| Passed by the Senate February 11, 2010 YEAS 47 BRAD OWEN ________________________________________ President of the Senate Passed by the House March 3, 2010 YEAS 63 FRANK CHOPP ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 6279 as passed by the Senate and the House of Representatives on the dates hereon set forth. THOMAS HOEMANN ________________________________________ Secretary | |
| Approved March 15, 2010, 2:57 p.m. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington | March 15, 2010 Secretary of State State of Washington |
| State of Washington | 61st Legislature | 2010 Regular Session |
Read first time 01/11/10. Referred to Committee on Transportation.
AN ACT Relating to the clarification of regional transit authority facilities as essential public facilities; and amending RCW 36.70A.200.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 36.70A.200 and 2002 c 68 s 2 are each amended to read
as follows:
(1) The comprehensive plan of each county and city that is planning
under RCW 36.70A.040 shall include a process for identifying and siting
essential public facilities. Essential public facilities include those
facilities that are typically difficult to site, such as airports,
state education facilities and state or regional transportation
facilities as defined in RCW 47.06.140, regional transit authority
facilities as defined in RCW 81.112.020, state and local correctional
facilities, solid waste handling facilities, and in-patient facilities
including substance abuse facilities, mental health facilities, group
homes, and secure community transition facilities as defined in RCW
71.09.020.
(2) Each county and city planning under RCW 36.70A.040 shall, not
later than September 1, 2002, establish a process, or amend its
existing process, for identifying and siting essential public
facilities and adopt or amend its development regulations as necessary
to provide for the siting of secure community transition facilities
consistent with statutory requirements applicable to these facilities.
(3) Any city or county not planning under RCW 36.70A.040 shall, not
later than September 1, 2002, establish a process for siting secure
community transition facilities and adopt or amend its development
regulations as necessary to provide for the siting of such facilities
consistent with statutory requirements applicable to these facilities.
(4) The office of financial management shall maintain a list of
those essential state public facilities that are required or likely to
be built within the next six years. The office of financial management
may at any time add facilities to the list.
(5) No local comprehensive plan or development regulation may
preclude the siting of essential public facilities.
(6) No person may bring a cause of action for civil damages based
on the good faith actions of any county or city to provide for the
siting of secure community transition facilities in accordance with
this section and with the requirements of chapter 12, Laws of 2001 2nd
sp. sess. For purposes of this subsection, "person" includes, but is
not limited to, any individual, agency as defined in RCW 42.17.020,
corporation, partnership, association, and limited liability entity.
(7) Counties or cities siting facilities pursuant to subsection (2)
or (3) of this section shall comply with RCW 71.09.341.
(8) The failure of a county or city to act by the deadlines
established in subsections (2) and (3) of this section is not:
(a) A condition that would disqualify the county or city for
grants, loans, or pledges under RCW 43.155.070 or 70.146.070;
(b) A consideration for grants or loans provided under RCW
43.17.250(2); or
(c) A basis for any petition under RCW 36.70A.280 or for any
private cause of action.