SHB 1478 -
By Representative Springer
ADOPTED 03/04/2011
Beginning on page 2, line 7, strike all of section 2 and insert the following:
"Sec. 2 RCW 36.70A.130 and 2010 c 216 s 1 and 2010 c 211 s 2 are
each reenacted and amended to read as follows:
(1)(a) Each comprehensive land use plan and development regulations
shall be subject to continuing review and evaluation by the county or
city that adopted them. Except as otherwise provided, a county or city
shall take legislative action to review and, if needed, revise its
comprehensive land use plan and development regulations to ensure the
plan and regulations comply with the requirements of this chapter
according to the deadlines in subsections (4) and (5) of this section.
(b) Except as otherwise provided, a county or city not planning
under RCW 36.70A.040 shall take action to review and, if needed, revise
its policies and development regulations regarding critical areas and
natural resource lands adopted according to this chapter to ensure
these policies and regulations comply with the requirements of this
chapter according to the deadlines in subsections (4) and (5) of this
section. Legislative action means the adoption of a resolution or
ordinance following notice and a public hearing indicating at a
minimum, a finding that a review and evaluation has occurred and
identifying the revisions made, or that a revision was not needed and
the reasons therefor.
(c) ((The review and evaluation required by this subsection may be
combined with the review required by subsection (3) of this section.))
The review and evaluation required by this subsection shall include,
but is not limited to, consideration of critical area ordinances and,
if planning under RCW 36.70A.040, an analysis of the population
allocated to a city or county from the most recent ten-year population
forecast by the office of financial management.
(d) Any amendment of or revision to a comprehensive land use plan
shall conform to this chapter. Any amendment of or revision to
development regulations shall be consistent with and implement the
comprehensive plan.
(2)(a) Each county and city shall establish and broadly disseminate
to the public a public participation program consistent with RCW
36.70A.035 and 36.70A.140 that identifies procedures and schedules
whereby updates, proposed amendments, or revisions of the comprehensive
plan are considered by the governing body of the county or city no more
frequently than once every year. "Updates" means to review and revise,
if needed, according to subsection (1) of this section, and the
deadlines in subsections (4) and (5) of this section or in accordance
with the provisions of subsection (6) of this section. Amendments may
be considered more frequently than once per year under the following
circumstances:
(i) The initial adoption of a subarea plan. Subarea plans adopted
under this subsection (2)(a)(i) must clarify, supplement, or implement
jurisdiction-wide comprehensive plan policies, and may only be adopted
if the cumulative impacts of the proposed plan are addressed by
appropriate environmental review under chapter 43.21C RCW;
(ii) The development of an initial subarea plan for economic
development located outside of the one hundred year floodplain in a
county that has completed a state-funded pilot project that is based on
watershed characterization and local habitat assessment;
(iii) The adoption or amendment of a shoreline master program under
the procedures set forth in chapter 90.58 RCW;
(iv) The amendment of the capital facilities element of a
comprehensive plan that occurs concurrently with the adoption or
amendment of a county or city budget; or
(v) The adoption of comprehensive plan amendments necessary to
enact a planned action under RCW 43.21C.031(2), provided that
amendments are considered in accordance with the public participation
program established by the county or city under this subsection (2)(a)
and all persons who have requested notice of a comprehensive plan
update are given notice of the amendments and an opportunity to
comment.
(b) Except as otherwise provided in (a) of this subsection, all
proposals shall be considered by the governing body concurrently so the
cumulative effect of the various proposals can be ascertained.
However, after appropriate public participation a county or city may
adopt amendments or revisions to its comprehensive plan that conform
with this chapter whenever an emergency exists or to resolve an appeal
of a comprehensive plan filed with the growth management hearings board
or with the court.
(3)(a) Each county that designates urban growth areas under RCW
36.70A.110 shall review, ((at least every ten years)) according to the
schedules established in subsection (5) of this section, its designated
urban growth area or areas, and the densities permitted within both the
incorporated and unincorporated portions of each urban growth area. In
conjunction with this review by the county, each city located within an
urban growth area shall review the densities permitted within its
boundaries, and the extent to which the urban growth occurring within
the county has located within each city and the unincorporated portions
of the urban growth areas.
