March 4, 20255640March 26, 20253019

I, Bernard Dean, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE HOUSE BILL 1135 as passed by the House of Representatives and the Senate on the dates hereon set forth.

Chief Clerk

Secretary of State

State of Washington

ESHB 1135.PLENGROSSED SUBSTITUTE HOUSE BILL 1135Passed Legislature2025 Regular Session69th Legislature2025 Regular SessionHouse Local Government (originally sponsored by Representatives Duerr, Parshley, Berry, Fitzgibbon, Doglio, Peterson, Wylie, Berg, Davis, Lekanoff, and Hill)READ FIRST TIME 02/14/25.Ensuring that local government planning complies with the growth management act. AN ACT Relating to ensuring that local government planning complies with the growth management act; and amending RCW 36.70A.330. Sec. 1. RCW 36.70A.330 and 2021 c 312 s 2 are each amended to read as follows:Noncompliance.

(1) After the time set for complying with the requirements of this chapter under RCW 36.70A.300(3)(b) has expired, or at an earlier time upon the motion of a county or city subject to a determination of invalidity under RCW 36.70A.300, the board shall set a hearing for the purpose of determining whether the state agency, county, or city is in compliance with the requirements of this chapter.

(2)(a) The board shall conduct a hearing and issue a finding of compliance or noncompliance with the requirements of this chapter and with any compliance schedule established by the board in its final order.

(b) The board may not issue a finding of compliance unless the county or city has amended the portion of the plan or regulations that were found noncompliant, and the amendments addressing the noncompliance order are compliant with the requirements of this chapter.

(c) A person with standing to challenge the legislation enacted in response to the board's final order may participate in the hearing along with the petitioner and the state agency, county, or city.

(d) A hearing under this subsection shall be given the highest priority of business to be conducted by the board, and a finding shall be issued within forty-five 45 days of the filing of the motion under subsection (1) of this section with the board. The board shall issue any order necessary to make adjustments to the compliance schedule and set additional hearings as provided in subsection (5) of this section.

(3) If the board after a compliance hearing finds that the state agency, county, or city is not in compliance, the board shall transmit its finding to the governor.

(a) The board may refer a finding of noncompliance to the department. The purpose of the referral is for the department to provide technical assistance to facilitate speedy resolution of the finding of noncompliance and to provide training pursuant to RCW 36.70A.332 as necessary.

(b) Alternatively, the board may recommend to the governor that the sanctions authorized by this chapter be imposed. The board shall take into consideration the county's or city's efforts to meet its compliance schedule in making the decision to recommend sanctions to the governor.

(4) In a compliance hearing upon petition of a party, the board shall also reconsider its final order and decide, if no determination of invalidity has been made, whether one now should be made under RCW 36.70A.302.

(5) The board shall schedule additional hearings as appropriate pursuant to subsections (1) and (2) of this section.

2021 c 312 s 2; 1997 c 429 s 21; 1995 c 347 s 112; 1991 sp.s. c 32 s 14. Prospective application—1997 c 429 ss 1-21: See note following RCW 36.70A.3201. Severability—1997 c 429: See note following RCW 36.70A.3201. Finding—Severability—Part headings and table of contents not law—1995 c 347: See notes following RCW 36.70A.470.