BILL REQ. #: H-1078.2
| State of Washington | 61st Legislature | 2009 Regular Session |
Read first time 01/27/09. Referred to Committee on Ecology & Parks.
AN ACT Relating to reducing greenhouse gases in Washington; amending RCW 19.27A.020, 35.92.360, 54.16.280, 36.94.460, 70.164.020, 70.164.040, 70.164.050, 70.164.060, 36.70A.108, 36.70A.030, 84.14.020, 84.14.100, 47.66.030, 36.120.180, 43.185A.110, 43.185A.120, 43.185.050, 39.92.040, 43.82.010, 39.33.010, 47.12.063, 53.08.090, 70.44.300, 28A.335.120, 35.61.132, 35.94.040, 47.80.030, 47.80.050, 47.01.440, 47.56.830, 47.56.820, 47.56.785, 82.08.813, 70.95.010, 70.95.020, 70.95.030, 70.95.080, 70.95.090, 70.95.092, 70.95.100, 70.95.110, 70.95.167, 70.95.212, 70.95.260, 70.95.263, 70.95.285, 81.77.185, 42.56.270, 43.19A.020, 36.70A.020, 36.70A.070, 36.70A.100, 36.70A.190, 36.70A.210, 36.70A.490, 36.70A.500, 43.21C.240, 81.104.015, and 82.14.0455; amending 2005 c 296 s 6 (uncodified); reenacting and amending RCW 84.14.010; adding a new section to chapter 35.92 RCW; adding new sections to chapter 19.27A RCW; adding new sections to chapter 36.70A RCW; adding new sections to chapter 47.01 RCW; adding new sections to chapter 43.31 RCW; adding a new section to chapter 39.92 RCW; adding a new section to chapter 47.80 RCW; adding a new section to chapter 19.112 RCW; adding new sections to chapter 70.95 RCW; adding a new section to chapter 43.21C RCW; adding a new section to chapter 81.112 RCW; adding a new chapter to Title 47 RCW; adding new chapters to Title 70 RCW; creating new sections; prescribing penalties; providing effective dates; providing expiration dates; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 101 The legislature finds that:
(1) Buildings have a lifespan of fifty to one hundred years during
which they continually consume energy and produce carbon dioxide
emissions. Existing homes, commercial buildings, and public
institutions consume seventy percent of the electricity load in
Washington state and account for more than thirty percent of the
state's carbon dioxide emissions. Those emissions need to decline in
order to meet our state's climate pollution reduction requirements in
RCW 70.235.020.
(2) Energy use in buildings is responsible for more than thirty
percent of Washington's global-warming emissions. Existing buildings
are far and away the region's greatest energy wasters, and thus our
greatest savings opportunity.
(3) State government can lead Washington into the clean energy
economy by making public buildings models of energy efficiency, while
saving public dollars.
(4) Energy efficiency is the cheapest and fastest way to meet
Washington's growing demand for electricity. A kilowatt saved is a
kilowatt earned. Put another way, saving a kilowatt-hour through
efficiency improvements frees up a kilowatt-hour to be used to meet our
growing demand for electricity. Energy efficiency typically costs
about three cents per kilowatt-hour saved compared with seven to twelve
cents per kilowatt-hour for electricity generated by new power plants.
(5) The United States population and economy are projected to grow
significantly over the coming decades, increasing the desire for new
buildings to meet this demand, with approximately fifteen million new
buildings projected to be constructed by 2015 nationwide.
(6) Making Washington homes and businesses more energy efficient
reduces the load on our electricity grid, the energy interstate we all
depend on and pay for. Washington's energy needs will grow along with
predicted population growth. Everyone who pays an electricity bill
broadly shares the cost of new power plants and power lines. Energy
efficiency can defer and even replace the need for expensive new energy
infrastructure helping to keep everyone's energy costs down and to meet
projected energy demand growth.
(7) Energy efficiency investments also create good local jobs, so
when utilities, businesses, or families invest in energy efficiency,
they are investing in the local community and the regional economy.
(8) The Washington state energy code is updated every three years
and reductions in energy use can be achieved by strengthening building
codes for new buildings and major retrofits.
(9) Funding for the state building code, responsible for
developing, evaluating, monitoring, and adopting fire, safety, public
health, and energy codes, is limited to building permit fees of four
dollars and fifty cents per permit collected by local governments. The
building permit fee has not changed in twenty-seven years.
(10) Facilitating a benchmarking system that provides energy
performance information for existing commercial and public buildings in
the state would enable building owners and operators to better manage
energy use and costs associated with those buildings.
(11) Up-front financing for energy efficiency improvements can be
a barrier to investments in energy efficiency upgrades and needs to be
addressed to rapidly increase energy efficiency, to reduce energy use,
and to meet our state's climate goals.
(12) Low-income households pay a higher percentage of their income
on energy bills than other households. Policies and programs should
focus on increasing home weatherization and energy-conserving services
to reduce energy bills.
(13) According to the American council for an energy-efficient
economy, improving buildings' energy efficiency by twenty percent by
2030 could create an estimated eight hundred thousand net jobs
nationwide, and by thirty percent could create up to one million three
hundred thousand net jobs.
NEW SECTION. Sec. 102 The definitions in this section apply to
sections 101 through 103 and 105 through 108 of this act and RCW
19.27A.020 unless the context clearly requires otherwise.
(1) "Benchmark" means the energy used by a facility as recorded
monthly for at least one year and the facility characteristics
information inputs required for a portfolio manager.
(2) "Conditioned space" means conditioned space, as defined in the
Washington state energy code.
(3) "Consumer-owned utility" includes a municipal electric utility
formed under Title 35 RCW, a public utility district formed under Title
54 RCW, an irrigation district formed under chapter 87.03 RCW, a
cooperative formed under chapter 23.86 RCW, a mutual corporation or
association formed under chapter 24.06 RCW, a port district formed
under Title 53 RCW, or a water-sewer district formed under Title 57
RCW, that is engaged in the business of distributing electricity to one
or more retail electric customers in the state.
(4) "Cost-effectiveness" means energy conservation measures that
the investment grade audit concludes will generate savings sufficient
to finance a portfolio of energy savings projects for not more than ten
years.
(5) "Council" means the state building code council.
(6) "Department" means the department of community, trade, and
economic development.
(7) "Energy service company" has the same meaning as in RCW
43.19.670.
(8) "General administration" means the department of general
administration.
(9) "Greenhouse gas" and "greenhouse gases" includes carbon
dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons,
and sulfur hexafluoride.
(10) "Investment grade energy audit" means an intensive engineering
analysis of energy conservation and management measures for the
facility, net energy savings, and a cost-effectiveness determination.
(11) "Investor-owned utility" means a corporation owned by
investors that meets the definition of "corporation" as defined in RCW
80.04.010 and is engaged in distributing either electricity or natural
gas, or both, to more than one retail electric customer in the state.
(12) "Major facility" means any publicly owned or leased building,
or a group of such buildings at a single site, having ten thousand
square feet or more of conditioned floor space.
(13) "National energy performance rating" means the score provided
by the energy star program, to indicate the energy efficiency
performance of the building compared to similar buildings in that
climate as defined in the United States environmental protection agency
"ENERGY STAR® Performance Ratings Technical Methodology."
(14) "Net zero energy use" means a building with net energy
consumption of zero over a typical year as measured at utility. This
is done in part by maximizing energy efficiency.
(15) "Portfolio manager" means the United States environmental
protection agency's energy star portfolio manager or an equivalent tool
adopted by the department.
(16) "Preliminary energy audit" means a quick evaluation by an
energy service company of the energy savings potential of a building.
(17) "Qualifying public agency" includes all state agencies,
colleges, universities, and school districts.
(18) "Qualifying utility" means a consumer-owned or investor-owned
gas or electric utility that serves more than twenty-five thousand
customers in the state of Washington.
(19) "Reporting public facility" means any of the following:
(a) A building or structure, or a group of buildings or structures
at a single site, owned by a qualifying public agency, that exceed ten
thousand square feet of conditioned space;
(b) Buildings, structures, or spaces leased by a qualifying public
agency that exceeds ten thousand square feet of conditioned space,
where the qualifying public agency purchases energy directly from the
energy provider;
(c) A wastewater treatment facility owned by a qualifying public
agency; or
(d) Other facilities selected by the qualifying public agency.
(20) "State portfolio manager master account" means a portfolio
manager account established to provide a single shared portfolio that
includes reports for all the reporting public facilities.
NEW SECTION. Sec. 103 (1) The department shall develop and
implement a strategic plan for enhancing energy efficiency in and
reducing greenhouse gas emissions from homes, buildings, districts, and
neighborhoods. Primarily, the strategic plan must be used to direct
the future code increases in RCW 19.27A.020, with targets for new
buildings similar to the architecture 2030 challenge schedule. The
strategic plan will identify barriers to achieving net zero energy use
in homes and buildings and identify how to overcome these barriers in
updated energy codes and through complementary policies.
(2) The department must complete and release the strategic plan to
the legislature and the council by December 31, 2010, and update the
plan every three years.
(3) The strategic plan must include recommendations to the council
on energy code upgrades. At a minimum, the strategic plan must:
(a) Consider development of aspirational codes separate from the
state energy code that contain economically and technically feasible
optional standards that could achieve higher energy efficiency for
those builders that elected to follow the optional standards in lieu of
or in addition to complying with the standards set forth in the state
energy code;
(b) Determine the appropriate methodology to measure achievement of
state energy code targets using the United States environmental
protection agency's target finder program or equivalent methodology;
(c) Address the need for enhanced code enforcement;
(d) Include state strategies to support research, demonstration,
and education programs designed to achieve the targets in section 105
of this act and enhance energy efficiency and on-site renewable energy
production in buildings;
(e) Develop incentives, education, training programs and
certifications, particularly state-approved training or certification
programs, joint apprenticeship programs, or labor-management
partnership programs that train workers for energy-efficiency projects
to ensure proposed programs are designed to increase building
professionals' ability to design, construct, and operate buildings that
meet the energy efficiency targets in section 105 of this act;
(f) Address barriers for utilities to serve net zero energy homes
and buildings and policies to overcome those barriers;
(g) Address the limits of a prescriptive code in achieving net zero
energy use homes and buildings and propose a transition to performance-based codes;
(h) Create tax incentives, rebates, innovative or discounted
financing, and nonfinancial support in motivating energy consumers to
take action to increase energy efficiency and their use of on-site
renewable energy. Such incentives, rebates, or financing options may
consider the role of government programs as well as utility-sponsored
programs;
(i) Address the adequacy of education and technical assistance,
including school curricula, technical training, and peer-to-peer
exchanges for professional and trade audiences;
(j) Develop strategies to develop and install district and
neighborhood-wide energy systems that help meet net zero energy use in
homes and buildings; and
(k) Address barriers to one hundred percent carbon free energy
consumption in all buildings.
(4) The department and the council shall convene a work group to
inform the initial development of the strategic plan. Membership of
the work group may include, but is not limited to, representatives
from:
(a) A municipal code enforcement officer employed by a
municipality;
(b) A residential builder;
(c) A commercial builder;
(d) An architect licensed in the state who is accredited by a
nationally recognized organization that administers credentialing
programs related to environmentally sound building practices and
standards, recommended by the American institute of architects
Washington chapter;
(e) A professional engineer licensed in Washington state,
recommended by a statewide association of structural engineers;
(f) A historic preservation representative, recommended by the
Washington historic preservation commission, with experience
implementing the state's standards for the treatment of historic
properties;
(g) A conservation group working in energy efficiency;
(h) The Northwest power planning and conservation council;
(i) An investor-owned utility providing electricity service;
(j) An investor-owned utility providing natural gas service;
(k) A public utility district;
(l) A municipal electric utility;
(m) An electric cooperative;
(n) A representative of the energy services companies industry;
(o) A representative from the legal profession;
(p) A representative from a financial institution or entity
familiar with municipal bonds;
(q) An electrical engineer licensed in Washington state,
recommended by a statewide association of electrical engineers;
(r) A consulting design firm working on building renewable energy
solutions;
(s) A representative from a labor union representing workers in
energy or building and construction industries or labor affiliates
administering state-approved, joint apprenticeship programs or labor-management partnership programs that train workers for these
industries;
(t) A representative of an equipment manufacturer; and
(u) A mechanical HVAC engineer licensed in Washington state,
recommended by a statewide association of mechanical HVAC engineers.
Sec. 104 RCW 19.27A.020 and 1998 c 245 s 8 are each amended to
read as follows:
(1) ((No later than January 1, 1991,)) The state building code
council shall adopt rules to be known as the Washington state energy
code as part of the state building code.
(2) The council shall follow the legislature's standards set forth
in this section to adopt rules to be known as the Washington state
energy code. The ((Washington)) state energy code shall be designed
to:
(a) Accelerate construction of increasingly energy efficient homes
and buildings that help achieve the broader goal of building zero
fossil-fuel greenhouse gas emission homes and buildings by the year
2031;
(b) Require new buildings to meet a certain level of energy
efficiency, but allow flexibility in building design, construction, and
heating equipment efficiencies within that framework((. The Washington
state energy code shall be designed to)); and
(c) Allow space heating equipment efficiency to offset or
substitute for building envelope thermal performance.
(3) The Washington state energy code shall take into account
regional climatic conditions. Climate zone 1 shall include all
counties not included in climate zone 2. Climate zone 2 includes:
Adams, Chelan, Douglas, Ferry, Grant, Kittitas, Lincoln, Okanogan, Pend
Oreille, Spokane, Stevens, and Whitman counties.
(4) The Washington state energy code for residential buildings
shall ((require:)) be the 2006 edition of the Washington state energy code, as
amended by rule by the council.
(a) New residential buildings that are space heated with electric
resistance heating systems to achieve energy use equivalent to that
used in typical buildings constructed with:
(i) Ceilings insulated to a level of R-38. The code shall contain
an exception which permits single rafter or joist vaulted ceilings
insulated to a level of R-30 (R value includes insulation only);
(ii) In zone 1, walls insulated to a level of R-19 (R value
includes insulation only), or constructed with two by four members,
R-13 insulation batts, R-3.2 insulated sheathing, and other normal
assembly components; in zone 2 walls insulated to a level of R-24 (R
value includes insulation only), or constructed with two by six
members, R-22 insulation batts, R-3.2 insulated sheathing, and other
normal construction assembly components; for the purpose of determining
equivalent thermal performance, the wall U-value shall be 0.058 in zone
1 and 0.044 in zone 2;
(iii) Below grade walls, insulated on the interior side, to a level
of R-19 or, if insulated on the exterior side, to a level of R-10 in
zone 1 and R-12 in zone 2 (R value includes insulation only);
(iv) Floors over unheated spaces insulated to a level of R-30 (R
value includes insulation only);
(v) Slab on grade floors insulated to a level of R-10 at the
perimeter;
(vi) Double glazed windows with values not more than U-0.4;
(vii) In zone 1 the glazing area may be up to twenty-one percent of
floor area and in zone 2 the glazing area may be up to seventeen
percent of floor area where consideration of the thermal resistance
values for other building components and solar heat gains through the
glazing result in thermal performance equivalent to that achieved with
thermal resistance values for other components determined in accordance
with the equivalent thermal performance criteria of (a) of this
subsection and glazing area equal to fifteen percent of the floor area.
Throughout the state for the purposes of determining equivalent thermal
performance, the maximum glazing area shall be fifteen percent of the
floor area; and
(viii) Exterior doors insulated to a level of R-5; or an exterior
wood door with a thermal resistance value of less than R-5 and values
for other components determined in accordance with the equivalent
thermal performance criteria of (a) of this subsection.
(b) New residential buildings which are space-heated with all other
forms of space heating to achieve energy use equivalent to that used in
typical buildings constructed with:
(i) Ceilings insulated to a level of R-30 in zone 1 and R-38 in
zone 2 the code shall contain an exception which permits single rafter
or joist vaulted ceilings insulated to a level of R-30 (R value
includes insulation only);
(ii) Walls insulated to a level of R-19 (R value includes
insulation only), or constructed with two by four members, R-13
insulation batts, R-3.2 insulated sheathing, and other normal assembly
components;
(iii) Below grade walls, insulated on the interior side, to a level
of R-19 or, if insulated on the exterior side, to a level of R-10 in
zone 1 and R-12 in zone 2 (R value includes insulation only);
(iv) Floors over unheated spaces insulated to a level of R-19 in
zone 1 and R-30 in zone 2 (R value includes insulation only);
(v) Slab on grade floors insulated to a level of R-10 at the
perimeter;
(vi) Heat pumps with a minimum heating season performance factor
(HSPF) of 6.8 or with all other energy sources with a minimum annual
fuel utilization efficiency (AFUE) of seventy-eight percent;
(vii) Double glazed windows with values not more than U-0.65 in
zone 1 and U-0.60 in zone 2. The state building code council, in
consultation with the department of community, trade, and economic
development, shall review these U-values, and, if economically
justified for consumers, shall amend the Washington state energy code
to improve the U-values by December 1, 1993. The amendment shall not
take effect until July 1, 1994; and
(viii) In zone 1, the maximum glazing area shall be twenty-one
percent of the floor area. In zone 2 the maximum glazing area shall be
seventeen percent of the floor area. Throughout the state for the
purposes of determining equivalent thermal performance, the maximum
glazing area shall be fifteen percent of the floor area.
(c) The requirements of (b)(ii) of this subsection do not apply to
residences with log or solid timber walls with a minimum average
thickness of three and one-half inches and with space heat other than
electric resistance.
(d) The state building code council may approve an energy code for
pilot projects of residential construction that use innovative energy
efficiency technologies intended to result in savings that are greater
than those realized in the levels specified in this section.
(5) U-values for glazing shall be determined using the area
weighted average of all glazing in the building. U-values for vertical
glazing shall be determined, certified, and labeled in accordance with
the appropriate national fenestration rating council (NFRC) standard,
as determined and adopted by the state building code council.
Certification of U-values shall be conducted by a certified,
independent agency licensed by the NFRC. The state building code
council may develop and adopt alternative methods of determining,
certifying, and labeling U-values for vertical glazing that may be used
by fenestration manufacturers if determined to be appropriate by the
council. The state building code council shall review and consider the
adoption of the NFRC standards for determining, certifying, and
labeling U-values for doors and skylights when developed and published
by the NFRC. The state building code council may develop and adopt
appropriate alternative methods for determining, certifying, and
labeling U-values for doors and skylights. U-values for doors and
skylights determined, certified, and labeled in accordance with the
appropriate NFRC standard shall be acceptable for compliance with the
state energy code. Sealed insulation glass, where used, shall conform
to, or be in the process of being tested for, ASTM E-774-81 class A or
better
(((6))) (5) The minimum state energy code for new nonresidential
buildings shall be the Washington state energy code, ((1986)) 2006
edition, as amended by the council by rule.
(((7))) (6)(a) Except as provided in (b) of this subsection, the
Washington state energy code for residential structures shall preempt
the residential energy code of each city, town, and county in the state
of Washington.
(b) The state energy code for residential structures does not
preempt a city, town, or county's energy code for residential
structures which exceeds the requirements of the state energy code and
which was adopted by the city, town, or county prior to March 1, 1990.
Such cities, towns, or counties may not subsequently amend their energy
code for residential structures to exceed the requirements adopted
prior to March 1, 1990.
(((8))) (7) The state building code council shall consult with the
department of community, trade, and economic development as provided in
RCW 34.05.310 prior to publication of proposed rules. ((The department
of community, trade, and economic development shall review the proposed
rules for consistency with the guidelines adopted in subsection (4) of
this section.)) The director of the department of community, trade,
and economic development shall recommend to the state building code
council any changes necessary to conform the proposed rules to the
requirements of this section.
(8) The definitions in section 102 of this act apply throughout
this section.
NEW SECTION. Sec. 105 (1) The council shall adopt state energy
codes that require homes and buildings constructed from 2016 through
2031 to meet the following energy efficiency targets, using the adopted
2006 Washington state energy code as a baseline:
(a) By 2013, new homes and buildings must be designed and
constructed to achieve a forty percent reduction in energy use for that
building type;
(b) By 2016, new homes and buildings must be designed and
constructed to achieve a forty-five percent reduction in energy use for
that building type;
(c) By 2019, new homes and buildings must be designed and
constructed to achieve a fifty percent reduction in energy use for that
building type;
(d) By 2022, new homes and buildings must be designed and
constructed to achieve a fifty-five percent reduction in energy use for
that building type;
(e) By 2025, new homes and buildings must be designed and
constructed to achieve a sixty percent reduction in energy use for that
building type;
(f) By 2028, new homes and buildings must be designed and
constructed to achieve a sixty-five percent reduction in energy use for
that building type; and
(g) By 2031, new homes and buildings must be designed and
constructed to achieve a seventy percent reduction in energy use for
that building type.
(2) If the council determines that economic, technological, or
process factors would significantly impede adoption of or compliance
with state energy codes incorporating the energy efficiency targets in
subsection (1) of this section, the council shall report its findings
to the legislature by December 31st of the year prior to the year in
which those codes would otherwise be enacted under its proposed action
plan.
NEW SECTION. Sec. 106 (1) On and after January 1, 2010,
qualifying utilities shall maintain records of the energy consumption
data of all nonresidential and qualifying public agency buildings to
which they provide service. This data must be maintained for at least
the most recent twelve months in a format compatible for uploading to
the portfolio manager.
(2) On and after January 1, 2010, upon the written authorization or
secure electronic authorization of a nonresidential building owner or
operator, a qualifying utility shall upload all of the energy
consumption data for the accounts specified for a building to the
portfolio manager in a manner that preserves the confidentiality of the
customers.
(3) In carrying out the requirements of this section, a qualifying
utility shall use any method for providing the specified data in order
to maximize efficiency and minimize overall program cost. Qualifying
utilities are encouraged to consult with the United States
environmental protection agency and their customers in developing
reasonable reporting options.
(4) Disclosure of nonpublic nonresidential building performance
data will be phased in as follows:
(a) By January 1, 2011, for buildings greater than fifty thousand
square feet; and
(b) By January 1, 2012, for buildings greater than ten thousand
square feet.
(5) Based on the size guidelines in subsection (4) of this section,
a property owner or operator, or their agent, of a nonresidential
building shall complete and disclose the portfolio manager data and
ratings for the most recent continuously occupied twelve-month period
to a prospective buyer, lessee, or lender. If the data is delivered to
a prospective buyer, lessee, or lender, a property owner, operator, or
their agent is not required to provide additional information regarding
energy consumption, and the information is deemed to be adequate to
inform the prospective buyer, lessee, or lender regarding the portfolio
manager data and ratings for the most recent twelve-month period for
the building that is being sold, leased, financed, or refinanced.
(6) Notwithstanding subsections (4) and (5) of this section,
nothing in this section increases or decreases the duties, if any, of
a property owner, operator, or their agent under this chapter or alters
the duty of a seller, agent, or broker to disclose the existence of a
material fact affecting the real property.
NEW SECTION. Sec. 107 By December 31, 2009, the department shall
recommend to the legislature a methodology to determine an energy
performance score for residential buildings and an implementation
strategy to ensure disclosure of that score at the time of sale.
NEW SECTION. Sec. 108 (1) By July 1, 2010, each qualifying
public agency shall:
(a) Create an energy benchmark for each reporting public facility
using a portfolio manager;
(b) Report the environmental protection agency national energy
performance rating for each reporting public facility included in the
technical requirements for this rating; and
(c) Link all portfolio manager accounts to the state portfolio
manager master account to facilitate public reporting.
(2) By January 1, 2010, general administration shall establish a
state portfolio manager master account. The account must be designed
to provide shared reporting for all reporting public facilities.
(3) By July 1, 2010, general administration shall select a
standardized portfolio manager report for reporting public facilities.
General administration, in collaboration with the United States
environmental protection agency, shall make the standard report of each
reporting public facility available to the public through the portfolio
manager web site.
(4) General administration shall prepare a biennial report
summarizing the statewide portfolio manager master account reporting
data. The first report must be completed by December 1, 2012.
Subsequent reporting shall be completed every two years thereafter.
(5) By July 1, 2010, general administration shall develop a
technical assistance program to facilitate the implementation of a
preliminary audit and the investment grade energy audit. General
administration shall design the technical assistance program to utilize
no-cost audit services provided by utilities or energy services
contracting companies when possible.
(6) For each reporting public facility with a national energy
performance rating score below fifty, the qualifying public agency, in
consultation with general administration, shall undertake a preliminary
energy audit by July 1, 2011. If potential cost-effective energy
savings are identified, an investment grade energy audit must be
completed by July 1, 2012. Implementation of cost-effective energy
conservation measures are required by July 1, 2015. For a major
facility that is leased by a state agency, college, university, or
school district, energy audits and implementation of cost-effective
energy conservation measures are required only for that portion of the
facility that is leased by the state agency, college, university, or
school district.
(7) The state may not renew leases with buildings that have a
portfolio manager score below fifty.
(8) By July 1, 2011, general administration shall conduct a review
of facilities not covered by the national energy performance rating.
Based on this review, general administration shall develop a portfolio
of additional facilities that require preliminary energy audits. For
these facilities, the qualifying public agency, in consultation with
general administration, shall undertake a preliminary energy audit by
July 1, 2012. If potential cost-effective energy savings are
identified, an investment grade energy audit must be completed by July
1, 2013.
NEW SECTION. Sec. 109 A new section is added to chapter 35.92
RCW to read as follows:
(1) A municipality may construct, purchase, acquire, add to,
extend, maintain, and operate a system of conservation facilities,
equipment, and programs for the conservation of energy, within or
without its limits, for the purpose of providing to its inhabitants and
other persons, services that lead to the more efficient consumption of
energy resources, from whatever source generated, with full power to
regulate and control the use, distribution, and price of such
efficiency measures, and to enter into agreements for the maintenance
and operation of conservation facilities under terms and conditions
determined by the legislative authority of the municipality. A
conservation utility may be operated as a separate utility or may be
combined with an existing electric, water, wastewater, solid waste,
heating or other utility operated by the municipality.
(2) For the purposes of meeting the state's goals relating to
greenhouse gas emissions in RCW 70.235.020 and reducing the state's
dependence on foreign oil, the provision of conservation services and
the establishment and operation of conservation utilities by a
municipality under this section are declared to be a public use and a
public and municipal purpose. A municipality that forms a conservation
utility under this section is declared to be engaged in the sale or
distribution of energy services for purposes of Article VIII, section
10 of the state Constitution, and is authorized to operate the loan
programs authorized in RCW 35.92.360 or 54.16.280, as applicable.
(3)(a) The legislative authority of the municipality has full
authority to control the use, distribution, and rates or charges for
energy conservation services and facilities provided to customers of
the system if the rates charged are uniform for the same class of
customer or service.
(b) In classifying customers served or service furnished, the
legislative authority may consider:
(i) The difference in cost of service to the various customers;
(ii) The location of the various customers within or without the
municipality;
(iii) The difference in cost of maintenance, operation, repair, and
replacement of the various parts of the system;
(iv) The different character of the service furnished various
customers;
(v) The quantity and quality of the conservation services
furnished; and
(vi) Any other matters that present a reasonable difference as a
ground for distinction.
(4) The legislative authority of the municipality has full
authority to regulate and control the conservation services delivered,
together with the right to handle and sell or lease any meters, lamps,
motors, transformers, and conservation equipment or accessories of any
kind, necessary and convenient for the use, distribution, and sale
thereof.
(5) The associated reductions in greenhouse gas emissions from any
energy conservation services and facilities provided by the
conservation utility are owned by the conservation utility unless
otherwise expressly provided in the rates and charges or contracts for
energy conservation.
(6) The associated reductions in greenhouse gas emissions from any
energy conservation services and facilities provided by the
conservation utility may be sold by the conservation utility to:
(a) Cities, counties, and public utility districts to mitigate the
greenhouse gas emissions of those jurisdictions pursuant to the
authority to purchase offsets provided in RCW 35.92.430, 36.01.250, and
54.16.390; or
(b) Electric utilities as renewable energy credits under chapter
19.285 RCW to the extent that the reductions in greenhouse gas
emissions result from a reduction in electric energy usage.
(7) This authority is in addition to any authority granted in other
law and does not limit the ability to provide conservation services
through an existing electric, water, wastewater, or heating utility.
The election procedures under RCW 35.92.070 and 54.08.070 and chapter
80.52 RCW or other law have no application to the formation of a
conservation utility formed under this section. Nothing in this
section authorizes any municipality to generate, transmit, distribute,
or sell electricity. Nothing in this section may be construed to
restrain or limit the authority of any individual, partnership,
corporation, or private utility from establishing and providing
conservation services.
(8) For purposes of this section, "municipality" means any city,
town, county, or public utility district.
Sec. 110 RCW 35.92.360 and 2002 c 276 s 2 are each amended to
read as follows:
(1) Any city or town engaged in the generation, sale, or
distribution of energy is hereby authorized, within limits established
by the Constitution of the state of Washington, to assist the owners of
structures or equipment in financing the acquisition and installation
of materials and equipment, for compensation or otherwise, for the
conservation or more efficient use of energy in such structures or
equipment pursuant to an energy conservation plan adopted by the city
or town if the cost per unit of energy saved or produced by the use of
such materials and equipment is less than the cost per unit of energy
produced by the next least costly new energy resource which the city or
town could acquire to meet future demand. Any financing authorized
under this chapter shall only be used for conservation purposes in
existing structures, and such financing shall not be used for any
purpose which results in a conversion from one energy source to
another.
(2) For the purposes of this section, "conservation purposes in
existing structures" may include projects to allow a municipal electric
utility's customers to generate all or a portion of their own
electricity through the on-site installation of a distributed
electricity generation system that uses as its fuel solar, wind,
geothermal, or hydropower, or other renewable resource that is
available on-site and not from a commercial source. Such projects
shall not be considered "a conversion from one energy source to
another" which is limited to the change or substitution of one
commercial energy supplier for another commercial energy supplier.
(3) Except where otherwise authorized, such assistance shall be
limited to:
(((1))) (a) Providing an inspection of the structure or equipment,
either directly or through one or more inspectors under contract, to
determine and inform the owner of the estimated cost of purchasing and
installing conservation materials and equipment for which financial
assistance will be approved and the estimated life cycle savings in
energy costs that are likely to result from the installation of such
materials or equipment;
(((2))) (b) Providing a list of businesses who sell and install
such materials and equipment within or in close proximity to the
service area of the city or town, each of which businesses shall have
requested to be included and shall have the ability to provide the
products in a workmanlike manner and to utilize such materials in
accordance with the prevailing national standards((.));
(((3))) (c) Arranging to have approved conservation materials and
equipment installed by a private contractor whose bid is acceptable to
the owner of the residential structure and verifying such installation;
and
(((4))) (d) Arranging or providing financing for the purchase and
installation of approved conservation materials and equipment. Such
materials and equipment shall be purchased from a private business and
shall be installed by a private business or the owner.
(((5))) (4) Pay back shall be in the form of incremental additions
to the utility bill, billed either together with use charge or
separately. Loans shall not exceed one hundred twenty months in
length. The city or town may make assistance available in the form of
grants made under this section for conservation improvements to
existing structures owned or occupied by persons qualifying as poor or
infirm consistent with the state Constitution.
(5) The legislative authority of the city or town shall approve the
aggregate amount of such loans and repayment terms by ordinance and
may, by ordinance, delegate to staff to approve individual loans
consistent with the terms set forth in the ordinance. The city or town
and the property owner shall enter into a loan agreement setting forth
the terms of the loan, which agreement may provide for acceleration in
the event a loan installment is delinquent. In order to secure loans,
the city or town must have a statutory lien on the property on which
conservation improvements so financed are installed or constructed.
The lien is paramount and superior to any other lien or encumbrance
theretofore or thereafter created, except a lien for general taxes and
special assessment district assessments. The loan is a lien upon
property from the time the loan agreement is executed. If the
legislative authority of the city or town has acted in good faith and
without fraud in granting a loan, the loan is valid and enforceable as
such and the lien upon the property is valid.
