ESHB 1379 -
By Committee on Government Operations & Elections
ADOPTED AS AMENDED 04/14/2009
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 The legislature recognizes that 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 and when implementing the shoreline management
act.
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.
(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."
ESHB 1379 -
By Committee on Government Operations & Elections
ADOPTED AS AMENDED 04/14/2009
On page 1, line 2 of the title, after "act;" strike the remainder of the title and insert "adding a new section to chapter 90.58 RCW; and creating a new section."
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.