H-3858              _______________________________________________

 

                                                   HOUSE BILL NO. 2656

                        _______________________________________________

 

State of Washington                               51st Legislature                              1990 Regular Session

 

By Representatives R. Fisher, Phillips, May, Horn and Nelson

 

 

Read first time 1/17/90 and referred to Committee on Transportation.

 

 


AN ACT Relating to transportation planning; amending RCW 35A.63.060, 35A.63.061, 35A.63.062, 36.70.330, 36.70.350, 35.63.090, 36.81.121, 35.77.010, and 35.58.2795; adding a new section to chapter 35.21 RCW; adding a new section to chapter 35.63 RCW; and adding a new section to chapter 36.32 RCW.

 

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

 

        Sec. 1.  Section 35A.63.060, chapter 119, Laws of 1967 ex. sess. and RCW 35A.63.060 are each amended to read as follows:

          Every code city, by ordinance, shall direct the planning agency to prepare a comprehensive plan for anticipating and influencing the orderly and coordinated development of land and building uses and transportation systems of the code city and its environs.  The comprehensive plan may be prepared as a whole or in successive parts.

          Elements of the plan must be internally consistent, and must be coordinated:  (1) With abutting jurisdictions, and (2) if appropriate, on a regional basis.

 

        Sec. 2.  Section 35A.63.061, chapter 119, Laws of 1967 ex. sess. as last amended by section 2, chapter 126, Laws of 1985 and RCW 35A.63.061 are each amended to read as follows:

          The comprehensive plan shall be in such form and of such scope as the code city's ordinance or charter may require.  It may consist of a map or maps, diagrams, charts, reports and descriptive and explanatory text or other devices and materials to express, explain, or depict the elements of the plan; and it shall include a recommended plan, scheme, or design for each of the following elements, which must be integrated:

          (1) A land-use element that designates the proposed general distribution, general location, and extent of the uses of land.  These uses may include, but are not limited to, agricultural, residential, commercial, industrial, recreational, educational, public, and other categories of public and private uses of land.  The land-use element shall also include estimates of future population growth in, and statements of recommended standards of population density and building intensity for, the area covered by the comprehensive plan.  The land use element shall also provide for protection of the quality and quantity of ground water used for public water supplies and shall review drainage, flooding, and storm water run-off in the area and nearby jurisdictions and provide guidance for corrective actions to mitigate or cleanse those discharges that pollute Puget Sound or waters entering Puget Sound.

          (2) ((A circulation element consisting of the general location, alignment, and extent of existing and proposed major thoroughfares, major transportation routes, and major terminal facilities, all of which shall be correlated with the land-use element of the comprehensive plan.))  A transportation element including the following subelements:

          (a) Land use assumptions used in estimating travel;

          (b) Facilities and services needs, including:

          (i) An inventory of air, water, and land transportation facilities and services, including transit alignments, to define existing capital facilities and travel levels as a basis for future planning;

          (ii) Level of service standards for all arterials and transit routes to serve as a gauge to judge performance of the system.  These standards should be regionally coordinated;

          (iii) Specific actions or requirements for bringing into compliance any facilities or services which are below an established level of service standard;

          (iv) Forecasts of travel for at least twenty years based on the adopted land use plan to provide information on the location, timing, and capacity needs of future growth;

          (v) Identification of system expansion needs and transportation system management needs to meet current and future demands.

          (c) Finance, including:

          (i) An analysis of funding capability to judge needs against probable funding resources;

          (ii) A multiyear financing plan based on the needs identified in the comprehensive plan, the appropriate parts of which shall serve as the basis for the six-year street, road, or transit program required by RCW 35.77.010 for cities, RCW 36.81.121 for counties, and RCW 35.58.2795 for public transportation systems;

          (iii) If probable funding falls short of meeting identified needs, a discussion of how additional funding will be raised, or how land use assumptions will be reassessed to ensure that level of service standards will be met.

          (d) Intergovernmental coordination efforts, including an assessment of the impacts of the transportation plan and land use assumptions on the transportation systems of adjacent jurisdictions.

          (e) Demand management strategies.

          Local jurisdictions must adopt and enforce ordinances which prohibit development approval if the development causes the level of service on a transportation facility to decline below the standards adopted in the transportation element of the comprehensive plan.  Transportation improvements to accommodate the impacts of development must be made concurrent with the development.

 

 

        Sec. 3.  Section 35A.63.062, chapter 119, Laws of 1967 ex. sess. as amended by section 7, chapter 170, Laws of 1979 ex. sess. and RCW 35A.63.062 are each amended to read as follows:

          The comprehensive plan may include also any or all of the following optional elements:

          (1) A conservation element for the conservation, development, and utilization of natural resources.

          (2) An open space, park, and recreation element.

          (3) ((A transportation element showing a comprehensive system of surface, air, and water transportation routes and facilities.

          (4))) A public-use element showing general locations, designs, and arrangements of public buildings and uses.

          (((5))) (4) A public utilities element showing general plans for public and franchised services and facilities.