(b) The county comprehensive plan designating urban growth areas,
and the densities permitted in the urban growth areas by the
comprehensive plans of the county and each city located within the
urban growth areas, shall be revised to accommodate the urban growth
projected to occur in the county for the succeeding twenty-year period.
The review required by this subsection may be combined with the review
and evaluation required by RCW 36.70A.215.
(4) Except as provided in subsection (6) of this section, counties
and cities shall take action to review and, if needed, revise their
comprehensive plans and development regulations to ensure the plan and
regulations comply with the requirements of this chapter as follows:
(a) On or before December 1, 2004, for Clallam, Clark, Jefferson,
King, Kitsap, Pierce, Snohomish, Thurston, and Whatcom counties and the
cities within those counties;
(b) On or before December 1, 2005, for Cowlitz, Island, Lewis,
Mason, San Juan, Skagit, and Skamania counties and the cities within
those counties;
(c) On or before December 1, 2006, for Benton, Chelan, Douglas,
Grant, Kittitas, Spokane, and Yakima counties and the cities within
those counties; and
(d) On or before December 1, 2007, for Adams, Asotin, Columbia,
Ferry, Franklin, Garfield, Grays Harbor, Klickitat, Lincoln, Okanogan,
Pacific, Pend Oreille, Stevens, Wahkiakum, Walla Walla, and Whitman
counties and the cities within those counties.
(5) Except as otherwise provided in subsection (6) of this section,
following the review of comprehensive plans and development regulations
required by subsection (4) of this section, counties and cities shall
take action to review and, if needed, revise their comprehensive plans
and development regulations to ensure the plan and regulations comply
with the requirements of this chapter as follows:
(a) On or before ((December 1, 2014)) June 30, 2015, and every
((seven)) ten years thereafter, for ((Clallam,)) Clark, ((Jefferson,))
and King((, Kitsap, Pierce, Snohomish, Thurston, and Whatcom)) counties
and the cities within those counties;
(b) On or before ((December 1, 2015)) June 30, 2016, and every
((seven)) ten years thereafter, for ((Cowlitz, Island, Lewis)) Kitsap,
((Mason, San Juan, Skagit,)) Pierce, Snohomish, and ((Skamania))
Thurston counties and the cities within those counties;
(c) On or before ((December 1, 2016)) June 30, 2017, and every
((seven)) ten years thereafter, for ((Benton, Chelan, Douglas, Grant,
Kittitas)) Clallam, Island, Jefferson, Mason, San Juan, Skagit,
Spokane, and ((Yakima)) Whatcom counties and the cities within those
counties; ((and))
(d) On or before ((December 1, 2017)) June 30, 2018, and every
((seven)) ten years thereafter, for ((Adams, Asotin, Columbia, Ferry,
Franklin, Garfield, Grays Harbor, Klickitat, Lincoln, Okanogan,
Pacific, Pend Oreille, Stevens, Wahkiakum, Walla Walla, and Whitman))
Benton, Chelan, Cowlitz, Douglas, Grant, Kittitas, Lewis, Skamania, and
Yakima counties and the cities within those counties; and
(e) On or before June 30, 2019, and every ten years thereafter, for
Adams, Asotin, Columbia, Ferry, Franklin, Garfield, Grays Harbor,
Klickitat, Lincoln, Okanogan, Pacific, Pend Oreille, Stevens,
Wahkiakum, Walla Walla, and Whitman counties and the cities within
those counties.
(6)(a) Nothing in this section precludes a county or city from
conducting the review and evaluation required by this section before
the deadlines established in subsections (4) and (5) of this section.
Counties and cities may begin this process early and may be eligible
for grants from the department, subject to available funding, if they
elect to do so.
(b) A county that is subject to a deadline established in
subsection (4)(b) through (d) of this section and meets the following
criteria may comply with the requirements of this section at any time
within the thirty-six months following the deadline established in
subsection (4) of this section: The county has a population of less
than fifty thousand and has had its population increase by no more than
seventeen percent in the ten years preceding the deadline established
in subsection (4) of this section as of that date.
(c) A city that is subject to a deadline established in subsection
(4)(b) through (d) of this section and meets the following criteria may
comply with the requirements of this section at any time within the
thirty-six months following the deadline established in subsection (4)
of this section: The city has a population of no more than five
thousand and has had its population increase by the greater of either
no more than one hundred persons or no more than seventeen percent in
the ten years preceding the deadline established in subsection (4) of
this section as of that date.
