CERTIFICATION OF ENROLLMENT

SENATE BILL 5120



61st Legislature
2009 Regular Session

Passed by the Senate April 20, 2009
  YEAS 48   NAYS 0


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President of the Senate
Passed by the House April 15, 2009
  YEAS 96   NAYS 0


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Speaker of the House of Representatives


CERTIFICATE

I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 5120 as passed by the Senate and the House of Representatives on the dates hereon set forth.


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Secretary
Approved 









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Governor of the State of Washington
FILED







Secretary of State
State of Washington


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SENATE BILL 5120
_____________________________________________

AS AMENDED BY THE HOUSE

Passed Legislature - 2009 Regular Session
State of Washington61st Legislature2009 Regular Session

By Senators Fairley, McDermott, and Holmquist

Read first time 01/14/09.   Referred to Committee on Government Operations & Elections.



     AN ACT Relating to agricultural structures; amending RCW 19.27.015 and 19.27.100; adding a new section to chapter 19.27 RCW; creating new sections; and providing an expiration date.

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

NEW SECTION.  Sec. 1   The legislature finds that permit and inspection fees for new agricultural structures should not exceed the direct and indirect costs associated with reviewing permit applications, conducting inspections, and preparing specific environmental documents.

Sec. 2   RCW 19.27.015 and 1996 c 157 s 1 are each amended to read as follows:
     As used in this chapter:
     (1) "Agricultural structure" means a structure designed and constructed to house farm implements, hay, grain, poultry, livestock, or other horticultural products. This structure may not be a place of human habitation or a place of employment where agricultural products are processed, treated, or packaged, nor may it be a place used by the public;
     (2)
"City" means a city or town;
     (((2))) (3) "Multifamily residential building" means common wall residential buildings that consist of four or fewer units, that do not exceed two stories in height, that are less than five thousand square feet in area, and that have a one-hour fire-resistive occupancy separation between units; and
     (((3))) (4) "Temporary growing structure" means a structure that has the sides and roof covered with polyethylene, polyvinyl, or similar flexible synthetic material and is used to provide plants with either frost protection or increased heat retention.

NEW SECTION.  Sec. 3   A new section is added to chapter 19.27 RCW to read as follows:
     Permitting and plan review fees under this chapter for agricultural structures may only cover the costs to counties, cities, towns, and other municipal corporations of processing applications, inspecting and reviewing plans, preparing detailed statements required by chapter 43.21C RCW, and performing necessary inspections under this chapter.

Sec. 4   RCW 19.27.100 and 1975 1st ex.s. c 8 s 1 are each amended to read as follows:
     Except for permitting fees for agricultural structures under section 3 of this act, nothing in this chapter shall prohibit a city, town, or county of the state from imposing fees different from those set forth in the state building code.

NEW SECTION.  Sec. 5   (1) The state auditor, in accordance with RCW 43.09.470, must conduct a performance audit of the reasonableness of building and inspection fees permitted under RCW 82.02.020 that are imposed by eight counties, as determined by the auditor. In selecting counties for the audit, the auditor must choose four counties located west of the crest of the Cascade mountain range, and four counties located east of the crest of the Cascade mountain range. The selected counties must represent a diversity of agricultural economies. In completing the audit, the state auditor must include guidance on determining allowable costs, and methodologies for allocating costs to specific projects. The state auditor, when developing written cost allocation guidance, must consider variances in the sizes of local government entities.
     (2) In completing the audit report required by this section, the state auditor must establish and consult with a county government advisory committee. The advisory committee must consist of members from county and city governments and other interested parties, as determined by the auditor.
     (3) The state auditor must provide a final audit report to the appropriate committees of the house of representatives and the senate by December 31, 2009.
     (4) Revenues from the performance audits of the government account created in RCW 43.09.475 must be used for the audit required by this section.
     (5) This section expires July 1, 2011.

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