BILL REQ. #:  Z-0375.1 

Read first time 02/04/09.   Referred to Committee on Local Government & Housing.

     AN ACT Relating to land use and transportation planning for marine container ports; reenacting and amending RCW 47.06.140; adding a new section to chapter 36.70A RCW; and creating new sections.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   (1) The legislature finds that Washington's marine container ports operate within a complex system of marine terminal operations, truck and train transportation corridors, and industrial services that together support a critical amount of our state and national economy, including key parts of our state's manufacturing and agricultural sectors, and directly create thousands of high-wage jobs throughout our region.
     (2) The legislature further finds that the container port services are increasingly challenged by the conversion of industrial properties to nonindustrial uses, leading to competing and incompatible uses that can hinder port operations, restrict efficient movement of freight, and limit the opportunity for improvements to existing port-related facilities.
     (3) It is the intent of the legislature to ensure that local land use decisions are made in consideration of the long-term and widespread economic contribution of our international container ports and related industrial lands and transportation systems, and to ensure that container ports continue to function effectively alongside vibrant city waterfronts.

NEW SECTION.  Sec. 2   A new section is added to chapter 36.70A RCW to read as follows:
     (1) For cities that include a marine container port with annual operating revenues in excess of sixty million dollars, the city comprehensive plan required under RCW 36.70A.070 must include a container port element.
     (a) The container port element must establish policies and programs that define and protect the core areas of port and port-related industrial uses within the city, provide reasonably efficient access to the core area through freight corridors within the city limits, identify and resolve key land use conflicts along the edge of the core area, and minimize and mitigate incompatible uses along the edge of the core area to the extent practicable.
     (b) The city and the port shall collaborate in the development of the container port element.
     (c) The container port element must be completed and approved by the city according to the schedule specified in RCW 36.70A.130.
     (d) The container port element must be consistent with the economic development, transportation, and land use elements of the city's comprehensive plan, and with the city's capital facilities plan.
     (e) The city and the port shall work together to ensure consistency between the container port element and the port comprehensive scheme required under chapters 53.20 and 53.25 RCW, while retaining sufficient planning flexibility to secure emerging economic opportunities.
     (2) In developing the container port element plan required under subsection (1) of this section, the city may include one or more of the following approaches:
     (a) Creation of a port overlay district that protects container port uses;
     (b) Industrial land banks;
     (c) Buffers and transition zones between incompatible uses;
     (d) Joint transportation funding agreements;
     (e) Policies to encourage the retention of valuable warehouse and storage facilities;
     (f) Limitations on the location or size, or both, of nonindustrial uses in the core area and surrounding areas; and
     (g) Other approaches by agreement between the city and the port.
     (3) The department of community, trade, and economic development shall provide matching grant funds to the city to support development of the container port element.
     (4) Any planned improvements to the marine container ports identified in the container port element must be transmitted by the city to the transportation commission for inclusion in the statewide transportation plan required under RCW 47.01.071.

Sec. 3   RCW 47.06.140 and 2007 c 516 s 11 and 2007 c 512 s 2 are each reenacted and amended to read as follows:
     (1) The legislature declares the following transportation facilities and services to be of statewide significance: Highways of statewide significance as designated by the legislature under chapter 47.05 RCW, the interstate highway system, interregional state principal arterials including ferry connections that serve statewide travel, intercity passenger rail services, intercity high-speed ground transportation, major passenger intermodal terminals excluding all airport facilities and services, the freight railroad system, the Columbia/Snake navigable river system, marine port facilities and services that are related solely to marine activities affecting international and interstate trade, key freight transportation corridors serving these marine port facilities, and high capacity transportation systems serving regions as defined in RCW 81.104.015. The department, in cooperation with regional transportation planning organizations, counties, cities, transit agencies, public ports, private railroad operators, and private transportation providers, as appropriate, shall plan for improvements to transportation facilities and services of statewide significance in the statewide multimodal transportation plan. Improvements to facilities and services of statewide significance identified in the statewide multimodal transportation plan, or to highways of statewide significance designated by the legislature under chapter 47.05 RCW, are essential state public facilities under RCW 36.70A.200.
     (2) The department of transportation, in consultation with local governments, shall set level of service standards for state highways and state ferry routes of statewide significance. Although the department shall consult with local governments when setting level of service standards, the department retains authority to make final decisions regarding level of service standards for state highways and state ferry routes of statewide significance. In establishing level of service standards for state highways and state ferry routes of statewide significance, the department shall consider the necessary balance between providing for the free interjurisdictional movement of people and goods and the needs of local communities using these facilities. When setting the level of service standards under this section for state ferry routes, the department may allow for a standard that is adjustable for seasonality.

NEW SECTION.  Sec. 4   If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2009, in the omnibus appropriations act, this act is null and void.