          (((6))) (5) A redevelopment or renewal element showing plans for the redevelopment or renewal of slum and blighted areas.

          (((7))) (6) An urban design element for general organization of the physical parts of the urban landscape.

          (((8))) (7) Other elements dealing with subjects that, in the opinion of the legislative body, relate to the development of the municipality, or are essential or desirable to coordinate public services and programs with such development.

          (((9))) (8) A solar energy element for encouragement and protection of access to direct sunlight for solar energy systems.

 

        Sec. 4.  Section 36.70.330, chapter 4, Laws of 1963 as last amended by section 3, chapter 126, Laws of 1985 and RCW 36.70.330 are each amended to read as follows:

          The comprehensive plan shall consist of a map or maps, and descriptive text covering objectives, principles and standards used to develop it, and shall include each of the following elements, which must be integrated:

          (1) A land use element which designates the proposed general distribution and general location and extent of the uses of land for agriculture, housing, commerce, industry, recreation, education, public buildings and lands, and other categories of public and private use of land, including a statement of the standards of population density and building intensity recommended for the various areas in the jurisdiction and estimates of future population growth in the area covered by the comprehensive plan, all correlated with the land use element of the comprehensive plan.  The land use element shall also provide for protection of the quality and quantity of ground water used for public water supplies and shall review drainage, flooding, and storm water run-off in the area and nearby jurisdictions and provide guidance for corrective actions to mitigate or cleanse those discharges that pollute Puget Sound or waters entering Puget Sound;

          (2) ((A circulation element consisting of the general location, alignment and extent of major thoroughfares, major transportation routes, trunk utility lines, and major terminal facilities, all of which shall be correlated with the land use element of the comprehensive plan;)) A transportation element including the following subelements:

          (a) Land use assumptions used in estimating travel;

          (b) Facilities and services needs, including:

          (i) An inventory of air, water, and land transportation facilities and services, including transit alignments, to define existing capital facilities and travel levels as a basis for future planning;

          (ii) Level of service standards for all arterials and transit routes to serve as a gauge to judge performance of the system.  These standards should be regionally coordinated;

          (iii) Specific actions or requirements for bringing into compliance any facilities or services which are below an established level of service standard;

          (iv) Forecasts of travel for at least twenty years based on the adopted land use plan to provide information on the location, timing, and capacity needs of future growth;

          (v) Identification of system expansion needs and transportation system management needs to meet current and future demands.

          (c) Finance, including:

          (i) An analysis of funding capability to judge needs against probable funding resources;

          (ii) A multiyear financing plan based on the needs identified in the comprehensive plan, the appropriate parts of which shall serve as the basis for the six-year street, road, or transit program required by RCW 35.77.010 for cities, RCW 36.81.121 for counties, and RCW 35.58.2795 for public transportation systems;

          (iii) If probable funding falls short of meeting identified needs, a discussion of how additional funding will be raised, or how land use assumptions will be reassessed to ensure that level of service standards will be met.

          (d) Intergovernmental coordination efforts, including an assessment of the impacts of the transportation plan and land use assumptions on the transportation systems of adjacent jurisdictions.

          (e) Demand management strategies.

          Local jurisdictions must adopt and enforce ordinances which prohibit development approval if the development causes the level of service on a transportation facility to decline below the standards adopted in the transportation element of the comprehensive plan.  Transportation improvements to accommodate the impacts of development must be made concurrent with the development.

          (3) Any supporting maps, diagrams, charts, descriptive material and reports necessary to explain and supplement the above elements.

 

        Sec. 5.  Section 36.70.350, chapter 4, Laws of 1963 as amended by section 10, chapter 170, Laws of 1979 ex. sess. and RCW 36.70.350 are each amended to read as follows:

          A comprehensive plan may include((‑-)):

          (1) A conservation element for the conservation, development, and utilization of natural resources, including water and its hydraulic force, forests, water sheds, soils, rivers and other waters, harbors, fisheries, wild life, minerals, and other natural resources((,));

          (2) A solar energy element for encouragement and protection of access to direct sunlight for solar energy systems((,));

          (3) A recreation element showing a comprehensive system of areas and public sites for recreation, natural reservations, parks, parkways, beaches, playgrounds, and other recreational areas, including their locations and proposed development((,));

          (4) ((a transportation element showing a comprehensive system of transportation, including general locations of rights of way, terminals, viaducts and grade separations.  This element of the plan may also include port, harbor, aviation and related facilities,

          (5) a transit element as a special phase of transportation, showing proposed systems of rail transit lines, including rapid transit in any form, and related facilities,

          (6))) A public services and facilities element showing general plans for sewerage, refuse disposal, drainage, and local utilities, and rights of way, easements, and facilities for such services((,));

          (((7))) (5) A public buildings element, showing general locations, design, and arrangements of civic and community centers, and showing locations of public schools, libraries, police and fire stations, and all other public buildings((,));

          (((8))) (6) A housing element, consisting of surveys and reports upon housing conditions and needs as a means of establishing housing standards to be used as a guide in dealings with official controls related to land subdivision, zoning, traffic, and other related matters((,));

          (((9))) (7) A renewal and/or redevelopment element comprising surveys, locations, and reports for the elimination of slums and other blighted areas and for community renewal and/or redevelopment, including housing sites, business and industrial sites, public building sites, and for other purposes authorized by law((,));

          (((10))) (8) A plan for financing a capital improvement program((,));

          (((11))) (9) As a part of a comprehensive plan the commission may prepare, receive, and approve additional elements and studies dealing with other subjects which, in its judgment, relate to the physical development of the county.