(6) The city or town may foreclose a lien in an action in the
superior court. All or any of the tracts subject to such a lien may be
proceeded against in a single action, and all parties appearing of
record as owning or claiming to own or having an interest in or lien
upon the tracts involved must be impleaded in the action as parties
defendant. An action to foreclose a lien must be commenced within two
years after the date the loan first becomes subject to acceleration
under the loan documents. Liens to secure loans may be foreclosed in
the manner provided by RCW 35.67.250, 35.67.260, and 35.67.270.
(7) Loans may be used to secure and repay general obligation or
revenue bonds, notes, or other forms of indebtedness issued by or on
behalf of the city or town. For the purpose of securing the payment of
the principal of and interest on any bonds or notes, the city or town
may create a reserve fund. The principal amount of any loan may
include a proportionate share of the costs of issuing the bonds, notes,
or other indebtedness, and may include up to an additional ten percent
of the loan amount to fund a reserve fund.
(8) The amendments to this section made by this act apply
prospectively and do not affect the validity of any loan issued under
this section prior to the effective date of this section.
Sec. 111 RCW 54.16.280 and 2002 c 276 s 3 are each amended to
read as follows:
(1) Any district is hereby authorized, within limits established by
the Constitution of the state of Washington, to assist the owners of
structures or equipment in financing the acquisition and installation
of materials and equipment, for compensation or otherwise, for the
conservation or more efficient use of energy in such structures or
equipment pursuant to an energy conservation plan adopted by the
district if the cost per unit of energy saved or produced by the use of
such materials and equipment is less than the cost per unit of energy
produced by the next least costly new energy resource which the
district could acquire to meet future demand. Any financing authorized
under this chapter shall only be used for conservation purposes in
existing structures, and such financing shall not be used for any
purpose which results in a conversion from one energy source to
another.
(2) For the purposes of this section, "conservation purposes in
existing structures" may include projects to allow a district's
customers to generate all or a portion of their own electricity through
the on-site installation of a distributed electricity generation system
that uses as its fuel solar, wind, geothermal, or hydropower, or other
renewable resource that is available on-site and not from a commercial
source. Such projects shall not be considered "a conversion from one
energy source to another" which is limited to the change or
substitution of one commercial energy supplier for another commercial
energy supplier.
(3) Except where otherwise authorized, such assistance shall be
limited to:
(((1))) (a) Providing an inspection of the structure or equipment,
either directly or through one or more inspectors under contract, to
determine and inform the owner of the estimated cost of purchasing and
installing conservation materials and equipment for which financial
assistance will be approved and the estimated life cycle savings in
energy costs that are likely to result from the installation of such
materials or equipment;
(((2))) (b) Providing a list of businesses who sell and install
such materials and equipment within or in close proximity to the
service area of the district, each of which businesses shall have
requested to be included and shall have the ability to provide the
products in a workmanlike manner and to utilize such materials in
accordance with the prevailing national standards((.));
(((3))) (c) Arranging to have approved conservation materials and
equipment installed by a private contractor whose bid is acceptable to
the owner of the residential structure and verifying such installation;
and
(((4))) (d) Arranging or providing financing for the purchase and
installation of approved conservation materials and equipment. Such
materials and equipment shall be purchased from a private business and
shall be installed by a private business or the owner.
(((5))) (4) Pay back shall be in the form of incremental additions
to the utility bill, billed either together with use charge or
separately. Loans shall not exceed one hundred twenty months in
length. The district may make assistance available in the form of
grants made under this section for conservation improvements to
existing structures owned or occupied by persons qualifying as poor or
infirm consistent with the state Constitution.
(5) The legislative authority of the district shall approve the
aggregate amount of such loans and repayment terms by ordinance and
may, by ordinance, delegate to staff to approve individual loans
consistent with the terms set forth in the ordinance. The district and
the property owner shall enter into a loan agreement setting forth the
terms of the loan, which agreement may provide for acceleration in the
event a loan installment is delinquent. In order to secure loans, the
district must have a statutory lien on the property on which
conservation improvements so financed are installed or constructed.
The lien is paramount and superior to any other lien or encumbrance
theretofore or thereafter created, except a lien for general taxes and
special assessment district assessments. The loan is a lien upon
property from the time the loan agreement is executed. If the
legislative authority of the district has acted in good faith and
without fraud in granting a loan, the loan is valid and enforceable as
such and the lien upon the property is valid.
(6) The district may foreclose a lien in an action in the superior
court. All or any of the tracts subject to such a lien may be
proceeded against in a single action, and all parties appearing of
record as owning or claiming to own or having an interest in or lien
upon the tracts involved must be impleaded in the action as parties
defendant. An action to foreclose a lien must be commenced within two
years after the date the loan first becomes subject to acceleration
under the loan documents. Liens to secure loans may be foreclosed in
the manner provided by RCW 35.67.250, 35.67.260, and 35.67.270.
(7) Loans may be used to secure and repay general obligation or
revenue bonds, notes, or other forms of indebtedness issued by or on
behalf of the city or town. For the purpose of securing the payment of
the principal of and interest on any bonds or notes, the district may
create a reserve fund. The principal amount of any loan may include a
proportionate share of the costs of issuing the bonds, notes, or other
indebtedness, and may include up to an additional ten percent of the
loan amount to fund a reserve fund.
(8) The amendments to this section made by this act apply
prospectively and do not affect the validity of any loan issued under
this section prior to the effective date of this section.
Sec. 112 RCW 36.94.460 and 1992 c 25 s 3 are each amended to read
as follows:
(1) Any county engaged in the sale or distribution of water or in
the sale and distribution of energy services through an energy
conservation utility formed under section 109 of this act, is hereby
authorized, within limits established by the Constitution of the state
of Washington, to assist the owners of structures that are provided
water or energy conservation services by the county in financing the
acquisition and installation of fixtures, systems, and equipment, for
compensation or otherwise, for the conservation or more efficient use
of water or energy in the structures under a water or energy
conservation plan adopted by the county if the cost per unit of water
saved or conserved by the use of the fixtures, systems, and equipment
is less than the cost per unit of water supplied by the next least
costly new water source available to the county to meet future demand.
(2) Except where otherwise authorized, assistance shall be limited
to:
(((1))) (a) Providing an inspection of the structure, either
directly or through one or more inspectors under contract, to determine
and inform the owner of the estimated cost of purchasing and installing
conservation fixtures, systems, and equipment for which financial
assistance will be approved and the estimated life cycle savings to the
water system and the consumer that are likely to result from the
installation of the fixtures, systems, or equipment;
(((2))) (b) Providing a list of businesses that sell and install
the fixtures, systems, and equipment within or in close proximity to
the service area of the county, each of which businesses shall have
requested to be included and shall have the ability to provide the
products in a workmanlike manner and to utilize the fixtures, systems,
and equipment in accordance with the prevailing national standards;
(((3))) (c) Arranging to have approved conservation fixtures,
systems, and equipment installed by a private contractor whose bid is
acceptable to the owner of the structure and verifying the
installation; and
(((4))) (d) Arranging or providing financing for the purchase and
installation of approved conservation fixtures, systems, and equipment.
The fixtures, systems, and equipment shall be purchased or installed by
a private business, the owner, or the utility.
(3) Pay back shall be in the form of incremental additions to the
utility bill, billed either together with (([the])) the use charge or
separately. Loans shall not exceed one hundred twenty months in
length. The county may make assistance available in the form of grants
made under this section for conservation improvements to existing
structures owned or occupied by persons qualifying as poor or infirm
consistent with the state Constitution.
(4) The legislative authority of the county shall approve the
aggregate amount of such loans and repayment terms by ordinance and
may, by ordinance, delegate to staff to approve individual loans
consistent with the terms set forth in the ordinance. The county and
the property owner shall enter into a loan agreement setting forth the
terms of the loan, which agreement may provide for acceleration in the
event a loan installment is delinquent. In order to secure loans, the
county must have a statutory lien on the property on which conservation
improvements so financed are installed or constructed. The lien is
paramount and superior to any other lien or encumbrance theretofore or
thereafter created, except a lien for general taxes and special
assessment district assessments. The loan is a lien upon property from
the time the loan agreement is executed. If the legislative authority
of the county has acted in good faith and without fraud in granting a
loan, the loan is valid and enforceable as such and the lien upon the
property is valid.
(5) The county may foreclose a lien in an action in the superior
court. All or any of the tracts subject to such a lien may be
proceeded against in a single action, and all parties appearing of
record as owning or claiming to own or having an interest in or lien
upon the tracts involved must be impleaded in the action as parties
defendant. An action to foreclose a lien must be commenced within two
years after the date the loan first becomes subject to acceleration
under the loan documents. Liens to secure loans may be foreclosed in
the manner provided by RCW 35.67.250, 35.67.260, and 35.67.270.
(6) Loans may be used to secure and repay general obligation or
revenue bonds, notes, or other forms of indebtedness issued by or on
behalf of the city or town. For the purpose of securing the payment of
the principal of and interest on any bonds or notes, the county may
create a reserve fund. The principal amount of any loan may include a
proportionate share of the costs of issuing the bonds, notes, or other
indebtedness, and may include up to an additional ten percent of the
loan amount to fund a reserve fund.
(7) The amendments made to this section by this act apply
prospectively and do not affect the validity of any loan issued under
this section prior to the effective date of this section.
Sec. 113 RCW 70.164.020 and 1995 c 399 s 199 are each amended to
read as follows:
((Unless the context clearly requires otherwise,)) The definitions
in this section apply throughout this chapter unless the context
clearly requires otherwise.
(1) "Department" means the department of community, trade, and
economic development.
(2) "Energy ((assessment)) audit" means an analysis of a dwelling
unit to determine the need for cost-effective energy conservation
measures as determined by the department.
(3) "Household" means an individual or group of individuals living
in a dwelling unit as defined by the department.
(4) "Low income" means household income ((that is at or below one
hundred twenty-five percent of the federally established poverty
level)) as defined by the department.
(5) "Nonutility sponsor" means any sponsor other than a public
service company, municipality, public utility district, mutual or
cooperative, furnishing gas or electricity used to heat low-income
residences.
(6) "Residence" means a dwelling unit as defined by the department.
(7) "Sponsor" means any entity that submits a proposal under RCW
70.164.040, including but not limited to any local community action
agency, tribal nation, community service agency, or any other
participating agency or any public service company, municipality,
public utility district, mutual or cooperative, or any combination of
such entities that jointly submits a proposal.
(8) "Sponsor match" means the share((, if any,)) of the cost of
weatherization to be paid by the sponsor.
(9) "Sustainable residential weatherization" or "weatherization"
means ((materials or measures, and their installation, that are used to
improve the thermal efficiency of a residence)) using funds
administered by the department to preserve a dwelling unit occupied by
a low-income household for activities and materials that result in
energy and resource conservation and energy efficiency improvements;
repair, indoor air quality, and health and safety investments; and
client education. To the extent feasible, funds must be used to
support and advance sustainable technologies.
(10) "Weatherizing agency" means any approved department grantee,
tribal nation, or any public service company, municipality, public
utility district, mutual or cooperative, or other entity that bears the
responsibility for ensuring the performance of weatherization of
residences under this chapter and has been approved by the department.
Sec. 114 RCW 70.164.040 and 1987 c 36 s 4 are each amended to
read as follows:
(1) The department shall solicit proposals for low-income
weatherization programs from potential sponsors. A proposal shall
state the amount of the sponsor match, the amount requested ((from the
low-income weatherization assistance account)), the name of the
weatherizing agency, and any other information required by the
department.
(2)(a) A sponsor may use its own moneys, including corporate or
ratepayer moneys, or moneys provided by landlords, charitable groups,
government programs, the Bonneville Power Administration, or other
sources to pay the sponsor match.
(b) Moneys provided by a sponsor pursuant to requirements in this
section shall be in addition to and shall not supplant any funding for
low-income weatherization that would otherwise have been provided by
the sponsor or any other entity enumerated in (a) of this subsection.
(c) No proposal may require any contribution as a condition of
weatherization from any household whose residence is weatherized under
the proposal.
(d) Proposals shall provide that full levels of all cost-effective,
structurally feasible, sustainable residential weatherization
materials, measures, and practices, as determined by the department,
shall be installed when a low-income residence is weatherized.
(3)(a) The department may in its discretion accept, accept in part,
or reject proposals submitted. The department shall allocate funds
appropriated from the low-income weatherization assistance account
among proposals accepted or accepted in part so as to:
(i) Achieve the greatest possible expected monetary and energy
savings by low-income households and other energy consumers ((and))
over the longest period of time;
(ii) Identify and correct, to the extent practical, health and
safety problems for residents of low-income households; and
(iii) Leverage, to the extent feasible, environmentally friendly
sustainable technologies, practices, and designs.
(b) The department shall, to the extent feasible, ensure a balance
of participation in proportion to population among low-income
households for: (((a))) (i) Geographic regions in the state; (((b)))
(ii) types of fuel used for heating, except that the department shall
encourage the use of energy efficient sustainable technologies; (((c)))
(iii) owner-occupied and rental residences; and (((d))) (iv) single-family and multifamily dwellings.
(c) The department may allocate funds to a nonutility sponsor
without requiring a sponsor match if the department determines that
such an allocation is necessary to provide the greatest benefits to
low-income residents of the state.
(4)(a) A sponsor may elect to: (i) Pay a sponsor match as a lump
sum at the time of weatherization, or (ii) make yearly payments to the
low-income weatherization assistance account over a period not to
exceed ten years. If a sponsor elects to make yearly payments, the
value of the payments shall not be less than the value of the lump sum
payment that would have been made under (a)(i) of this subsection.
(b) The department may permit a sponsor to meet its match
requirement in whole or in part through providing labor, materials, or
other in-kind expenditures.
(5) The department shall adopt rules to carry out this section.
Sec. 115 RCW 70.164.050 and 1987 c 36 s 5 are each amended to
read as follows:
(1) The department is responsible for ensuring that sponsors and
weatherizing agencies comply with the state laws, the department's
rules, and the sponsor's proposal in carrying out proposals.
(2) Before a residence is weatherized, the department shall require
that an energy ((assessment)) audit be conducted.
Sec. 116 RCW 70.164.060 and 1987 c 36 s 6 are each amended to
read as follows:
Before a leased or rented residence is weatherized, written
permission shall be obtained from the owner of the residence for the
weatherization. The department shall adopt rules to ensure that: (1)
The benefits of weatherization assistance ((in connection with a leased
or rented residence)), including utility bill reduction, and
preservation of affordable housing stock, accrue primarily to low-income tenants occupying a leased or rented residence; (2) as a result
of weatherization provided under this chapter, the rent on the
residence is not increased and the tenant is not evicted; and (3) as a
result of weatherization provided under this chapter, no undue or
excessive enhancement occurs in the value of the residence. This
section is in the public interest and any violation by a landlord of
the rules adopted under this section shall be an act in trade or
commerce violating chapter 19.86 RCW, the consumer protection act.
NEW SECTION. Sec. 117 Sections 102, 103, and 105 through 108 of
this act are each added to chapter
Sec. 201 RCW 36.70A.108 and 2005 c 328 s 1 are each amended to
read as follows:
(1) The transportation element required by RCW 36.70A.070 may
include, in addition to improvements or strategies to accommodate the
impacts of development authorized under RCW 36.70A.070(6)(b),
multimodal transportation improvements or strategies that are made
concurrent with the development. These transportation improvements or
strategies may include, but are not limited to, measures implementing
or evaluating:
(a) Multiple modes of transportation with peak and nonpeak hour
capacity performance standards for locally owned transportation
facilities; ((and))
(b) Modal performance standards meeting the peak and nonpeak hour
capacity performance standards; and
(c) Transit-oriented development or other compact development
strategies. For purposes of this subsection (1)(c) the following
definitions apply:
(i) "Compact development" means an area designated for mixed-use,
higher density development patterns that encourage walking, bicycling,
and plans for a multimodal network that may include transit services
and facilities; and
(ii) "Transit-oriented development" means a type of compact
development that provides compact, walkable communities with densities
that support transit service and have convenient access to transit
systems with frequent peak travel period service.
(2) The transportation element required by RCW 36.70A.070 must
include, in addition to improvements or strategies to accommodate the
impacts of development authorized under RCW 36.70A.070(6)(b), a plan to
promote compact and transit-oriented development as provided in section
202 of this act.
(3) Nothing in this section or RCW 36.70A.070(6)(b) shall be
construed as prohibiting a county or city planning under RCW 36.70A.040
from exercising existing authority to develop multimodal improvements
or strategies to satisfy the concurrency requirements of this chapter.
(((3))) (4) Nothing in this section is intended to affect or
otherwise modify the authority of jurisdictions planning under RCW
36.70A.040.
NEW SECTION. Sec. 202 A new section is added to chapter 36.70A
RCW to read as follows:
(1) In order to satisfy the transportation element requirements of
RCW 36.70A.070 and the requirement to promote compact and transit-oriented development in RCW 36.70A.108, the applicable city or county
must satisfy the criteria of compact and transit-oriented development
outlined in this section.
(2) A satisfactory compact and transit-oriented development plan
must include at least the following features:
(a) Street facilities for walking and bicycling, such as sidewalks
and bike lanes;
(b) High employment and residential densities, no less than eight
units per acre, sited within a ten minute walking circle around the
center of the compact and transit-oriented development, which has, or
is planned to have, a transit station or transit access;
(c) Transit access and transit facilities designed with transit
headways of fifteen minutes or less;
(d) Street connectivity and traffic calming features designed to
control vehicle speeds, including average block perimeters of no
greater than one thousand three hundred fifty feet;
(e) Mixed-use development that includes retail, commercial, office,
and residential, with different types and affordability levels, in a
design that encourages walking or biking;
(f) Parking management efforts designed to reduce the land devoted
to parking and that charges full market rates for parking privileges;
(g) Plans to provide subsidized housing within the compact and
transit-oriented development for low-income residents who are displaced
during the transition to compact and transit-oriented development;
(h) Facilitation of bike and car-sharing programs;
(i) Building, street, and amenity designs that encourage biking and
walking; and
(j) When appropriate, the identification of urban brownfields that
may be utilized as a component of a compact and transit-oriented
development.
Sec. 203 RCW 36.70A.030 and 2005 c 423 s 2 are each amended to
read as follows:
((Unless the context clearly requires otherwise,)) The definitions
in this section apply throughout this chapter unless the context
clearly requires otherwise.
(1) "Adopt a comprehensive land use plan" means to enact a new
comprehensive land use plan or to update an existing comprehensive land
use plan.
(2) "Agricultural land" means land primarily devoted to the
commercial production of horticultural, viticultural, floricultural,
dairy, apiary, vegetable, or animal products or of berries, grain, hay,
straw, turf, seed, Christmas trees not subject to the excise tax
imposed by RCW 84.33.100 through 84.33.140, finfish in upland
hatcheries, or livestock, and that has long-term commercial
significance for agricultural production.
(3) "City" means any city or town, including a code city.
(4) "Comprehensive land use plan," "comprehensive plan," or "plan"
means a generalized coordinated land use policy statement of the
governing body of a county or city that is adopted pursuant to this
chapter.
(5) "Critical areas" include the following areas and ecosystems:
(a) Wetlands; (b) areas with a critical recharging effect on aquifers
used for potable water; (c) fish and wildlife habitat conservation
areas; (d) frequently flooded areas; and (e) geologically hazardous
areas.
(6) "Department" means the department of community, trade, and
economic development.
(7) "Development regulations" or "regulation" means the controls
placed on development or land use activities by a county or city,
including, but not limited to, zoning ordinances, critical areas
ordinances, shoreline master programs, official controls, planned unit
development ordinances, subdivision ordinances, and binding site plan
ordinances together with any amendments thereto. A development
regulation does not include a decision to approve a project permit
application, as defined in RCW 36.70B.020, even though the decision may
be expressed in a resolution or ordinance of the legislative body of
the county or city.
(8) "Forest land" means land primarily devoted to growing trees for
long-term commercial timber production on land that can be economically
and practically managed for such production, including Christmas trees
subject to the excise tax imposed under RCW 84.33.100 through
84.33.140, and that has long-term commercial significance. In
determining whether forest land is primarily devoted to growing trees
for long-term commercial timber production on land that can be
economically and practically managed for such production, the following
factors shall be considered: (a) The proximity of the land to urban,
suburban, and rural settlements; (b) surrounding parcel size and the
compatibility and intensity of adjacent and nearby land uses; (c) long-term local economic conditions that affect the ability to manage for
timber production; and (d) the availability of public facilities and
services conducive to conversion of forest land to other uses.
(9) "Geologically hazardous areas" means areas that because of
their susceptibility to erosion, sliding, earthquake, or other
geological events, are not suited to the siting of commercial,
residential, or industrial development consistent with public health or
safety concerns.
(10) "Headway" means the time between two vehicles passing the same
point traveling in the same direction on a given route.
(11) "Long-term commercial significance" includes the growing
capacity, productivity, and soil composition of the land for long-term
commercial production, in consideration with the land's proximity to
population areas, and the possibility of more intense uses of the land.
(((11))) (12) "Minerals" include gravel, sand, and valuable
metallic substances.
(((12))) (13) "Public facilities" include streets, roads, highways,
sidewalks, street and road lighting systems, traffic signals, domestic
water systems, storm and sanitary sewer systems, parks and recreational
facilities, and schools.
(((13))) (14) "Public services" include fire protection and
suppression, law enforcement, public health, education, recreation,
environmental protection, and other governmental services.
(((14))) (15) "Recreational land" means land so designated under
RCW 36.70A.1701 and that, immediately prior to this designation, was
designated as agricultural land of long-term commercial significance
under RCW 36.70A.170. Recreational land must have playing fields and
supporting facilities existing before July 1, 2004, for sports played
on grass playing fields.
(((15))) (16) "Rural character" refers to the patterns of land use
and development established by a county in the rural element of its
comprehensive plan:
(a) In which open space, the natural landscape, and vegetation
predominate over the built environment;
(b) That foster traditional rural lifestyles, rural-based
economies, and opportunities to both live and work in rural areas;
(c) That provide visual landscapes that are traditionally found in
rural areas and communities;
(d) That are compatible with the use of the land by wildlife and
for fish and wildlife habitat;
(e) That reduce the inappropriate conversion of undeveloped land
into sprawling, low-density development;
(f) That generally do not require the extension of urban
governmental services; and
(g) That are consistent with the protection of natural surface
water flows and groundwater and surface water recharge and discharge
areas.
(((16))) (17) "Rural development" refers to development outside the
urban growth area and outside agricultural, forest, and mineral
resource lands designated pursuant to RCW 36.70A.170. Rural
development can consist of a variety of uses and residential densities,
including clustered residential development, at levels that are
consistent with the preservation of rural character and the
requirements of the rural element. Rural development does not refer to
agriculture or forestry activities that may be conducted in rural
areas.
(((17))) (18) "Rural governmental services" or "rural services"
include those public services and public facilities historically and
typically delivered at an intensity usually found in rural areas, and
may include domestic water systems, fire and police protection
services, transportation and public transit services, and other public
utilities associated with rural development and normally not associated
with urban areas. Rural services do not include storm or sanitary
sewers, except as otherwise authorized by RCW 36.70A.110(4).
(((18))) (19) "Urban growth" refers to growth that makes intensive
use of land for the location of buildings, structures, and impermeable
surfaces to such a degree as to be incompatible with the primary use of
land for the production of food, other agricultural products, or fiber,
or the extraction of mineral resources, rural uses, rural development,
and natural resource lands designated pursuant to RCW 36.70A.170. A
pattern of more intensive rural development, as provided in RCW
36.70A.070(5)(d), is not urban growth. When allowed to spread over
wide areas, urban growth typically requires urban governmental
services. "Characterized by urban growth" refers to land having urban
growth located on it, or to land located in relationship to an area
with urban growth on it as to be appropriate for urban growth.
(((19))) (20) "Urban growth areas" means those areas designated by
a county pursuant to RCW 36.70A.110.
(((20))) (21) "Urban governmental services" or "urban services"
include those public services and public facilities at an intensity
historically and typically provided in cities, specifically including
storm and sanitary sewer systems, domestic water systems, street
cleaning services, fire and police protection services, public transit
services, and other public utilities associated with urban areas and
normally not associated with rural areas.
(((21))) (22) "Wetland" or "wetlands" means areas that are
inundated or saturated by surface water or groundwater at a frequency
and duration sufficient to support, and that under normal circumstances
do support, a prevalence of vegetation typically adapted for life in
saturated soil conditions. Wetlands generally include swamps, marshes,
bogs, and similar areas. Wetlands do not include those artificial
wetlands intentionally created from nonwetland sites, including, but
not limited to, irrigation and drainage ditches, grass-lined swales,
canals, detention facilities, wastewater treatment facilities, farm
ponds, and landscape amenities, or those wetlands created after July 1,
1990, that were unintentionally created as a result of the construction
of a road, street, or highway. Wetlands may include those artificial
wetlands intentionally created from nonwetland areas created to
mitigate conversion of wetlands.
NEW SECTION. Sec. 204 A new section is added to chapter 36.70A
RCW to read as follows:
The department shall have the responsibility to clarify land
aggregation tools and concurrency options for use in compact and
transit-oriented developments outlined in section 202 of this act. The
department shall also offer resources that support community
discussions regarding the role of compact and transit-oriented
developments in sustainable communities.
Sec. 205 RCW 84.14.010 and 2007 c 430 s 3 and 2007 c 185 s 1 are
each reenacted and amended to read as follows:
((Unless the context clearly requires otherwise,)) The definitions
in this section apply throughout this chapter unless the context
clearly requires otherwise.
(1) "Campus facilities master plan" means the area that is defined
by the University of Washington as necessary for the future growth and
development of its campus facilities for branch campuses authorized
under RCW 28B.45.020.
(2) "City" means either (a) a city or town with a population of at
least fifteen thousand, (b) the largest city or town, if there is no
city or town with a population of at least fifteen thousand, located in
a county planning under the growth management act, or (c) a city or
town with a population of at least five thousand located in a county
subject to the provisions of RCW 36.70A.215, or, only when relating to
compact and transit-oriented development, a city or town of any size.
(3) "Affordable housing" means residential housing that is rented
by a person or household whose monthly housing costs, including
utilities other than telephone, do not exceed thirty percent of the
household's monthly income. For the purposes of housing intended for
owner occupancy, "affordable housing" means residential housing that is
within the means of low or moderate-income households.
(4) "Compact and transit-oriented development" means a land use
development that satisfies the criteria provided in section 202 of this
act.
(5) "Household" means a single person, family, or unrelated persons
living together.
(((5))) (6) "Low-income household" means a single person, family,
or unrelated persons living together whose adjusted income is at or
below eighty percent of the median family income adjusted for family
size, for the county where the project is located, as reported by the
United States department of housing and urban development. For cities
located in high-cost areas, "low-income household" means a household
that has an income at or below one hundred percent of the median family
income adjusted for family size, for the county where the project is
located.
(((6))) (7) "Moderate-income household" means a single person,
family, or unrelated persons living together whose adjusted income is
more than eighty percent but is at or below one hundred fifteen percent
of the median family income adjusted for family size, for the county
where the project is located, as reported by the United States
department of housing and urban development. For cities located in
high-cost areas, "moderate-income household" means a household that has
an income that is more than one hundred percent, but at or below one
hundred fifty percent, of the median family income adjusted for family
size, for the county where the project is located.
(((7))) (8) "High cost area" means a county where the third quarter
median house price for the previous year as reported by the Washington
center for real estate research at Washington State University is equal
to or greater than one hundred thirty percent of the statewide median
house price published during the same time period.
(((8))) (9) "Governing authority" means the local legislative
authority of a city having jurisdiction over the property for which an
exemption may be applied for under this chapter.
(((9))) (10) "Growth management act" means chapter 36.70A RCW.
(((10))) (11) "Multiple-unit housing" means a building having four
or more dwelling units not designed or used as transient accommodations
and not including hotels and motels. Multifamily units may result from
new construction or rehabilitated or conversion of vacant,
underutilized, or substandard buildings to multifamily housing.
(((11))) (12) "Owner" means the property owner of record.
(((12))) (13) "Permanent residential occupancy" means multiunit
housing that provides either rental or owner occupancy on a
nontransient basis. This includes owner-occupied or rental
accommodation that is leased for a period of at least one month. This
excludes hotels and motels that predominately offer rental
accommodation on a daily or weekly basis.
(((13))) (14) "Rehabilitation improvements" means modifications to
existing structures, that are vacant for twelve months or longer, that
are made to achieve a condition of substantial compliance with existing
building codes or modification to existing occupied structures which
increase the number of multifamily housing units.
(((14))) (15) "Residential targeted area" means an area within an
urban center that has been designated by the governing authority as a
residential targeted area in accordance with this chapter. With
respect to designations after July 1, 2007, "residential targeted area"
may not include a campus facilities master plan.
(((15))) (16) "Substantial compliance" means compliance with local
building or housing code requirements that are typically required for
rehabilitation as opposed to new construction.
(((16))) (17) "Urban center" means a compact identifiable district
where urban residents may obtain a variety of products and services.
An urban center must contain:
(a) Several existing or previous, or both, business establishments
that may include but are not limited to shops, offices, banks,
restaurants, governmental agencies;
(b) Adequate public facilities including streets, sidewalks,
lighting, transit, domestic water, and sanitary sewer systems; and
(c) A mixture of uses and activities that may include housing,
recreation, and cultural activities in association with either
commercial or office, or both, use.
Sec. 206 RCW 84.14.020 and 2007 c 430 s 4 are each amended to
read as follows:
(1)(a) The value of new housing construction, conversion, and
rehabilitation improvements qualifying under this chapter is exempt
from ad valorem property taxation, as follows:
(i) For properties for which applications for certificates of tax
exemption eligibility are submitted under this chapter ((84.14 RCW))
before July 22, 2007, the value is exempt for ten successive years
beginning January 1st of the year immediately following the calendar
year of issuance of the certificate; and
(ii) For properties for which applications for certificates of tax
exemption eligibility are submitted under this chapter ((84.14 RCW)) on
or after July 22, 2007, the value is exempt:
(A) For eight successive years beginning January 1st of the year
immediately following the calendar year of issuance of the certificate;
or
(B) For twelve successive years beginning January 1st of the year
immediately following the calendar year of issuance of the certificate,
if the property otherwise qualifies for the exemption under this
chapter ((84.14 RCW)) and meets the conditions in this subsection
(1)(a)(ii)(B). For the property to qualify for the twelve-year
exemption under this subsection, the applicant must commit to building
a compact and transit-oriented development or renting or selling at
least twenty percent of the multifamily housing units as affordable
housing units to low and moderate-income households, and the property
must satisfy that commitment and any additional affordability and
income eligibility conditions adopted by the local government under
this chapter. In the case of projects intended exclusively for owner
occupancy, the minimum requirement of this subsection (1)(a)(ii)(B) may
be satisfied solely through housing affordable to moderate-income
households.
(b) The exemptions provided in (a)(i) and (ii) of this subsection
do not include the value of land or, except for compact and transit-oriented development, nonhousing-related improvements not qualifying
under this chapter.
(2) When a local government adopts guidelines pursuant to RCW
84.14.030(2) and includes conditions that must be satisfied with
respect to individual dwelling units, rather than with respect to the
multiple-unit housing as a whole or some minimum portion thereof, the
exemption may, at the local government's discretion, be limited to the
value of the qualifying improvements allocable to those dwelling units
that meet the local guidelines.
(3) In the case of rehabilitation of existing buildings, the
exemption does not include the value of improvements constructed prior
to the submission of the application required under this chapter. The
incentive provided by this chapter is in addition to any other
incentives, tax credits, grants, or other incentives provided by law.
(4) This chapter does not apply to increases in assessed valuation
made by the assessor on nonqualifying portions of building and value of
land nor to increases made by lawful order of a county board of
equalization, the department of revenue, or a county, to a class of
property throughout the county or specific area of the county to
achieve the uniformity of assessment or appraisal required by law.
(5) At the conclusion of the exemption period, the new or
rehabilitated housing cost shall be considered as new construction for
the purposes of chapter 84.55 RCW.
