AN ACT Relating to growth planning and coordination; amending RCW 46.68.100; adding a new chapter to Title 43 RCW; creating a new section; making an appropriation; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature finds that the future of the state is dependent upon the wise use of its resources and an orderly growth process that enhances the quality of life of its citizens. The legislature finds that a balanced growth strategy is needed to protect natural resources and to ensure their availability for future generations, to provide needed infrastructure at the time growth has its impact, to assure the coordinated expansion and delivery of public services, and to increase the predictability of development decisions.

The legislature finds that in some regions of the state, the delayed investment for infrastructure has contributed significantly to growth-related problems. A coordinated and orderly growth strategy will help to promote the cost-effective and efficient delivery of services by state and local governments in terms of education, housing, infrastructure, environmental degradation, economic productivity, and public health and safety. The legislature finds that a coordinated growth strategy that defines the state's role and permits flexible local responses will strengthen the ability of local governments and regions to promote orderly and balanced growth.

The legislature finds that Washington state is a state of wide diversity with varied growth rates, population densities, employment patterns, and structures of local governments. New proposals to accommodate growth should consider recent comprehensive studies that suggest local governments require additional resources and flexibility to meet local needs and to provide necessary infrastructure.

NEW SECTION. Sec. 2. There is hereby created the Washington state growth strategies commission, referred to in this chapter as the commission.

The commission shall consist of seventeen members appointed by the governor comprising a balance of the key geographic regions of the state as follows:

(1) Four members of the legislature, including one member from each of the four largest caucuses in the legislature;

(2) The chair, selected by the governor;

(3) Two members representing a rural and an urban area selected from a list of qualified nominees submitted by the Washington state association of counties;

(4) Two members representing a rural and an urban area selected from a list of qualified nominees submitted by the association of Washington cities; and

(5) Eight members from the private sector and citizen organizations representing a balance of positions on growth issues.

The governor shall appoint the members of the commission within thirty days after the effective date of this act. Members shall serve two-year terms.

The commission shall meet regularly and shall create subcommittees as needed to deal with specific issues and concerns. Members shall be reimbursed for travel expenses under RCW 43.03.050 and 43.03.060, except legislative members shall be reimbursed under RCW 44.04.120. The commission may receive private sector gifts and grants to carry out its purposes.

NEW SECTION. Sec. 3. The commission has the following powers and duties:

(1) Develop a specific growth strategy for the state that is consistent with the goals established in section 4 of this act. In developing the strategy, the commission shall review recent related state reports including, but not limited to the rail development commission, local governance study commission, road jurisdiction study, department of transportation policy plan, Washington state economic development board, and the Puget Sound water quality management plan;

(2) Evaluate the state interests, priorities, and values in planning for growth and enhancing coordination with and between local governments;

(3) Analyze growth planning and management systems used in other states and suggest appropriate alternatives for the state of Washington that include coordination and cooperation between appropriate state agencies;

(4) Identify various state funds and regulations that directly affect growth planning and recommend ways to streamline, make more predictable, and coordinate state agency functions with local governments;

(5) Recommend ways to enhance regional planning on issues of regional significance and recommend ways to develop urban-rural links and to expand urban-rural cooperation and planning;

(6) Encourage the implementation of interlocal processes or local government service agreements to promote efficient provision of local government services such as those recommended by the local governance study commission created by chapter 43.63A RCW;

(7) Include broad-based citizen input in the recommendations of the commission; and

(8) Submit to the legislature by January 8, 1990, a set of preliminary findings or recommendations. Recommend to the legislature by January 1991, a coordinated system of growth planning including state and regional roles, enhanced comprehensive planning at the municipal and county levels, and means to fund the planning process.

NEW SECTION. Sec. 4. In developing a growth strategy for the state, the commission shall establish growth planning goals. In establishing these goals, the commission shall consider, but not be limited to, the following:

(1) Support the planning, financing, and development of public facilities and services in the most efficient manner possible by supporting the maximum use of existing facilities before investing in new infrastructure;

(2) Protect landowners' property rights from unjust acquisitions or other arbitrary and discriminatory actions;

(3) Promote cost-effective growth planning that is coordinated and consistent between state government and local governments and that promotes predictable and timely development decisions;

(4) Encourage the widest possible involvement by citizens in all aspects of the planning process to ensure that proposed growth strategies and plans have had the benefit of citizen input;

(5) Encourage highly efficient multimodal transportation systems that are based on regional consensus and priorities;

(6) Support orderly growth and development in appropriate areas of each community, while protecting its open space and quality of life, commercial public and private timber stands, agricultural lands, and sensitive natural ecosystems;

(7) Promote the increase of affordable housing stock, including housing for low-income and moderate-income families, manufactured housing, and multifamily housing;

(8) Maintain and enhance productive agriculture, timber, fisheries and other natural resource based industries;

(9) Protect the state's water quality and supply and critical natural resources, including lakes, river and coastal areas, and wildlife and fisheries habitat from incompatible development; and

(10) Promote the development of parks and protect the availability of outdoor recreation opportunities for all Washington citizens.