(d) A county or city that is subject to a deadline established in
subsection (4)(d) of this section and that meets the criteria
established in subsection (6)(b) or (c) of this section may comply with
the requirements of subsection (4)(d) of this section at any time
within the thirty-six months after the extension provided in subsection
(6)(b) or (c) of this section.
(e) State agencies are encouraged to provide technical assistance
to the counties and cities in the review of critical area ordinances,
comprehensive plans, and development regulations.
(7)(a) The requirements imposed on counties and cities under this
section shall be considered "requirements of this chapter" under the
terms of RCW 36.70A.040(1). Only those counties and cities that meet
the following criteria may receive grants, loans, pledges, or financial
guarantees under chapter 43.155 or 70.146 RCW:
(i) Complying with the deadlines in this section;
(ii) Demonstrating substantial progress towards compliance with the
schedules in this section for development regulations that protect
critical areas; or
(iii) Complying with the extension provisions of subsection (6)(b),
(c), or (d) of this section.
(b) A county or city that is fewer than twelve months out of
compliance with the schedules in this section for development
regulations that protect critical areas is making substantial progress
towards compliance. Only those counties and cities in compliance with
the schedules in this section may receive preference for grants or
loans subject to the provisions of RCW 43.17.250."
Beginning on page 12, line 12, strike all of section 7
Renumber the remaining sections consecutively, correct any internal references accordingly, and correct the title.
On page 15, beginning on line 30, after "no" strike all material
through "2013." on line 32 and insert "later than December 31, 2010,
((although the department of ecology is encouraged to adopt the final
rules as soon as possible)) except that the department of ecology shall
adopt rules for reclaimed water use no earlier than June 30, 2013."
Beginning on page 16, line 1, strike all of section 11 and insert the following:
"Sec. 11 RCW 90.48.260 and 2007 c 341 s 55 are each amended to
read as follows:
(1) The department of ecology is hereby designated as the state
water pollution control agency for all purposes of the federal clean
water act as it exists on February 4, 1987, and is hereby authorized to
participate fully in the programs of the act as well as to take all
action necessary to secure to the state the benefits and to meet the
requirements of that act. With regard to the national estuary program
established by section 320 of that act, the department shall exercise
its responsibility jointly with the Puget Sound partnership, created in
RCW 90.71.210. The department of ecology may delegate its authority
under this chapter, including its national pollutant discharge
elimination permit system authority and duties regarding animal feeding
operations and concentrated animal feeding operations, to the
department of agriculture through a memorandum of understanding. Until
any such delegation receives federal approval, the department of
agriculture's adoption or issuance of animal feeding operation and
concentrated animal feeding operation rules, permits, programs, and
directives pertaining to water quality shall be accomplished after
reaching agreement with the director of the department of ecology.
Adoption or issuance and implementation shall be accomplished so that
compliance with such animal feeding operation and concentrated animal
feeding operation rules, permits, programs, and directives will achieve
compliance with all federal and state water pollution control laws.
The powers granted herein include, among others, and notwithstanding
any other provisions of chapter 90.48 RCW or otherwise, the following:
(((1))) (a) Complete authority to establish and administer a
comprehensive state point source waste discharge or pollution discharge
elimination permit program which will enable the department to qualify
for full participation in any national waste discharge or pollution
discharge elimination permit system and will allow the department to be
the sole agency issuing permits required by such national system
operating in the state of Washington subject to the provisions of RCW
90.48.262(2). Program elements authorized herein may include, but are
not limited to: (((a))) (i) Effluent treatment and limitation
requirements together with timing requirements related thereto; (((b)))
(ii) applicable receiving water quality standards requirements; (((c)))
(iii) requirements of standards of performance for new sources; (((d)))
(iv) pretreatment requirements; (((e))) (v) termination and
modification of permits for cause; (((f))) (vi) requirements for public
notices and opportunities for public hearings; (((g))) (vii)
appropriate relationships with the secretary of the army in the
administration of his responsibilities which relate to anchorage and
navigation, with the administrator of the environmental protection
agency in the performance of his duties, and with other governmental
officials under the federal clean water act; (((h))) (viii)
requirements for inspection, monitoring, entry, and reporting; (((i)))
(ix) enforcement of the program through penalties, emergency powers,
and criminal sanctions; (((j))) (x) a continuing planning process; and
(((k))) (xi) user charges.