Sec. 207 RCW 84.14.100 and 2007 c 430 s 10 are each amended to
read as follows:
(1) Thirty days after the anniversary of the date of the
certificate of tax exemption and each year for the tax exemption
period, the owner of the rehabilitated or newly constructed property
shall file with a designated authorized representative of the city an
annual report indicating the following:
(a) A statement of occupancy and vacancy of the rehabilitated or
newly constructed property during the twelve months ending with the
anniversary date;
(b) A certification by the owner that the property has not changed
use and, if applicable, that the property has been in compliance with
the affordable housing requirements as described in RCW 84.14.020 since
the date of the certificate approved by the city;
(c) A description of changes or improvements constructed after
issuance of the certificate of tax exemption; and
(d) Any additional information requested by the city in regards to
the units receiving a tax exemption.
(2) All cities, which issue certificates of tax exemption for
multiunit housing or compact and transit-oriented development that
conform to the requirements of this chapter, shall report annually by
December 31st of each year, beginning in 2007, to the department of
community, trade, and economic development. The report must include
the following information, when applicable:
(a) The number of tax exemption certificates granted;
(b) The total number and type of units produced or to be produced;
(c) The number and type of units produced or to be produced meeting
affordable housing requirements;
(d) The actual development cost of each unit produced;
(e) The total monthly rent or total sale amount of each unit
produced;
(f) The income of each renter household at the time of initial
occupancy and the income of each initial purchaser of owner-occupied
units at the time of purchase for each of the units receiving a tax
exemption and a summary of these figures for the city; and
(g) The value of the tax exemption for each project receiving a tax
exemption and the total value of tax exemptions granted.
NEW SECTION. Sec. 208 A new section is added to chapter 47.01
RCW to read as follows:
Unless otherwise constricted by a more specific state or federal
law, the department shall give priority consideration to any applicant
or project that forwards the criteria of compact and transit-oriented
development provided in section 202 of this act in any grant program or
other program that directs or permits the department to provide funding
to local governments.
Sec. 209 RCW 47.66.030 and 2005 c 318 s 4 are each amended to
read as follows:
(1) The department shall establish a regional mobility grant
program. The purpose of the grant program is to aid local governments
in funding projects such as intercounty connectivity service, park and
ride lots, rush hour transit service, and capital projects that improve
the connectivity and efficiency of our transportation system. The
department shall identify cost-effective projects that reduce delay for
people and goods and improve connectivity between counties and regional
population centers, with a preference given to projects that forward
the criteria of compact and transit-oriented development provided in
section 202 of this act. The department shall submit a prioritized
list of all projects requesting funding to the legislature by December
1st of each year.
(2) The department may establish an advisory committee to carry out
the mandates of this chapter.
(3) The department must report annually to the transportation
committees of the legislature on the status of any grants projects
funded by the program created under this section.
Sec. 210 RCW 36.120.180 and 2002 c 56 s 118 are each amended to
read as follows:
The legislature finds that regional solutions to the state's
transportation needs are of paramount concern. The legislature further
recognizes that different areas of the state will need the flexibility
to fashion local solutions to their transportation problems, and that
regional transportation systems may evolve over time. Areas of the
state outside of King, Snohomish, and Pierce counties are eligible for
grants from the state of no more than two hundred thousand dollars each
to study and develop regional transportation models. Regions receiving
these grants shall:
(1) Develop a model that can be used within their region to select,
fund, and administer regional transportation solutions that include an
element that forwards the criteria of compact and transit-oriented
development provided in section 202 of this act;
(2) Adopt a county resolution approving the model proposed;
(3) Form interlocal agreements among counties as appropriate;
(4) Report to the transportation committees in the senate and house
of representatives, petitioning the legislature to grant them authority
to implement their proposed model.
NEW SECTION. Sec. 211 A new section is added to chapter 43.31
RCW to read as follows:
Unless otherwise constricted by a more specific state or federal
law, the department shall give priority consideration to any applicant
or project that forwards the criteria of compact and transit-oriented
development provided in section 202 of this act in any grant program or
other program that directs or permits the department to provide
funding.
Sec. 212 RCW 43.185A.110 and 2008 c 112 s 1 are each amended to
read as follows:
(1) The affordable housing land acquisition revolving loan fund
program is created in the department to assist eligible organizations,
described under RCW 43.185A.040, to purchase land for affordable
housing development. The department shall contract with the Washington
state housing finance commission to administer the affordable housing
land acquisition revolving loan fund program. Within this program, the
Washington state housing finance commission shall establish and
administer the Washington state housing finance commission land
acquisition revolving loan fund.
(2) As used in this chapter, "market rate" means the current
average market interest rate that is determined at the time any
individual loan is closed upon using a widely recognized current market
interest rate measurement to be selected for use by the Washington
state housing finance commission with the department's approval. This
interest rate must be noted in an attachment to the closing documents
for each loan.
(3) Under the affordable housing land acquisition revolving loan
fund program:
(a) Loans may be made to purchase land on which to develop
affordable housing. In addition to affordable housing, facilities
intended to provide supportive services to affordable housing residents
and low-income households in the nearby community may be developed on
the land.
(b) Eligible organizations applying for a loan must include in the
loan application a proposed affordable housing development plan
indicating the number of affordable housing units planned, a
description of any other facilities being considered for the property,
and an estimated timeline for completion of the development. The
Washington state housing finance commission may require additional
information from loan applicants and may consider the efficient use of
land, project readiness, organizational capacity, and other factors as
criteria in awarding loans.
(c) Forty percent of the loans shall go to eligible applicants
operating homeownership programs for low-income households in which the
households participate in the construction of their homes. Sixty
percent of loans shall go to other eligible organizations. If the
entire forty percent for applicants operating self-help homeownership
programs cannot be lent to these types of applicants, the remainder
shall be lent to other eligible organizations.
(d) Within five years of receiving a loan, a loan recipient must
present the Washington state housing finance commission with an updated
development plan, including a proposed development design, committed
and anticipated additional financial resources to be dedicated to the
development, and an estimated development schedule, which indicates
completion of the development within eight years of loan receipt. This
updated development plan must be substantially consistent with the
development plan submitted as part of the original loan application as
required in (b) of this subsection.
(e) Within eight years of receiving a loan, a loan recipient must
develop affordable housing on the property for which the loan was made
and place the affordable housing into service.
(f) A loan recipient must preserve the affordable rental housing
developed on the property acquired under this section as affordable
housing for a minimum of thirty years.
(4) If a loan recipient does not place affordable housing into
service on a property for which a loan has been received under this
section within the eight-year period specified in subsection (3)(e) of
this section, or if a loan recipient fails to use the property for the
intended affordable housing purpose consistent with the loan
recipient's original affordable housing development plan, then the loan
recipient must pay to the Washington state housing finance commission
an amount consisting of the principal of the original loan plus
compounded interest calculated at the current market rate. The
Washington state housing finance commission shall develop guidelines
for the time period in which this repayment must take place, which must
be noted in the original loan agreement. The Washington state housing
finance commission may grant a partial or total exemption from this
repayment requirement if it determines that a development is
substantially complete or that the property has been substantially used
in keeping with the original affordable housing purpose of the loan.
Any repayment funds received as a result of noncompliance with loan
requirements shall be deposited into the Washington state housing
finance commission land acquisition revolving loan fund for the
purposes of the affordable housing land acquisition revolving loan fund
program.
(5) The Washington state housing finance commission, with approval
from the department, may adopt guidelines and requirements that are
necessary to administer the affordable housing land acquisition
revolving loan fund program. In adopting guidelines, preferences in
awards must be provided to applicants with proposals that forward the
criteria of compact and transit-oriented development provided in
section 202 of this act.
(6) Interest rates on property loans granted under this section may
not exceed one percent. All loan repayment moneys received shall be
deposited into the Washington state housing finance commission
affordable housing land acquisition revolving loan fund for the
purposes of the affordable housing land acquisition revolving loan fund
program.
(7) The Washington state housing finance commission must develop
performance measures for the program, which must be approved by the
department, including, at a minimum, measures related to:
(a) The ability of eligible organizations to access land for
affordable housing development;
(b) The total number of dwelling units by housing type and the
total number of low-income households and persons served; and
(c) The financial efficiency of the program as demonstrated by
factors, including the cost per unit developed for affordable housing
units in different areas of the state and a measure of the effective
use of funds to produce the greatest number of units for low-income
households.
(8) By December 1st of each year, beginning in 2007, the Washington
state housing finance commission shall report to the department and the
appropriate committees of the legislature using, at a minimum, the
performance measures developed under subsection (7) of this section.
Sec. 213 RCW 43.185A.120 and 2008 c 112 s 2 are each amended to
read as follows:
(1) The affordable housing and community facilities rapid response
loan program is created in the department to assist eligible
organizations, described under RCW 43.185A.040, to purchase land or
real property for affordable housing and community facilities
preservation or development in rapidly gentrifying neighborhoods or
communities with a significant low-income population that is threatened
with displacement by such gentrification. The department shall
contract with the Washington state housing finance commission to
establish and administer the program.
(2) Loans or grants may be made through the affordable housing and
community facilities rapid response loan program to purchase land or
real property for the preservation or development of affordable housing
or community facilities, including reasonable costs and fees.
(3) The Washington state housing finance commission, with approval
from the department, may adopt guidelines and requirements that are
necessary to administer the affordable housing and community facilities
rapid response loan program. In adopting guidelines, preferences in
awards must be provided to applicants with proposals that forward the
criteria of compact and transit-oriented development provided in
section 202 of this act.
(4) A loan or grant recipient must preserve affordable rental
housing acquired or developed under this section as affordable housing
for a minimum of thirty years.
(5) Interest rates on loans made under this section may be as low
as zero percent but may not exceed three percent. All loan repayment
moneys received must be deposited into a program account established by
the Washington state housing finance commission for the purpose of
making new loans and grants under this section.
(6) By December 1st of each year, beginning in 2008, the Washington
state housing finance commission shall report to the department and the
appropriate committees of the legislature: The number of loans and
grants that were made in the program; for what purposes the loans and
grants were made; to whom the loans and grants were made; and when the
loans are expected to be paid back.
Sec. 214 RCW 43.185.050 and 2006 c 371 s 236 are each amended to
read as follows:
(1) The department shall use moneys from the housing trust fund and
other legislative appropriations to finance in whole or in part any
loans or grant projects that will provide housing for persons and
families with special housing needs and with incomes at or below fifty
percent of the median family income for the county or standard
metropolitan statistical area where the project is located, with
preferences in awards provided to applicants with proposals that
forward the criteria of compact and transit-oriented development
provided in section 202 of this act. At least thirty percent of these
moneys used in any given funding cycle shall be for the benefit of
projects located in rural areas of the state as defined by the
department. If the department determines that it has not received an
adequate number of suitable applications for rural projects during any
given funding cycle, the department may allocate unused moneys for
projects in nonrural areas of the state.
(2) Activities eligible for assistance from the housing trust fund
and other legislative appropriations include, but are not limited to:
(a) New construction, rehabilitation, or acquisition of low and
very low-income housing units;
(b) Rent subsidies;
(c) Matching funds for social services directly related to
providing housing for special-need tenants in assisted projects;
(d) Technical assistance, design and finance services and
consultation, and administrative costs for eligible nonprofit community
or neighborhood-based organizations;
(e) Administrative costs for housing assistance groups or
organizations when such grant or loan will substantially increase the
recipient's access to housing funds other than those available under
this chapter;
(f) Shelters and related services for the homeless, including
emergency shelters and overnight youth shelters;
(g) Mortgage subsidies, including temporary rental and mortgage
payment subsidies to prevent homelessness;
(h) Mortgage insurance guarantee or payments for eligible projects;
(i) Down payment or closing cost assistance for eligible first-time
home buyers;
(j) Acquisition of housing units for the purpose of preservation as
low-income or very low-income housing;
(k) Projects making housing more accessible to families with
members who have disabilities; and
(l) During the 2005-2007 fiscal biennium, a manufactured/mobile
home landlord-tenant ombudsman conflict resolution and park
registration program.
(3) During the 2005-2007 fiscal biennium, revenues generated under
RCW 36.22.178 may be used for the development of affordable housing
projects and other activities funded in section 108, chapter 371, Laws
of 2006.
(4) Legislative appropriations from capital bond proceeds may be
used only for the costs of projects authorized under subsection (2)(a),
(i), and (j) of this section, and not for the administrative costs of
the department.
(5) Moneys from repayment of loans from appropriations from capital
bond proceeds may be used for all activities necessary for the proper
functioning of the housing assistance program except for activities
authorized under subsection (2)(b) and (c) of this section.
(6) Administrative costs of the department shall not exceed five
percent of the annual funds available for the housing assistance
program.
Sec. 215 RCW 39.92.040 and 1989 c 296 s 1 are each amended to
read as follows:
(1) The program shall describe the formula or method for
calculating the amount of the transportation impact fees to be imposed
on new development within the plan area. The program may require
developers to pay a transportation impact fee for off-site
transportation improvements not yet constructed and for those jointly-funded improvements constructed since the commencement of the program.
The program must assess an additional transportation impact fee on any
development that does not satisfy the criteria of compact and transit-oriented development provided in section 202 of this act.
(2) The program shall define the event in the development approval
process that triggers a determination of the amount of the
transportation impact fees and the event that triggers the obligation
to make actual payment of the fees. However, the payment obligation
shall not commence before the date the developer has obtained a
building permit for the new development or, in the case of residential
subdivisions or short plats, at the time of final plat approval, at the
developer's option. If the developer of a residential subdivision or
short plat elects to pay the fee at the date a building permit has been
obtained, the option to pay the transportation impact fee by
installments as authorized by this section is deemed to have been
waived by the developer. The developer shall be given the option to
pay the transportation impact fee in a lump sum, without interest, or
by installment with reasonable interest over a period of five years or
more as specified by the local government.
(3) The local government shall require security for the obligation
to pay the transportation impact fee, in the form of a recorded
agreement, deed of trust, letter of credit, or other instrument
determined satisfactory by the local government. The developer shall
also be given credit against its obligations for the transportation
impact fee, for the fair market value of off-site land and/or the cost
of constructing off-site transportation improvements dedicated to the
local government. If the value of the dedication exceeds the amount of
transportation impact fee obligation, the developer is entitled to
reimbursement from transportation impact fees attributable to the
dedicated improvements and paid by subsequent developers within the
plan area.
(4) Payment of the transportation impact fee entitles the developer
and its successors and assigns to credit against any other fee, local
improvement district assessment, or other monetary imposition made
specifically for the designated off-site transportation improvements
intended to be covered by the transportation impact fee imposed
pursuant to this program. The program shall also define the criteria
for establishing periodic fee increases attributable to construction
and related cost increases for the improvements designated in the
program.
NEW SECTION. Sec. 216 A new section is added to chapter 39.92
RCW to read as follows:
Any revenue collected under RCW 39.92.040 on development that does
not satisfy the criteria of compact and transit-oriented development
provided in section 202 of this act must be used by the local
government on programs that support the development and enhancement of
compact and transit-oriented developments and multimodal transportation
improvements.
NEW SECTION. Sec. 217 A new section is added to chapter 43.31
RCW to read as follows:
The department shall coordinate with any applicable statewide
associations representing the interests of counties to publicize
opportunities for using public land in urbanized areas for private
development that contributes density, necessary uses, or other factors
that contribute to the successful implementation of the criteria of
compact and transit-oriented developments provided in section 202 of
this act.
NEW SECTION. Sec. 218 (1) By January 31, 2010, the department of
community, trade, and economic development shall coordinate with
applicable local governments to develop model ordinances that outline
housing choices that address both the demands of housing consumers and
that satisfies the density objectives in multiple settings.
(2) By June 30, 2010, the department of community, trade, and
economic development shall coordinate with applicable local governments
to develop educational and technical tools and models demonstrating how
to market developable properties.
Sec. 219 RCW 43.82.010 and 2007 c 506 s 8 are each amended to
read as follows:
(1) The director of general administration, on behalf of the agency
involved and after consultation with the office of financial
management, shall purchase, lease, lease purchase, rent, or otherwise
acquire all real estate, improved or unimproved, as may be required by
elected state officials, institutions, departments, commissions,
boards, and other state agencies, or federal agencies where joint state
and federal activities are undertaken and may grant easements and
transfer, exchange, sell, lease, or sublease all or part of any surplus
real estate for those state agencies which do not otherwise have the
specific authority to dispose of real estate. When possible, property
disposals should be prioritized to further future land uses that
advance increased housing densities, mixed land uses, and the criteria
of compact and transit-oriented development provided in section 202 of
this act. This section does not transfer financial liability for the
acquired property to the department of general administration.
(2) Except for real estate occupied by federal agencies, the
director shall determine the location, size, and design of any real
estate or improvements thereon acquired or held pursuant to subsection
(1) of this section. Facilities acquired or held pursuant to this
chapter, and any improvements thereon, shall conform to standards
adopted by the director and approved by the office of financial
management governing facility efficiency unless a specific exemption
from such standards is provided by the director of general
administration. The director of general administration shall report to
the office of financial management and the appropriate committees of
the legislature annually on any exemptions granted pursuant to this
subsection.
(3) The director of general administration may fix the terms and
conditions of each lease entered into under this chapter, except that
no lease shall extend greater than twenty years in duration. The
director of general administration may enter into a long-term lease
greater than ten years in duration upon a determination by the director
of the office of financial management that the long-term lease provides
a more favorable rate than would otherwise be available, it appears to
a substantial certainty that the facility is necessary for use by the
state for the full length of the lease term, and the facility meets the
standards adopted pursuant to subsection (2) of this section. The
director of general administration may enter into a long-term lease
greater than ten years in duration if an analysis shows that the life-
cycle cost of leasing the facility is less than the life-cycle cost of
purchasing or constructing a facility in lieu of leasing the facility.
(4) Except as permitted under chapter 39.94 RCW, no lease for or on
behalf of any state agency may be used or referred to as collateral or
security for the payment of securities offered for sale through a
public offering. Except as permitted under chapter 39.94 RCW, no lease
for or on behalf of any state agency may be used or referred to as
collateral or security for the payment of securities offered for sale
through a private placement without the prior written approval of the
state treasurer. However, this limitation shall not prevent a lessor
from assigning or encumbering its interest in a lease as security for
the repayment of a promissory note provided that the transaction would
otherwise be an exempt transaction under RCW 21.20.320. The state
treasurer shall adopt rules that establish the criteria under which any
such approval may be granted. In establishing such criteria the state
treasurer shall give primary consideration to the protection of the
state's credit rating and the integrity of the state's debt management
program. If it appears to the state treasurer that any lease has been
used or referred to in violation of this subsection or rules adopted
under this subsection, then he or she may recommend that the governor
cause such lease to be terminated. The department of general
administration shall promptly notify the state treasurer whenever it
may appear to the department that any lease has been used or referred
to in violation of this subsection or rules adopted under this
subsection.
(5) It is the policy of the state to encourage the colocation and
consolidation of state services into single or adjacent facilities,
whenever appropriate, to improve public service delivery, minimize
duplication of facilities, increase efficiency of operations, and
promote sound growth management planning.
(6) The director of general administration shall provide
coordinated long-range planning services to identify and evaluate
opportunities for colocating and consolidating state facilities. Upon
the renewal of any lease, the inception of a new lease, or the purchase
of a facility, the director of general administration shall determine
whether an opportunity exists for colocating the agency or agencies in
a single facility with other agencies located in the same geographic
area. If a colocation opportunity exists, the director of general
administration shall consult with the affected state agencies and the
office of financial management to evaluate the impact colocation would
have on the cost and delivery of agency programs, including whether
program delivery would be enhanced due to the centralization of
services. The director of general administration, in consultation with
the office of financial management, shall develop procedures for
implementing colocation and consolidation of state facilities.
(7) The director of general administration is authorized to
purchase, lease, rent, or otherwise acquire improved or unimproved real
estate as owner or lessee and to lease or sublet all or a part of such
real estate to state or federal agencies. The director of general
administration shall charge each using agency its proportionate rental
which shall include an amount sufficient to pay all costs, including,
but not limited to, those for utilities, janitorial and accounting
services, and sufficient to provide for contingencies; which shall not
exceed five percent of the average annual rental, to meet unforeseen
expenses incident to management of the real estate.
(8) If the director of general administration determines that it is
necessary or advisable to undertake any work, construction, alteration,
repair, or improvement on any real estate acquired pursuant to
subsection (1) or (7) of this section, the director shall cause plans
and specifications thereof and an estimate of the cost of such work to
be made and filed in his or her office and the state agency benefiting
thereby is hereby authorized to pay for such work out of any available
funds: PROVIDED, That the cost of executing such work shall not exceed
the sum of twenty-five thousand dollars. Work, construction,
alteration, repair, or improvement in excess of twenty-five thousand
dollars, other than that done by the owner of the property if other
than the state, shall be performed in accordance with the public works
law of this state.
(9) In order to obtain maximum utilization of space, the director
of general administration shall make space utilization studies, and
shall establish standards for use of space by state agencies. Such
studies shall include the identification of opportunities for
colocation and consolidation of state agency office and support
facilities.
(10) The director of general administration may construct new
buildings on, or improve existing facilities, and furnish and equip,
all real estate under his or her management. Prior to the construction
of new buildings or major improvements to existing facilities or
acquisition of facilities using a lease purchase contract, the director
of general administration shall conduct an evaluation of the facility
design and budget using life-cycle cost analysis, value-engineering,
and other techniques to maximize the long-term effectiveness and
efficiency of the facility or improvement.
(11) All conveyances and contracts to purchase, lease, rent,
transfer, exchange, or sell real estate and to grant and accept
easements shall be approved as to form by the attorney general, signed
by the director of general administration or the director's designee,
and recorded with the county auditor of the county in which the
property is located.
(12) The director of general administration may delegate any or all
of the functions specified in this section to any agency upon such
terms and conditions as the director deems advisable. By January 1st
of each year, beginning January 1, 2008, the department shall submit an
annual report to the office of financial management and the appropriate
committees of the legislature on all delegated leases.
(13) This section does not apply to the acquisition of real estate
by:
(a) The state college and universities for research or experimental
purposes;
(b) The state liquor control board for liquor stores and
warehouses; and
(c) The department of natural resources, the department of fish and
wildlife, the department of transportation, and the state parks and
recreation commission for purposes other than the leasing of offices,
warehouses, and real estate for similar purposes.
(14) Notwithstanding any provision in this chapter to the contrary,
the department of general administration may negotiate ground leases
for public lands on which property is to be acquired under a financing
contract pursuant to chapter 39.94 RCW under terms approved by the
state finance committee.
(15) The department of general administration shall report annually
to the office of financial management and the appropriate fiscal
committees of the legislature on facility leases executed for all state
agencies for the preceding year, lease terms, and annual lease costs.
The report must include leases executed under RCW 43.82.045 and
subsection (12) of this section.
Sec. 220 RCW 39.33.010 and 2003 c 303 s 1 are each amended to
read as follows:
(1) The state or any municipality or any political subdivision
((thereof)) of the state, may sell, transfer, exchange, lease, or
otherwise dispose of any property, real or personal, or property
rights, including but not limited to the title to real property, to the
state or any municipality or any political subdivision ((thereof)) of
the state, or the federal government, on such terms and conditions as
may be mutually agreed upon by the proper authorities of the state
and/or the subdivisions concerned. In addition, the state, or any
municipality or any political subdivision ((thereof)) of the state, may
sell, transfer, exchange, lease, or otherwise dispose of personal
property, except weapons, to a foreign entity.
(2) This section shall be deemed to provide an alternative method
for the doing of the things authorized herein, and shall not be
construed as imposing any additional condition upon the exercise of any
other powers vested in the state, municipalities or political
subdivisions.
(3) No intergovernmental transfer, lease, or other disposition of
property made pursuant to any other provision of law prior to May 23,
1972, shall be construed to be invalid solely because the parties
thereto did not comply with the procedures of this section.
(4) When possible, intergovernmental transfers should be
prioritized to further future land uses that advance increased housing
densities, mixed land uses, and the criteria of compact and transit-oriented development provided in section 202 of this act.
Sec. 221 RCW 47.12.063 and 2006 c 17 s 2 are each amended to read
as follows:
(1) It is the intent of the legislature to continue the
department's policy giving priority consideration to abutting property
owners in agricultural areas when disposing of property through its
surplus property program under this section. In addition, when
possible, property disposals should be prioritized to further future
land uses that advance increased housing densities, mixed land uses,
and the criteria of compact and transit-oriented development provided
in section 202 of this act.
(2) Whenever the department determines that any real property owned
by the state of Washington and under the jurisdiction of the department
is no longer required for transportation purposes and that it is in the
public interest to do so, the department may sell the property or
exchange it in full or part consideration for land or improvements or
for construction of improvements at fair market value to any of the
following governmental entities or persons:
(a) Any other state agency;
(b) The city or county in which the property is situated;
(c) Any other municipal corporation;
(d) Regional transit authorities created under chapter 81.112 RCW;
(e) The former owner of the property from whom the state acquired
title;
(f) In the case of residentially improved property, a tenant of the
department who has resided thereon for not less than six months and who
is not delinquent in paying rent to the state;
(g) Any abutting private owner but only after each other abutting
private owner (if any), as shown in the records of the county assessor,
is notified in writing of the proposed sale. If more than one abutting
private owner requests in writing the right to purchase the property
within fifteen days after receiving notice of the proposed sale, the
property shall be sold at public auction in the manner provided in RCW
47.12.283;
(h) To any person through the solicitation of written bids through
public advertising in the manner prescribed by RCW 47.28.050;
(i) To any other owner of real property required for transportation
purposes;
(j) In the case of property suitable for residential use, any
nonprofit organization dedicated to providing affordable housing to
very low-income, low-income, and moderate-income households as defined
in RCW 43.63A.510 and is eligible to receive assistance through the
Washington housing trust fund created in chapter 43.185 RCW; or
(k) A federally recognized Indian tribe within whose reservation
boundary the property is located.
(3) Sales to purchasers may at the department's option be for cash,
by real estate contract, or exchange of land or improvements.
Transactions involving the construction of improvements must be
conducted pursuant to chapter 47.28 RCW or Title 39 RCW, as applicable,
and must comply with all other applicable laws and rules.
(4) Conveyances made pursuant to this section shall be by deed
executed by the secretary of transportation and shall be duly
acknowledged.
(5) Unless otherwise provided, all moneys received pursuant to the
provisions of this section less any real estate broker commissions paid
pursuant to RCW 47.12.320 shall be deposited in the motor vehicle fund.
Sec. 222 RCW 53.08.090 and 1994 c 26 s 1 are each amended to read
as follows:
(1) A port commission may, by resolution, authorize the managing
official of a port district to sell and convey port district property
of ten thousand dollars or less in value. The authority shall be in
force for not more than one calendar year from the date of resolution
and may be renewed from year to year. Prior to any such sale or
conveyance the managing official shall itemize and list the property to
be sold and make written certification to the commission that the
listed property is no longer needed for district purposes. Any large
block of the property having a value in excess of ten thousand dollars
shall not be broken down into components of ten thousand dollars or
less value and sold in the smaller components unless the smaller
components be sold by public competitive bid. A port district may sell
and convey any of its real or personal property valued at more than ten
thousand dollars when the port commission has, by resolution, declared
the property to be no longer needed for district purposes, but no
property which is a part of the comprehensive plan of improvement or
modification thereof shall be disposed of until the comprehensive plan
has been modified to find the property surplus to port needs. The
comprehensive plan shall be modified only after public notice and
hearing provided by RCW 53.20.010.
(2) Nothing in this section shall be deemed to repeal or modify
procedures for property sales within industrial development districts
as set forth in chapter 53.25 RCW.
(((2))) (3) When possible, property disposals should be prioritized
to further future land uses that advance increased housing densities,
mixed land uses, and the criteria of compact and transit-oriented
development provided in section 202 of this act.
(4) The ten thousand dollar figures in subsection (1) of this
section shall be adjusted annually based upon the governmental price
index established by the department of revenue under RCW 82.14.200.
Sec. 223 RCW 70.44.300 and 1997 c 332 s 17 are each amended to
read as follows:
(1) The board of commissioners of any public hospital district may
sell and convey at public or private sale real property of the district
if the board determines by resolution that the property is no longer
required for public hospital district purposes or determines by
resolution that the sale of the property will further the purposes of
the public hospital district. When possible, property disposals should
be prioritized to further future land uses that advance increased
housing densities, mixed land uses, and the criteria of compact and
transit-oriented development provided in section 202 of this act.
(2) Any sale of district real property authorized pursuant to this
section shall be preceded, not more than one year prior to the date of
sale, by market value appraisals by three licensed real estate brokers
or professionally designated real estate appraisers as defined in RCW
74.46.020 or three independent experts in valuing health care property,
selected by the board of commissioners, and no sale shall take place if
the sale price would be less than ninety percent of the average of such
appraisals.
(3) When the board of commissioners of any public hospital district
proposes a sale of district real property pursuant to this section and
the value of the property exceeds one hundred thousand dollars, the
board shall publish a notice of its intention to sell the property.
The notice shall be published at least once each week during two
consecutive weeks in a legal newspaper of general circulation within
the public hospital district. The notice shall describe the property
to be sold and designate the place where and the day and hour when a
hearing will be held. The board shall hold a public hearing upon the
proposal to dispose of the public hospital district property at the
place and the day and hour fixed in the notice and consider evidence
offered for and against the propriety and advisability of the proposed
sale.
(4) If in the judgment of the board of commissioners of any
district the sale of any district real property not needed for public
hospital district purposes would be facilitated and greater value
realized through use of the services of licensed real estate brokers,
a contract for such services may be negotiated and concluded. The fee
or commissions charged for any broker service shall not exceed seven
percent of the resulting sale price for a single parcel. No licensed
real estate broker or professionally designated real estate appraisers
as defined in RCW 74.46.020 or independent expert in valuing health
care property selected by the board to appraise the market value of a
parcel of property to be sold may be a party to any contract with the
public hospital district to sell such property for a period of three
years after the appraisal.
Sec. 224 RCW 28A.335.120 and 2006 c 263 s 913 are each amended to
read as follows:
(1) The board of directors of any school district of this state
may:
(a) Sell for cash, at public or private sale, and convey by deed
all interest of the district in or to any of the real property of the
district which is no longer required for school purposes; and
(b) Purchase real property for the purpose of locating thereon and
affixing thereto any house or houses and appurtenant buildings removed
from school sites owned by the district and sell for cash, at public or
private sale, and convey by deed all interest of the district in or to
such acquired and improved real property.
(2) When the board of directors of any school district proposes a
sale of school district real property pursuant to this section and the
value of the property exceeds seventy thousand dollars, the board shall
publish a notice of its intention to sell the property. The notice
shall be published at least once each week during two consecutive weeks
in a legal newspaper with a general circulation in the area in which
the school district is located. The notice shall describe the property
to be sold and designate the place where and the day and hour when a
hearing will be held. The board shall hold a public hearing upon the
proposal to dispose of the school district property at the place and
the day and hour fixed in the notice and admit evidence offered for and
against the propriety and advisability of the proposed sale.
(3) The board of directors of any school district desiring to sell
surplus real property shall publish a notice in a newspaper of general
circulation in the school district. School districts shall not sell
the property for at least forty-five days following the publication of
the newspaper notice.
(4) Private schools shall have the same rights as any other person
or entity to submit bids for the purchase of surplus real property and
to have such bids considered along with all other bids.
(5) Any sale of school district real property authorized pursuant
to this section shall be preceded by a market value appraisal by a
professionally designated real estate appraiser as defined in RCW
74.46.020 or a general real estate appraiser certified under chapter
18.140 RCW selected by the board of directors and no sale shall take
place if the sale price would be less than ninety percent of the
appraisal made by the real estate appraiser: PROVIDED, That if the
property has been on the market for one year or more the property may
be reappraised and sold for not less than seventy-five percent of the
reappraised value with the unanimous consent of the board.
(6) If in the judgment of the board of directors of any district
the sale of real property of the district not needed for school
purposes would be facilitated and greater value realized through use of
the services of licensed real estate brokers, a contract for such
services may be negotiated and concluded: PROVIDED, That the use of a
licensed real estate broker will not eliminate the obligation of the
board of directors to provide the notice described in this section:
PROVIDED FURTHER, That the fee or commissions charged for any broker
services shall not exceed seven percent of the resulting sale value for
a single parcel: PROVIDED FURTHER, That any professionally designated
real estate appraiser as defined in RCW 74.46.020 or a general real
estate appraiser certified under chapter 18.140 RCW selected by the
board to appraise the market value of a parcel of property to be sold
may not be a party to any contract with the school district to sell
such parcel of property for a period of three years after the
appraisal.
