SENATE BILL REPORT

ESHB 2140

BYHouse Committee on Trade & Economic Development (originally sponsored by Representatives Cantwell, Hargrove, Moyer, R. Fisher, Phillips, Walk, Haugen, Prince, Wineberry, Hine, Nelson, Miller and P. King) 

Establishing the Washington state growth strategies commission.

House Committe on Trade & Economic Development

Rereferred House Committee on Appropriations

Senate Committee on Governmental Operations

Senate Hearing Date(s):March 27, 1989; March 30, 1989

Majority Report:  Do pass as amended and be referred to Committee on Ways & Means.

      Signed by Senators McCaslin, Chairman; Thorsness, Vice Chairman; Conner.

Senate Staff:Barbara Howard (786-7410)

                  March 31, 1989

Senate Committee on Ways & Means

Senate Hearing Date(s):April 3, 1989

Senate Staff:Mary Poole (786-7715)

                  April 3, 1989

AS REPORTED BY COMMITTEE ON GOVERNMENTAL OPERATIONS, MARCH 30, 1989

BACKGROUND:

In Washington State, growth management and planning are traditionally reserved to local governments.  Cities and counties have statutory authority, and -- it has been argued -- inherent power, to regulate land use and otherwise manage growth in their jurisdictions.

Planning and zoning are optional for local governments, except for the requirements of the Shoreline Management Act.  Some local governments do not engage in formal planning or zoning.

Since the actions of a local government regarding growth management and land use can affect a region and the state, statewide planning laws do exist in several critical areas such as protecting the environment, shorelines, and wetlands.  These statewide regulations are sometimes mandated by the federal government.  Platting, subdivision, land development, and building code laws also apply statewide.

SUMMARY:

The Washington State Growth Strategies Commission is created to recommend to the Legislature a growth strategy for the state.  In developing this strategy, the commission is to:  (1) review recent state reports related to growth planning; (2) evaluate state interests, priorities, and values in planning for growth; (3) review ways to enhance cooperation between local governments; (4) analyze growth planning and management in other states; (5) recommend ways to better coordinate state and local governments and to enhance regional planning; (6) recommend ways to form urban-rural links and coordinate urban-rural planning; and (7) encourage the implementation of interlocal processes or local government service agreements.

The Growth Strategies Commission is to set growth planning goals as part of establishing a growth strategy.  In setting goals, the commission is to consider: (1) using present facilities to their maximum before investing in new infrastructure; (2) protecting landowners' property rights; (3) promoting and coordinating cost- effective growth planning that results in consistent and timely decisions; (4) encouraging citizen involvement in the planning process; (5) maintaining and protecting natural resources and natural resource based companies; (6) promoting the increase of affordable housing; and (7) promoting an efficient transportation system.

The commission consists of 17 members appointed by the Governor representing the geographic regions of the state.  The members are four legislators, the chair, two representatives nominated by the Association of Washington Cities, two representatives nominated by the Washington State Association of Counties, and eight citizens from the private sector and citizens groups representing a balance of positions on growth issues.  The members of the commission serve two year terms.  The commission may accept private sector gifts and grants.

Preliminary findings or recommendations of the commission are to be submitted to the Legislature by January 8, 1990.  By January 1991, the commission is to recommend to the Legislature a coordinated system for growth planning at the state, regional, and local levels.

Staffing of the commission is provided by the Department of Community Development, with support from the Department of Transportation.  The Governor and the Legislature can also assist by providing staffing and facilities.

Beginning July 1, 1991, the Office of Financial Management (OFM) will allot no more than half of appropriated funds from specified accounts or programs until legislation is adopted in response to the Growth Strategies Commission's recommendations, or until legislation is enacted authorizing release of the funds. After July 1, 1991, local governments who apply for funds from these specified accounts or programs must have adopted a local comprehensive plan.  The specified accounts are: (1) the motor vehicle fund for category "C" projects; (2) the transportation improvement account; (3) the urban arterial trust account; (4) the public works assistance account; (5) the water quality account; (6) the public facility construction loan revolving account; and (7) the Land Bank.

In addition, after July 1, 1991, half of the funds available to counties and cities from the motor vehicle account shall not be distributed until the Legislature authorizes distribution by enacting legislation based on the commission's recommendations, or until legislation is enacted authorizing release of the funds.

Appropriation:    $350,000 is appropriated to the Department of Community Development.

Revenue:    yes

Fiscal Note:      requested March 3, 1989

Effective Date:The bill contains an emergency clause and takes effect immediately.

SUMMARY OF PROPOSED SENATE AMENDMENTS: 

A number of changes are made to simplify the language and make the elements more consistent.  The responsibilities of local governments and the need for local government planning coordination are emphasized.  The commission is renamed the Washington State Growth Strategies Coordinating Commission for the Puget Sound Metropolitan Area; pertinent references are changed throughout.  Legislative members will be appointed by the Speaker of the House of Representatives and the President of the Senate, respectively.  References to holding funds in reserve are deleted.

Senate Committee - Testified: GOVERNMENTAL OPERATIONS:  Duke Schaub, Associated General Contractors; John Thelen, N.W. Christmas Tree Association (con); Shirley Clock, self (con); Nels Hanson, Washington Farm Forestry Association (con); Randy Ray, National Association of Industrial Office Parks; Kent Swisher, Association of Washington Cities; Marlyta Deck, agricultural organizations (con)