H-802                _______________________________________________

                                                   HOUSE BILL NO. 2009

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Representatives Nelson, Fraser, Belcher, Day, Rayburn and Phillips

Read first time 2/15/89 and referred to Committee on Local Government.

AN ACT Relating to review of proposed actions by boundary review boards; and amending RCW 36.93.100.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 10, chapter 189, Laws of 1967 as last amended by section 3, chapter 477, Laws of 1987 and RCW 36.93.100 are each amended to read as follows:

          The board shall review and approve, disapprove, or modify any of the actions set forth in RCW 36.93.090 when any of the following shall occur within forty-five days of the filing of a notice of intention:

          (1) Three members of a five-member boundary review board or five members of a boundary review board in a class AA county files a request for review((:  PROVIDED, That the members of the boundary review board shall not be authorized to file a request for review of the following actions:

          (a) The incorporation or change in the boundary of any city, town, or special purpose district;

          (b) The extension of permanent water service outside of its existing corporate boundaries by a city, town, or special purpose district where such extension is through the installation of water mains of six inches or less in diameter; or

          (c) The extension of permanent sewer service outside of its existing corporate boundaries by a city, town, or special purpose district where such extension is through the installation of sewer mains of eight inches or less in diameter));

          (2) Any governmental unit affected, or the county within which the area of the proposed action is located, files a request for review of the specific action;

          (3) A petition requesting review is filed and is signed by:

          (a) Five percent of the registered voters residing within the area which is being considered for the proposed action (as determined by the boundary review board in its discretion subject to immediate review by writ of certiorari to the superior court); or

          (b) An owner or owners of property consisting of five percent of the assessed valuation within such area;

          (4) The majority of the members of boundary review boards concur with a request for review when a petition requesting the review is filed by five percent of the registered voters who deem themselves affected by the action and reside within one-quarter mile of the proposed action but not within the jurisdiction proposing the action.

          If a period of forty-five days shall elapse without the board's jurisdiction having been invoked as set forth in this section, the proposed action shall be deemed approved.

          If a review of a proposal is requested, the board shall make a finding as prescribed in RCW 36.93.150 within one hundred twenty days after the filing of such a request for review.  If this period of one hundred twenty days shall elapse without the board making a finding as prescribed in RCW 36.93.150, the proposal shall be deemed approved unless the board and the person who submitted the proposal agree to an extension of the one hundred twenty day period.