NEW SECTION. Sec. 5. Staffing of the commission shall be provided by the department of community development with support from the department of transportation. The governor and the legislature may provide additional staff and facilities as may be reasonably required to assist the commission in carrying out its duties and responsibilities. The chair of the commission shall be responsible for hiring the executive director.

NEW SECTION. Sec. 6. There is hereby appropriated from the general fund to the department of community development three hundred fifty thousand dollars, or as much thereof as may be necessary, for the biennium ending June 30, 1991, to carry out the purposes of this act.

NEW SECTION. Sec. 7. Starting July 1, 1991, the office of financial management shall allot no more than fifty percent of the funds appropriated by the legislature from the following accounts or for the following programs:

(1) The motor vehicle fund for category "C" projects under RCW 47.05.030;

(2) The transportation improvement account under RCW 47.26.084;

(3) The urban arterial trust account under RCW 47.26.080;

(4) The public works assistance account under RCW 43.155.050;

(5) The water quality account under RCW 70.146.030;

(6) The public facility construction loan revolving account under RCW 43.160.080; and

(7) The land bank under RCW 79.66.020.

Such funds shall be held in reserve by the office of financial management until such time as the legislature enacts legislation based on the report of the growth strategies commission required in section 3 of this act or until the legislature otherwise enacts legislation authorizing release of the funds. Nothing in this section shall be construed to prevent the release of funds required for compliance with federal laws or to retire existing bond repayments. The growth strategies commission may recommend any new criteria or formula for appropriating these funds to promote growth consistent with the purposes of this act.

After July 1, 1991, any local applicant for funds included in this section located in counties whose population is greater than one hundred thousand persons shall have adopted a local comprehensive plan. Cities and towns must adopt a comprehensive plan under chapter 35.63 or 35A.63 RCW or under the authority of its charter, where applicable. Counties must adopt a comprehensive plan under chapter 35.63 or 36.70 RCW or under the authority of its own charter, where applicable.

Sec. 8. Section 46.68.100, chapter 12, Laws of 1961 as last amended by section 1, chapter 66, Laws of 1986 and RCW 46.68.100 are each amended to read as follows:

From the net tax amount in the motor vehicle fund there shall be paid monthly as funds accrue the following sums:

(1) To the cities and towns, to be distributed as provided by RCW 46.68.110, sums equal to six and ninety-two hundredths percent of the net tax amount;

(2) To the cities and towns, to be expended as provided by RCW 46.68.115, sums equal to four and sixty-one hundredths percent of the net tax amount;

(3) To the counties, sums equal to twenty-two and seventy-eight hundredths percent of the net tax amount out of which there shall be distributed from time to time, as directed by the department of transportation, those sums as may be necessary to carry out the provisions of RCW 47.56.725, with the balance of such county share to be distributed monthly as the same accrues for distribution in accordance with RCW 46.68.120;

(4) To the urban arterial trust account in the motor vehicle fund, sums equal to seven and twelve hundredths percent of the net tax amount;

(5) To the state, to be expended as provided by RCW 46.68.130, sums equal to forty-five and twenty-six hundredths percent of the net tax amount;

(6) To the state, to be expended as provided by RCW 46.68.150 as now or hereafter amended, sums equal to six and ninety-five hundredths percent of the net tax amount;

(7) To the Puget Sound capital construction account in the motor vehicle fund sums equal to three and twenty-one hundredths percent of the net tax amount;

(8) To the Puget Sound ferry operations account in the motor vehicle fund sums equal to three and fifteen hundredths percent of the net tax amount.

For subsections (1), (2), and (3) of this section, after July 1, 1991, one-half of the net tax amount to be distributed according to the subsection shall not be released until the legislature enacts legislation based on the report of the growth strategies commission required in section 3 of this act or until the legislature otherwise enacts legislation authorizing release of the funds.

Nothing in this section or in RCW 46.68.090 or 46.68.130 may be construed so as to violate any terms or conditions contained in any highway construction bond issues now or hereafter authorized by statute and whose payment is by such statute pledged to be paid from any excise taxes on motor and special vehicle fuels.

NEW SECTION. Sec. 9. Sections 1 through 5 of this act shall constitute a new chapter in Title 43 RCW.

NEW SECTION. Sec. 10. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.