SENATE BILL REPORT

HB 1360

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Reported by Senate Committee On:

Governmental Operations, February 27, 2014

Title: An act relating to extending the deadline to designate one or more industrial land banks.

Brief Description: Extending the deadline to designate one or more industrial land banks.

Sponsors: Representatives Wylie and Harris.

Brief History: Passed House: 2/12/14, 72-26.

Committee Activity: Governmental Operations: 2/27/14 [DP].

SENATE COMMITTEE ON GOVERNMENTAL OPERATIONS

Majority Report: Do pass.

Signed by Senators Roach, Chair; Benton, Vice Chair; Hasegawa, Ranking Member; Conway, Dansel, McCoy and Rivers.

Staff: Karen Epps (786-7424)

Background: The Growth Management Act (GMA) is the comprehensive land use planning framework for county and city governments in Washington. Enacted in 1990 and 1991, GMA establishes numerous requirements for local governments obligated by mandate or choice to fully plan under GMA and a reduced number of directives for all other counties and cities.

GMA directs planning jurisdictions to adopt internally consistent comprehensive land use plans that are generalized, coordinated land use policy statements of the governing body. GMA includes numerous requirements relating to the use or development of land in urban and rural areas. Among other planning requirements, counties that fully plan under GMA (planning counties) must designate urban growth areas (UGAs), or areas within which urban growth must be encouraged and outside of which growth can occur only if it is not urban in nature.

In 1996 the Legislature enacted a pilot project authorizing the establishment of major industrial development locations outside of UGAs for the purpose of expeditiously siting qualifying developments. Among other provisions, the pilot project legislation included criteria for siting these developments within designated banks of land, provided for amending comprehensive plans to implement these provisions, and specified eligibility criteria and termination dates. The provisions of the original pilot project have been amended several times to modify the applicable criteria and termination dates.

Currently, planning counties meeting specific population, unemployment, and geographic requirements may, in consultation with cities, establish a process for designating a bank of one or two master-planned locations for major industrial activity outside of UGAs. The two-step master planned location siting process requires designation of an industrial land bank (land bank) in the jurisdiction's comprehensive plan, and a subsequent approval of specific major industrial developments through a local master plan process. The designation process for a land bank requires the adoption of development regulations for the review and approval of specific major industrial developments through a master plan process.

A planning county choosing to identify and approve locations for land banks must take action to designate one or more of these banks and adopt regulations meeting certain requirements on or before the last date to complete the county's next periodic comprehensive plan and development regulations review that occurs before December 31, 2014. The authority of a county to designate a land bank area in its comprehensive plan expires if not acted upon within these time limitations. Once a land bank area has been identified in a county's comprehensive plan, the authority of the county to process a master plan or site projects within an approved master plan does not expire.

Summary of Bill: A planning county choosing to identify and approve locations for land banks must take action to designate one or more of these banks and adopt regulations meeting certain requirements on or before the last date to complete the county's next periodic comprehensive plan and development regulations review that occurs before December 31, 2016.

Appropriation: None.

Fiscal Note: Available.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony: PRO: This focus of industrial land banks is on the creation of job-producing industrial facilities. The designation of these land banks occurs where there is not a site large enough within the UGA to support the industry. There are two projects in Clark County that could be affected by this legislation. One project is currently going through the process and a second is being considered. These projects have the potential to create up to 2500 jobs in the next ten years. Clark County is looking at light industrial development within these projects. In Clark County, geography limits where these projects can be located. This is a tool that has been around intermittently as it expires and is renewed, but it has not been used very much because it is a very specific and careful tool for when appropriate land is available outside the UGA and there is not appropriate land within the UGA.

Persons Testifying: PRO: Representative Wylie, prime sponsor; Mike Burgess, Clark County.