(((2))) (b) The power to establish and administer state programs in
a manner which will insure the procurement of moneys, whether in the
form of grants, loans, or otherwise; to assist in the construction,
operation, and maintenance of various water pollution control
facilities and works; and the administering of various state water
pollution control management, regulatory, and enforcement programs.
(((3))) (c) The power to develop and implement appropriate programs
pertaining to continuing planning processes, area-wide waste treatment
management plans, and basin planning.
The governor shall have authority to perform those actions required
of him or her by the federal clean water act.
(2) By July 31, 2012, the department shall:
(a) Reissue without modification and for a term of one year any
national pollutant discharge elimination system municipal storm water
general permit first issued on January 17, 2007; and
(b) Issue an updated national pollutant discharge elimination
system municipal storm water general permit for any permit first issued
on January 17, 2007. An updated permit issued under this subsection
shall become effective beginning August 1, 2013."
Beginning on page 17, line 26, strike all of section 12 and insert the following:
"Sec. 12 RCW 90.58.080 and 2007 c 170 s 1 are each amended to
read as follows:
(1) Local governments shall develop or amend a master program for
regulation of uses of the shorelines of the state consistent with the
required elements of the guidelines adopted by the department in
accordance with the schedule established by this section.
(2)(a) Subject to the provisions of subsections (5) and (6) of this
section, each local government subject to this chapter shall develop or
amend its master program for the regulation of uses of shorelines
within its jurisdiction according to the following schedule:
(i) On or before December 1, 2005, for the city of Port Townsend,
the city of Bellingham, the city of Everett, Snohomish county, and
Whatcom county;
(ii) On or before December 1, 2009, for King county and the cities
within King county greater in population than ten thousand;
(iii) Except as provided by (a)(i) and (ii) of this subsection, on
or before December 1, 2011, for Clallam, Clark, Jefferson, King,
Kitsap, Pierce, Snohomish, Thurston, and Whatcom counties and the
cities within those counties;
(iv) On or before December 1, 2012, for Cowlitz, Island, Lewis,
Mason, San Juan, Skagit, and Skamania counties and the cities within
those counties;
(v) On or before December 1, 2013, for Benton, Chelan, Douglas,
Grant, Kittitas, Spokane, and Yakima counties and the cities within
those counties; and
(vi) On or before December 1, 2014, for Adams, Asotin, Columbia,
Ferry, Franklin, Garfield, Grays Harbor, Klickitat, Lincoln, Okanogan,
Pacific, Pend Oreille, Stevens, Wahkiakum, Walla Walla, and Whitman
counties and the cities within those counties.
(b) Nothing in this subsection (2) shall preclude a local
government from developing or amending its master program prior to the
dates established by this subsection (2).
(3)(a) Following approval by the department of a new or amended
master program, local governments required to develop or amend master
programs on or before December 1, 2009, as provided by subsection
(2)(a)(i) and (ii) of this section, shall be deemed to have complied
with the schedule established by subsection (2)(a)(iii) of this section
and shall not be required to complete master program amendments until
seven years after the applicable dates established by subsection
(2)(a)(iii) of this section. Any jurisdiction listed in subsection
(2)(a)(i) of this section that has a new or amended master program
approved by the department on or after March 1, 2002, but before July
27, 2003, shall not be required to complete master program amendments
until seven years after the applicable date provided by subsection
(2)(a)(iii) of this section.
(b) Following approval by the department of a new or amended master
program, local governments choosing to develop or amend master programs
on or before December 1, 2009, shall be deemed to have complied with
the schedule established by subsection (2)(a)(iii) through (vi) of this
section and shall not be required to complete master program amendments
until ((seven)) ten years after the applicable dates established by
subsection (2)(a)(iii) through (vi) of this section.
(4)(a) Following the updates required by subsection (2) of this
section, local governments shall conduct a review of their master
programs at least once every ((seven)) ten years ((after the applicable
dates established by subsection (2)(a)(iii) through (vi) of this
section)) as required by (b) of this subsection. Following the review
required by this subsection (4), local governments shall, if necessary,
revise their master programs. The purpose of the review is:
(((a))) (i) To assure that the master program complies with
applicable law and guidelines in effect at the time of the review; and
(((b))) (ii) To assure consistency of the master program with the
local government's comprehensive plan and development regulations
adopted under chapter 36.70A RCW, if applicable, and other local
requirements.