(7) If in the judgment of the board of directors of any district
the sale of real property of the district not needed for school
purposes would be facilitated and greater value realized through sale
on contract terms, a real estate sales contract may be executed between
the district and buyer.
(8) When possible, property disposals should be prioritized to
further future land uses that advance increased housing densities,
mixed land uses, and the criteria of compact and transit-oriented
development provided in section 202 of this act.
Sec. 225 RCW 35.61.132 and 1989 c 319 s 4 are each amended to
read as follows:
Every metropolitan park district may, by unanimous decision of its
board of park commissioners, sell, exchange, or otherwise dispose of
any real or personal property acquired for park or recreational
purposes when such property is declared surplus for park or other
recreational purposes: PROVIDED, That where the property is acquired
by donation or dedication for park or recreational purposes, the
consent of the donor or dedicator, his or her heirs, successors, or
assigns is first obtained if the consent of the donor is required in
the instrument conveying the property to the metropolitan park
district. In the event the donor or dedicator, his or her heirs,
successors, or assigns cannot be located after a reasonable search, the
metropolitan park district may petition the superior court in the
county where the property is located for approval of the sale. If
sold, all sales shall be by public bids and sale made only to the
highest and best bidder, except that, when possible, property disposals
should be prioritized to further future land uses that advance
increased housing densities, mixed land uses, and the criteria of
compact and transit-oriented development provided in section 202 of
this act.
Sec. 226 RCW 35.94.040 and 1973 1st ex.s. c 95 s 1 are each
amended to read as follows:
(1) Whenever a city shall determine, by resolution of its
legislative authority, that any lands, property, or equipment
originally acquired for public utility purposes is surplus to the
city's needs and is not required for providing continued public utility
service, then such legislative authority by resolution and after a
public hearing may cause such lands, property, or equipment to be
leased, sold, or conveyed. Such resolution shall state the fair market
value or the rent or consideration to be paid and such other terms and
conditions for such disposition as the legislative authority deems to
be in the best public interest.
(2) When possible, property disposals should be prioritized to
further future land uses that advance increased housing densities,
mixed land uses, and the criteria of compact and transit-oriented
development provided in section 202 of this act.
(3) The provisions of RCW 35.94.020 and 35.94.030 shall not apply
to dispositions authorized by this section.
NEW SECTION. Sec. 227 A new section is added to chapter 47.01
RCW to read as follows:
It is the intent of the legislature for the department to work with
local transit agencies in an effort to coordinate increased housing
density around park and ride lots, including the utilization of
airspace over park and ride lots for commercial and residential uses.
NEW SECTION. Sec. 228 A new section is added to chapter 47.80
RCW to read as follows:
The department of transportation shall coordinate with regional
transportation planning organizations in the development of measures
that reduce the per capita vehicle miles traveled. Once developed and
subjected to a public review, the measures must be considered in the
updating of regional transportation plans.
NEW SECTION. Sec. 229 A new section is added to chapter 47.01
RCW to read as follows:
(1) The department of transportation, in collaboration with the
department of community, trade, and economic development and statewide
associations representing the interest of counties, shall develop
educational programs and assistance relating to parking assistance,
incentives, and management.
(2) The materials developed under this section must:
(a) Include illustrations of case studies with successful
implementation of parking management that advances low-carbon emissions
goals;
(b) Include assistance for compact and transit-oriented developers
in forming transportation management associations that are designed to
advance self-sustaining parking management and commute trip reduction
organizations;
(c) Describe the role of car sharing in parking management in dense
areas;
(d) Educate developers, and inform the public, regarding the cost
of parking policies that do not charge money to the car driver.
Sec. 230 RCW 47.80.030 and 2005 c 328 s 2 are each amended to
read as follows:
(1) Each regional transportation planning organization shall
develop in cooperation with the department of transportation, providers
of public transportation and high capacity transportation, ports, and
local governments within the region, adopt, and periodically update a
regional transportation plan that:
(a) Is based on a least cost planning methodology that identifies
the most cost-effective facilities, services, and programs;
(b) Identifies existing or planned transportation facilities,
services, and programs, including but not limited to major roadways
including state highways and regional arterials, transit and
nonmotorized services and facilities, multimodal and intermodal
facilities, marine ports and airports, railroads, and noncapital
programs including transportation demand management that should
function as an integrated regional transportation system, giving
emphasis to those facilities, services, and programs that exhibit one
or more of the following characteristics:
(i) Crosses member county lines;
(ii) Is or will be used by a significant number of people who live
or work outside the county in which the facility, service, or project
is located;
(iii) Significant impacts are expected to be felt in more than one
county;
(iv) Potentially adverse impacts of the facility, service, program,
or project can be better avoided or mitigated through adherence to
regional policies;
(v) Transportation needs addressed by a project have been
identified by the regional transportation planning process and the
remedy is deemed to have regional significance; and
(vi) Provides for system continuity;
(c) Establishes level of service standards for state highways and
state ferry routes, with the exception of transportation facilities of
statewide significance as defined in RCW 47.06.140. These regionally
established level of service standards for state highways and state
ferries shall be developed jointly with the department of
transportation, to encourage consistency across jurisdictions. In
establishing level of service standards for state highways and state
ferries, consideration shall be given for the necessary balance between
providing for the free interjurisdictional movement of people and goods
and the needs of local commuters using state facilities;
(d) Includes a financial plan demonstrating how the regional
transportation plan can be implemented, indicating resources from
public and private sources that are reasonably expected to be made
available to carry out the plan, and recommending any innovative
financing techniques to finance needed facilities, services, and
programs;
(e) Assesses regional development patterns, capital investment and
other measures necessary to:
(i) Ensure the preservation of the existing regional transportation
system, including requirements for operational improvements,
resurfacing, restoration, and rehabilitation of existing and future
major roadways, as well as operations, maintenance, modernization, and
rehabilitation of existing and future transit, railroad systems and
corridors, and nonmotorized facilities; and
(ii) Make the most efficient use of existing transportation
facilities to relieve vehicular congestion and maximize the mobility of
people and goods;
(f) Sets forth a proposed regional transportation approach,
including capital investments, service improvements, programs, and
transportation demand management measures to guide the development of
the integrated, multimodal regional transportation system. For
regional growth centers, the approach must address transportation
concurrency strategies required under RCW 36.70A.070 and include a
measurement of vehicle level of service for off-peak periods and total
multimodal capacity for peak periods; ((and))
(g) Where appropriate, sets forth the relationship of high capacity
transportation providers and other public transit providers with regard
to responsibility for, and the coordination between, services and
facilities;
(h) Includes maximum regional parking levels designed to address
parking thresholds at the state and regional level, and works toward
prohibiting the construction of principle-use long-term parking in
favor of shared parking; and
(i) Includes provisions that provide regional transportation
funding for transit and multimodal infrastructure facilities in return
for commitments from developers to maximize development densities and
minimize project parking.
(2) Regional transportation planning organizations encompassing:
(a) One county planning under RCW 36.70A.040 with one hundred thousand
or more residents; or (b) two or more counties planning under RCW
36.70A.040, one of which has one hundred thousand or more residents,
must ensure that the regional transportation plan for those counties
implements the goals to reduce annual per capita vehicle miles traveled
adopted under RCW 47.01.440.
(3) The organization shall review the regional transportation plan
biennially for currency and forward the adopted plan along with
documentation of the biennial review to the state department of
transportation. In satisfying the requirements of this subsection, the
organization shall provide notice reasonably calculated to inform the
public of the review, and opportunities for the public to comment on
the review and plan adoption.
(((3))) (4) All transportation projects, programs, and
transportation demand management measures within the region that have
an impact upon regional facilities or services must be consistent with
the plan and with the adopted regional growth and transportation
strategies.
Sec. 231 RCW 47.80.050 and 1990 1st ex.s. c 17 s 57 are each
amended to read as follows:
Biennial appropriations to the department of transportation to
carry out the regional transportation planning program shall set forth
the amounts to be allocated as follows:
(1) A base amount per county for each county within each regional
transportation planning organization, to be distributed to the lead
planning agency;
(2) An amount to be distributed to each lead planning agency on a
per capita basis; ((and))
(3) An amount to be administered by the department of
transportation as a discretionary grant program for special regional
planning projects, including grants to allow counties which have
significant transportation interests in common with an adjoining region
to also participate in that region's planning efforts;
(4) An amount that can be distributed when appropriate, with
support from the department of community, trade, and economic
development, for focused trip reduction programs in compact and
transit-oriented developments that satisfy the criteria of section 202
of this act. When possible, these amounts should be modeled after the
growth and transportation efficiency centers outlined in RCW 70.94.528.
NEW SECTION. Sec. 232 By January 1, 2010, the department of
transportation shall prepare a report to the appropriate committees of
the legislature that:
(1) Outlines parking-related revenue and funding options, including
parking taxes in dense urban areas, for projects and programs located
in compact and transit-oriented developments that satisfy the criteria
of section 202 of this act and funding for tax credits for lower
parking ratios; and
(2) Identifies, with the assistance of the department of community,
trade, and economic development, which of the following parking
management strategies best forward the goals of compact and transit-oriented development identified in the criteria set forth in section
202 of this act, including an analysis of the impact each strategy
would have on businesses and housing projects and on the different size
compact and transit-oriented developments either already existing or
currently planned:
(a) Changes in state law regarding the commercial parking tax
authorizing monthly reserved parking to be taxed, with the revenues
dedicated to developing alternatives to driving;
(b) Creation of the ability to charge higher parking taxes for
monthly, long-term, or commuter parking than for short-term parking;
(c) Development and implementation of variable parking pricing for
different areas and times of the day;
(d) Development and implementation of congestion pricing for
special events parking;
(e) Consideration of charging at high use park and ride lots as a
way to manage demand and raise revenue;
(f) Identify opportunities for funding incentives to developers who
develop housing facilities that reduce or intercept traffic impacts on
already overburdened major roadways;
(g) Increases in density and a reduction in parking requirements
for valet parking;
(h) Reduction in parking rates or the provision of priority parking
for rideshare vehicles and other high occupancy vehicles;
(i) Provision of incentives to employees and employers for parking
management, such as employer-provided mini-fleets for employees and the
option for employees to cash out their free parking privileges;
(j) Restrictions on special parking rates that reward early morning
parking in congested downtown areas;
(k) Reconfiguration of street parking for bicycles and scooters and
to consider the benefits of angled or parallel parking.
NEW SECTION. Sec. 233 The legislature finds that walking and
bicycling for transportation purposes offers many benefits to
individuals, their communities, and the state. These benefits include
improved health and a reduction in the emissions of carbon and other
harmful pollutants. When incorporated into a balanced transportation
system, walking and bicycling can reduce the amount of car trips made,
and thereby reduce the greenhouse gas emissions caused by motor
vehicles.
NEW SECTION. Sec. 234 (1) Except as otherwise provided in this
chapter, transportation decisions made by state, regional, and local
entities must give recognition, consideration, and prioritization to
the complete street principles provided in this section.
(2) Complete streets are roads that are designed and operated to
enable safe access for all users, including pedestrians, bicyclists,
motorists, and bus riders of all ages and abilities. The principles of
complete streets are as follows:
(a) Specification that the infrastructure is designed for all
users, including pedestrians, bicyclists, transit vehicles and users,
and motorists of all ages and abilities;
(b) Aiming to create a comprehensive, integrated, connected
network;
(c) Recognition of the need for flexibility and the idea that all
streets are different and user needs will be balanced;
(d) The ability to be adopted by all agencies to cover all roads;
(e) Applicability to both new and retrofit projects, including
design, planning, maintenance, and operations for the entire right-of-way;
(f) Making any exceptions to these principles specific with a clear
procedure that requires high-level approval of exceptions;
(g) Direction for the use of the latest and best design standards;
(h) Direction that complete streets solutions fit in with the
context of the community;
(i) Establishment of performance standards with measurable
outcomes.
NEW SECTION. Sec. 235 The implementation of the complete streets
principles identified in section 234 of this act must be prioritized
and implemented in the following order:
(1) By September 1, 2009, the superintendent of public instruction
shall work with local communities and school districts to develop an
investment strategy that ensures:
(a) All elementary and middle schools in urban areas are connected
to pedestrian routes within a one and one-half mile circumference of
the school entrance; and
(b) All high schools in urban areas are connected to pedestrian
routes within a two-mile circumference of the school entrance.
(2) By December 15, 2009, the superintendent of public instruction
shall review school-siting policies and practices and deliver a report
to the appropriate committees of the legislature recommending practices
and changes that can reduce total vehicle miles traveled to and from
schools.
(3) By December 31, 2009, the department of transportation shall:
(a) Deliver to the appropriate committees of the legislature the
identification of a funding strategy to fulfill all elements of the
adopted 2008 Washington state bicycle facilities and pedestrian
walkways plan, including funding for training and facilities; and
(b) Work with cities and counties to begin training all traffic
engineers and planners on the design and engineering elements that
promote walking and bicycling.
(4) By December 31, 2010, all state transportation funds and state
public works transportation funding must include the complete streets
criteria identified in section 234 of this act when completing state
projects or awarding state funding for local projects.
(5) By December 31, 2011, all cities must adopt rules or ordinances
modeled on the complete streets criteria identified in section 234 of
this act. Compliance with this section is a necessary prerequisite for
receiving state transportation grant and loan funding. Cities not in
compliance with this section may only apply for state transportation
grant and loan funding if the city can justify their noncompliance by
the provision of alternative plans for reducing total vehicle miles
traveled.
(6) By December 31, 2012, all school districts must develop
transportation plans that identify strategies to encourage nonsingle-occupancy vehicle driving to school.
(7) By December 31, 2013, the secretary shall require all planners
and engineers employed by the department to have completed an approved
course on walking and bicycling.
(8) By December 31, 2014, all urban areas required to have a growth
management plan under chapter 36.70A RCW must produce a bicycle and
walking master plan, either as two separate plans or as a unified
document, and identify funding strategies to complete the execution of
the plan or plans within their six-year capital facilities plans.
(9) By December 31, 2018, all urban areas required to take action
under subsection (8) of this section must be able to demonstrate
progress towards completing projects identified in their bicycle and
walking master plans.
NEW SECTION. Sec. 236 Requirements of this chapter related to
the complete streets principles outlined in section 234 of this act do
not apply if:
(1) Conformance to the complete streets principles would represent
more than twenty percent of an overall project's cost;
(2) There is no identified need for compliance with complete
streets principles; or
(3) The secretary expressly exempts a project from compliance with
this chapter.
NEW SECTION. Sec. 237 By September 1, 2010, the department of
community, trade, and economic development, together with the
department of ecology, shall prepare for the appropriate committees of
the legislature a report recommending funding sources for the
encouragement of the redevelopment of brownfields. In addition, the
report must outline the mechanisms of a grants component that augments
the state's brownfields revolving loan. Recommendations must advance
opportunities for land aggregation, promoting town centers, and
promoting compact development.
Sec. 238 RCW 47.01.440 and 2008 c 14 s 8 are each amended to read
as follows:
To support the implementation of RCW 47.04.280 and 47.01.078(4),
the department shall adopt broad statewide goals to reduce annual per
capita vehicle miles traveled by 2050 consistent with the stated goals
of executive order 07-02. Consistent with these goals, the department
shall:
(1) Establish the following benchmarks using a statewide baseline
of seventy-five billion vehicle miles traveled less the vehicle miles
traveled attributable to vehicles licensed under RCW 46.16.070 and
weighing ten thousand pounds or more, which are exempt from this
section:
(a) Decrease the annual per capita vehicle miles traveled by
eighteen percent by 2020;
(b) Decrease the annual per capita vehicle miles traveled by thirty
percent by 2035; and
(c) Decrease the annual per capita vehicle miles traveled by fifty
percent by 2050;
(2) By July 1, 2008, establish and convene a collaborative process
to develop a set of tools and best practices to assist state, regional,
and local entities in making progress towards the benchmarks
established in subsection (1) of this section. The collaborative
process must provide an opportunity for public review and comment and
must:
(a) Be jointly facilitated by the department, the department of
ecology, and the department of community, trade, and economic
development;
(b) Provide for participation from regional transportation planning
organizations, the Washington state transit association, the Puget
Sound clean air agency, a statewide business organization representing
the sale of motor vehicles, at least one major private employer that
participates in the commute trip reduction program, and other
interested parties, including but not limited to parties representing
diverse perspectives on issues relating to growth, development, and
transportation;
(c) Identify current strategies to reduce vehicle miles traveled in
the state as well as successful strategies in other jurisdictions that
may be applicable in the state;
(d) Identify potential new revenue options for local and regional
governments to authorize to finance vehicle miles traveled reduction
efforts;
(e) Provide for the development of measurement tools that can, with
a high level of confidence, measure annual progress toward the
benchmarks at the local, regional, and state levels, measure the
effects of strategies implemented to reduce vehicle miles traveled and
adequately distinguish between common travel purposes, such as moving
freight or commuting to work, and measure trends of vehicle miles
traveled per capita on a five-year basis;
(f) Establish a process for the department to periodically evaluate
progress toward the vehicle miles traveled benchmarks, measure achieved
and projected emissions reductions, and recommend whether the
benchmarks should be adjusted to meet the state's overall goals for the
reduction of greenhouse gas emissions;
(g) Estimate the projected reductions in greenhouse gas emissions
if the benchmarks are achieved, taking into account the expected
implementation of existing state and federal mandates for vehicle
technology and fuels, as well as expected growth in population and
vehicle travel;
(h) Examine access to public transportation for people living in
areas with affordable housing to and from employment centers, and make
recommendations for steps necessary to ensure that areas with
affordable housing are served by adequate levels of public
transportation; and
(i) By December 1, 2008, provide a report to the transportation
committees of the legislature on the collaborative process and
resulting recommended tools and best practices to achieve the reduction
in annual per capita vehicle miles traveled goals.
(3) Included in the December 1, 2008, report to the transportation
committees of the legislature, the department shall identify strategies
to reduce vehicle miles traveled in the state as well as successful
strategies in other jurisdictions that may be applicable in the state
that recognize the differing urban and rural transportation
requirements.
(4) Prior to implementation of the goals in this section, the
department, in consultation with the department of community, trade,
and economic development, cities, counties, local economic development
organizations, and local and regional chambers of commerce, shall
provide a report to the appropriate committees of the legislature on
the anticipated impacts of the goals established in this section on the
following:
(a) The economic hardship on small businesses as it relates to the
ability to hire and retain workers who do not reside in the county in
which they are employed;
(b) Impacts on low-income residents;
(c) Impacts on agricultural employers and their employees,
especially on the migrant farmworker community;
(d) Impacts on distressed rural counties; and
(e) Impacts in counties with more than fifty percent of the land
base of the county in public or tribal lands.
(5)(a) Subsequent to the completion of the 2008 report required by
this section, the department shall reconvene the original stakeholders
and identify options for aligning state, regional, and local
transportation investments with the vehicle miles traveled benchmarks
presented in this section. This process must include the reexamination
of existing investments to ensure that greenhouse gas emissions and
vehicle miles traveled reduction goals, as well as the traditional
goals of transportation spending, are reflected in the state's
transportation spending.
(b) The report required by this subsection must be delivered to the
appropriate committees of the legislature by December 31, 2010.
Sec. 239 RCW 47.56.830 and 2008 c 122 s 5 are each amended to
read as follows:
Any proposal for the establishment of eligible toll facilities
shall consider the following policy guidelines:
(1) Overall direction. Washington should use tolling to encourage
effective use of the transportation system ((and)), provide a source of
transportation funding, and reduce per capita vehicle miles traveled
and greenhouse gas emissions.
(2) When to use tolling. Tolling should be used when it can be
demonstrated to contribute a significant portion of the cost of a
project that cannot be funded solely with existing sources or optimize
the performance of the transportation system. Such tolling should, in
all cases, be fairly and equitably applied in the context of the
statewide transportation system and not have significant adverse
impacts through the diversion of traffic to other routes that cannot
otherwise be reasonably mitigated. Such tolling should also consider
relevant social equity, environmental, and economic issues, and should
be directed at making progress toward the state's greenhouse gas
reduction goals. When using tolling, strategies should be incorporated
to reduce per capita vehicle miles traveled and greenhouse gas
emissions by developing toll rate policies that encourage drivers to
make shorter and fewer trips, use less polluting vehicles, and consider
alternative modes other than single-occupancy use driving.
(3) Use of toll revenue. All revenue from an eligible toll
facility must be used only to improve, preserve, manage, or operate the
eligible toll facility on or in which the revenue is collected.
Additionally, toll revenue should provide for and encourage the
inclusion of recycled and reclaimed construction materials.
(4) Setting toll rates. Toll rates, which may include variable
pricing, must be set to meet anticipated funding obligations. To the
extent possible, the toll rates should be set to optimize system
performance, recognizing necessary trade-offs to generate revenue.
(5) Duration of toll collection. Because transportation
infrastructure projects have costs and benefits that extend well beyond
those paid for by initial construction funding, tolls on future toll
facilities may remain in place to fund additional capacity, capital
rehabilitation, maintenance, management, and operations, and to
optimize performance of the system.
Sec. 240 RCW 47.56.820 and 2008 c 122 s 4 are each amended to
read as follows:
(1) Unless otherwise delegated, only the legislature may authorize
the imposition of tolls on eligible toll facilities.
(2) All revenue from an eligible toll facility must be used only to
construct, improve, preserve, maintain, manage, or operate the eligible
toll facility on or in which the revenue is collected or to support
sustainable travel options, such as transit and ridesharing, or to
increase freight mobility. Expenditures of toll revenues are subject
to appropriation and must be made only:
(a) To cover the operating costs of the eligible toll facility,
sustainable travel option, or increased freight mobility, including
necessary maintenance, preservation, administration, and toll
enforcement by public law enforcement within the boundaries of the
facility;
(b) To meet obligations for the repayment of debt and interest on
the eligible toll facilities, sustainable travel option, or increased
freight mobility, and any other associated financing costs including,
but not limited to, required reserves and insurance;
(c) To meet any other obligations to provide funding contributions
for any projects or operations on the eligible toll facilities,
sustainable travel option, or increased freight mobility;
(d) To provide for the operations of conveyances of people or
goods; or
(e) For any other improvements to the eligible toll facilities,
sustainable travel option, or increased freight mobility.
NEW SECTION. Sec. 241 (1) By December 31, 2010, the department
of transportation shall assemble a task force of interested and
appropriate stakeholders to review state and local transportation
funding and to propose tolls and other pricing mechanisms that could
fund transportation and transit needs and create price incentives to
reduce per capita vehicle miles traveled and greenhouse gas emissions
in the transportation sector.
(2) Pricing mechanisms considered by the task force should give
priority to transit and freight operations and be fair and consistent.
(3) The task force shall also review the state's tolling authority
and explore how a move towards a system-wide application of tolling,
rather than a project-by-project approach, can reduce per capita
vehicle miles traveled and greenhouse gas emissions in the
transportation sector.
(4) Results of the task force must be delivered to the appropriate
committees of the legislature by December 31, 2011.
(5) This section expires June 30, 2012.
Sec. 242 RCW 47.56.785 and 2008 c 270 s 4 are each amended to
read as follows:
(1) Following the submission of the report required in section 6,
chapter 270, Laws of 2008, the department may seek authorization from
the legislature to collect tolls on the existing ((state route number
520)) bridge or on a replacement ((state route number 520)) bridge for
state route number 520 or Interstate 90. Any tolls established for
Interstate 90 must be designed to implement a system-wide application
of tolling that has the potential to reduce per capita vehicle miles
traveled and greenhouse gas emissions in the transportation sector.
(2) The schedule of toll charges must be established by the
transportation commission and collected in a manner determined by the
department.
NEW SECTION. Sec. 243 (1) By December 31, 2010, the department
of transportation shall deliver to the appropriate committees of the
legislature a report that estimates the costs of investments in rail
improvements that are necessary to reduce the usage of trucks and
passenger vehicles, and thus lower greenhouse gas emissions.
(2) The report required by this section must have the following
components:
(a) The costs of the following improvements to freight and
passenger rail service:
(i) Establishing a triple track on the mainline between Seattle and
Tacoma;
(ii) Improving West Vancouver freight access;
(iii) Developing a Point Defiance bypass;
(iv) Improving Blakeslee Junction;
(v) Developing a third mainline for Martin's Bluff;
(vi) Developing Green river industrial leads;
(vii) Improving access to the port of Seattle and the port of
Tacoma; and
(viii) Improving east/west service;
(b) The costs of developing and maintaining a joint operation and
tracking agreement with private rail carriers to allow equal access to
mainline infrastructure;
(c) The cost of improving the Stampede Pass line to allow for
double-stack service;
(d) The cost of working with class 1 railroads to improve
operations to lines along the Columbia river as directional running
corridors;
(e) The cost of maintaining a substantive program for improving and
maintaining short line railroads that have sufficient projected freight
to make a difference in air quality;
(f) The costs of needed work to facilitate links to other rail
forms and nonsingle-occupancy vehicle travel;
(g) The cost of reactivating the old Milwaukee road line between
Ellensburg and Lind;
(h) The minimum useful funding level for a state grant or loan
program targeted at helping smaller class 1 railroads invest in
technologies that reduce fuel consumption and air emissions; and
(i) Identify a methodology for determining when rail
electrification might become a viable option in Washington, including
strategies for leveraging federal grants and loans for rail
electrification projects.
NEW SECTION. Sec. 244 By December 31, 2010, the department of
licensing, together with the department of revenue, shall develop
options that would decrease the up-front cost of purchasing plug-in
electric vehicles and other high mileage vehicles relative to the cost
of purchasing less efficient vehicles.
Sec. 245 RCW 82.08.813 and 2005 c 296 s 2 are each amended to
read as follows:
(1) The tax levied by RCW 82.08.020 does not apply to sales of new
passenger cars, light and heavy duty trucks, and medium duty passenger
vehicles, which utilize hybrid technology and have a United States
environmental protection agency estimated highway gasoline mileage
rating of at least forty miles per gallon.
(2) The seller must keep records necessary for the department to
verify eligibility under this section.
(3) As used in this section, "hybrid technology" means propulsion
units powered by both electricity and gasoline.
Sec. 246 2005 c 296 s 6 (uncodified) is amended to read as
follows:
This act expires January 1, ((2011)) 2020.
NEW SECTION. Sec. 247 By December 31, 2009, the department of
transportation shall deliver to the appropriate committees of the
legislature a report that:
(1) Reviews the relevancy of the current exclusions of higher
weight battery electric vehicles. If practical, the report must
recommend amending the gross vehicle weight limit for medium speed
electric vehicles; and
(2) Studies possible financial incentives that may stimulate the
production of six-plus-passenger vans for vanshare or shuttle programs
and the initiation of electric vehicle demonstration projects.
NEW SECTION. Sec. 248 A new section is added to chapter 19.112
RCW to read as follows:
By December 31, 2011, the departments of agriculture, ecology,
transportation, and community, trade, and economic development shall
evaluate and implement low-carbon fuel standard requirements that are
appropriate for Washington. Initiation of this requirement may not
commence until California has implemented a low-carbon fuel standard
and lessons can be learned from California's experience.
NEW SECTION. Sec. 249 Section 245 of this act expires January 1,
2020.
NEW SECTION. Sec. 250 Sections 233 through 236 of this act
constitute a new chapter in Title
Sec. 301 RCW 70.95.010 and 2002 c 299 s 3 are each amended to
read as follows:
The legislature finds:
(1) Continuing technological changes in methods of manufacture,
packaging, and marketing of consumer products, together with the
economic and population growth of this state, the rising affluence of
its citizens, and its expanding industrial activity have created new
and ever-mounting problems involving disposal of garbage, refuse, and
solid waste materials resulting from domestic, agricultural, and
industrial activities.
(2) Traditional methods of disposing of solid wastes in this state
are no longer adequate to meet the ever-increasing problem. Improper
methods and practices of handling and disposal of solid wastes pollute
our land, air and water resources, blight our countryside, adversely
affect land values, and damage the overall quality of our environment.
(3) Considerations of natural resource limitations, energy
shortages, economics and the environment make necessary the development
and implementation of solid waste recovery and/or recycling plans and
programs.
(4) Waste reduction must become a fundamental strategy of solid
waste management. It is therefore necessary to change manufacturing
and purchasing practices and waste generation behaviors to reduce the
amount of waste that becomes a governmental responsibility.
(5) Source ((separation of waste must become a fundamental strategy
of solid waste management. Collection and handling strategies should
have, as an ultimate goal, the source)) separation of all materials
with resource value or environmental hazard is necessary to protect
human health and the environment.
(6)(a) It should be the goal of every person and business to
minimize their production of wastes and to separate recyclable or
hazardous materials from mixed waste.
(b) It is the responsibility of state, county, and city governments
to provide for a waste management infrastructure to fully implement
waste reduction and source separation strategies and to process and
dispose of remaining wastes in a manner that is environmentally safe
and economically sound. It is further the responsibility of state,
county, and city governments to monitor the cost-effectiveness and
environmental safety of combusting separated waste, processing mixed
municipal solid waste, and recycling programs.
(c) It is the responsibility of county and city governments to
assume primary responsibility for solid waste management and to develop
and implement aggressive and effective waste reduction and source
separation strategies.
(d) It is the responsibility of state government to ensure that
local governments are providing adequate source reduction and
separation opportunities and incentives to all, including persons in
both rural and urban areas, and nonresidential waste generators such as
commercial, industrial, and institutional entities, recognizing the
need to provide flexibility to accommodate differing population
densities, distances to and availability of recycling markets, and
collection and disposal costs in each community; and to provide county
and city governments with adequate technical resources to accomplish
this responsibility.
(7) Environmental and economic considerations in solving the
state's solid waste management problems requires strong consideration
by local governments of regional solutions and intergovernmental
cooperation.
(8) The following priorities for the collection, handling, and
management of solid waste are necessary and should be followed in
descending order as applicable:
(a) Waste reduction;
(b) Recycling, with source separation of recyclable materials as
the preferred method;
(c) Energy recovery, incineration, or landfill of separated waste;
(d) Energy recovery, incineration, or landfill of mixed municipal
solid wastes.
(9) It is the state's goal to achieve a fifty percent recycling
rate by 2007.
(10) It is the state's goal that programs be established to
eliminate residential or commercial yard debris in landfills by 2012 in
those areas where alternatives to disposal are readily available and
effective.
(11) Steps should be taken to make recycling at least as affordable
and convenient to the ratepayer as mixed waste disposal.
(12) It is necessary to compile and maintain adequate data on the
types and quantities of solid waste that are being generated and to
monitor how the various types of solid waste are being managed.
(13) Vehicle batteries should be recycled and the disposal of
vehicle batteries into landfills or incinerators should be
discontinued.
(14) Excessive and nonrecyclable packaging of products should be
avoided.
(15) Comprehensive education should be conducted throughout the
state so that people are informed of the need to reduce, source
separate, and recycle solid waste.
(16) All governmental entities in the state should set an example
by implementing aggressive waste reduction and recycling programs at
their workplaces and by purchasing products that are made from recycled
materials and are recyclable.
(17) To ensure the safe and efficient operations of solid waste
disposal facilities, it is necessary for operators and regulators of
landfills and incinerators to receive training and certification.
(18) It is necessary to provide adequate funding to all levels of
government so that successful waste reduction and recycling programs
can be implemented.
(19) The development of stable and expanding markets for recyclable
materials is critical to the long-term success of the state's recycling
goals. Market development must be encouraged on a state, regional, and
national basis to maximize its effectiveness. The state shall assume
primary responsibility for the development of a multifaceted market
development program to carry out the purposes of this act.
(20) There is an imperative need to anticipate, plan for, and
accomplish effective storage, control, recovery, and recycling of
discarded tires and other problem wastes with the subsequent
conservation of resources and energy.
NEW SECTION. Sec. 302 A new section is added to chapter 70.95
RCW to read as follows:
(1) It is the responsibility of every person and business to
minimize their production of wastes, to separate recyclable or
hazardous materials from mixed waste, and to participate in available
materials collection programs.
