1379-S.E AMS FRAS S3185.3

ESHB 1379  - S AMD458
     By Senators Fraser, Swecker, Parlette, Fairley

ADOPTED 04/22/2009

     Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1   The legislature recognizes that the state, cities, and counties have moratoria authority granted through constitutional and statutory provisions and that this authority, when properly exercised, is an important aspect of complying with environmental stewardship and protection requirements.
     Recognizing the fundamental role and value of properly exercised moratoria, the legislature intends to establish new moratoria procedures and to affirm moratoria authority that local governments have and may exercise when implementing the shoreline management act, while recognizing the legitimate interests of existing shoreline related developments during the period of interim moratoria.
     The legislature finds that temporary moratoria on the processing of less than comprehensive shoreline amendments to the shoreline master program are occasionally necessary along "shorelines of the state."

NEW SECTION.  Sec. 2   A new section is added to chapter 90.58 RCW to read as follows:
     (1) Local governments may adopt moratoria or other interim official controls as necessary and appropriate to implement this chapter.
     (2)(a) A local government adopting a moratorium or control under this section must:
     (i) Hold a public hearing on the moratorium or control;
     (ii) Adopt detailed findings of fact that include, but are not limited to justifications for the proposed or adopted actions and explanations of the desired and likely outcomes;
     (iii) Notify the department of the moratorium or control immediately after its adoption. The notification must specify the time, place, and date of any public hearing required by this subsection;
     (iv) Provide that all lawfully existing uses, structures, or other development shall continue to be deemed lawful conforming uses and may continue to be maintained, repaired, and redeveloped, so long as the use is not expanded, under the terms of the land use and shoreline rules and regulations in place at the time of the moratorium.
     (b) The public hearing required by this section must be held within sixty days of the adoption of the moratorium or control.
     (3) A moratorium or control adopted under this section may be effective for up to six months if a detailed work plan for remedying the issues and circumstances necessitating the moratorium or control is developed and made available for public review. A moratorium or control may be renewed for two six-month periods if the local government complies with subsection (2)(a) of this section before each renewal. If a moratorium or control is in effect on the date a proposed master program or amendment is submitted to the department, the moratorium or control must remain in effect until the department's final action under RCW 90.58.090; however, the moratorium expires six months after the date of submittal if the department has not taken final action.
     (4) Nothing in this section may be construed to modify county and city moratoria powers conferred outside this chapter.

NEW SECTION.  Sec. 3   A new section is added to chapter 90.58 RCW to read as follows:
     (1) A temporary moratorium on the processing of less than comprehensive amendments to the shoreline master program is created along the Puget Sound, Deschutes Waterway, and Capitol Lake "shorelines of the state" in Olympia.
     (2)(a) The moratorium takes effect under the following conditions:
     (i) The city submits less than comprehensive amendments to its shoreline master program; and
     (ii) The submittal is made either after the effective date of a state grant awarded to the city for the purpose of updating its comprehensive shoreline master program, or after work has commenced to implement the plans funded by the grant.
     (b) Development proposals shall not be segmented while the moratorium is in effect.
     (3) The moratorium shall not end until the comprehensive amendment to the comprehensive shoreline master program is submitted to and approved by the department.
     (4) This section does not apply to any "critical area" amendments submitted solely for the purpose of incorporating critical area ordinance standards into a shoreline master program.

NEW SECTION.  Sec. 4   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION.  Sec. 5   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."

ESHB 1379  - S AMD
     By Senators Fraser, Swecker, Parlette, Fairley

ADOPTED 04/22/2009

     On page 1, line 2 of the title, after "act;" strike the remainder of the title and insert "adding new sections to chapter 90.58 RCW; creating a new section; and declaring an emergency."

EFFECT:  Continues the moratorium or control when a proposed master program or amendment has been submitted to the department. The moratorium remains in effect until the department takes final action on the proposal. Provides that the moratorium or control will expire six months from the date of submitting the proposed master program or amendment if final action has not been taken by the department. Creates a temporary moratorium on the processing of less than comprehensive shoreline amendments on certain shorelines of the state in Olympia. Provides that such moratorium remains in effect until a comprehensive update to the comprehensive shoreline master program funded by the state has been submitted to and approved by the department. Adds severability and emergency clauses.

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