BILL REQ. #:  H-3639.1 

Read first time 01/17/12.   Referred to Committee on Local Government.

     AN ACT Relating to authorizing the department of commerce to approve comprehensive plans and development regulations; amending RCW 36.70A.290; and adding a new section to chapter 36.70A RCW.

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 comprehensive plan, development regulation, or amendment to a comprehensive plan or development regulation is effective when approved by the department.
     (2) Upon receiving a comprehensive plan, development regulation, or amendment to a comprehensive plan or development regulation adopted by a county or city, the department shall:
     (a) Provide notice to and an opportunity for written comment by all interested parties of record as a part of the local government review process for the proposal and to all persons, groups, and agencies that have requested in writing notice of proposed comprehensive plans, development regulations, or amendments to comprehensive plans or development regulations generally or for a specific area, subject matter, or issue. The comment period must be at least thirty days, unless the department determines that the level of complexity or controversy involved supports a shorter period;
     (b) In the department's discretion, conduct a public hearing during the thirty-day comment period in the jurisdiction proposing the comprehensive plan, development regulation, or amendment to a comprehensive plan or development regulation;
     (c) Within fifteen days after the close of public comment, request the local government to review the issues identified by the public, interested parties, groups, and agencies and provide a written response as to how the proposal addresses the identified issues;
     (d) Within thirty days after receipt of the local government response required under (c) of this subsection, make written findings and conclusions regarding the consistency of the proposal with the goals and requirements of this chapter, provide a response to the issues identified in (c) of this subsection, and either approve the proposal as submitted, recommend specific changes necessary to make the proposal approvable, or deny approval of the proposal in those instances where no alteration of the proposal appears likely to be consistent with the goals and requirements of this chapter. The written findings and conclusions shall be provided to the local government, all interested persons, parties, groups, and agencies of record on the proposal;
     (e) If the department recommends changes to the comprehensive plan, development regulation, or amendment to a comprehensive plan or development regulation, within thirty days after the department mails the written findings and conclusions to the local government, the local government may:
     (i) Agree to the proposed changes. The receipt by the department of the written notice of agreement constitutes final action by the department approving the amendment; or
     (ii) Submit an alternative proposal. If, in the opinion of the department, the alternative is consistent with the purpose and intent of the changes originally submitted by the department and with this chapter, the department shall approve the changes and provide written notice to all recipients of the written findings and conclusions. If the department determines the proposal is not consistent with the purpose and intent of the changes proposed by the department, the department may resubmit the proposal for public and agency review pursuant to this section or reject the proposal.
     (3) The department shall approve the comprehensive plan, development regulation, or amendment to a comprehensive plan or development regulation unless it determines that the submittals are not consistent with the goals and requirements of this chapter.
     (4) A comprehensive plan, development regulation, or amendment to a comprehensive plan or development regulation takes effect when and in such form as approved or adopted by the department.
     (5) Comprehensive plans, development regulations, or amendments to comprehensive plans or development regulations adopted before the effective date of this section do not require review and approval by the department under this section.

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))) Promptly after approval or disapproval of a local government's comprehensive plan, development regulation, or amendment to a comprehensive plan or development regulation as provided in section 1 of this act, the local government shall publish a notice that the comprehensive plan, development regulation, or amendment to a comprehensive plan or development regulation has been approved or disapproved by the department.
     (b) 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.
     (5) The board, shall consolidate, when appropriate, all petitions involving the review of the same comprehensive plan or the same development regulation or regulations.