(b) Counties and cities shall take action to review and, if
necessary, revise their master programs as required by (a) of this
subsection as follows:
(i) On or before June 30, 2020, and every ten years thereafter, for
King and Clark counties and the cities within those counties;
(ii) On or before June 30, 2021, and every ten years thereafter,
for Snohomish, Pierce, Kitsap, and Thurston counties and the cities
within those counties;
(iii) On or before June 30, 2022, and every ten years thereafter,
for Spokane, Island, San Juan, Skagit, Whatcom, Clallam, Jefferson, and
Mason counties and the cities within those counties;
(iv) On or before June 30, 2023, and every ten years thereafter,
for Lewis, Cowlitz, Skamania, Yakima, Benton, Kittitas, Chelan,
Douglas, and Grant counties and the cities within those counties; and
(v) On or before June 30, 2024, and every ten years thereafter, for
Lincoln, Adams, Whitman, Asotin, Columbia, Garfield, Walla Walla,
Franklin, Klickitat, Okanogan, Ferry, Stevens, Pend Oreille, Grays
Harbor, Pacific, and Wahkiakum counties and the cities within those
counties.
(5) Local governments are encouraged to begin the process of
developing or amending their master programs early and are eligible for
grants from the department as provided by RCW 90.58.250, subject to
available funding. Except for those local governments listed in
subsection (2)(a)(i) and (ii) of this section, the deadline for
completion of the new or amended master programs shall be two years
after the date the grant is approved by the department. Subsequent
master program review dates shall not be altered by the provisions of
this subsection.
(6)(a) Grants to local governments for developing and amending
master programs pursuant to the schedule established by this section
shall be provided at least two years before the adoption dates
specified in subsection (2) of this section. To the extent possible,
the department shall allocate grants within the amount appropriated for
such purposes to provide reasonable and adequate funding to local
governments that have indicated their intent to develop or amend master
programs during the biennium according to the schedule established by
subsection (2) of this section. Any local government that applies for
but does not receive funding to comply with the provisions of
subsection (2) of this section may delay the development or amendment
of its master program until the following biennium.
(b) Local governments with delayed compliance dates as provided in
(a) of this subsection shall be the first priority for funding in
subsequent biennia, and the development or amendment compliance
deadline for those local governments shall be two years after the date
of grant approval.
(c) Failure of the local government to apply in a timely manner for
a master program development or amendment grant in accordance with the
requirements of the department shall not be considered a delay
resulting from the provisions of (a) of this subsection.
(7) Notwithstanding the provisions of this section, all local
governments subject to the requirements of this chapter that have not
developed or amended master programs on or after March 1, 2002, shall,
no later than December 1, 2014, develop or amend their master programs
to comply with guidelines adopted by the department after January 1,
2003.
(8) Local governments may be provided an additional year beyond the
deadlines in this section to complete their master program or
amendment. The department shall grant the request if it determines
that the local government is likely to adopt or amend its master
program within the additional year."
On page 20, beginning on line 23, after "department" strike all material through "government" on line 26
On page 20, line 29, after "approval." insert the following:
"The department shall strive to achieve final action on a submitted
master program within one hundred eighty days of receipt and shall post
an annual assessment related to this performance benchmark on the
agency web site."
EFFECT: Adjusts the reporting schedules for counties to review and revise their comprehensive plans and development regulations under the Growth Management Act and extends reporting cycles from seven to ten years. Strikes a section relating to required review and revision of comprehensive county solid waste management plans and certain comprehensive city solid waste management plans. Provides that the Department of Ecology (Ecology) must not adopt rules for reclaimed water use until after June 30, 2013. Provides that by July 31, 2012, Ecology shall reissue certain national pollutant discharge elimination system municipal storm water general permits without modification and shall issue updated permits, which will not be effective until August 1, 2013. Modifies the Shoreline Management Act's review and revision cycle to postpone the date of the first required review and to extend subsequent reporting cycles from seven to ten years. Requires Ecology to strive to achieve final action on a submitted master program under the Shoreline Management Act within 180 days of receipt, and to post an annual assessment of its performance on the agency web site.