SENATE BILL REPORT

ESHB 1631

BYHouse Committee on Local Government (originally sponsored by Representatives Haugen, Brough, Nutley, Doty, Nelson, Cooper, Rayburn, Zellinsky, Jacobsen, Hine, Ferguson, May and Unsoeld; by request of Washington State Local Governance Commission)

Authorizing development of local government service agreements.

House Committe on Local Government

Rereferred House Committee on Ways & Means/Appropriations

Senate Committee on Governmental Operations

Senate Hearing Date(s):

Senate Staff:Eugene Green (786-7405)

AS OF FEBRUARY 13, 1988

BACKGROUND:

The Local Governance Study Commission was established in 1986 to study local government in the state and make recommendations to the Legislature for changes in laws that were felt to be necessary.  This proposed legislation is one of the commission's recommendations.

State law provides procedures on how most local governments can annex territory, local governments can have territory withdrawn or de-annexed, and how some local governments can merge or consolidate.  Virtually all these local governments have boundaries that overlap with all or part of the boundaries of other types of local government.

The Interlocal Agreement Act authorizes local governments to enter into relationships as follows: (1) two or more local governments that each have the authority to provide the same service or facility can enter into a contract by which one government provides the service or facility for the other local government or governments; and (2) two or more local governments that each have the authority to provide the same service or facility can enter into agreements to jointly provide the service or facility.

SUMMARY:

This legislation partially implements HJR 4227 by establishing a process for local governments to define and use a procedure to establish binding agreements among local governments for the provision of services and development of local policies that could include the transfer of services and revenues between existing local governments.

An initial meeting of local governments must be convened in each county by the county legislative authority within 90 days of the effective date of this act to establish a starting date to commence this process.

A starting date is established after the initial meeting upon the approval of the county representative, the representatives of the cities that include at least fifty percent of the incorporated population in the county, and representatives of at least twenty percent of the special districts that are formally participating.  The authority to establish a starting date lapses if this action is not taken within sixty days after the initial meeting.

Subsequently, another initial meeting can be called to establish a starting date.

After a starting date has been established, the local governments formally participating in the process define a process to formally adopt binding local government service agreements.

A local government service agreement may include any of the following matters:  (1) the provision of governmental services, including which governments provide any of these services in which areas and whether and when a change if such service provision should occur; (2) a dispute resolution arrangement; (3) how joint land use planning and zoning controls can be established; (4) how common development standards can be established; (5) how capital improvement plans can be coordinated; (6) whether and to what extent revenues should be transferred among local governments in relationship to their obligations for providing facilities and services; (7) designation of urban areas and areas that are designed to become urban; and (8) designation of area-wide services to be provided by the county.

Provision is made for this process to be used on a multi-county basis.

A local government service agreement process must be commenced in each county within six years of the effective date of this act if the Legislature appropriates money to assist local governments in conducting these activities.

Any agreements must be submitted to the Department of Community Development to review for conformance with the requirements of this law, including the requirement that governmental services be addressed in a comprehensive manner.  Financial incentives (to be specified in another bill that is not drafted) are available to local governments with agreements that have been certified by the department as conforming with this act.

Assistance from the department shall be as follows: (1) grants shall be made to assist in the development of these agreements; (2) a financial methodology shall be made available to assist in assessing the need for, and appropriate extent of, financial adjustments between local governments that arise from implementing these agreements; and (3) mediation services to resolve disputes between local governments arising over the provision of services.

This legislation is effective only if the constitutional amendment relating to processes to alter local governments (HJR 4227) is approved by the voters.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested February 1, 1988

Effective Date:This legislation is effective only if the constitutional amendment relating to processes to alter local governments (HJR 4227) is approved by the voters.