(2) It is the responsibility of state, county, and city governments
to provide for a waste management infrastructure to fully implement
waste reduction and source separation strategies and to process and
dispose of remaining wastes in a manner that is environmentally safe
and economically sound. It is further the responsibility of state,
county, and city governments to monitor the cost-effectiveness and
environmental safety of combusting separated waste, processing mixed
municipal solid waste, and recycling programs.
(3) It is the responsibility of county and city governments to
assume primary responsibility for solid waste management and to develop
and implement aggressive and effective waste reduction and source
separation strategies.
(4) It is the responsibility of state government: To ensure that
local governments are providing adequate source reduction and
separation opportunities and incentives to all, including persons in
both rural and urban areas, and nonresidential waste generators such as
commercial, industrial, and institutional entities, recognizing the
need to provide flexibility to accommodate differing population
densities, distances to and availability of recycling markets, and
collection and disposal costs in each community; and to provide county
and city governments with adequate technical resources to accomplish
this responsibility.
(5) Environmental and economic considerations in solving the
state's solid waste management problems require strong consideration by
local governments of regional solutions and intergovernmental
cooperation.
NEW SECTION. Sec. 303 A new section is added to chapter 70.95
RCW to read as follows:
The following priorities are established for the collection,
handling, and management of solid waste to be followed in descending
order as applicable:
(1) Waste reduction;
(2) Recycling, with source separation of recyclable materials as
the preferred method;
(3) Energy recovery, incineration, or landfill of separated waste;
(4) Energy recovery, incineration, or landfill of mixed municipal
solid wastes.
NEW SECTION. Sec. 304 A new section is added to chapter 70.95
RCW to read as follows:
(1) It is the state's goal to achieve an eighty percent recycling
rate by 2020.
(2) To accomplish this goal, it is the solid waste management
strategy of the state that source separation of recyclable materials
and products, organic material, and wastes be practiced by all persons
and collection services be provided to all residents to eliminate
disposal of recyclable, compostable, and disgestable materials and
ensure their reutilization.
(3) It is the state's goal that programs be established to
eliminate residential or commercial yard debris in landfills by 2012 in
those areas where alternatives to disposal are readily available and
effective.
(4) Steps should be taken to make recycling at least as affordable
and convenient to the ratepayer as mixed waste disposal.
(5) It is necessary to compile and maintain adequate data on the
types and quantities of solid waste that are being generated and to
monitor the effectiveness of these goals and strategies.
(6) Vehicle batteries must be recycled and the disposal of vehicle
batteries into landfills or incinerators must be discontinued.
(7) Excessive and nonrecyclable packaging of products should be
avoided.
(8) Comprehensive education must be conducted throughout the state
so that people are informed of the requirements to reduce, source
separate, and recycle solid waste.
(9) Governmental entities in the state shall participate in source
reduction, source separation, and recycling programs in the various
communities where they are located, unless governmental entities have
already established waste reduction and recycling programs that achieve
equal or greater rates of material diversion.
(10) All governmental entities shall purchase products that are
made from recycled materials and are recyclable.
(11) To ensure the safe and efficient operations of solid waste
disposal facilities, it is necessary for operators and regulators of
landfills and incinerators to receive training and certification.
(12) It is necessary to provide adequate funding to all levels of
government so that successful waste reduction and recycling programs
can be implemented.
(13) The development of stable and expanding markets for recyclable
materials is critical to the long-term success of the state's recycling
goals. Market development must be encouraged on a state, regional, and
national basis to maximize its effectiveness. The state shall assume
primary responsibility for the development of a multifaceted market
development program to carry out the purposes of this act.
(14) There is an imperative need to anticipate, plan for, and
accomplish effective storage, control, recovery, and recycling of
discarded tires and other problem wastes with the subsequent
conservation of resources and energy.
Sec. 305 RCW 70.95.020 and 2005 c 394 s 2 are each amended to
read as follows:
The purpose of this chapter is to establish a comprehensive
statewide program ((for)) to manage solid waste ((handling, and solid
waste recovery and/or recycling)), which will prevent land, air, and
water pollution and conserve the natural, economic, and energy
resources of this state. To this end it is the purpose of this
chapter:
(1) To assign primary responsibility for adequate solid waste
handling to local government, reserving to the state, however, those
functions necessary to assure effective programs throughout the state;
(2) To provide for adequate planning for solid waste handling by
local government;
(3) To provide for the adoption and enforcement of basic minimum
performance standards for solid waste handling, including that all
sites where recyclable materials are generated and transported from
shall provide a separate container for solid waste;
(4) To encourage the development and operation of waste recycling
facilities needed to accomplish the management priority of waste
recycling, to promote consistency in the requirements for such
facilities throughout the state, and to ensure that recyclable
materials diverted from the waste stream for recycling are routed to
facilities in which recycling occurs;
(5) To provide technical and financial assistance to local
governments in the planning, development, and conduct of solid waste
handling programs;
(6) To encourage storage, proper disposal, and recycling of
discarded vehicle tires and to stimulate private recycling programs
throughout the state; ((and))
(7) To encourage the development and operation of waste recycling
facilities and activities needed to accomplish the management priority
of waste recycling and to promote consistency in the permitting
requirements for such facilities and activities throughout the state((.)); and
It is the intent of the legislature that
(8) To encourage local governments ((be encouraged)) to use the
expertise of private industry and to contract with private industry to
the fullest extent possible to carry out solid waste recovery and/or
recycling programs.
Sec. 306 RCW 70.95.030 and 2004 c 101 s 1 are each amended to
read as follows:
((As used in)) The definitions in this section apply throughout
this chapter((,)) unless the context ((indicates)) clearly requires
otherwise((:)).
(1) "Anaerobic digestion" means a process in which microorganisms
break down biodegradable material in the absence of oxygen, resulting
in the production of methane and carbon dioxide rich biogas suitable
for energy production or use as fuel and nutrients in the effluent that
can be used as fertilizer.
(2) "City" means every incorporated city and town.
(((2))) (3) "Collection services" means services provided as
universal residential collection and comprehensive commercial
collection.
(4) "Commission" means the utilities and transportation commission.
(((3))) (5) "Committee" means the state solid waste advisory
committee.
(((4))) (6) "Composted material" means organic solid waste that has
been subjected to controlled aerobic degradation at a solid waste
facility in compliance with the requirements of this chapter. Natural
decay of organic solid waste under uncontrolled conditions does not
result in composted material.
(((5))) (7) "Comprehensive commercial collection" means the
services provided to commercial generators in the state to collect
source separated recyclable materials and products, organic materials,
and wastes separately. Commercial generators may transport recyclable
materials or organic materials themselves or may secure recycling
services from any transporter of recyclable materials or recycling
business in the state registered under this chapter.
(8) "Department" means the department of ecology.
(((6))) (9) "Director" means the director of the department of
ecology.
(((7))) (10) "Disposal site" means the location where any final
treatment, utilization, processing, or deposit of solid waste occurs.
(((8))) (11) "Energy recovery" means a process operating under
federal and state environmental laws and regulations for converting
solid waste into usable energy and for reducing the volume of solid
waste.
(((9))) (12) "Functional standards" means criteria for solid waste
handling expressed in terms of expected performance or solid waste
handling functions.
(((10))) (13) "Incineration" means a process of reducing the volume
of solid waste operating under federal and state environmental laws and
regulations by use of an enclosed device using controlled flame
combustion.
(((11))) (14) "Inert waste landfill" means a landfill that receives
only inert waste, as determined under RCW 70.95.065, and includes
facilities that use inert wastes as a component of fill.
(((12))) (15) "Jurisdictional health department" means city,
county, city-county, or district public health department.
(((13))) (16) "Landfill" means a disposal facility or part of a
facility at which solid waste is placed in or on land and which is not
a land treatment facility.
(((14))) (17) "Local government" means a city, town, or county.
(((15))) (18) "Modify" means to substantially change the design or
operational plans including, but not limited to, removal of a design
element previously set forth in a permit application or the addition of
a disposal or processing activity that is not approved in the permit.
(((16))) (19) "Multiple family residence" means any structure
housing two or more dwelling units.
(((17))) (20) "Person" means individual, firm, association,
copartnership, political subdivision, government agency, municipality,
industry, public or private corporation, or any other entity
whatsoever.
(((18))) (21) "Recyclable materials" means those solid wastes that
are separated for recycling or reuse((, such as papers, metals, and
glass, that are identified as recyclable material pursuant to)) within
a local comprehensive solid waste plan according to RCW 70.95.080.
Prior to the adoption of the local comprehensive solid waste plan,
adopted pursuant to RCW 70.95.110(2), local governments may identify
additional recyclable materials by ordinance ((from July 23, 1989)).
(((19))) (22) "Recycling" means transforming or remanufacturing
waste materials into usable or marketable materials for use other than
landfill disposal or incineration.
(((20))) (23) "Residence" means the regular dwelling place of an
individual or individuals.
(((21))) (24) "Sewage sludge" means a semisolid substance
consisting of settled sewage solids combined with varying amounts of
water and dissolved materials, generated from a wastewater treatment
system, that does not meet the requirements of chapter 70.95J RCW.
(((22))) (25) "Soil amendment" means any substance that is intended
to improve the physical characteristics of the soil, except composted
material, commercial fertilizers, agricultural liming agents,
unmanipulated animal manures, unmanipulated vegetable manures, food
wastes, food processing wastes, and materials exempted by rule of the
department, such as biosolids as defined in chapter 70.95J RCW and
wastewater as regulated in chapter 90.48 RCW.
(((23))) (26) "Solid waste" or "wastes" means all putrescible and
nonputrescible solid and semisolid wastes including, but not limited
to, garbage, rubbish, ashes, industrial wastes, swill, sewage sludge,
demolition and construction wastes, abandoned vehicles or parts
thereof, and recyclable materials.
(((24))) (27) "Solid waste handling" means the management, storage,
collection, transportation, treatment, utilization, processing, and
final disposal of solid wastes, including the recovery and recycling of
materials from solid wastes, the recovery of energy resources from
solid wastes or the conversion of the energy in solid wastes to more
useful forms or combinations thereof.
(((25))) (28) "Source separation" means the separation of
((different kinds of solid waste at the place where the waste
originates)) recyclable materials and products and organic materials
from mixed solid waste at the place where those materials are
generated.
(((26))) (29) "Universal residential collection" means the services
required to be provided throughout the state to collect source
separated recyclable materials and products, organic materials, and
wastes separately. These services must be provided at all single
family and multifamily dwellings through collection companies as
required under chapter 81.77 RCW and municipal collection services
provided under RCW 35.21.152 and chapter 35.67 RCW except in those
areas of the state that are excluded in RCW 70.95.110(3).
(30) "Vehicle" includes every device physically capable of being
moved upon a public or private highway, road, street, or watercourse
and in, upon, or by which any person or property is or may be
transported or drawn upon a public or private highway, road, street, or
watercourse, except devices moved by human or animal power or used
exclusively upon stationary rails or tracks.
(((27))) (31) "Waste-derived soil amendment" means any soil
amendment as defined in this chapter that is derived from solid waste
as defined in ((RCW 70.95.030)) this section, but does not include
biosolids or biosolids products regulated under chapter 70.95J RCW or
wastewaters regulated under chapter 90.48 RCW.
(((28))) (32) "Waste reduction" means reducing the amount or
toxicity of waste generated or reusing materials or products without
processing.
(((29))) (33) "Yard debris" means plant material commonly created
in the course of maintaining yards and gardens, and through
horticulture, gardening, landscaping, or similar activities. Yard
debris includes but is not limited to grass clippings, leaves,
branches, brush, weeds, flowers, roots, windfall fruit, vegetable
garden debris, holiday trees, and tree prunings ((four)) six inches or
less in diameter.
Sec. 307 RCW 70.95.080 and 1985 c 448 s 17 are each amended to
read as follows:
(1) Each county within the state, in cooperation with the various
cities located within such county, shall prepare a coordinated,
comprehensive solid waste management plan. Such plan may cover two or
more counties. The purpose is to plan for solid waste and materials
reduction, collection, handling and management services, and programs
throughout the state, as designed to meet the unique needs of each
county and city in the state. The objective of local comprehensive
plans is to ensure the following required handling methods or services
occur:
(a) Source separation of recyclable materials and products, organic
materials, and wastes by generators;
(b) Collection of source separated materials;
(c) Handling and proper preparation of materials for reuse or
recycling;
(d) Handling and proper preparation of organic materials for
composting or anaerobic digestion; and
(e) Handling and proper disposal of nonrecyclable wastes.
(2) At a minimum, each plan must identify methods used to address
the following:
(a) Construction and demolition waste for recycling or reuse;
(b) Organic material, including yard debris, food waste, and food
contaminated paper products, for composting or anaerobic digestion;
(c) Recoverable paper products for recycling;
(d) Container metals, container glass, and plastics for recycling;
and
(e) Waste reduction strategies.
(3) Each city shall:
(((1))) (a) Prepare and deliver to the county auditor of the county
in which it is located its plan for its own solid waste management for
integration into the comprehensive county plan; or
(((2))) (b) Enter into an agreement with the county pursuant to
which the city shall participate in preparing a joint city-county plan
for solid waste management; or
(((3))) (c) Authorize the county to prepare a plan for the city's
solid waste management for inclusion in the comprehensive county plan.
(4) Two or more cities may prepare a plan for inclusion in the
county plan. With prior notification of its home county of its intent,
a city in one county may enter into an agreement with a city in an
adjoining county, or with an adjoining county, or both, to prepare a
joint plan for solid waste management to become part of the
comprehensive plan of both counties.
(5) After consultation with representatives of the cities and
counties, the department shall establish a schedule for the development
of the comprehensive plans for solid waste management. In preparing
such a schedule, the department shall take into account the probable
cost of such plans to the cities and counties.
(6) Local governments shall not be required to include a hazardous
waste element in their solid waste management plans.
Sec. 308 RCW 70.95.090 and 1991 c 298 s 3 are each amended to
read as follows:
Each county and city comprehensive solid waste management plan
shall include the following:
(1) A detailed inventory and description of all existing solid
waste handling facilities including an inventory of any deficiencies in
meeting current solid waste handling needs.
(2) The estimated long-range needs for solid waste handling
facilities projected twenty years into the future.
(3) A program for the orderly development of solid waste handling
facilities in a manner consistent with the plans for the entire county
which shall:
(a) Meet the minimum functional standards for solid waste handling
adopted by the department and all laws and regulations relating to air
and water pollution, fire prevention, flood control, and protection of
public health;
(b) Take into account the comprehensive land use plan of each
jurisdiction;
(c) Contain a six year construction and capital acquisition program
for solid waste handling facilities; and
(d) Contain a plan for financing both capital costs and operational
expenditures of the proposed solid waste management system.
(4) A program for surveillance and control.
(5) A current inventory and description of solid waste collection
needs and operations within each respective jurisdiction which shall
include:
(a) Any franchise for solid waste collection granted by the
utilities and transportation commission in the respective jurisdictions
including the name of the holder of the franchise and the address of
his or her place of business and the area covered by the franchise;
(b) Any city solid waste operation within the county and the
boundaries of such operation;
(c) The population density of each area serviced by a city
operation or by a franchised operation within the respective
jurisdictions;
(d) The projected solid waste collection needs for the respective
jurisdictions for the next six years.
(6) A comprehensive waste reduction and recycling element that, in
accordance with the priorities established in ((RCW 70.95.010)) section
303 of this act, provides programs that (a) reduce the amount of waste
generated, (b) ((provide incentives and mechanisms for)) require source
separation, and (c) establish reuse and recycling opportunities for the
source separated ((waste)) recyclable materials and products and
organic materials.
(7) The waste reduction and recycling element shall include the
following:
(a) Waste reduction strategies;
(b) Source separation strategies, including:
(i) In counties identified under RCW 70.95.110(2), programs for the
collection of source separated materials from residences in urban and
rural areas. In urban areas, these programs shall include collection
of source separated recyclable materials and products, organic
materials, and wastes from single and multiple family residences((,
unless the department approves an alternative program, according to the
criteria in the planning guidelines. Such criteria shall include:
Anticipated recovery rates and levels of public participation,
availability of environmentally sound disposal capacity, access to
markets for recyclable materials, unreasonable cost impacts on the
ratepayer over the six-year planning period, utilization of
environmentally sound waste reduction and recycling technologies, and
other factors as appropriate)). In rural areas, these programs shall
include but not be limited to drop-off boxes, buy-back centers, or a
combination of both, at each solid waste transfer, processing, or
disposal site, or at locations convenient to the residents of the
county. The drop-off boxes and buy-back centers may be owned or
operated by public, nonprofit, or private persons;
(ii) Programs to monitor the collection of source separated ((waste
at nonresidential sites where there is sufficient density to sustain a
program)) recyclable materials and products, organic materials, and
wastes; and
(iii) ((Programs to collect yard waste, if the county or city
submitting the plan finds that there are adequate markets or capacity
for composted yard waste within or near the service area to consume the
majority of the material collected; and)) Programs to educate ((
(iv)and promote the concepts of)) rate
payers and other generators about waste reduction and recycling and the
collection programs available within the jurisdiction;
(c) ((Recycling strategies, including a description of markets for
recyclables,)) A review of waste generation trends((,)) and a
description of waste composition((,));
(d) A discussion and description of existing programs and any
additional programs needed to assist public and private sector
((recycling, and)) participation in source separation and collection
programs and services;
(e) A description of the comprehensive commercial collection
services available to commercial generators and new services that will
be needed in order to provide those services to those without services
available;
(f) A plan to direct construction and demolition recyclable
materials to recycling facilities for materials recovery to the extent
achievable;
(g) An implementation schedule for the ((designation of specific
materials to be collected for recycling, and for the provision of
recycling)) provision of collection services; and
(((d))) (h) Other information the county or city submitting the
plan determines is necessary.
(8) ((An assessment of the plan's impact on the costs of solid
waste collection. The assessment shall be prepared in conformance with
guidelines established by the utilities and transportation commission.
The commission shall cooperate with the Washington state association of
counties and the association of Washington cities in establishing such
guidelines.)) A review of potential areas that meet the criteria as
outlined in RCW 70.95.165.
(9)
Sec. 309 RCW 70.95.092 and 1989 c 431 s 4 are each amended to
read as follows:
Levels of collection service shall be defined in the waste
reduction and recycling element of each local comprehensive solid waste
management plan and shall include the services set forth in RCW
70.95.090 and service areas as required in RCW 70.95.110. ((In
determining which service level is provided to residential and
nonresidential waste generators in each community, counties and cities
shall develop clear criteria for designating areas as urban or rural.
In designating urban areas, local governments shall consider the
planning guidelines adopted by the department, total population,
population density, and any applicable land use or utility service
plans.))
Sec. 310 RCW 70.95.100 and 1989 c 431 s 6 are each amended to
read as follows:
(1) The department or the commission, as appropriate, shall provide
to counties and cities technical assistance including, but not limited
to, planning guidelines, in the preparation, review, and revision of
local comprehensive solid waste management plans required by this
chapter. Guidelines prepared under this section shall be consistent
with the provisions of this chapter. Guidelines for the preparation of
the waste reduction and recycling element of the comprehensive solid
waste management plan shall be completed by the department by ((March
15, 1990)) July 1, 2010. ((These guidelines shall provide
recommendations to local government on materials to be considered for
designation as recyclable materials.)) The state solid waste
management plan prepared pursuant to RCW 70.95.260 shall be consistent
with these guidelines.
(2) The department shall be responsible for development and
implementation of a comprehensive statewide public information program
designed to ((encourage waste reduction, source separation, and
recycling by the public)) inform the public about the waste reduction,
source separation, recycling, and universal collection requirements of
this chapter. The department shall operate a toll free hot line to
provide the public information on waste reduction and recycling.
(3) The department shall provide technical assistance to local
governments in the development and dissemination of informational
materials and related activities to assure recognition of unique local
waste reduction and recycling programs.
(4) Local governments shall make all materials and information
developed with the assistance grants provided under RCW 70.95.130
available to the department for potential use in other areas of the
state.
(5) The department shall provide model ordinances to local
governments to address construction and demolition waste and recyclable
materials.
Sec. 311 RCW 70.95.110 and 1991 c 298 s 4 are each amended to
read as follows:
(1)(a) The local comprehensive ((county)) solid waste management
plans ((and any comprehensive city solid waste management plans))
prepared in accordance with RCW 70.95.080 shall be maintained in a
current condition and reviewed and revised periodically by counties and
cities as may be required by the department. Upon each review such
plans shall be extended to show long-range needs for solid waste
handling facilities for twenty years in the future, and a revised
construction and capital acquisition program for six years in the
future. Each revised solid waste management plan shall be submitted to
the department.
(b) Each plan shall be reviewed and revised within five years of
July 1, ((1984)) 2010, and thereafter shall be reviewed every five
years, and revised if necessary according to the schedule provided in
subsection (2) of this section.
(2) ((Cities and counties preparing solid waste management plans
shall submit the waste reduction and recycling element required in RCW
70.95.090 and any revisions to other elements of its comprehensive
solid waste management plan to the department no later than:)) The updated plans are due according to the
planning schedule in this subsection and must include a description of
collection services for all contiguous incorporated and unincorporated
areas with a population density of three hundred thirty-three persons
per square mile:
(a) July 1, 1991, for class one areas: PROVIDED, That portions
relating to multiple family residences shall be submitted no later than
July 1, 1992;
(b) July 1, 1992, for class two areas; and
(c) July 1, 1994, for class three areas.
Thereafter, each plan shall be reviewed and revised, if necessary,
at least every five years. Nothing in chapter 431, Laws of 1989 shall
prohibit local governments from submitting a plan prior to the dates
listed in this subsection
(a) July 1, 2011, for the counties of Clark, King, Kitsap, Pierce,
Snohomish, and Spokane and all the cities therein;
(b) July 1, 2012, for the counties of Benton, Franklin, Walla
Walla, and Yakima and all the cities therein;
(c) July 1, 2013, for the counties of Cowlitz, Grays Harbor,
Island, Lewis, Mason, Skagit, Thurston, and Whatcom and all the cities
therein; and
(d) July 1, 2014, for the counties of Chelan, Clallam, and Grant
and all the cities therein.
(3) ((The classes of areas are defined as follows:)) (a) Participation in source separation and collection services
as required by this chapter is optional for:
(a) Class one areas are the counties of Spokane, Snohomish, King,
Pierce, and Kitsap and all the cities therein.
(b) Class two areas are all other counties located west of the
crest of the Cascade mountains and all the cities therein.
(c) Class three areas are the counties east of the crest of the
Cascade mountains and all the cities therein, except for Spokane
county
(i) The counties of Adams, Asotin, Douglas, Ferry, Garfield,
Jefferson, Kittitas, Klickitat, Whitman, Lincoln, Pacific, Pend
Oreille, Okanogan, Columbia, San Juan, Skamania, Stevens, and
Wahkiakum. This does not exempt these planning jurisdictions from
reviewing and updating as necessary their plans at least every five
years; and
(ii) Any city with a population of one thousand five hundred or
less that is only bordered by an unincorporated area of a county within
the counties required to write plan updates.
(b) If these jurisdictional areas do choose to participate, their
plans are due by July 1, 2016.
(4) Cities and counties shall begin implementing the programs to
collect source separated materials no later than one year following the
adoption and approval of the waste reduction and recycling element and
these programs shall be fully implemented within two years of approval.
Sec. 312 RCW 70.95.167 and 1991 c 319 s 402 are each amended to
read as follows:
(1) Each local solid waste advisory committee shall conduct one or
more meetings for the purpose of determining how local private
recycling and solid waste collection businesses may participate in the
development and implementation of programs to collect source separated
materials from residences, and to process and market materials
collected for recycling. The meetings shall include local private
recycling businesses, private solid waste collection companies
operating within the jurisdiction, and the local solid waste planning
agencies. The meetings shall be held during the development of the
waste reduction and recycling element or no later than one year prior
to the date that a jurisdiction is required (([to])) to submit the
element under RCW 70.95.110(2).
(2) The meeting requirement under subsection (1) of this section
shall apply whenever a city or county develops or amends the waste
reduction and recycling element required under this chapter.
Jurisdictions having approved waste reduction and recycling elements or
having initiated a process for the selection of a service provider as
of May 21, 1991, do not have to comply with the requirements of
subsection (1) of this section until the next revisions to the waste
reduction and recycling element are made or required.
(3) After the waste reduction and recycling element is approved by
the local legislative authority but before it is submitted to the
department for approval, the local solid waste advisory committee shall
hold at least one additional meeting to review the element.
(4) For the purpose of this section, "private recycling business"
means any private for-profit or private not-for-profit business that
engages in the processing and marketing of recyclable materials or
reclaiming materials and usable products for reuse.
Sec. 313 RCW 70.95.212 and 1993 c 300 s 3 are each amended to
read as follows:
To provide solid waste collection companies with sufficient time to
prepare and submit tariffs and rate filings for public comment and
commission approval, the owner or operator of a materials recovery
facility, transfer station, landfill, or facility used to burn solid
waste shall provide seventy-five days' notice to solid waste collection
companies of any change in tipping fees and disposal rate schedules.
The notice period shall begin on the date individual notice to a
collection company is delivered to the company or is postmarked.
A collection company may agree to a shorter notice period:
PROVIDED, That such agreement by a company shall not affect the notice
requirements for rate filings under RCW 81.28.050.
The owner of a materials recovery facility, transfer station,
landfill, or facility used to burn solid waste may agree to provide
companies with a longer notice period.
"Solid waste collection companies" as used in this section means
the companies regulated by the commission pursuant to chapter 81.77
RCW.
Sec. 314 RCW 70.95.260 and 1995 c 399 s 189 are each amended to
read as follows:
The department shall in addition to its other powers and duties:
(1) Cooperate with the appropriate federal, state, interstate and
local units of government and with appropriate private organizations in
carrying out the provisions of this chapter.
(2) Coordinate the development of a solid waste management plan for
all areas of the state in cooperation with local government, the
department of community, trade, and economic development, and other
appropriate state and regional agencies. The plan shall relate to
solid waste management for twenty years in the future and shall be
reviewed biennially, revised as necessary, and extended so that
perpetually the plan shall look to the future for twenty years as a
guide in carrying out a state coordinated solid waste management
program. The plan shall be developed into a single integrated document
and shall be adopted no later than ((October 1990)) July 1, 2010. The
plan shall be revised ((regularly)) at least every five years after its
initial completion so that local governments revising local
comprehensive solid waste management plans can take advantage of the
data and analysis in the state plan.
(3) Provide technical assistance to any person as well as to
cities, counties, and industries.
(4) Initiate, conduct, and support research, demonstration
projects, and investigations, and coordinate research programs
pertaining to solid waste management systems.
(5) Develop statewide programs to increase public awareness of and
participation in tire recycling, and to stimulate and encourage local
private tire recycling centers and public participation in tire
recycling.
(6) May, under the provisions of the administrative procedure act,
chapter 34.05 RCW, as now or hereafter amended, from time to time
promulgate such rules and regulations as are necessary to carry out the
purposes of this chapter.
Sec. 315 RCW 70.95.263 and 1998 c 245 s 131 are each amended to
read as follows:
The department shall in addition to its other duties and powers
under this chapter:
(1) Prepare the following:
(a) ((A management system for recycling waste paper generated by
state offices and institutions in cooperation with such offices and
institutions;)) An evaluation of existing and potential systems for recovery
of energy and materials from solid waste with recommendations to
affected governmental agencies as to those systems which would be the
most appropriate for implementation;
(b)
(((c))) (b) A data management system to evaluate and assist the
progress of state and local jurisdictions and private industry in
((resource recovery)) meeting the goals and objectives of section 304
of this act;
(((d))) (c) Identification of potential markets, in cooperation
with private industry, for recovered resources and the impact of the
distribution of such resources on existing markets;
(((e))) (d) Studies on methods of transportation, collection,
reduction, separation, and packaging which will encourage more
efficient utilization of existing ((waste recovery)) management and
materials reuse and recycling facilities;
(((f))) (e) Recommendations on incentives, including state grants,
loans, and other assistance, to local governments which will
((encourage the recovery)) increase the reduction, reuse, and recycling
of solid wastes.
(2) Provide technical information and assistance to state and local
jurisdictions, the public, and private industry on source separation,
solid waste ((recovery and/or)) reduction, management, and materials
recycling.
(3) Procure and expend funds available from federal agencies and
other sources to assist the implementation by local governments of
solid waste recovery and/or recycling programs, and projects.
(4) Conduct necessary research and studies to carry out the
purposes of this chapter.
(5) ((Encourage and assist local governments and private industry
to develop pilot solid waste recovery and/or recycling projects.)) Monitor, assist with research, and collect data for use in
assessing feasibility for others to develop solid waste ((
(6)recovery
and/or)) reduction, management, reuse, and recycling projects.
Sec. 316 RCW 70.95.285 and 1988 c 184 s 2 are each amended to
read as follows:
The comprehensive, statewide solid waste stream analysis under RCW
70.95.280 shall be based on representative solid waste generation areas
and solid waste generation sources within the state. The following
information and evaluations shall be included:
(1) Solid waste generation rates for each category;
(2) The rate of recycling being achieved within the state for each
category of solid waste;
(3) The current and potential rates of solid waste reduction within
the state;
(4) Greenhouse gas reductions potentially available and greenhouse
gas reductions realized through reduction, reuse, and recycling of
solid wastes;
(5) A technological assessment of current solid waste reduction and
recycling methods and systems, including cost/benefit analyses;
(((5) An assessment of the feasibility of segregating solid waste
at: (a) The original source, (b) transfer stations, and (c) the point
of final disposal;))
(6) A review of methods that will increase the rate of solid waste
reduction; and
(7) An assessment of new and existing technologies that are
available for solid waste management including an analysis of the
associated environmental risks and costs.
The data required by the analysis under this section shall be
((kept current)) updated at least every four years and shall be
available to local governments and the waste management industry.
Sec. 317 RCW 81.77.185 and 2002 c 299 s 6 are each amended to
read as follows:
(1) The commission shall allow solid waste collection companies
collecting recyclable materials to retain up to thirty percent of the
revenue paid to the companies for the material if the companies submit
a plan to the commission that is certified by the appropriate local
government authority as being consistent with the local government
solid waste plan and that demonstrates how the revenues will be used to
increase recycling. The remaining revenue shall be passed to
residential customers.
(2) By December 2, ((2005)) 2013, the commission shall provide a
report to the legislature that evaluates:
(a) The effectiveness of revenue sharing as an incentive to
increase recycling in the state; and
(b) The effect of revenue sharing on costs to customers.
NEW SECTION. Sec. 318 The legislature finds that:
(1) Convenient and environmentally sound product stewardship
programs that include collecting, transporting, and recycling of
unwanted products will help protect Washington's environment and the
health of state residents;
(2) Product producers should finance and provide these programs.
The programs are intended to encourage producers to design products
that have a lower carbon footprint, are less toxic and energy and
material intensive, and are more reusable or recyclable than other
products; and
(3) It is appropriate to designate the products specified in
section 333 of this act as covered products that are subject to product
stewardship programs.
NEW SECTION. Sec. 319 The definitions in this section apply
throughout this chapter unless the context clearly requires otherwise.
(1) "Brand" means a name, symbol, word, or mark that identifies a
product, rather than its components, and attributes the covered product
to the owner of the brand as the producer.
(2) "Covered entity" means an entity, such as a resident or small
business, that can use a product stewardship program to discard an
unwanted product.
(3) "Covered product" means a product designated by the department
as covered by this chapter under section 335 of this act, either
individually or as an item within a covered product category. "Covered
product" includes all materials that make up a covered product.
(4) "Covered product category" means a group of similar products
designated by the department as covered by this chapter under section
335 of this act.
(5) "Department" means the department of ecology.
(6) "Final disposition" means the point beyond which no further
action takes place and materials from an unwanted product are either in
a form capable of direct use as a feedstock in producing new products
or disposed of or managed in permitted facilities.
(7) "Hazardous substances" or "hazardous materials" means those
substances or materials identified under rules adopted under the state
hazardous waste management act, chapter 70.105 RCW.
