BILL REQ. #:  S-2786.1 

Read first time 03/30/09.   Referred to Committee on Ways & Means.

     AN ACT Relating to siting major auctioneering activity; amending RCW 43.157.010; and adding a new section to chapter 36.70A RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 36.70A RCW to read as follows:
     (1) In addition to the major industrial development allowed under RCW 36.70A.365 and 36.70A.367, a county planning under RCW 36.70A.040 that meets the criteria in subsection (2) of this section may establish, in consultation with cities consistent with RCW 36.70A.210, a process for designating a master planned location for major auctioneering activity outside urban growth areas, and regardless of any underlying landuse designation. Once a master planned location is designated, it shall be considered an urban growth area retained for purposes of promoting major auctioneering activity.
     (2) This section applies to a county that, at the time the process is established in subsection (1) of this section, has or is adjacent to a county that has an industrial equipment auction yard within fifty miles of the master planned location, and the master planned location is currently and planned to be located within two miles of the Interstate 5 corridor.
     (3) Designation of a master planned location for major auctioneering activities under subsection (1) of this section is an amendment to the comprehensive plan adopted under RCW 36.70A.070, and the comprehensive plan does not require further amendment. The process established under subsection (1) of this section for designating a master planned location for major auctioneering activity must include, but is not limited to, the following comprehensive plan policy criteria:
     (a) The master planned location must be located on lands: That consist of an aggregation of land of one hundred fifty or more acres, which is not required to be contiguous; and that are suitable for major auctioneering activity;
     (b) New infrastructure is provided for;
     (c) Environmental review of a proposed designation of a master planned location must be at the programmatic level, as long as the environmental review of a proposed designation that is being reviewed concurrent with a proposed major auctioneering activity is at the project level;
     (d) The site is used no more than eight times per year to conduct major auctioneering activity. The full-time, annual, on-site employees do not exceed sixty persons.
     The maximum number of members of the public on the site at any one time does not exceed five thousand;
     (e) Urban growth will not occur in adjacent nonurban areas;
     (f) Commercial development within a master planned location must be directly related to the major auctioneering activity. Commercial uses other than major auctioneering activity shall not exceed ten percent of the total gross area of the development.
     (4) Final approval of the designation of a master planned location designated under subsection (3) of this section is subject to appeal under RCW 36.70B.120.
     (5) RCW 36.70A.365, 36.70A.367, and 36.70A.368 do not apply to the designation of master planned locations or the review and approval of specific major auctioneering activities under this section.
     (6) "Major auctioneering activity" means the business of conducting auctions by an "auction company," as defined in RCW 18.11.050, for which the goods primarily offered for sale are industrial equipment, and for which the gross annual sales at the master planned location are expected to exceed ten million dollars.

Sec. 2   RCW 43.157.010 and 2004 c 275 s 63 are each amended to read as follows:
     (1) For purposes of this chapter and RCW 28A.525.166, 28B.76.210, 28C.18.080, 43.21A.350, ((47.06.030,)) and 90.58.100 ((and)) an industrial project of statewide significance is a border crossing project that involves both private and public investments carried out in conjunction with adjacent states or provinces or a private industrial development with private capital investment in manufacturing, auctioneering, or research and development. To qualify as an industrial project of statewide significance: (a) The project must be completed after January 1, 1997; (b) the applicant must submit an application for designation as an industrial project of statewide significance to the department of community, trade, and economic development; and (c) the project must have:
     (i) In counties with a population of less than or equal to twenty thousand, a capital investment of twenty million dollars;
     (ii) In counties with a population of greater than twenty thousand but no more than fifty thousand, a capital investment of fifty million dollars;
     (iii) In counties with a population of greater than fifty thousand but no more than one hundred thousand, a capital investment of one hundred million dollars;
     (iv) In counties with a population of greater than one hundred thousand but no more than two hundred thousand, a capital investment of two hundred million dollars;
     (v) In counties with a population of greater than two hundred thousand but no more than four hundred thousand, a capital investment of four hundred million dollars;
     (vi) In counties with a population of greater than four hundred thousand but no more than one million, a capital investment of six hundred million dollars;
     (vii) In counties with a population of greater than one million, a capital investment of one billion dollars;
     (viii) In counties with fewer than one hundred persons per square mile as determined annually by the office of financial management and published by the department of revenue effective for the period July 1st through June 30th, projected full-time employment positions after completion of construction of fifty or greater;
     (ix) In counties with one hundred or more persons per square mile as determined annually by the office of financial management and published by the department of revenue effective for the period July 1st through June 30th, projected full-time employment positions after completion of construction of one hundred or greater; or
     (x) Been designated by the director of community, trade, and economic development as an industrial project of statewide significance either: (A) Because the county in which the project is to be located is a distressed county and the economic circumstances of the county merit the additional assistance such designation will bring; or (B) because the impact on a region due to the size and complexity of the project merits such designation.
     (2) The term manufacturing shall have the meaning assigned it in RCW ((82.61.010)) 82.62.010.
     (3) The term auctioneering shall have the meaning assigned to major auctioneering activity in section 1 of this act.
     (4) The term research and development shall have the meaning assigned it in RCW ((82.61.010)) 82.62.010.
     (((4))) (5) The term applicant means a person applying to the department of community, trade, and economic development for designation of a development project as an industrial project of statewide significance.