1653 AMH TAYL MOET 446
HB 1653 - H AMD TO H AMD (1653 AMH SIMP MOET 438) 1170
By Representative Taylor
NOT ADOPTED 2/15/2010
On page 11, after line 31 of the amendment, insert the following:
"Sec. 4. RCW 90.58.190 and 2003 c 321 s 4 are each amended to read as follows:
(1) The appeal of the department's decision to adopt a master program or amendment pursuant to RCW 90.58.070(2) or 90.58.090(5) is governed by RCW 34.05.510 through 34.05.598.
(2)(a) The department's decision to approve, reject, or modify a proposed master program or amendment adopted by a local government planning under RCW 36.70A.040 shall be appealed to the growth management hearings board with jurisdiction over the local government. The appeal shall be initiated by filing a petition as provided in RCW 36.70A.250 through 36.70A.320.
(b) If the appeal to the growth management hearings
board concerns shorelines, the growth management hearings board shall review
the proposed master program or amendment solely for compliance with the
requirements of this chapter((,)) and the policy of RCW 90.58.020
((and the applicable guidelines, the internal consistency provisions of RCW
36.70A.070, 36.70A.040(4), 35.63.125, and 35A.63.105, and chapter 43.21C RCW as
it relates to the adoption of master programs and amendments under chapter
90.58 RCW)).
(c) If the appeal to the growth management hearings
board concerns a shoreline of statewide significance, the board shall uphold
the decision by the department unless the board, by clear and convincing
evidence, determines that the decision of the department is inconsistent with
the policy of RCW 90.58.020 ((and the applicable guidelines)).
(d) The appellant has the burden of proof in all appeals to the growth management hearings board under this subsection.
(e) Any party aggrieved by a final decision of a growth management hearings board under this subsection may appeal the decision to superior court as provided in RCW 36.70A.300.
(3)(a) The department's decision to approve, reject, or modify a proposed master program or master program amendment by a local government not planning under RCW 36.70A.040 shall be appealed to the shorelines hearings board by filing a petition within thirty days of the date of the department's written notice to the local government of the department's decision to approve, reject, or modify a proposed master program or master program amendment as provided in RCW 90.58.090(2).
(b) In an appeal relating to shorelines, the shorelines
hearings board shall review the proposed master program or master program
amendment and, after full consideration of the presentations of the local
government and the department, shall determine the validity of the local
government's master program or amendment in light of the policy of RCW
90.58.020 ((and the applicable guidelines)).
(c) In an appeal relating to shorelines of statewide
significance, the shorelines hearings board shall uphold the decision by the
department unless the board determines, by clear and convincing evidence that
the decision of the department is inconsistent with the policy of RCW 90.58.020
((and the applicable guidelines)).
(d) Review by the shorelines hearings board shall be
considered an adjudicative proceeding under chapter 34.05 RCW, the
Administrative Procedure Act. ((The aggrieved local government shall have
the burden of proof in all such reviews.))
(e) Whenever possible, the review by the shorelines hearings board shall be heard within the county where the land subject to the proposed master program or master program amendment is primarily located. The department and any local government aggrieved by a final decision of the hearings board may appeal the decision to superior court as provided in chapter 34.05 RCW.
(4) A master program amendment shall become effective after the approval of the department or after the decision of the shorelines hearings board to uphold the master program or master program amendment, provided that the board may remand the master program or master program adjustment to the local government or the department for modification prior to the final adoption of the master program or master program amendment."
Renumber the remaining sections consecutively and correct any internal references accordingly.
EFFECT: (1) Modifies provisions governing appeals of decisions by the Department of Ecology to approve, reject, or modify proposed shoreline master programs or amendments by, in part, prohibiting the Growth Management Hearings Board and the Shorelines Hearings Board from finding that a program or amendment is inconsistent with shoreline guidelines of the DOE. (2) Deletes a provision specifying that the aggrieved local government has the burden of proof in reviews by the Shorelines Hearings Board.
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