(8) "Organization" includes a sole proprietorship, partnership,
corporation, nonprofit corporation or organization, limited liability
company, firm, association, cooperative, or other legal entity located
within or outside Washington state.
(9) "Orphan product" means a covered product that lacks a
producer's brand, or for which the producer is no longer in business
and has no successor in interest, or that bears a brand for which the
department cannot identify an owner.
(10) "Processing" means recovering materials from unwanted products
for use as feedstock in new products.
(11) "Producer" means a person who:
(a) Has legal ownership of the brand, brand name, or cobrand of a
covered product sold in or into Washington state;
(b) Imports a covered product branded by a producer that meets (a)
of this subsection and where that producer has no physical presence in
the United States;
(c) If (a) and (b) of this subsection do not apply, makes an
unbranded product that is sold in or into Washington state; or
(d) Sells at wholesale or retail a covered product, does not have
legal ownership of the brand, and elects to fulfill the
responsibilities of the producer for that product.
(12) "Product stewardship" means a requirement for a producer of a
covered product to manage and reduce adverse safety, health, and
environmental impacts of the covered product throughout its life cycle.
(13) "Product stewardship plan" or "plan" means a detailed plan
describing the manner in which a product stewardship program will be
implemented.
(14) "Product stewardship program" or "program" means a program
financed and provided by producers of covered products that addresses
product stewardship and includes collecting, transporting, reuse
processing, and final disposition of unwanted products, including a
fair share of orphan products.
(15) "Recycling" means transforming or remanufacturing unwanted
products into usable or marketable materials for use other than
landfill disposal or incineration. Recycling does not include energy
recovery or energy generation by means of combusting unwanted products
with or without other waste.
(16) "Reporting period" means the period commencing January 1st and
ending December 31st in the same calendar year.
(17) "Residuals" means nonrecyclable materials left over from
processing an unwanted product.
(18) "Reuse" means a change in ownership of a covered product or
its components and parts for use in the same manner and purpose for
which it was originally purchased.
(19) "Stakeholder" means a person who may have an interest in or be
affected by a product stewardship program.
(20) "Stewardship organization" means an organization designated by
a producer to act as an agent on behalf of the producer to operate a
product stewardship program.
(21) "Unwanted product" means a covered product no longer wanted by
its owner or that has been abandoned, discarded, or is intended to be
discarded by its owner.
NEW SECTION. Sec. 320 (1) Every producer of a covered product
sold in or into Washington state must participate in a product
stewardship program for that product. Every producer must:
(a) Operate, either individually or collectively with other
producers, a product stewardship program approved by the department; or
(b) Enter into an agreement with a stewardship organization to
operate, on the producer's behalf, a product stewardship program
approved by the department.
(2) Product stewardship programs shall collect, free of charge,
unwanted products from covered entities for reuse or final disposition.
(3) A producer, group of producers, or stewardship organization
operating a product stewardship program shall:
(a) Comply with a product stewardship plan approved by the
department and this chapter, any rules adopted by the department to
implement this chapter, and all other applicable laws and rules; and
(b) Pay all administrative and operational costs associated with
their program.
(4) No product stewardship program required under this chapter may
use federal or state prison labor for processing unwanted products.
NEW SECTION. Sec. 321 (1) Except as provided in this section,
all unwanted products that have been collected by a product stewardship
program must be reused or recycled.
(2) The department shall determine whether covered products
designated by the department pursuant to the process specified in
section 334 of this act are reusable or recyclable pursuant to the
procedure specified in that section. In either case, if the department
determines that an unwanted product is not reusable or recyclable, the
product stewardship program must include a waste reduction strategy
pertaining to that product. If reuse or recycling options for an
unwanted product thereafter change, the department must adopt rules
requiring reuse or recycling of the unwanted product.
(3) Unwanted products that cannot be reused or recycled and
residuals must be disposed of or managed in permitted facilities,
including disposal or management of hazardous substances and hazardous
materials in permitted hazardous waste facilities.
NEW SECTION. Sec. 322 As of the implementation date established
for a covered product designated under section 334 of this act, no
producer, wholesaler, retailer, or other person may sell or offer for
sale that product to any person in this state unless the producer is
participating in a product stewardship program approved by the
department. A person selling or offering for sale a covered product in
the state shall consult the department's web site for a list of
producers of that product participating in approved programs prior to
selling the product in or into the state. A person is considered to
have complied with this section if, on the date the person ordered a
covered product from a producer or its agent, the producer was listed
as having an approved program on the department's web site.
NEW SECTION. Sec. 323 (1) A producer, group of producers, or
stewardship organization operating or intending to operate a product
stewardship program must, at least sixty days prior to submitting a
product stewardship plan to the department under subsection (2) of this
section, provide public notice of the plan it is considering for
submittal. The producer, group of producers, or stewardship
organization must consult with stakeholders during development of the
plan, solicit stakeholder comments, and attempt to address any
stakeholder concerns regarding the plan prior to submittal.
(2) A producer, group of producers, or stewardship organization
operating or intending to operate a product stewardship program must
submit a product stewardship plan to the department specifying:
(a) Information, including contact information, regarding:
(i) The organization submitting the plan;
(ii) A list of all participating producers; and
(iii) If the program is to be operated by a stewardship
organization, a description of management, administration, and tasks to
be performed by the stewardship organization;
(b) Recovery goals, including:
(i) Recovery goals for the first, second, and third years of the
program, expressed as pounds per capita, and an explanation of how
these goals reflect a significant percentage of an unwanted product
relative to the quantity of the unwanted product that may be available
for reuse or recycling; and
(ii) Plans to maximize recycling of packaging that may be
collected;
(c) A collection system, including:
(i) Location of collection sites and other collection services to
be used by the program;
(ii) A description of the consideration given as to whether the
existing curbside collection infrastructure is an appropriate
collection mechanism. If the curbside collection infrastructure is not
utilized by the plan, a written explanation must be provided citing the
reasons that curbside collection services are not included in the plan;
(iii) How unwanted products from all covered entities will be
collected for all cities in the state with populations greater than ten
thousand and in all counties of the state;
(iv) How the collection system will be convenient and adequate to
serve the needs of all covered entities in both urban and rural areas;
and
(v) How collected unwanted products will be transported to
processing facilities;
(d) A processing and disposal system, including:
(i) Locations, permit status, and records of any penalties,
violations, or regulatory orders received in the previous five years by
processing and disposal facilities proposed to be used by the program;
(ii) A third-party audit of each processing and disposal facility
proposed to be used by the program for any unwanted product or
residuals containing hazardous substances or hazardous materials,
documenting compliance with all applicable laws, regulations, and
rules;
(iii) Policies and procedures to be followed by persons collecting,
transporting, processing, and disposing of unwanted products, including
how the program will ensure compliance with all applicable laws,
regulations, and rules;
(iv) A description of how unwanted products will be processed at
each processing facility;
(v) How all residuals will be disposed of or managed in permitted
facilities, including disposal or management of all hazardous
substances and hazardous materials in permitted hazardous waste
facilities;
(vi) How hazardous substances and hazardous materials will be
safely and securely tracked and handled from collection to final
disposition in compliance with this chapter, any rules adopted by the
department to implement this chapter, and all other applicable laws and
rules; and
(vii) Best management practices that will be used by first
processors and their downstream vendors to ensure that hazardous
substances and hazardous materials are not released into the
environment and will not adversely impact human health;
(e) How the program will seek to use businesses within the state,
including retailers, processing facilities, and collection and
transportation services;
(f) Greenhouse gas reductions anticipated from implementing the
collection, transportation, and recycling system;
(g) A financing system, including:
(i) How the entire product stewardship program will be financed,
including how costs will be apportioned among and assessed upon
producers participating in the program;
(ii) Financial incentives to reward product design that result in
improved reuse or recycling and less toxicity where feasible;
(iii) A plan to withhold a percentage of funds to be managed by the
product stewardship program to increase markets for recyclable
materials or other financial incentives to encourage market development
for recyclable materials contained in covered products; and
(iv) How those providing services for the collection,
transportation, and processing systems will be fairly compensated for
their services;
(h) Strategies to manage and reduce life cycle impacts of products
and packaging, from product design to end-of-life management, including
ways to improve designing, packaging, and distributing products to:
(i) Reduce waste, energy, toxicity, carbon footprints, and other
environmental and health impacts;
(ii) Increase recycled content and product longevity; and
(iii) Make products more easily reusable or recyclable;
(i) How the producers participating in the program will communicate
with processors used by the program to encourage sustainable design of
products and packaging;
(j) Education and outreach activities, including:
(i) An educational campaign promoting the use of the program to
covered entities that includes a toll-free telephone number and web
site and that is sufficient to meet required recovery rates;
(ii) A plan for working with and providing information about the
program to retailers, wholesalers, collectors, and other interested
parties to disseminate to covered entities; and
(iii) The methodology for determining how the effectiveness of the
outreach activities will be measured; and
(k) Pursuant to subsection (1) of this section, the consultation
process, including:
(i) A description of the process used to consult with stakeholders
during development of the plan; and
(ii) A summary of stakeholder comments and how any stakeholder
concerns were addressed.
(3) The department shall approve the product stewardship plan when
all requirements have been met in compliance with this chapter and any
rules adopted by the department to implement this chapter.
(4) All plans submitted to the department must be made available to
the public on the department's web site. Proprietary information
submitted to the department under this chapter is exempt from public
disclosure under RCW 42.56.270.
NEW SECTION. Sec. 324 (1) A producer of a covered product, a
group of producers, or a stewardship organization must submit a
proposed product stewardship plan to the department at least one year
prior to a covered product's implementation date.
(2) Within ninety days after receiving a proposed product
stewardship plan, the department shall determine whether the plan
complies with this chapter and any rules adopted to implement this
chapter. If it approves a plan, the department shall notify the
applicant of its approval. If it rejects a plan, the department shall
notify the applicant of its decision and its reasons for rejecting the
plan. An applicant whose plan has been rejected by the department may
submit a revised plan to the department within sixty days after
receiving notice of the rejection.
(3) At least once every four years, a producer, group of producers,
or stewardship organization operating a product stewardship program
must update its product stewardship plan and submit the updated plan to
the department for review. The department must determine the status of
an updated plan within ninety days of its submittal. If the department
rejects an updated plan, the producer of a covered product
participating in the product stewardship program described in the plan
will be deemed to be out of compliance with this chapter.
NEW SECTION. Sec. 325 (1) Except as provided in subsections (2)
and (3) of this section, the department must grant prior approval, in
writing, to any proposed change to a product stewardship plan.
(2) Additions or changes to collection locations for unwanted
products may be made without the department's prior written approval.
The product stewardship program must inform the department of the
additions or changes within fifteen days of the occurrence.
(3) Additional producers may join a product stewardship program
approved by the department without the department's prior written
approval. The product stewardship program must inform the department
of the additions within fifteen days of the occurrence.
NEW SECTION. Sec. 326 (1) If the department determines that a
product stewardship program is not being operated in compliance with
the requirements of this chapter, any rules adopted by the department
to implement this chapter, or any other applicable laws, regulations,
or rules, or if the department determines that there is an imminent
danger to the public, the department may:
(a) Amend its approval of the program's product stewardship plan by
clarifying terms or conditions to ensure full implementation of the
plan; or
(b) Suspend or cancel its approval of the plan.
(2) At least thirty days prior to amending, suspending, or
canceling its approval of a product stewardship plan, the department
shall inform the producer, group of producers, or stewardship
organization operating the product stewardship program of its intended
action and provide them an opportunity to respond. The department may
extend this period for good cause.
(3) Notwithstanding subsection (2) of this section, if the
department determines that it is necessary to protect the public from
imminent danger, it may immediately amend, suspend, or cancel approval
of a product stewardship program's product stewardship plan without
giving the producer, group of producers, or stewardship organization
operating the program an opportunity to be heard. However, the
department shall give the operator an opportunity to be heard through
proceedings consistent with the administrative procedure act, chapter
34.05 RCW, within fifteen days after the date on which the department
takes any of those actions.
NEW SECTION. Sec. 327 (1) On or before June 30th of each year,
every producer, group of producers, or stewardship organization
operating a product stewardship program must prepare and submit to the
department an annual report describing the program's activities during
the previous reporting period, specifying:
(a) Information, including contact information, regarding:
(i) The organization submitting the report; and
(ii) A list of all participating producers;
(b) Recovery rates, including:
(i) The amount, by weight, of unwanted products collected from
covered entities in each county in the state, including documented
collection and reuse, recycling, or disposal of that material;
(ii) How the program attained recovery rates established in the
product stewardship plan or set by the department and, if the program
did not attain those recovery rates, what actions it will take during
the next reporting period to do so, including how it will increase and
improve effective, measurable outreach and education efforts;
(c) The collection system, including collection locations and
services provided for all cities in the state with populations greater
than ten thousand and in all counties in the state;
(d) The processing and disposal system, including:
(i) A list of processing and disposal facilities used and locations
of those facilities, the weight of unwanted products processed at each
processing facility and disposed at each disposal facility, and a
description of the methods used at each processing facility;
(ii) A list of subcontractors used through final disposition that
processed or disposed of unwanted products containing hazardous
substances or hazardous materials, and subcontractor facility
locations;
(iii) Documentation and summary results of annual third-party
audits conducted on each processing facility and disposal facility as
required in section 323 of this act;
(iv) If an unwanted product is exempted from the reuse or recycling
requirement in section 321 of this act, how the unwanted product was
disposed of or managed in appropriate, properly permitted facilities,
including disposal or management of hazardous substances or hazardous
materials in appropriate, properly permitted hazardous waste
facilities;
(v) Final disposition of residuals;
(vi) Any penalties, violations, or regulatory orders received
during the reporting period by each processing facility or disposal
facility that was used;
(vii) Whether policies and procedures in the product stewardship
plan for collecting, transporting, processing, and final disposition of
unwanted products were followed during the reporting period, and a
description of any noncompliance;
(e) The financing system, including a description of how the system
met the requirements in section 323 of this act;
(f) The education and outreach activities implemented during the
reporting period, including the effectiveness of the education and
outreach activities;
(g) Results of any actions taken to manage and reduce life cycle
impacts of products and packaging, as described in section 323(2)(h) of
this act;
(h) How the product stewardship program complied with any other
elements in the plan approved by the department; and
(i) Any other information that the department may reasonably
require.
(2) A producer, group of producers, or stewardship organization
operating a product stewardship program meeting the following
conditions is only required to report to the department information
specified in subsection (1)(a), (b), (c), (g), and (i) of this section:
(a) All unwanted products collected by the product stewardship
program neither contained hazardous substances nor hazardous materials
nor used hazardous substances or hazardous materials in the production
process;
(b) The product stewardship program attained a ninety percent
recovery rate of all unwanted products that were produced by producers
participating in the program and a reuse or recycling rate of eighty
percent of materials contained in such products; and
(c) All unwanted products collected by the product stewardship
program were carbon neutral in production and use.
(3) All reports submitted to the department must be made available
to the public on the department's web site. Proprietary information
submitted to the department under this chapter is exempt from public
disclosure under RCW 42.56.270.
NEW SECTION. Sec. 328 (1) The department shall provide on its
web site a list of all producers participating in product stewardship
programs it has approved and a list of all producers it has identified
as noncompliant with this chapter and any rules adopted to implement
this chapter.
(2) Wholesalers, retailers, and other persons shall check the
department's web site to determine if producers of covered products
they are selling in or into the state are compliant with this chapter
and any rules adopted to implement this chapter. If a wholesaler,
retailer, or other person is unsure of the status of a producer or
believes that a producer is not compliant, they shall contact the
department to determine the producer's status.
(3) The department shall send a written warning and copies of this
chapter and any rules adopted to implement this chapter to a producer
who is not participating in a product stewardship program approved by
the department and whose covered product is being sold in or into the
state. The department shall also send a written warning and a copy of
this chapter and any rules adopted to implement this chapter to a
wholesaler, retailer, or other person known to be selling the covered
product in or into the state.
(4) A producer not participating in a product stewardship program
approved by the department whose covered product continues to be sold
in or into the state sixty days after receiving a written warning from
the department, and a wholesaler, retailer, or other person who
continues to sell a covered product from a producer not participating
in an approved product stewardship program sixty days after receiving
a written warning from the department, must be assessed a ten thousand
dollar penalty. The department may waive or reduce the penalty if the
producer, wholesaler, retailer, or other person complies with this
chapter and any rules adopted to implement this chapter, or for any
other reason the department determines to be justified.
(5) The department shall send a written warning to a producer,
group of producers, or stewardship organization operating a product
stewardship program that fails to submit a product stewardship plan,
updated plan, proposed change to a plan, or annual report as required
in this chapter. The written warning must include compliance
requirements and notification that the requirements must be met within
sixty days. If compliance requirements are not met within sixty days,
the producer, group of producers, or stewardship organization must be
assessed a ten thousand dollar penalty. The department may waive or
reduce the penalty if the producer, group of producers, or stewardship
organization complies with this chapter and any rules adopted to
implement this chapter, or for any other reason the department
determines to be justified.
(6) Each calendar day of a violation is a separate and distinct
offense.
NEW SECTION. Sec. 329 (1) By June of the third program year for
each product or product category, the department shall establish
required recovery rates for the fourth and subsequent program operating
years, and must establish a system of penalties for producers and
product stewardship programs that do not attain the required recovery
rates.
(2) By December 31, 2014, the department shall report to
appropriate committees of the legislature concerning the status of the
program administered under this chapter and, if necessary, recommend
legislation.
(3) The department, or its designee, may inspect, audit, or review
audits of processing and disposal facilities used to fulfill the
requirements of a product stewardship program.
(4) The department shall annually invite comments from local
governments, communities, and citizens to report their satisfaction
with services provided by product stewardship programs. This
information must be used by the department in reviewing proposed
updates or changes to product stewardship plans.
NEW SECTION. Sec. 330 The department may establish fees for
administering this chapter. Fees may be charged to the producers and
must be paid annually by January 1st of each year. Fees may be
established in amounts to fully recover and not to exceed expenses
incurred by the department in administering this chapter.
NEW SECTION. Sec. 331 The product stewardship programs account
is created in the custody of the state treasurer. All receipts from
fees and penalties collected under this chapter must be deposited in
the account. Expenditures from the account may be used only for
administering this chapter. Only the director of the department or the
director's designee may authorize expenditures from the account. The
account is subject to the allotment procedures under chapter 43.88 RCW,
but an appropriation is not required for expenditures.
NEW SECTION. Sec. 332 (1) The department shall adopt rules under
the administrative procedure act, chapter 34.05 RCW, to implement this
chapter including, at a minimum:
(a) Program operating rules;
(b) A process for designating covered products and covered product
categories and for determining whether these products or product
categories are reusable or recyclable;
(c) A process for determining whether reduced reporting
requirements in section 327 of this act apply;
(d) A process for setting recovery rates for the fourth and
subsequent operating years of a program and for adjusting recovery
rates; and
(e) An enforcement process.
(2) The department shall designate covered products and covered
product categories under section 334 of this act by rule. The
department must provide notice to appropriate standing committees of
the legislature prior to designating a covered product or covered
product category.
NEW SECTION. Sec. 333 (1) Covered product and covered product
categories designated under this chapter as initial priority products
include:
(a) Carpet.
(i) For the purposes of this section, "carpet" means fabric or
textile floor covering and padding beneath the fabric and textile floor
covering.
(ii) Covered entities include all sources of postconsumer carpet
including residents, businesses, governments, charities, and
institutions.
(iii) Carpet that has been collected by product stewardship
programs must be reused or recycled, unless otherwise determined by the
department by rule.
(iv) Product stewardship programs for carpet must be fully
implemented by July 1, 2011.
(b) Mercury-containing lights.
(i) For the purposes of this section, "mercury-containing lights"
means lamps, bulbs, tubes, or other devices that contain mercury and
provide functional illumination in homes, offices, and outdoors.
(ii) Covered entities include residents and small businesses.
(iii) Mercury-containing lights that have been collected by product
stewardship programs must be recycled unless otherwise determined by
the department by rule. Mercury and mercury-bearing residuals from
recycling of general purpose lights must be retorted in properly
permitted facilities. Mercury recovered from retorting must be
recycled or placed in a properly permitted, monitored hazardous waste
landfill, storage, or disposal repository to avoid reintroduction into
the marketplace. When available, mercury recovered from retorting must
be placed in a properly permitted, monitored permanent mercury
repository to avoid reintroduction into the marketplace and it shall
not be recycled.
(iv) Product stewardship programs for mercury-containing lights
must be fully implemented by January 1, 2011.
(c) Out-of-service mercury-added thermostats.
(i) For the purposes of this section, "mercury-added thermostat"
means a product or device that uses a mercury switch to sense and
control room temperature through communication with heating,
ventilating, or air conditioning equipment. A mercury-added thermostat
includes thermostats used to sense and control room temperature in
residential, commercial, industrial, and other buildings but does not
include a thermostat used to sense and control temperature as part of
a manufacturing process. For the purposes of this section, "out-of-service mercury-added thermostat" means a mercury-added thermostat that
is removed from a building or facility in this state and is intended to
be discarded.
(ii) Covered entities include all sources of out-of-service
mercury-added thermostats including residents, businesses, governments,
charities, and institutions.
(iii) Out-of-service mercury-added thermostats that have been
collected by product stewardship programs must be reused or recycled,
unless otherwise determined by the department by rule. Mercury and
mercury-bearing residuals from recycling of mercury-added thermostats
must be retorted in properly permitted facilities. Mercury recovered
from retorting must be recycled or placed in a properly permitted,
monitored hazardous waste landfill, storage, or disposal repository to
avoid reintroduction into the marketplace. When available, mercury
recovered from retorting must be placed in a properly permitted,
monitored permanent mercury repository to avoid reintroduction into the
marketplace and it shall not be recycled.
(iv) Product stewardship programs for out-of-service mercury-added
thermostats must be fully implemented by January 1, 2011.
(d) Paint, including the plastic and metal containers containing
the paint that is collected.
(i) For the purposes of this section, "paint" means interior and
exterior architectural coatings including: Paints, enamels, clear
finishes, sealers, undercoatings, primers, tinting bases, and stains
purchased for commercial and homeowner use, but not including coatings
purchased for industrial and original equipment manufacturer use.
(ii) Covered entities include residents, small governments, small
businesses, and charities.
(iii) Paint, including the related plastic and metal containers,
that has been collected by product stewardship programs must be reused
or recycled unless otherwise determined by the department by rule.
(iv) Product stewardship programs for paint, including the plastic
and metal containers containing the paint, must be fully implemented by
January 1, 2011.
(e) Rechargeable batteries.
(i) For the purposes of this section "rechargeable battery"
includes:
(A) One or more nickel cadmium, nickel metal hydride, sealed lead
acid, lithium ion, lithium polymer, or nickel zinc voltaic or galvanic
cells electrically connected to produce electric energy, that weighs
less than one kilogram, is easily removable, and is designed to be
recharged for repeated uses; and
(B) Any type of enclosed device or sealed container weighing less
than one kilogram consisting of one or more such cells, including what
is commonly called a battery pack.
(ii) For the purposes of this section, "rechargeable battery" does
not include:
(A) A battery used as the principal electric power source for a
vehicle such as, but not limited to, an automobile, boat, truck,
tractor, golf cart, or wheelchair;
(B) A lead-acid battery weighing more than two pounds;
(C) A battery used for load leveling or for storage of electricity
generated by an alternative energy source, such as a solar cell or
wind-driven generator that weighs more than one kilogram consisting of
one or more such cells; or
(D) A battery used as a backup power source for memory or program
instruction storage, timekeeping, or any similar purpose that requires
uninterrupted electrical power in order to function if the primary
energy supply fails or fluctuates momentarily.
(iii) Covered entities include all sources of rechargeable
batteries including residents, businesses, governments, charities, and
institutions.
(iv) Rechargeable batteries that have been collected by product
stewardship programs must be reused or recycled. Mercury and mercury-bearing residuals from recycling of rechargeable batteries must be
retorted in properly permitted facilities. Mercury recovered from
retorting must be recycled or placed in a properly permitted, monitored
hazardous waste landfill, storage, or disposal repository to avoid
reintroduction into the marketplace. When available, mercury recovered
from retorting must be placed in a properly permitted, monitored
permanent mercury repository to avoid reintroduction into the
marketplace and it shall not be recycled.
(v) Product stewardship programs for rechargeable batteries must be
fully implemented by January 1, 2011.
(2) The department may adopt rules to implement this section and to
determine:
(a) Any unique management requirements including, without
limitation, special collection, processing, and final disposition
requirements for an unwanted product containing hazardous substances or
hazardous materials;
(b) Labeling requirements for producers, if any, such as brand,
toxicity, or carbon footprint; and
(c) Any other issues the department deems necessary for
implementing this section.
NEW SECTION. Sec. 334 (1) At least every two years, commencing
on the effective date of this section, the department shall consider
and evaluate products and product categories to designate as covered
products or covered product categories under this chapter.
(2) The public, including producers, may petition the department to
consider products and product categories to designate as covered
products or covered product categories under this chapter. The
department shall establish a procedure for review of these petitions
during the process specified in subsection (3) of this section.
(3) In designating covered products or covered product categories,
the department must consider:
(a) Environmental and health impacts, including:
(i) Climate change impacts and benefits;
(ii) Potential energy conservation;
(iii) Public and environmental health and safety;
(iv) Potential resource recovery and material conservation;
(v) Product toxicity;
(vi) Opportunities for reducing waste and toxicity;
(vii) Opportunities for increasing reuse or recycling, recycled
content, and design for reuse or recycling;
(viii) A product's potential to act as a contaminant in recycling
programs;
(ix) Concerns about disposing of a product in the waste stream; and
(x) Success in addressing similar products and product categories
in other product stewardship programs in the United States and
internationally.
(b) Public and business benefits and interest, including:
(i) Management costs to local governments, taxpayers, and solid
waste ratepayers in the absence of product stewardship programs;
(ii) Difficulty in managing traditional curbside collection and
other standard government solid waste management systems;
(iii) Opportunities for existing and new businesses and
infrastructure to manage products or product categories proposed for
designation and to use or increase markets for materials recovered from
these products or product categories with a preference for in-state
opportunities;
(iv) Public demand; and
(v) Recommendations of the product stewardship advisory committee
established in section 335 of this act.
(4) Through the designation process, the department must determine:
(a) Covered entities for a product or product category;
(b) Implementation dates;
(c) Whether a product or product category is reusable or
recyclable;
(d) Any unique management requirements including, without
limitation, special collection, processing, and final disposition
requirements for an unwanted product containing hazardous substances or
hazardous materials;
(e) Labeling requirements for producers, if any, such as brand,
toxicity, or carbon footprint; and
(f) Whether a covered product or covered product category's
packaging should also be designated as a covered product.
NEW SECTION. Sec. 335 (1) The department must appoint a product
stewardship advisory committee consisting of up to fifteen members that
includes representatives of local governments, consumer advocacy
groups, environmental groups, businesses, and four legislative members,
one from each major caucus of the house of representatives and senate.
House of representatives members must be designated by the speaker of
the house of representatives and senate members must be designated by
the president of the senate.
(2) The department must consult the advisory committee regarding
designation of new covered products and covered product categories,
covered entities, implementation dates, reusability or recyclability of
the product, management requirements, labeling requirements, and other
matters requested by the department.
(3) The advisory committee shall review and provide comment on the
department's recommendations regarding designation of new covered
products and covered product categories.
NEW SECTION. Sec. 336 Nothing in this chapter changes or limits
the authority of the Washington utilities and transportation commission
to regulate collection of solid waste, including curbside collection of
residential recyclable materials, nor does this chapter change or limit
the authority of a city or town to provide such service itself or by
contract under RCW 81.77.020.
NEW SECTION. Sec. 337 A producer, group of producers, or
stewardship organization and its officers, members, employees, and
agents that organize a product stewardship program required under this
chapter are authorized to engage in anticompetitive conduct to the
extent necessary to plan and implement a program, and are immune from
liability under state laws regarding antitrust, restraint of trade,
unfair trade practices, and other regulation of trade and commerce.
NEW SECTION. Sec. 338 This chapter must be liberally construed
to carry out its purposes and objectives.
Sec. 339 RCW 42.56.270 and 2008 c 306 s 1 are each amended to
read as follows:
The following financial, commercial, and proprietary information is
exempt from disclosure under this chapter:
(1) Valuable formulae, designs, drawings, computer source code or
object code, and research data obtained by any agency within five years
of the request for disclosure when disclosure would produce private
gain and public loss;
(2) Financial information supplied by or on behalf of a person,
firm, or corporation for the purpose of qualifying to submit a bid or
proposal for (a) a ferry system construction or repair contract as
required by RCW 47.60.680 through 47.60.750 or (b) highway construction
or improvement as required by RCW 47.28.070;
(3) Financial and commercial information and records supplied by
private persons pertaining to export services provided under chapters
43.163 and 53.31 RCW, and by persons pertaining to export projects
under RCW 43.23.035;
(4) Financial and commercial information and records supplied by
businesses or individuals during application for loans or program
services provided by chapters 43.325, 43.163, 43.160, 43.330, and
43.168 RCW, or during application for economic development loans or
program services provided by any local agency;
(5) Financial information, business plans, examination reports, and
any information produced or obtained in evaluating or examining a
business and industrial development corporation organized or seeking
certification under chapter 31.24 RCW;
(6) Financial and commercial information supplied to the state
investment board by any person when the information relates to the
investment of public trust or retirement funds and when disclosure
would result in loss to such funds or in private loss to the providers
of this information;
(7) Financial and valuable trade information under RCW 51.36.120;
(8) Financial, commercial, operations, and technical and research
information and data submitted to or obtained by the clean Washington
center in applications for, or delivery of, program services under
chapter 70.95H RCW;
(9) Financial and commercial information requested by the public
stadium authority from any person or organization that leases or uses
the stadium and exhibition center as defined in RCW 36.102.010;
(10)(a) Financial information, including but not limited to account
numbers and values, and other identification numbers supplied by or on
behalf of a person, firm, corporation, limited liability company,
partnership, or other entity related to an application for a horse
racing license submitted pursuant to RCW 67.16.260(1)(b), liquor
license, gambling license, or lottery retail license;
(b) Internal control documents, independent auditors' reports and
financial statements, and supporting documents: (i) Of house-banked
social card game licensees required by the gambling commission pursuant
to rules adopted under chapter 9.46 RCW; or (ii) submitted by tribes
with an approved tribal/state compact for class III gaming;
(11) Proprietary data, trade secrets, or other information that
relates to: (a) A vendor's unique methods of conducting business; (b)
data unique to the product or services of the vendor; or (c)
determining prices or rates to be charged for services, submitted by
any vendor to the department of social and health services for purposes
of the development, acquisition, or implementation of state purchased
health care as defined in RCW 41.05.011;
(12)(a) When supplied to and in the records of the department of
community, trade, and economic development:
(i) Financial and proprietary information collected from any person
and provided to the department of community, trade, and economic
development pursuant to RCW 43.330.050(8); and
(ii) Financial or proprietary information collected from any person
and provided to the department of community, trade, and economic
development or the office of the governor in connection with the
siting, recruitment, expansion, retention, or relocation of that
person's business and until a siting decision is made, identifying
information of any person supplying information under this subsection
and the locations being considered for siting, relocation, or expansion
of a business;
(b) When developed by the department of community, trade, and
economic development based on information as described in (a)(i) of
this subsection, any work product is not exempt from disclosure;
(c) For the purposes of this subsection, "siting decision" means
the decision to acquire or not to acquire a site;
(d) If there is no written contact for a period of sixty days to
the department of community, trade, and economic development from a
person connected with siting, recruitment, expansion, retention, or
relocation of that person's business, information described in (a)(ii)
of this subsection will be available to the public under this chapter;
(13) Financial and proprietary information submitted to or obtained
by the department of ecology or the authority created under chapter
70.95N RCW to implement chapter 70.95N RCW;
(14) Financial, commercial, operations, and technical and research
information and data submitted to or obtained by the life sciences
discovery fund authority in applications for, or delivery of, grants
under chapter 43.350 RCW, to the extent that such information, if
revealed, would reasonably be expected to result in private loss to the
providers of this information;
(15) Financial and commercial information provided as evidence to
the department of licensing as required by RCW 19.112.110 or
19.112.120, except information disclosed in aggregate form that does
not permit the identification of information related to individual fuel
licensees;
(16) Any production records, mineral assessments, and trade secrets
submitted by a permit holder, mine operator, or landowner to the
department of natural resources under RCW 78.44.085;
(17)(a) Farm plans developed by conservation districts, unless
permission to release the farm plan is granted by the landowner or
operator who requested the plan, or the farm plan is used for the
application or issuance of a permit;
(b) Farm plans developed under chapter 90.48 RCW and not under the
federal clean water act, 33 U.S.C. Sec. 1251 et seq., are subject to
RCW 42.56.610 and 90.64.190;
(18) Financial, commercial, operations, and technical and research
information and data submitted to or obtained by a health sciences and
services authority in applications for, or delivery of, grants under
RCW 35.104.010 through 35.104.060, to the extent that such information,
if revealed, would reasonably be expected to result in private loss to
providers of this information; ((and))
(19) Information gathered under chapter 19.85 RCW or RCW 34.05.328
that can be identified to a particular business; and
(20) Proprietary information required to be submitted to the
department of ecology under sections 323, 327, 347, and 351 of this
act.
