BILL REQ. #: H-3025.1
State of Washington | 62nd Legislature | 2012 Regular Session |
Read first time 01/16/12. Referred to Committee on Local Government.
AN ACT Relating to documents used in complying with the growth management act; amending RCW 36.70A.290; adding a new section to chapter 36.70A RCW; and providing an effective date.
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)(a) State agencies, counties, and cities must identify the
authors, including their professional and academic credentials, of
documents created after the effective date of this section by the
agency, county, or city in complying with this chapter. The author and
credential information may be included within the document or posted on
the official web site of the agency, county, or city.
(b) For purposes of this section, "document" means reports,
analyses, guidance, and any other form of written scientific findings
or information.
(2) If the agency, county, or city fails to comply with subsection
(1) of this section, the applicable document or documents may not be
included in a record submitted to the growth management hearings board.
Sec. 2 RCW 36.70A.290 and 2011 c 277 s 1 are each amended to read
as follows:
(1) All requests for review to the growth management hearings board
shall be initiated by filing a petition that includes a detailed
statement of issues presented for resolution by the board. The board
shall render written decisions articulating the basis for its holdings.
The board shall not issue advisory opinions on issues not presented to
the board in the statement of issues, as modified by any prehearing
order.
(2) All petitions relating to whether or not an adopted
comprehensive plan, development regulation, or permanent amendment
thereto, is in compliance with the goals and requirements of this
chapter or chapter 90.58 or 43.21C RCW must be filed within sixty days
after publication as provided in (a) through (c) of this subsection.
(a) Except as provided in (c) of this subsection, the date of
publication for a city shall be the date the city publishes the
ordinance, or summary of the ordinance, adopting the comprehensive plan
or development regulations, or amendment thereto, as is required to be
published.
(b) Promptly after adoption, a county shall publish a notice that
it has adopted the comprehensive plan or development regulations, or
amendment thereto.
Except as provided in (c) of this subsection, for purposes of this
section the date of publication for a county shall be the date the
county publishes the notice that it has adopted the comprehensive plan
or development regulations, or amendment thereto.
(c) For local governments planning under RCW 36.70A.040, promptly
after approval or disapproval of a local government's shoreline master
program or amendment thereto by the department of ecology as provided
in RCW 90.58.090, the department of ecology shall publish a notice that
the shoreline master program or amendment thereto has been approved or
disapproved. For purposes of this section, the date of publication for
the adoption or amendment of a shoreline master program is the date the
department of ecology publishes notice that the shoreline master
program or amendment thereto has been approved or disapproved.
(3) Unless the board dismisses the petition as frivolous or finds
that the person filing the petition lacks standing, or the parties have
filed an agreement to have the case heard in superior court as provided
in RCW 36.70A.295, the board shall, within ten days of receipt of the
petition, set a time for hearing the matter.
(4) The board shall base its decision on the record developed by
the city, county, or the state and supplemented with additional
evidence if the board determines that such additional evidence would be
necessary or of substantial assistance to the board in reaching its
decision. In accordance with section 1 of this act, the board may not
consider documents created after the effective date of this section
that are ineligible for submission to the board.
(5) The board, shall consolidate, when appropriate, all petitions
involving the review of the same comprehensive plan or the same
development regulation or regulations.
NEW SECTION. Sec. 3 This act takes effect July 1, 2012.