SENATE BILL REPORT
SB 5335
BYSenators Halsan, Zimmerman, Garrett and McCaslin
Changing provisions relating to boundary review boards.
Senate Committee on Governmental Operations
Senate Hearing Date(s):February 11, 1987; March 5, 1987
Majority Report: Do pass.
Signed by Senators Halsan, Chairman; DeJarnatt, McCaslin, Zimmerman.
Senate Staff:Eugene Green (786-7405); Sam Thompson (786-7754)
April 9, 1987
House Committe on Local Government
AS PASSED SENATE, MARCH 13, 1987
BACKGROUND:
State law creates a boundary review board in every class A and AA county (King, Pierce, Spokane and Snohomish), and permits a boundary review board to be created in other counties. A board has been created in each of the 15 following counties: Benton, Chelan, Clark, Cowlitz, Douglas, Franklin, Grant, Kitsap, Pacific, Skagit, Skamania, Thurston, Walla Walla, Whatcom and Yakima.
Boundary review boards may review and approve, reject, or modify and approve the creation, dissolution, annexation, or consolidation of governmental units, defined to be cities, towns and specific special purpose districts (sewer, water, fire protection, drainage improvement, drainage and diking improvement, flood control zone, irrigation, metropolitan park, drainage, or public utility district engaged in water distribution.)
Boundary review boards take jurisdiction over a matter upon the request of: (1) the chairman, or any three members, of the board; (2) an affected city, town or special purpose district; or (3) a sufficient number of registered voters, or property owners, within the affected area petitioning the board.
SUMMARY:
Meetings of the board expressly are subject to the Open Public Meetings Act.
Notice to the board of a proposed action by a governmental unit may be filed after the governmental unit's first acceptance of the actions.
Boundary changes arising from the annexation of contiguous city or town owned property held for a public purpose are exempted from review by the board.
The time period is shortened from 60 days to 45 days after notification for the board to invoke jurisdiction.
The ability of the board chairman to raise jurisdiction is removed. The board in a class AA (King County 11, rather than five, members) can only invoke jurisdiction by request of five, rather than three, members.
Members of the board are prohibited from filing a request for review of the following actions: (a) The incorporation or change in the boundary of any city, town, or special purpose district; or (b) the extension of any permanent water or sewer service outside of its existing corporate boundaries by a city, town, or special purpose district.
The elected county executive or a majority of the county legislative authority may file a request for review.
The board may waive review of an annexation on any local government, instead of only that of a city or town, involving a ten acre or smaller area if the assessed valuation is less than $2 million, instead of less than $800,000.
Fees to notify the board of an action, as well as fees incurred if the board's jurisdiction is invoked, are doubled.
A legal description in the notice of intention can be altered, if it is erroneous, with the agreement of the initiators.
The board's modification of a proposal shall not interfere with the authority of a city, town, or special purpose district to require or not require preannexation agreements, covenants, or petitions.
The board's modification of the boundaries of a city, town, or special purpose district annexation shall not invalidate signature sufficiency requirements on a petition.
The board cannot modify or deny a proposal unless a written finding is made, citing one or more of the board's objectives, and supported by appropriate findings and conclusions.
When the board modifies a proposal, notice for a hearing on the modification must include any territory added by the board.
Fiscal Note: none requested
Senate Committee - Testified: Brice Martin, Executive Director, King County Boundary Review Board; Paul Appling, King County Boundary Review Board; Kent Swisher, Association of Washington Cities; Robert Roegner, Mayor, City of Auburn; Bob Martin, Development Services Manager, City of Walla Walla
HOUSE AMENDMENT:
1) Sec. 3(1)(b) -- Members of a boundary review board may request a review of an extension of permanent water service outside the existing corporate boundaries of a city, town, or special purpose district if the water mains to be installed exceed six inches in diameter;
2) Sec. 3(1)(c) -- Members of a boundary review board may request a review of an extension of permanent sewer service outside the existing corporate boundaries of a city, town, or special purpose district if the sewer mains to be installed exceed eight inches in diameter; and
Sec. 3(4) -- Allows a petition for review to the boundary review board by 5 percent of the registered voters who deem themselves affected by an action and who reside within one-quarter mile of a proposed action but not within the jurisdiction proposing the action.