NEW SECTION. Sec. 340 Sections 318 through 338 of this act
constitute a new chapter in Title
Sec. 341 RCW 43.19A.020 and 2001 c 77 s 1 are each amended to
read as follows:
(1) The federal product standards, adopted under 42 U.S.C. Sec.
6962(e) as it exists on July 1, 2001, are adopted as the minimum
standards for the state of Washington. These standards shall be
implemented for at least the products listed in this subsection, unless
the director finds that a different standard would significantly
increase recycled product availability or competition.
(a) Paper and paper products;
(b) Organic recovered materials;
(c) Latex paint products;
(d) Products for lower value uses containing recycled plastics;
(e) Retread and remanufactured tires;
(f) Lubricating oils;
(g) Automotive batteries;
(h) Building products and materials;
(i) Panelboard; ((and))
(j) Compost products made from recovered organic materials; and
(k) Fertilizers made from recovered organic materials.
(2) By July 1, 2001, the director shall adopt product standards for
strawboard manufactured using as an ingredient straw that is produced
as a by-product in the production of cereal grain or turf or grass seed
and product standards for products made from strawboard.
(3) The standards required by this section shall be applied to
recycled product purchasing by the department, other state agencies,
and state postsecondary educational institutions. The standards may be
adopted or applied by any other local government in product
procurement. The standards shall provide for exceptions under
appropriate circumstances to allow purchases of recycled products that
do not meet the minimum content requirements of the standards.
NEW SECTION. Sec. 342 The legislature finds that:
(1) Convenient and environmentally sound product stewardship
programs that include collecting, transporting, and reusing or
recycling of unwanted products will help protect Washington's
environment and the health of state residents;
(2) Product producers should finance and provide these programs.
The programs are intended to encourage producers to design products
that have a lower carbon footprint, are less toxic and energy and
material intensive, and are easier to recycle.
NEW SECTION. Sec. 343 The definitions in this section apply
throughout this chapter unless the context clearly requires otherwise.
(1) "Brand" means a name, symbol, word, or mark that identifies a
product, rather than its components, and attributes the product to the
owner of the brand as the producer.
(2) "Covered entity" means an entity, such as a resident or small
business, that can use a product stewardship program to discard an
unwanted product.
(3) "Covered product" means a product designated by this chapter,
either individually or as an item within a covered product category.
"Covered product" includes all materials that make up a covered
product.
(4) "Covered product category" means a group of similar products
covered by this chapter.
(5) "Department" means the department of ecology.
(6) "Final disposition" means the point beyond which no further
processing takes place and materials from an unwanted product are
either in a form capable of direct use as a feedstock in producing new
products or disposed of or managed in permitted facilities.
(7) "Hazardous substances" or "hazardous materials" means those
substances or materials identified under rules adopted under the state
hazardous waste management act, chapter 70.105 RCW.
(8) "Mercury-containing lights" means lamps, bulbs, tubes, or other
devices that contain mercury that provide functional illumination in
homes, offices, and outdoors.
(9) "Organization" includes a sole proprietorship, partnership,
corporation, nonprofit corporation or organization, limited liability
company, firm, association, cooperative, or other legal entity located
within or outside Washington state.
(10) "Orphan product" means a covered product that lacks a
producer's brand, or for which the producer is no longer in business
and has no successor in interest, or that bears a brand for which the
department cannot identify an owner.
(11) "Processing" means recovering materials from unwanted products
for use as feedstock in new products.
(12) "Producer" means a person who:
(a) Has legal ownership of the brand, brand name, or cobrand of a
covered product sold in or into Washington state;
(b) Imports a covered product branded by a producer that meets (a)
of this subsection and where that producer has no physical presence in
the United States;
(c) If (a) and (b) of this subsection do not apply, makes an
unbranded product that is sold in or into Washington state; or
(d) Sells at wholesale or retail a covered product, does not have
legal ownership of the brand, and elects to fulfill the
responsibilities of the producer for that product.
(13) "Product stewardship" means a requirement for a producer of a
covered product to manage and reduce adverse safety, health, and
environmental impacts of the covered product throughout its life cycle.
(14) "Product stewardship plan" or "plan" means a detailed plan
describing the manner in which a product stewardship program will be
implemented.
(15) "Product stewardship program" or "program" means a program
financed and provided by producers of covered products that addresses
product stewardship and includes collecting, transporting, reuse
processing, and final disposition of unwanted products, including a
fair share of orphan products.
(16) "Recycling" means transforming or remanufacturing unwanted
products into usable or marketable materials for use other than
landfill disposal or incineration. Recycling does not include energy
recovery or energy generation by means of combusting unwanted products
with or without other waste.
(17) "Reporting period" means the period commencing January 1st and
ending December 31st in the same calendar year.
(18) "Residuals" means nonrecyclable materials left over from
processing an unwanted product.
(19) "Reuse" means a change in ownership of a covered product or
its components and parts for use in the same manner and purpose for
which it was originally purchased.
(20) "Stakeholder" means a person who may have an interest in or be
affected by a product stewardship program.
(21) "Stewardship organization" means an organization designated by
a producer to act as an agent on behalf of the producer to operate a
product stewardship program.
(22) "Unwanted product" means a covered product no longer wanted by
its owner or that has been abandoned, discarded, or is intended to be
discarded by its owner.
NEW SECTION. Sec. 344 (1) Covered product and product categories
designated under this chapter include mercury-containing lights.
(a) "Mercury-containing lights" means lamps, bulbs, tubes, or other
devices that contain mercury and that provide functional illumination
in homes, offices, and outdoors.
(b) Covered entities include residents and small businesses.
(c) Mercury-containing lights that have been collected by product
stewardship programs must be recycled. Mercury and mercury-bearing
residuals from recycling of mercury-containing lights must be retorted
in properly permitted facilities. Mercury recovered from retorting
must be recycled or placed in a properly permitted, monitored hazardous
waste landfill, storage repository, or disposal repository to avoid
reintroduction into the marketplace. When available, mercury recovered
from retorting must be placed in a properly permitted, monitored
permanent mercury repository to avoid reintroduction into the
marketplace. The mercury may not be recycled.
(d) Product stewardship programs for mercury-containing lights must
be fully implemented by January 1, 2011.
(2) The department may adopt rules to implement this section and to
determine:
(a) Any unique management requirements including, without
limitation, special collection, processing, and final disposition
requirements for general purpose lights containing hazardous materials;
(b) Labeling requirements for producers, if any, such as brand,
toxicity, or carbon footprint; and
(c) Other issues the department deems necessary for implementing
this section.
NEW SECTION. Sec. 345 (1) Every producer of a covered product
sold in or into Washington state must participate in a product
stewardship program for that product. Every producer must:
(a) Operate, either individually or collectively with other
producers, a product stewardship program approved by the department; or
(b) Enter into an agreement with a stewardship organization to
operate, on the producer's behalf, a product stewardship program
approved by the department.
(2) Product stewardship programs shall collect, free of charge,
unwanted products from covered entities for reuse or final disposition
as appropriate.
(3) A producer, group of producers, or stewardship organization
operating a product stewardship program shall:
(a) Comply with a product stewardship plan approved by the
department and this chapter, any rules adopted by the department to
implement this chapter, and all other applicable laws and rules; and
(b) Pay all administrative and operational costs associated with
their program.
NEW SECTION. Sec. 346 As of the implementation date established
for the covered product, no producer, wholesaler, retailer, or other
person may sell or offer for sale that product to any person in this
state unless the producer is participating in a product stewardship
program approved by the department. A person selling or offering for
sale a covered product in the state shall consult the department's web
site for a list of producers of that product participating in approved
programs prior to selling the product in or into the state. A person
is considered to have complied with this section if, on the date the
person ordered a covered product from a producer or its agent, the
producer was listed as having an approved program on the department's
web site.
NEW SECTION. Sec. 347 (1) A producer, group of producers, or
stewardship organization operating or intending to operate a product
stewardship program must, at least sixty days prior to submitting a
product stewardship plan to the department under subsection (2) of this
section, provide public notice of the plan it is considering for
submittal. The producer, group of producers, or stewardship
organization must consult with stakeholders during development of the
plan, solicit stakeholder comments, and attempt to address any
stakeholder concerns regarding the plan prior to submittal.
(2) A producer, group of producers, or stewardship organization
operating or intending to operate a product stewardship program must
submit a product stewardship plan to the department specifying:
(a) Information, including contact information, regarding:
(i) The organization submitting the plan;
(ii) A list of all participating producers; and
(iii) If the program is to be operated by a stewardship
organization, a description of management, administration, and tasks to
be performed by the stewardship organization;
(b) Recovery goals, including:
(i) Recovery goals for the first, second, and third years of the
program, expressed as pounds per capita, and an explanation of how
these goals reflect a significant percentage of an unwanted product
relative to the quantity of the unwanted product that may be available
for reuse or recycling; and
(ii) Plans to maximize recycling of packaging that may be
collected;
(c) A collection system, including:
(i) Location of collection sites and other collection services to
be used by the program;
(ii) How unwanted products from all covered entities will be
collected for all cities in the state with populations greater than ten
thousand and in all counties of the state;
(iii) How the collection system will be convenient and adequate to
serve the needs of all covered entities in both urban and rural areas;
and
(iv) How collected unwanted products will be transported to
processing facilities;
(d) A processing and disposal system, including:
(i) Locations, permit status, and records of any penalties,
violations, or regulatory orders received in the previous five years by
processing and disposal facilities proposed to be used by the program;
(ii) A third-party audit of each processing and disposal facility
proposed to be used by the program for any unwanted product or
residuals containing hazardous substances or hazardous materials,
documenting compliance with all applicable laws, regulations, and
rules;
(iii) Policies and procedures to be followed by persons collecting,
transporting, processing, and disposing of unwanted products, including
how the program will ensure compliance with all applicable laws,
regulations, and rules;
(iv) A description of how unwanted products will be processed at
each processing facility;
(v) How all residuals will be disposed of or managed in permitted
facilities, including disposal or management of all hazardous
substances and hazardous materials in permitted hazardous waste
facilities;
(vi) How hazardous substances and hazardous materials will be
safely and securely tracked and handled from collection to final
disposition in compliance with this chapter, any rules adopted by the
department to implement this chapter, and all other applicable laws and
rules; and
(vii) Best management practices that will be used by first
processors and their downstream vendors to ensure that hazardous
substances and hazardous materials are not released into the
environment and will not adversely impact human health;
(e) How the program will seek to use businesses within the state,
including retailers, processing facilities, and collection and
transportation services;
(f) Greenhouse gas reductions anticipated from implementing the
collection, transportation, and recycling system;
(g) A financing system, including:
(i) How the entire product stewardship program will be financed,
including how costs will be apportioned among and assessed upon
producers participating in the program;
(ii) Financial incentives to reward product design that result in
improved reuse or recycling and less toxicity where feasible;
(iii) A plan to withhold a percentage of funds to be managed by the
product stewardship program to increase markets for recyclable
materials or other financial incentives to encourage market development
for recyclable materials contained in covered products;
(iv) How those providing services for the collection,
transportation, and processing systems will be fairly compensated for
their services;
(h) Strategies to manage and reduce life cycle impacts of products
and packaging, from product design to end-of-life management, including
ways to improve designing, packaging, and distributing products to:
(i) Reduce waste, energy, toxicity, carbon footprints, and other
environmental and health impacts;
(ii) Increase recycled content and product longevity; and
(iii) Make products more easily reusable or recyclable;
(i) How the producers participating in the program will communicate
with processors used by the program to encourage sustainable design of
products and packaging;
(j) Education and outreach activities, including:
(i) An educational campaign promoting the use of the program to
covered entities that includes a toll-free telephone number and web
site and that is sufficient to meet required recovery rates;
(ii) A plan for working with and providing information about the
program to retailers, wholesalers, collectors, and other interested
parties to disseminate to covered entities; and
(iii) The methodology for determining how the effectiveness of the
outreach activities will be measured; and
(k) Pursuant to subsection (1) of this section, the consultation
process, including:
(i) A description of the process used to consult with stakeholders
during development of the plan; and
(ii) A summary of stakeholder comments and how any stakeholder
concerns were addressed.
(3) The department shall approve the product stewardship plan when
all requirements have been met in compliance with this chapter and any
rules adopted by the department to implement this chapter.
(4) All plans submitted to the department must be made available to
the public on the department's web site. Proprietary information
submitted to the department under this chapter is exempt from public
disclosure under RCW 42.56.270.
NEW SECTION. Sec. 348 (1) A producer of a covered product, a
group of producers, or a stewardship organization must submit a
proposed product stewardship plan to the department at least one year
prior to a covered product's implementation date.
(2) Within ninety days after receiving a proposed product
stewardship plan, the department shall determine whether the plan
complies with this chapter and any rules adopted to implement this
chapter. If it approves a plan, the department shall notify the
applicant of its approval. If it rejects a plan, the department shall
notify the applicant of its decision and its reasons for rejecting the
plan. An applicant whose plan has been rejected by the department may
submit a revised plan to the department within sixty days after
receiving notice of the rejection.
(3) At least once every four years, a producer, group of producers,
or stewardship organization operating a product stewardship program
must update its product stewardship plan and submit the updated plan to
the department for review. The department must determine the status of
an updated plan within ninety days of its submittal. If the department
rejects an updated plan, the producer of a covered product
participating in the product stewardship program described in the plan
will be deemed to be out of compliance with this chapter.
NEW SECTION. Sec. 349 (1) Except as provided in subsections (2)
and (3) of this section, the department must grant prior approval, in
writing, to any proposed change to a product stewardship plan.
(2) Additions or changes to collection locations for unwanted
products may be made without the department's prior written approval.
The product stewardship program must inform the department of the
additions or changes within fifteen days of the occurrence.
(3) Additional producers may join a product stewardship program
approved by the department without the department's prior written
approval. The product stewardship program must inform the department
of the additions within fifteen days of the occurrence.
NEW SECTION. Sec. 350 (1) If the department determines that a
product stewardship program is not being operated in compliance with
the requirements of this chapter, any rules adopted by the department
to implement this chapter, or any other applicable laws, regulations,
or rules, or if the department determines that there is an imminent
danger to the public, the department may:
(a) Amend its approval of the program's product stewardship plan by
clarifying terms or conditions to ensure full implementation of the
plan; or
(b) Suspend or cancel its approval of the plan.
(2) At least thirty days prior to amending, suspending, or
canceling its approval of a product stewardship plan, the department
shall inform the producer, group of producers, or stewardship
organization operating the product stewardship program of its intended
action and provide them an opportunity to respond. The department may
extend this period for good cause.
(3) Notwithstanding subsection (2) of this section, if the
department determines that it is necessary to protect the public from
imminent danger, it may immediately amend, suspend, or cancel approval
of a product stewardship program's product stewardship plan without
giving the producer, group of producers, or stewardship organization
operating the program an opportunity to be heard. However, the
department shall give the operator an opportunity to be heard through
proceedings consistent with the administrative procedure act, chapter
34.05 RCW, within fifteen days after the date on which the department
takes any of those actions.
NEW SECTION. Sec. 351 (1) On or before June 30th of each year,
every producer, group of producers, or stewardship organization
operating a product stewardship program must prepare and submit to the
department an annual report describing:
(a) Information, including contact information, regarding:
(i) The organization submitting the report; and
(ii) A list of all participating producers;
(b) Recovery rates, including:
(i) The amount, by weight, of unwanted products collected from
covered entities in each county in the state, including documented
collection and recycling or disposal of that material;
(ii) How the program attained recovery rates established in the
product stewardship plan or set by the department and, if the program
did not attain those recovery rates, what actions it will take during
the next reporting period to do so, including how it will increase and
improve effective, measurable outreach and education efforts;
(c) The collection system, including collection locations and
services provided for all cities in the state with populations greater
than ten thousand and in all counties in the state;
(d) The processing and disposal system, including:
(i) A list of processing and disposal facilities used and locations
of those facilities, the weight of unwanted products processed at each
processing facility and disposed at each disposal facility, and a
description of the methods used at each processing facility;
(ii) A list of subcontractors used through final disposition that
processed or disposed of unwanted products containing hazardous
substances or hazardous materials, and subcontractor facility
locations;
(iii) Documentation and summary results of annual third-party
audits conducted on each processing facility and disposal facility as
required in section 347 of this act;
(iv) Final disposition of residuals;
(v) Any penalties, violations, or regulatory orders received during
the reporting period by each processing facility or disposal facility
that was used;
(vi) Whether policies and procedures in the product stewardship
plan for collecting, transporting, processing, and final disposition of
unwanted products were followed during the reporting period, and a
description of any noncompliance;
(e) The financing system, including a description of how the system
met the requirements in section 347 of this act;
(f) The education and outreach activities implemented during the
reporting period, including an analysis of the effectiveness of the
education and outreach activities;
(g) Results of any actions taken to manage and reduce life cycle
impacts of products and packaging, as described in section 347(2)(h) of
this act;
(h) How the product stewardship program complied with any other
elements in the plan approved by the department; and
(i) Any other information that the department may reasonably
require.
(2) A producer, group of producers, or stewardship organization
operating a product stewardship program meeting the following
conditions is only required to report to the department information
specified in subsection (1)(a), (b), (c), (g), and (i) of this section:
(a) The product stewardship program attained a ninety percent
recovery rate of all unwanted products that were produced by producers
participating in the program and a recycling rate of eighty percent of
materials contained in such products; and
(b) All unwanted products collected by the product stewardship
program were carbon neutral in production and use.
(3) All reports submitted to the department must be made available
to the public on the department's web site. Proprietary information
submitted to the department under this chapter is exempt from public
disclosure under RCW 42.56.270.
NEW SECTION. Sec. 352 (1) The department shall provide on its
web site a list of all producers participating in product stewardship
programs it has approved and a list of all producers it has identified
as noncompliant with this chapter and any rules adopted to implement
this chapter.
(2) Wholesalers, retailers, and other persons shall check the
department's web site to determine if producers of covered products
they are selling in or into the state are compliant with this chapter
and any rules adopted to implement this chapter. If a wholesaler,
retailer, or other person is unsure of the status of a producer or
believes that a producer is not compliant, they shall contact the
department to determine the producer's status.
(3) The department shall send a written warning and copies of this
chapter and any rules adopted to implement this chapter to a producer
who is not participating in a product stewardship program approved by
the department and whose covered product is being sold in or into the
state. The department shall also send a written warning and a copy of
this chapter and any rules adopted to implement this chapter to a
wholesaler, retailer, or other person known to be selling the covered
product in or into the state.
(4) A producer not participating in a product stewardship program
approved by the department whose covered product continues to be sold
in or into the state sixty days after receiving a written warning from
the department, and a wholesaler, retailer, or other person who
continues to sell a covered product from a producer not participating
in an approved product stewardship program sixty days after receiving
a written warning from the department, must be assessed a ten thousand
dollar penalty. The department may waive or reduce the penalty if the
producer, wholesaler, retailer, or other person complies with this
chapter and any rules adopted to implement this chapter, or for any
other reason the department determines to be justified.
(5) The department shall send a written warning to a producer,
group of producers, or stewardship organization operating a product
stewardship program that fails to submit a product stewardship plan,
updated plan, proposed change to a plan, or annual report as required
in this chapter. The written warning must include compliance
requirements and notification that the requirements must be met within
sixty days. If compliance requirements are not met within sixty days,
the producer, group of producers, or stewardship organization must be
assessed a ten thousand dollar penalty. The department may waive or
reduce the penalty if the producer, group of producers, or stewardship
organization complies with this chapter and any rules adopted to
implement this chapter, or for any other reason the department
determines to be justified.
(6) Each calendar day of a violation is a separate and distinct
offense.
NEW SECTION. Sec. 353 (1) By June of the third program year for
each product or product category, the department shall establish
required recovery rates for the fourth and subsequent program operating
years, and must establish a system of penalties for producers and
product stewardship programs that do not attain the required recovery
rates.
(2) By December 31, 2014, the department shall report to
appropriate committees of the legislature concerning the status of the
program administered under this chapter and, if necessary, recommend
legislation.
(3) The department, or its designee, may inspect, audit, or review
audits of processing and disposal facilities used to fulfill the
requirements of a product stewardship program.
(4) No product stewardship program required under this chapter may
use federal or state prison labor for processing unwanted products.
(5) The department shall annually invite comments from local
governments, communities, and citizens to report their satisfaction
with services provided by product stewardship programs. This
information must be used by the department in reviewing proposed
updates or changes to product stewardship plans.
NEW SECTION. Sec. 354 The department may establish fees for
administering this chapter. Fees may be charged to the producers and
must be paid annually by January 1st of each year. Fees may be
established in amounts to fully recover and not to exceed expenses
incurred by the department in administering this chapter.
NEW SECTION. Sec. 355 The product stewardship programs account
is created in the custody of the state treasurer. All receipts from
fees and penalties collected under this chapter must be deposited in
the account. Expenditures from the account may be used only for
administering this chapter. Only the director of the department or the
director's designee may authorize expenditures from the account. The
account is subject to the allotment procedures under chapter 43.88 RCW,
but an appropriation is not required for expenditures.
NEW SECTION. Sec. 356 The department shall adopt rules under the
administrative procedure act, chapter 34.05 RCW, to implement this
chapter including, at a minimum:
(1) Program operating rules;
(2) A process for determining whether reduced reporting
requirements in section 351 of this act apply;
(3) A process for setting recovery rates for the fourth and
subsequent operating years of a program and for adjusting recovery
rates; and
(4) An enforcement process.
NEW SECTION. Sec. 357 Nothing in this chapter changes or limits
the authority of the Washington utilities and transportation commission
to regulate collection of solid waste, including curbside collection of
residential recyclable materials, nor does this chapter change or limit
the authority of a city or town to provide such service itself or by
contract under RCW 81.77.020.
NEW SECTION. Sec. 358 A producer, group of producers, or
stewardship organization and its officers, members, employees, and
agents that organize a product stewardship program required under this
chapter are authorized to engage in anticompetitive conduct to the
extent necessary to plan and implement a program, and are immune from
liability under state laws regarding antitrust, restraint of trade,
unfair trade practices, and other regulation of trade and commerce.
NEW SECTION. Sec. 359 This chapter must be liberally construed
to carry out its purposes and objectives.
NEW SECTION. Sec. 360 A new section is added to chapter 70.95
RCW to read as follows:
(1) The department shall participate in national and global mercury
forums to advocate reduction of global emissions and permanent
isolation of elemental mercury.
(2) By July 1, 2011, the department, in consultation with the
United States environmental protection agency, shall study the
feasibility of the development of a national permanent repository for
mercury. The department shall develop recommendations and provide its
findings to the appropriate committees of the legislature by December
1, 2011.
NEW SECTION. Sec. 361 Sections 342 through 359 and 362 of this
act constitute a new chapter in Title
NEW SECTION. Sec. 362 Sections 342 through 361 of this act are
necessary for the immediate preservation of the public peace, health,
or safety, or support of the state government and its existing public
institutions, and take effect July 1, 2009.
Sec. 401 RCW 36.70A.020 and 2002 c 154 s 1 are each amended to
read as follows:
The following goals are adopted to guide the development and
adoption of comprehensive plans and development regulations of those
counties and cities that are required or choose to plan under RCW
36.70A.040. The following goals are not listed in order of priority
and shall be used exclusively for the purpose of guiding the
development of comprehensive plans and development regulations:
(1) Urban growth. Encourage development in urban areas where
adequate public facilities and services exist or can be provided in an
efficient manner.
(2) Reduce sprawl. Reduce the inappropriate conversion of
undeveloped land into sprawling, low-density development.
(3) Transportation. Encourage efficient multimodal transportation
systems that are based on regional priorities and coordinated with
county and city comprehensive plans.
(4) Housing. Encourage the availability of affordable housing to
all economic segments of the population of this state, promote a
variety of residential densities and housing types, and encourage
preservation of existing housing stock.
(5) Economic development. Encourage economic development
throughout the state that is consistent with adopted comprehensive
plans, promote economic opportunity for all citizens of this state,
especially for unemployed and for disadvantaged persons, promote the
retention and expansion of existing businesses and recruitment of new
businesses, recognize regional differences impacting economic
development opportunities, and encourage growth in areas experiencing
insufficient economic growth, all within the capacities of the state's
natural resources, public services, and public facilities.
(6) Property rights. Private property shall not be taken for
public use without just compensation having been made. The property
rights of landowners shall be protected from arbitrary and
discriminatory actions.
(7) Permits. Applications for both state and local government
permits should be processed in a timely and fair manner to ensure
predictability.
(8) Natural resource industries. Maintain and enhance natural
resource-based industries, including productive timber, agricultural,
and fisheries industries. Encourage the conservation of productive
forest lands and productive agricultural lands, and discourage
incompatible uses.
(9) Open space and recreation. Retain open space, enhance
recreational opportunities, conserve fish and wildlife habitat,
increase access to natural resource lands and water, and develop parks
and recreation facilities.
(10) Environment. Protect the environment and enhance the state's
high quality of life, including air and water quality, and the
availability of water. Establish land use and transportation patterns
that, at a minimum, achieve and support state and federal greenhouse
gas emissions reduction requirements.
(11) Citizen participation and coordination. Encourage the
involvement of citizens in the planning process and ensure coordination
between communities and jurisdictions to reconcile conflicts.
(12) Public facilities and services. Ensure that those public
facilities and services necessary to support development shall be
adequate to serve the development at the time the development is
available for occupancy and use without decreasing current service
levels below locally established minimum standards.
(13) Historic preservation. Identify and encourage the
preservation of lands, sites, and structures, that have historical or
archaeological significance.
Sec. 402 RCW 36.70A.070 and 2005 c 360 s 2 are each amended to
read as follows:
The comprehensive plan of a county or city that is required or
chooses to plan under RCW 36.70A.040 shall consist of a map or maps,
and descriptive text covering objectives, principles, and standards
used to develop the comprehensive plan. The plan shall be an
internally consistent document and all elements shall be consistent
with the future land use map. A comprehensive plan shall be adopted
and amended with public participation as provided in RCW 36.70A.140.
Each comprehensive plan shall include a plan, scheme, or design for
each of the following:
(1) A land use element designating the proposed general
distribution and general location and extent of the uses of land, where
appropriate, for agriculture, timber production, housing, commerce,
industry, recreation, open spaces, general aviation airports, public
utilities, public facilities, and other land uses. The land use
element shall include population densities, building intensities, and
estimates of future population growth. The land use element shall
provide for protection of the quality and quantity of groundwater used
for public water supplies. Wherever possible, the land use element
should consider utilizing urban planning approaches that promote
physical activity. Where applicable, the land use element shall review
drainage, flooding, and storm water run-off in the area and nearby
jurisdictions and provide guidance for corrective actions to mitigate
or cleanse those discharges that pollute waters of the state, including
Puget Sound or waters entering Puget Sound.
(2) A housing element ensuring the vitality and character of
established residential neighborhoods that: (a) Includes an inventory
and analysis of existing and projected housing needs that identifies
the number of housing units necessary to manage projected growth; (b)
includes a statement of goals, policies, objectives, and mandatory
provisions for the preservation, improvement, and development of
housing, including single-family residences; (c) includes incentives
and requirements to provide housing required by this subsection (2);
(d) identifies sufficient land for housing, including, but not limited
to, government-assisted housing, housing for low-income families,
manufactured housing, multifamily housing, and group homes and foster
care facilities; ((and (d))) (e) makes adequate provisions for existing
and projected needs of all economic segments of the community; and (f)
designates sufficient land for and encourages housing within walking,
bicycling, or transit distance of employment concentrations that is
affordable to persons employed within such concentrations. Land
designated for housing under this subsection (2)(f) must be designated
at densities that support transit services.
(3) A capital facilities plan element consisting of: (a) An
inventory of existing capital facilities owned by public entities,
showing the locations and capacities of the capital facilities; (b) a
forecast of the future needs for such capital facilities; (c) the
proposed locations and capacities of expanded or new capital
facilities; (d) at least a six-year plan that will finance such capital
facilities within projected funding capacities and clearly identifies
sources of public money for such purposes; and (e) a requirement to
reassess the land use element if probable funding falls short of
meeting existing needs and to ensure that the land use element, capital
facilities plan element, and financing plan within the capital
facilities plan element are coordinated and consistent. Park and
recreation facilities shall be included in the capital facilities plan
element.
(4) A utilities element consisting of the general location,
proposed location, and capacity of all existing and proposed utilities,
including, but not limited to, electrical lines, telecommunication
lines, and natural gas lines.
(5) Rural element. Counties shall include a rural element
including lands that are not designated for urban growth, agriculture,
forest, or mineral resources. The following provisions shall apply to
the rural element:
(a) Growth management act goals and local circumstances. Because
circumstances vary from county to county, in establishing patterns of
rural densities and uses, a county may consider local circumstances,
but shall develop a written record explaining how the rural element
harmonizes the planning goals in RCW 36.70A.020 and meets the
requirements of this chapter.
(b) Rural development. The rural element shall permit rural
development, forestry, and agriculture in rural areas. The rural
element shall provide for a variety of rural densities, uses, essential
public facilities, and rural governmental services needed to serve the
permitted densities and uses. To achieve a variety of rural densities
and uses, counties may provide for clustering, density transfer, design
guidelines, conservation easements, and other innovative techniques
that will accommodate appropriate rural densities and uses that are not
characterized by urban growth and that are consistent with rural
character.
(c) Measures governing rural development. The rural element shall
include measures that apply to rural development and protect the rural
character of the area, as established by the county, by:
(i) Containing or otherwise controlling rural development;
(ii) Assuring visual compatibility of rural development with the
surrounding rural area;
(iii) Reducing the inappropriate conversion of undeveloped land
into sprawling, low-density development in the rural area;
(iv) Protecting critical areas, as provided in RCW 36.70A.060, and
surface water and groundwater resources; and
(v) Protecting against conflicts with the use of agricultural,
forest, and mineral resource lands designated under RCW 36.70A.170.
(d) Limited areas of more intensive rural development. Subject to
the requirements of this subsection and except as otherwise
specifically provided in this subsection (5)(d), the rural element may
allow for limited areas of more intensive rural development, including
necessary public facilities and public services to serve the limited
area as follows:
(i) Rural development consisting of the infill, development, or
redevelopment of existing commercial, industrial, residential, or
mixed-use areas, whether characterized as shoreline development,
villages, hamlets, rural activity centers, or crossroads developments.
(A) A commercial, industrial, residential, shoreline, or mixed-use
area shall be subject to the requirements of (d)(iv) of this
subsection, but shall not be subject to the requirements of (c)(ii) and
(iii) of this subsection.
(B) Any development or redevelopment other than an industrial area
or an industrial use within a mixed-use area or an industrial area
under this subsection (5)(d)(i) must be principally designed to serve
the existing and projected rural population.
