BILL REQ. #:  S-3737.1 

Read first time 01/12/10.   Referred to Committee on Transportation.

     AN ACT Relating to siting of large commercial airports; amending RCW 35.63.250, 35A.63.270, and 36.70A.510; adding a new section to chapter 36.70 RCW; creating a new section; making an appropriation; and providing an expiration date.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 36.70 RCW to read as follows:
     (1) In order to plan for a new primary commercial service airport, every county, city, and town in which there is planned to be a primary commercial service airport shall, through its comprehensive plan and development regulations, create an aviation protection zone of at least seven miles around a future primary commercial service airport site in which the siting of incompatible uses is prohibited. Incompatible uses include, but are not limited to, housing, K-12 educational facilities, and hospitals. All proposed and adopted plans and regulations shall be filed with the aviation division of the department of transportation within a reasonable time after release for public consideration and comment. Each county, city, and town may obtain technical assistance from the aviation division of the department of transportation to develop plans and regulations consistent with this section.
     (2) "Primary commercial service airport" means an airport that receives scheduled passenger service and enplanes ten thousand or more passengers annually, as reported by the federal aviation administration.
     (3) This section applies to every county, city, and town, whether operating under this chapter or chapter 35.63, 35A.63, or 36.70A RCW, or under a charter.

Sec. 2   RCW 35.63.250 and 1996 c 239 s 3 are each amended to read as follows:
     Adoption and amendment of comprehensive plan provisions and development regulations under this chapter affecting a general aviation airport are subject to RCW 36.70.547.
     Adoption and amendment of comprehensive plan provisions and development regulations under this chapter affecting a primary commercial service airport are subject to section 1 of this act.

Sec. 3   RCW 35A.63.270 and 1996 c 239 s 4 are each amended to read as follows:
     Adoption and amendment of comprehensive plan provisions and development regulations under this chapter affecting a general aviation airport are subject to RCW 36.70.547.
     Adoption and amendment of comprehensive plan provisions and development regulations under this chapter affecting a primary commercial service airport are subject to section 1 of this act.

Sec. 4   RCW 36.70A.510 and 1996 c 239 s 5 are each amended to read as follows:
     Adoption and amendment of comprehensive plan provisions and development regulations under this chapter affecting a general aviation airport are subject to RCW 36.70.547.
     Adoption and amendment of comprehensive plan provisions and development regulations under this chapter affecting a primary commercial service airport are subject to section 1 of this act.

NEW SECTION.  Sec. 5   (1) The aviation division of the department of transportation shall hire an independent consultant to identify the location within the state of the next primary commercial service airport. In conducting the work, the consultant shall use the findings of the long-term air transportation study completed under RCW 47.68.390 and 47.68.400. The department shall submit the consultant's findings to the appropriate standing committees of the legislature, the governor, the transportation commission, and regional transportation planning organizations by July 1, 2010.
     (2) This section expires July 1, 2011.

NEW SECTION.  Sec. 6   The sum of two hundred fifty thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 2011, from the multimodal transportation account--state to the department of transportation for the purposes of section 5 of this act.