(C) Any development or redevelopment in terms of building size,
scale, use, or intensity shall be consistent with the character of the
existing areas. Development and redevelopment may include changes in
use from vacant land or a previously existing use so long as the new
use conforms to the requirements of this subsection (5);
(ii) The intensification of development on lots containing, or new
development of, small-scale recreational or tourist uses, including
commercial facilities to serve those recreational or tourist uses, that
rely on a rural location and setting, but that do not include new
residential development. A small-scale recreation or tourist use is
not required to be principally designed to serve the existing and
projected rural population. Public services and public facilities
shall be limited to those necessary to serve the recreation or tourist
use and shall be provided in a manner that does not permit low-density
sprawl;
(iii) The intensification of development on lots containing
isolated nonresidential uses or new development of isolated cottage
industries and isolated small-scale businesses that are not principally
designed to serve the existing and projected rural population and
nonresidential uses, but do provide job opportunities for rural
residents. Rural counties may allow the expansion of small-scale
businesses as long as those small-scale businesses conform with the
rural character of the area as defined by the local government
according to RCW 36.70A.030(((14))) (16). Rural counties may also
allow new small-scale businesses to utilize a site previously occupied
by an existing business as long as the new small-scale business
conforms to the rural character of the area as defined by the local
government according to RCW 36.70A.030(((14))) (16). Public services
and public facilities shall be limited to those necessary to serve the
isolated nonresidential use and shall be provided in a manner that does
not permit low-density sprawl;
(iv) A county shall adopt measures to minimize and contain the
existing areas or uses of more intensive rural development, as
appropriate, authorized under this subsection. Lands included in such
existing areas or uses shall not extend beyond the logical outer
boundary of the existing area or use, thereby allowing a new pattern of
low-density sprawl. Existing areas are those that are clearly
identifiable and contained and where there is a logical boundary
delineated predominately by the built environment, but that may also
include undeveloped lands if limited as provided in this subsection.
The county shall establish the logical outer boundary of an area of
more intensive rural development. In establishing the logical outer
boundary the county shall address (A) the need to preserve the
character of existing natural neighborhoods and communities, (B)
physical boundaries such as bodies of water, streets and highways, and
land forms and contours, (C) the prevention of abnormally irregular
boundaries, and (D) the ability to provide public facilities and public
services in a manner that does not permit low-density sprawl;
(v) For purposes of (d) of this subsection, an existing area or
existing use is one that was in existence:
(A) On July 1, 1990, in a county that was initially required to
plan under all of the provisions of this chapter;
(B) On the date the county adopted a resolution under RCW
36.70A.040(2), in a county that is planning under all of the provisions
of this chapter under RCW 36.70A.040(2); or
(C) On the date the office of financial management certifies the
county's population as provided in RCW 36.70A.040(5), in a county that
is planning under all of the provisions of this chapter pursuant to RCW
36.70A.040(5).
(e) Exception. This subsection shall not be interpreted to permit
in the rural area a major industrial development or a master planned
resort unless otherwise specifically permitted under RCW 36.70A.360 and
36.70A.365.
(6) A transportation element that implements, and is consistent
with, the land use element.
(a) The transportation element shall include the following
subelements:
(i) Land use assumptions used in estimating travel;
(ii) Estimated traffic impacts to state-owned transportation
facilities resulting from land use assumptions to assist the department
of transportation in monitoring the performance of state facilities, to
plan improvements for the facilities, and to assess the impact of land-use decisions on state-owned transportation facilities;
(iii) Facilities and services needs, including:
(A) An inventory of air, water, and ground transportation
facilities and services, including transit alignments and general
aviation airport facilities, to define existing capital facilities and
travel levels as a basis for future planning. This inventory must
include state-owned transportation facilities within the city or
county's jurisdictional boundaries;
(B) Level of service standards for all locally owned arterials and
transit routes to serve as a gauge to judge performance of the system.
These standards should be regionally coordinated and must consider all
transportation modes in meeting regional transportation demands. In
adopting level of service standards required under this subsection
(6)(a)(iii)(B), jurisdictions must also consider adopting level of
service standards for bicycle and pedestrian routes;
(C) For state-owned transportation facilities, level of service
standards for highways, as prescribed in chapters 47.06 and 47.80 RCW,
to gauge the performance of the system. The purposes of reflecting
level of service standards for state highways in the local
comprehensive plan are to monitor the performance of the system, to
evaluate improvement strategies, and to facilitate coordination between
the county's or city's six-year street, road, or transit program and
the ((department of transportation's six-year)) office of financial
management's ten-year investment program((. The concurrency
requirements of (b) of this subsection do not apply to transportation
facilities and services of statewide significance except for counties
consisting of islands whose only connection to the mainland are state
highways or ferry routes. In these island counties, state highways and
ferry route capacity must be a factor in meeting the concurrency
requirements in (b) of this subsection));
(D) Specific actions and requirements for bringing into compliance
locally owned transportation facilities or services that are below an
established level of service standard;
(E) Forecasts of ((traffic)) travel demand for at least ten years
based on the adopted land use plan to provide information on the
location, timing, and capacity needs of future growth;
(F) Identification of state and local system needs to meet current
and future demands. Identified needs on state-owned transportation
facilities must be consistent with the statewide multimodal
transportation plan required under chapter 47.06 RCW;
(iv) Finance, including:
(A) An analysis of funding capability to judge needs against
probable funding resources;
(B) A multiyear financing plan based on the needs identified in the
comprehensive plan, the appropriate parts of which shall serve as the
basis for the six-year street, road, or transit program required by RCW
35.77.010 for cities, RCW 36.81.121 for counties, and RCW 35.58.2795
for public transportation systems. The multiyear financing plan should
be coordinated with the ((six-year improvement)) ten-year investment
program developed by the ((department of transportation)) office of
financial management as required by RCW 47.05.030;
(C) If probable funding falls short of meeting identified needs, a
discussion of how additional funding will be raised, or how land use
assumptions will be reassessed to ensure that level of service
standards will be met;
(v) Intergovernmental coordination efforts, including an assessment
of the impacts of the transportation plan and land use assumptions on
the transportation systems of adjacent jurisdictions;
(vi) Demand-management strategies;
(vii) Pedestrian and bicycle components to include collaborative
efforts to identify and designate planned improvements for pedestrian
and bicycle facilities and corridors that address and encourage
enhanced community access ((and promote)), connections between land
uses and transportation modes, and the promotion of healthy lifestyles.
(b)(i) After adoption of the comprehensive plan by jurisdictions
required to plan or who choose to plan under RCW 36.70A.040, local
jurisdictions must adopt and enforce ordinances which prohibit
development approval if the development causes the level of service on
a locally owned transportation facility to decline below the standards
adopted in the transportation element of the comprehensive plan, unless
transportation improvements or strategies to accommodate the impacts of
development are made concurrent with the development. These strategies
may include increased public transportation service, ride sharing
programs, demand management, and other transportation systems
management strategies. Ordinances adopted under this subsection
(6)(b)(i) must consider multimodal improvements or strategies.
(ii) For the purposes of this subsection (6), "concurrent with the
development" ((shall mean)) means that improvements or strategies are
in place at the time of development, or that a financial commitment is
in place to complete the improvements or strategies within six years.
(iii) The concurrency requirements of this subsection (6)(b) do not
apply to transportation facilities and services of statewide
significance except for counties consisting of islands whose only
connection to the mainland are state highways or ferry routes. In
these island counties, state highway and ferry route capacity must be
a factor in meeting the concurrency requirements of this subsection
(6)(b).
(c) The transportation element described in this subsection (6),
and the six-year plans required by RCW 35.77.010 for cities, RCW
36.81.121 for counties, and RCW 35.58.2795 for public transportation
systems, and the ten-year investment program required by RCW 47.05.030
for the state, must be consistent.
(7) An economic development element establishing local goals,
policies, objectives, and provisions for economic growth and vitality
and a high quality of life. The element shall include: (a) A summary
of the local economy such as population, employment, payroll, sectors,
businesses, sales, and other information as appropriate; (b) a summary
of the strengths and weaknesses of the local economy defined as the
commercial and industrial sectors and supporting factors such as land
use, transportation, utilities, education, workforce, housing, and
natural/cultural resources; and (c) an identification of policies,
programs, and projects to foster economic growth and development and to
address future needs. A city that has chosen to be a residential
community is exempt from the economic development element requirement
of this subsection.
(8) A park and recreation element that implements, and is
consistent with, the capital facilities plan element as it relates to
park and recreation facilities. The element shall include: (a)
Estimates of park and recreation demand for at least a ten-year period;
(b) an evaluation of facilities and service needs; and (c) an
evaluation of intergovernmental coordination opportunities to provide
regional approaches for meeting park and recreational demand.
(9) It is the intent that new or amended elements required after
January 1, 2002, be adopted concurrent with the scheduled update
provided in RCW 36.70A.130. Requirements to incorporate any such new
or amended elements shall be null and void until funds sufficient to
cover applicable local government costs are appropriated and
distributed by the state at least two years before local government
must update comprehensive plans as required in RCW 36.70A.130.
Sec. 403 RCW 36.70A.100 and 1990 1st ex.s. c 17 s 10 are each
amended to read as follows:
The comprehensive plan of each county or city ((that is)) adopted
pursuant to RCW 36.70A.040 shall be:
(1) Coordinated with, and consistent with, the comprehensive plans
adopted pursuant to RCW 36.70A.040 of other counties or cities with
which the county or city has, in part, common borders or related
regional issues; and
(2) Consistent with the regional transportation plans required
under RCW 47.80.030 for the region within which the county or city is
located.
Sec. 404 RCW 36.70A.190 and 1991 sp.s. c 32 s 3 are each amended
to read as follows:
(1) The department shall establish a program of technical and
financial assistance and incentives to counties and cities to encourage
and facilitate the adoption and implementation of comprehensive plans
and development regulations throughout the state.
(2) The department shall develop a priority list and establish
funding levels for planning and technical assistance grants both for
counties and cities that plan under RCW 36.70A.040. Priority for
assistance shall be based on a county's or city's population growth
rates, commercial and industrial development rates, the existence and
quality of a comprehensive plan and development regulations, and other
relevant factors.
(3) The department shall develop and administer a grant program to
provide direct financial assistance to counties and cities for the
preparation of comprehensive plans under this chapter. The department
may establish provisions for county and city matching funds to conduct
activities under this subsection. Grants may be expended for any
purpose directly related to the preparation of a county or city
comprehensive plan as the county or city and the department may agree,
including, without limitation, the conducting of surveys, inventories
and other data gathering and management activities, the retention of
planning consultants, contracts with regional councils for planning and
related services, and other related purposes.
(4) The department shall establish a program of technical
assistance:
(a)(i) Utilizing department staff, the staff of other state
agencies, and the technical resources of counties and cities to help in
the development of comprehensive plans required under this chapter.
The technical assistance may include, but not be limited to, model land
use ordinances, regional education and training programs, and
information for local and regional inventories. The technical
assistance shall include guidance that may be used by counties and
cities for developing and implementing: (A) Multimodal transportation
concurrency improvements and strategies; and (B) programs that
encourage, through developer incentives and other means, compact
development in urban growth areas.
(ii) Technical assistance required by (a)(i)(A) of this subsection
shall be developed by the department in cooperation with the department
of transportation, regional transportation planning organizations
authorized under chapter 47.80 RCW, regional transit authorities and
agencies, and local transportation entities.
(iii) Technical assistance required by (a)(i)(B) of this subsection
shall be developed by the department in cooperation with other state
agencies with relevant expertise, and may include an examination of
employed local government incentives, an assessment of applicable
advantages and disadvantages, and the development of model incentive
language; and
(b) Adopting by rule procedural criteria to assist counties and
cities in adopting comprehensive plans and development regulations that
meet the goals and requirements of this chapter. These criteria shall
reflect regional and local variations and the diversity that exists
among different counties and cities that plan under this chapter.
(5) The department shall provide mediation services to resolve
disputes between counties and cities regarding, among other things,
coordination of regional issues and designation of urban growth areas.
(6) The department shall provide planning grants to enhance citizen
participation under RCW 36.70A.140.
Sec. 405 RCW 36.70A.210 and 1998 c 171 s 4 are each amended to
read as follows:
(1) The legislature recognizes that counties are regional
governments within their boundaries, and cities are primary providers
of urban governmental services within urban growth areas. For the
purposes of this section, a "county-wide planning policy" is a written
policy statement or statements used solely for establishing a county-
wide framework from which county and city comprehensive plans are
developed and adopted pursuant to this chapter. This framework shall
ensure that city and county comprehensive plans are consistent as
required in RCW 36.70A.100. Nothing in this section shall be construed
to alter the land-use powers of cities.
(2) The legislative authority of a county that plans under RCW
36.70A.040 shall adopt a county-wide planning policy in cooperation
with the cities located in whole or in part within the county as
follows:
(a) No later than sixty calendar days from July 16, 1991, the
legislative authority of each county that as of June 1, 1991, was
required or chose to plan under RCW 36.70A.040 shall convene a meeting
with representatives of each city located within the county for the
purpose of establishing a collaborative process that will provide a
framework for the adoption of a county-wide planning policy. In other
counties that are required or choose to plan under RCW 36.70A.040, this
meeting shall be convened no later than sixty days after the date the
county adopts its resolution of intention or was certified by the
office of financial management.
(b) The process and framework for adoption of a county-wide
planning policy specified in (a) of this subsection shall determine the
manner in which the county and the cities agree to all procedures and
provisions including but not limited to desired planning policies,
deadlines, ratification of final agreements and demonstration thereof,
and financing, if any, of all activities associated therewith.
(c) If a county fails for any reason to convene a meeting with
representatives of cities as required in (a) of this subsection, the
governor may immediately impose any appropriate sanction or sanctions
on the county from those specified under RCW 36.70A.340.
(d) If there is no agreement by October 1, 1991, in a county that
was required or chose to plan under RCW 36.70A.040 as of June 1, 1991,
or if there is no agreement within one hundred twenty days of the date
the county adopted its resolution of intention or was certified by the
office of financial management in any other county that is required or
chooses to plan under RCW 36.70A.040, the governor shall first inquire
of the jurisdictions as to the reason or reasons for failure to reach
an agreement. If the governor deems it appropriate, the governor may
immediately request the assistance of the department of community,
trade, and economic development to mediate any disputes that preclude
agreement. If mediation is unsuccessful in resolving all disputes that
will lead to agreement, the governor may impose appropriate sanctions
from those specified under RCW 36.70A.340 on the county, city, or
cities for failure to reach an agreement as provided in this section.
The governor shall specify the reason or reasons for the imposition of
any sanction.
(e) No later than July 1, 1992, the legislative authority of each
county that was required or chose to plan under RCW 36.70A.040 as of
June 1, 1991, or no later than fourteen months after the date the
county adopted its resolution of intention or was certified by the
office of financial management the county legislative authority of any
other county that is required or chooses to plan under RCW 36.70A.040,
shall adopt a county-wide planning policy according to the process
provided under this section and that is consistent with the agreement
pursuant to (b) of this subsection, and after holding a public hearing
or hearings on the proposed county-wide planning policy.
(3) A county-wide planning policy shall at a minimum, address the
following:
(a) Policies to implement RCW 36.70A.110;
(b) Policies for promotion of contiguous and orderly development
and provision of urban services to such development;
(c) Policies for siting public capital facilities of a county-wide
or statewide nature, including transportation facilities of statewide
significance as defined in RCW 47.06.140;
(d) Policies for county-wide transportation facilities and
strategies;
(e) Policies that consider the need for affordable housing, such as
housing for all economic segments of the population and parameters for
its distribution;
(f) Policies for joint county and city planning within urban growth
areas;
(g) Policies for county-wide economic development and employment;
((and))
(h) Policies for reducing greenhouse gas emissions that, at a
minimum, support and achieve: (i) State emission reduction
requirements adopted under RCW 70.235.020; (ii) per capita vehicle
miles traveled reductions in accordance with RCW 47.01.440; and (iii)
applicable federal emission reduction requirements;
(i) Policies for reducing dependence on foreign oil; and
(j) An analysis of the fiscal impact.
(4) Federal agencies and Indian tribes may participate in and
cooperate with the county-wide planning policy adoption process.
Adopted county-wide planning policies shall be adhered to by state
agencies.
(5) Failure to adopt a county-wide planning policy that meets the
requirements of this section may result in the imposition of a sanction
or sanctions on a county or city within the county, as specified in RCW
36.70A.340. In imposing a sanction or sanctions, the governor shall
specify the reasons for failure to adopt a county-wide planning policy
in order that any imposed sanction or sanctions are fairly and
equitably related to the failure to adopt a county-wide planning
policy.
(6) Cities and the governor may appeal an adopted county-wide
planning policy to the growth management hearings board within sixty
days of the adoption of the county-wide planning policy.
(7) Multicounty planning policies shall be adopted by two or more
counties, each with a population of four hundred fifty thousand or
more, with contiguous urban areas and may be adopted by other counties,
according to the process established under this section or other
processes agreed to among the counties and cities within the affected
counties throughout the multicounty region.
Sec. 406 RCW 36.70A.490 and 1995 c 347 s 115 are each amended to
read as follows:
The growth management planning and environmental review fund is
hereby established in the state treasury. Moneys may be placed in the
fund from the proceeds of bond sales, tax revenues, budget transfers,
federal appropriations, gifts, or any other lawful source. Moneys in
the fund may be spent only after appropriation. Moneys in the fund
shall be used to make grants and loans to local governments for the
purposes set forth in RCW 43.21C.240, 43.21C.031, or 36.70A.500.
Sec. 407 RCW 36.70A.500 and 1997 c 429 s 28 are each amended to
read as follows:
(1) The department ((of community, trade, and economic
development)) shall provide management services for the fund created by
RCW 36.70A.490. The department shall establish procedures for fund
management. The department shall encourage participation in the
((grant)) program by other public agencies. The department shall
develop ((the)) grant and loan criteria, monitor the ((grant)) program,
and select ((grant)) recipients in consultation with state agencies
participating in the ((grant)) program through the provision of
((grant)) funds or technical assistance.
(2) A grant or loan may be awarded to a county or city that is
required to or has chosen to plan under RCW 36.70A.040 and that is
qualified pursuant to this section. The grant or loan shall be
provided to assist a county or city in paying for the cost of preparing
an environmental analysis under chapter 43.21C RCW, that is integrated
with a comprehensive plan, subarea plan, plan element, county-wide
planning policy, development regulation, monitoring program, or other
planning activity adopted under or implementing this chapter that:
(a) Improves the process for project permit review while
maintaining environmental quality; or
(b) Encourages use of plans and information developed for purposes
of complying with this chapter to satisfy requirements of other state
programs.
(3) In order to qualify for a grant or loan, a county or city
shall:
(a) Demonstrate that it will prepare an environmental analysis
pursuant to chapter 43.21C RCW and subsection (2) of this section that
is integrated with a comprehensive plan, subarea plan, plan element,
county-wide planning policy, development regulations, monitoring
program, or other planning activity adopted under or implementing this
chapter;
(b) Address environmental impacts and consequences, alternatives,
and mitigation measures in sufficient detail to allow the analysis to
be adopted in whole or in part by applicants for development permits
within the geographic area analyzed in the plan;
(c) Demonstrate that procedures for review of development permit
applications will be based on the integrated plans and environmental
analysis;
(d) Include mechanisms to monitor the consequences of growth as it
occurs in the plan area and to use the resulting data to update the
plan, policy, or implementing mechanisms and associated environmental
analysis;
(e) Demonstrate substantial progress towards compliance with the
requirements of this chapter. A county or city that is more than six
months out of compliance with a requirement of this chapter is deemed
not to be making substantial progress towards compliance; and
(f) Provide local funding, which may include financial
participation by the private sector.
(4) In awarding grants and loans, the department shall give
preference to proposals that include one or more of the following
elements:
(a) Furtherance of greenhouse gas emissions reduction requirements;
(b) Financial participation by the private sector, or a
public/private partnering approach;
(((b))) (c) Identification and monitoring of system capacities for
elements of the built environment, and to the extent appropriate, of
the natural environment;
(((c))) (d) Coordination with state, federal, and tribal
governments in project review;
(((d))) (e) Furtherance of important state objectives related to
economic development, protection of areas of statewide significance,
and siting of essential public facilities;
(((e))) (f) Programs to improve the efficiency and effectiveness of
the permitting process by greater reliance on integrated plans and
prospective environmental analysis;
(((f))) (g) Programs for effective citizen and neighborhood
involvement that contribute to greater likelihood that planning
decisions can be implemented with community support; and
(((g))) (h) Programs to identify environmental impacts and
establish mitigation measures that provide effective means to satisfy
concurrency requirements and establish project consistency with the
plans.
(5) If the local funding includes funding provided by other state
functional planning programs, including open space planning and
watershed or basin planning, the functional plan shall be integrated
into and be consistent with the comprehensive plan.
(6) State agencies shall work with grant and loan recipients to
facilitate state and local project review processes that will implement
the projects receiving ((grants)) financial assistance under this
section.
NEW SECTION. Sec. 408 A new section is added to chapter 36.70A
RCW to read as follows:
(1) Except as provided in subsections (6) and (7) of this section,
comprehensive plans and development regulations adopted under this
chapter must authorize transit-oriented development within one-half
mile of a major transit station. The allowed net density for these
transit-oriented development areas must be fifty dwelling units per
acre. The adopted plans and regulations also must:
(a) Include standards for streets, sidewalks, and buildings that
encourage walking and bicycling, and a process to ensure that these
standards are met;
(b) Prioritize for safe walking and bicycling connections to
proximate major transit stations and transit centers;
(c) Provide for a net gain in housing units that are affordable to
low and moderate-income households;
(d) Require one-for-one replacement of demolished or converted
housing units that are affordable to the income level of the displaced
residents. The replacement units are in addition to other affordable
units required by this section. This subsection (1)(d) applies if the
following are demolished or converted: (i) Rental housing units that
are affordable to households earning sixty percent or less of the
adjusted county median income; and (ii) ownership housing that is
affordable to households earning eighty percent of the adjusted county
median income;
(e) Require that all new housing or mixed-use developments provide
housing that is affordable to the income groups in (f) of this
subsection and receive density bonuses equal to the number of housing
units produced under this subsection (1)(e), or provide for master
planned zoning that identifies locations and incentives sufficient to
provide housing that is affordable to the income groups in (f) of this
subsection. The housing units required by this subsection must be
constructed within one-half mile of a major transit station and must be
comparable to the associated market rate development. Affordable units
required by this subsection (1)(e) must be affordable for a minimum of
fifty years, but counties and cities should consider employing tools to
permanently maintain affordability;
(f) Require that: (i) Twenty-five percent of rental units be
affordable to people earning less than eighty percent of the adjusted
county median income, with ten percent of the rental units being
affordable to people earning less than sixty percent of the adjusted
county median income; and (ii) Twenty-five percent of ownership units
be affordable to people earning less than one hundred twenty percent of
the adjusted county median income, with ten percent of the ownership
units being affordable to people earning less than one hundred percent
of the adjusted county median income. Affordable units required by
this subsection (1)(f) must be affordable for a minimum of fifty years,
but counties and cities should consider employing tools to permanently
maintain affordability;
(g) Authorize the waiving of minimum parking space requirements for
any land use; and
(h) Require developers to provide the following to renters earning
less than eighty percent of the adjusted median income who will be
displaced by development: (i) No fewer than ninety days notice of an
order to vacate the affected premises; and (ii) relocation assistance
in an amount determined by the applicable county or city. Relocation
assistance provided under this subsection (1)(h)(ii) may not exceed an
amount equaling three months rent for an affected tenant.
(2) A major transit station includes any of the following within an
urban growth area:
(a) Stations on a high capacity transportation service approved by
the voters and funded or expanded under chapter 81.104 RCW. For
purposes of this subsection (2), streetcars are not considered a high
capacity transportation service;
(b) Commuter rail stations;
(c) Stops on rail or fixed guideway systems, including transitways,
but excluding stops in a streetcar system; and
(d) Stations on bus rapid transit routes that operate on designated
rights-of-way for sixty-five percent or more of a route.
(3) For purposes of this section, "transit-oriented development"
has the same meaning as defined in RCW 36.70A.108.
(4) Density determinations made in accordance with this section
must be calculated by dividing the number of allowed dwelling units by
the net acreage of the applicable area.
(5) Counties and cities must report the number of affordable
housing units created in accordance with subsection (1) of this section
to the department and the appropriate committees of the legislature by
January 1, 2015. Subsequent reports to the department and the
legislature must be completed according to the schedule established in
RCW 36.70A.130(4).
(6) Nothing in this section modifies or otherwise affects planning
or regulatory requirements for airports.
(7) This section does not apply to lands: (a) Designated for
industrial or manufacturing uses in comprehensive plans or zoning
regulations; or (b) upon which stadiums that seat twenty-five thousand
or more persons are located.
Sec. 409 RCW 43.21C.240 and 2003 c 298 s 2 are each amended to
read as follows:
(1) If the requirements of subsection (2) of this section are
satisfied, a county, city, or town reviewing a project action shall
determine that the requirements for environmental analysis, protection,
and mitigation measures in the county, city, or town's development
regulations and comprehensive plans adopted under chapter 36.70A RCW,
and in other applicable local, state, or federal laws and rules provide
adequate analysis of and mitigation for the specific adverse
environmental impacts of the project action to which the requirements
apply. Rules adopted by the department according to RCW 43.21C.110
regarding project specific impacts that may not have been adequately
addressed apply to any determination made under this section. In these
situations, in which all adverse environmental impacts will be
mitigated below the level of significance as a result of mitigation
measures included by changing, clarifying, or conditioning of the
proposed action and/or regulatory requirements of development
regulations adopted under chapter 36.70A RCW or other local, state, or
federal laws, a determination of nonsignificance or a mitigated
determination of nonsignificance is the proper threshold determination.
(2) A county, city, or town shall make the determination provided
for in subsection (1) of this section if:
(a) In the course of project review, including any required
environmental analysis, the local government considers the specific
probable adverse environmental impacts of the proposed action and
determines that these specific impacts are adequately addressed by the
development regulations or other applicable requirements of the
comprehensive plan, subarea plan element of the comprehensive plan, or
other local, state, or federal rules or laws; and
(b) The local government bases or conditions its approval on
compliance with these requirements or mitigation measures.
(3) If a county, city, or town's comprehensive plans, subarea
plans, and development regulations adequately address a project's
probable specific adverse environmental impacts, as determined under
subsections (1) and (2) of this section, the county, city, or town
shall not impose additional mitigation under this chapter during
project review. Project review shall be integrated with environmental
analysis under this chapter.
(4) A comprehensive plan, subarea plan, or development regulation
shall be considered to adequately address an impact if the county,
city, or town, through the planning and environmental review process
under chapter 36.70A RCW and this chapter, has identified the specific
adverse environmental impacts and:
(a) The impacts have been avoided or otherwise mitigated; or
(b) The legislative body of the county, city, or town has
designated as acceptable certain levels of service, land use
designations, development standards, or other land use planning
required or allowed by chapter 36.70A RCW.
(5) In deciding whether a specific adverse environmental impact has
been addressed by an existing rule or law of another agency with
jurisdiction with environmental expertise with regard to a specific
environmental impact, the county, city, or town shall consult orally or
in writing with that agency and may expressly defer to that agency. In
making this deferral, the county, city, or town shall base or condition
its project approval on compliance with these other existing rules or
laws.
(6) Nothing in this section limits the authority of an agency in
its review or mitigation of a project to adopt or otherwise rely on
environmental analyses and requirements under other laws, as provided
by this chapter.
(7) A project action that is consistent with the applicable
comprehensive plan and development regulations may not be challenged
for noncompliance under this chapter with greenhouse gas emissions
requirements if:
(a) The county, city, or town in which the project action is
located has prepared an environmental impact statement under RCW
43.21C.030 for the area covered by the comprehensive plan or subarea
plan that includes a greenhouse gas emissions analysis;
(b) The county, city, or town in which the project action is
located has adopted a comprehensive plan or subarea plan and
development regulations that comply with subsections (3) and (4) of
this section;
(c) The comprehensive plan and development regulations will reduce
greenhouse gas emissions in accordance with RCW 70.235.020, and per
capita vehicle miles traveled in accordance with RCW 47.01.440;
(d) The project action complies with the definition of compact
development in RCW 36.70A.108; and
(e) The project action is located in an urban growth area and a
center designated by the county, city, or town comprehensive plan.
(8) This section shall apply only to a county, city, or town
planning under RCW 36.70A.040.
NEW SECTION. Sec. 410 A new section is added to chapter 43.21C
RCW to read as follows:
Cities and towns authorizing compact development in designated
centers or participating in a regional transfer of development rights
program under chapter 43.362 RCW may impose environmental fees on
development activity as part of the financing for environmental review
under this chapter. Environmental fees imposed under this section:
(1) May only be for: (a) A subarea plan for which the impacts of
compact development have been addressed by the applicable city or town;
or (b) a regional transfer of development rights program receiving area
for which the impacts of development within the receiving area have
been addressed by the applicable city or town;
(2) May only be for environmental review costs that have been
identified as reasonably related to the new development;
(3) May not exceed a proportionate share of the environmental
review costs financed under RCW 36.70A.500, if any, or the costs of
environmental review and holding costs that would have been borne by
the development if no environmental review had occurred; and
(4) Must be used to repay a loan authorized under RCW 36.70A.500,
if applicable.
Sec. 411 RCW 81.104.015 and 1999 c 202 s 9 are each amended to
read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "High capacity transportation system" means a system of public
transportation services within an urbanized region operating
principally on exclusive rights-of-way, and the supporting services and
facilities necessary to implement such a system, including regional
transit systems and interim express services and high occupancy vehicle
lanes, which taken as a whole, provides a substantially higher level of
passenger capacity, speed, and service frequency than traditional
public transportation systems operating principally in general purpose
roadways.
(2) "Rail fixed guideway system" means a light, heavy, or rapid
rail system, monorail, inclined plane, funicular, trolley, or other
fixed rail guideway component of a high capacity transportation system
that is not regulated by the Federal Railroad Administration, or its
successor. "Rail fixed guideway system" does not mean elevators,
moving sidewalks or stairs, and vehicles suspended from aerial cables,
unless they are an integral component of a station served by a rail
fixed guideway system.
(3) "Regional transit system" means a high capacity transportation
system under the jurisdiction of one or more transit agencies except
where a regional transit authority created under chapter 81.112 RCW
exists, in which case "regional transit system" means the high capacity
transportation system under the jurisdiction of a regional transit
authority.
(4) "Transit agency" means city-owned transit systems, county
transportation authorities, metropolitan municipal corporations, and
public transportation benefit areas.
NEW SECTION. Sec. 412 A new section is added to chapter 81.112
RCW to read as follows:
(1) An authority that owns surplus land located within one-half
mile of a major transit station must provide qualifying public or
nonprofit entities an opportunity of first offer to develop the land.
For purposes of this section, a "qualifying public or nonprofit entity"
is an entity that: (a) Is eligible for assistance from the housing
trust fund established in chapter 43.185 RCW; (b) will seek assistance
from the housing trust fund for development of the land; and (c) meets
other financial and development requirements of the authority.
(2) Nothing in this section is intended to conflict with federal
requirements or to require an authority to forego federal funding or
incentives to develop property around transit stations.
Sec. 413 RCW 82.14.0455 and 2006 c 311 s 16 are each amended to
read as follows:
(1) Subject to the provisions in RCW 36.73.065, a transportation
benefit district under chapter 36.73 RCW may fix and impose a sales and
use tax in accordance with the terms of this chapter. The tax
authorized in this section is in addition to any other taxes authorized
by law and shall be collected from those persons who are taxable by the
state under chapters 82.08 and 82.12 RCW upon the occurrence of any
taxable event within the boundaries of the district. The rate of tax
shall not exceed two-tenths of one percent of the selling price in the
case of a sales tax, or value of the article used, in the case of a use
tax. ((The tax may not be imposed for a period exceeding ten years.
This tax may be extended for a period not exceeding ten years with an
affirmative vote of the voters voting at the election.))
(2) Money received from the tax imposed under this section must be
spent in accordance with the requirements of chapter 36.73 RCW.
NEW SECTION. Sec. 414 Sections 401 through 413 of this act take
effect December 1, 2011.
NEW SECTION. Sec. 415 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. 416 Part headings used in this act are not any
part of the law.