 

        Sec. 6.  Section 35.63.090, chapter 7, Laws of 1965 as last amended by section 1, chapter 126, Laws of 1985 and RCW 35.63.090 are each amended to read as follows:

          All regulations shall be worked out as parts of a comprehensive plan which each commission shall prepare for the physical and other generally advantageous development of the municipality and shall be designed, among other things, to encourage the most appropriate use of land throughout the municipality; to lessen traffic congestion and accidents; to secure safety from fire; to provide adequate light and air; to prevent overcrowding of land; to avoid undue concentration of population; to promote a coordinated development of the unbuilt areas; to encourage the formation of neighborhood or community units; to secure an appropriate allotment of land area in new developments for all the requirements of community life; to conserve and restore natural beauty and other natural resources; to encourage and protect access to direct sunlight for solar energy systems; and to facilitate the adequate provision of transportation, water, sewerage and other public uses and requirements, including protection of the quality and quantity of ground water used for public water supplies.  The element of the comprehensive plan related to the adequate provision of transportation shall include those subelements prescribed in RCW 35A.63.061(2) and 36.70.330(2).  Each plan shall include a review of drainage, flooding, and storm water run-off in the area and nearby jurisdictions and provide guidance for corrective actions to mitigate or cleanse those discharges that pollute Puget Sound or waters entering Puget Sound.

 

        Sec. 7.  Section 20, chapter 49, Laws of 1983 1st ex. sess. as amended by section 8, chapter 167, Laws of 1988 and RCW 36.81.121 are each amended to read as follows:

          (1) Before July 1st of each year, the legislative authority of each county with the advice and assistance of the county road engineer, and pursuant to one or more public hearings thereon, shall prepare and adopt a comprehensive road program for the ensuing six calendar years.  The program shall be consistent with the comprehensive plan adopted pursuant to chapter 35.63 or 36.70 RCW.

          The program shall include proposed road and bridge construction work, and for those counties operating ferries shall also include a separate section showing proposed capital expenditures for ferries, docks, and related facilities.  Copies of the program shall be filed with the county road administration board and with the state secretary of transportation not more than thirty days after its adoption by the legislative authority.  The purpose of this section is to assure that each county shall perpetually have available advanced plans looking to the future for not less than six years as a guide in carrying out a coordinated road construction program.  The program may at any time be revised by a majority of the legislative authority but only after a public hearing thereon.

          (2) The six-year program of each county having an urban area within its boundaries shall contain a separate section setting forth the six-year program for arterial road construction based upon its long-range construction plan and formulated in accordance with regulations of the transportation improvement board.  The six-year program for arterial road construction shall be submitted to the transportation improvement board forthwith after its annual revision and adoption by the legislative authority of each county.  The six-year program for arterial road construction shall be based upon estimated revenues available for such construction together with such additional sums as the legislative authority of each county may request for urban arterials from the urban arterial trust account or the transportation improvement account for the six-year period.  The arterial road construction program shall provide for a more rapid rate of completion of the long-range construction needs of principal arterial roads than for minor and collector arterial roads, pursuant to regulations of the transportation improvement board.

          (3) Each six-year program forwarded to the secretary in compliance with subsection (1) of this section shall contain information as to how a county will expend its moneys, including funds made available pursuant to chapter 47.30 RCW, for bicycles, pedestrians, and equestrian purposes.

 

        Sec. 8.  Section 35.77.010, chapter 7, Laws of 1965 as last amended by section 6, chapter 167, Laws of 1988 and RCW 35.77.010 are each amended to read as follows:

          (1) The legislative body of each city and town, pursuant to one or more public hearings thereon, shall prepare and adopt a comprehensive street program for the ensuing six calendar years ((and shall file)).  The program shall be consistent with the comprehensive plan adopted pursuant to chapter 35.63 or 35A.63 RCW.

          The program shall be filed with the secretary of transportation not more than thirty days after its adoption.  Annually thereafter the legislative body of each city and town shall review the work accomplished under the program and determine current city street needs.  Based on these findings each such legislative body shall prepare and after public hearings thereon adopt a revised and extended comprehensive street program before July 1st of each year, and each one-year extension and revision shall be filed with the secretary of transportation not more than thirty days after its adoption.  The purpose of this section is to assure that each city and town shall perpetually have available advanced plans looking to the future for not less than six years as a guide in carrying out a coordinated street construction program.  The program may at any time be revised by a majority of the legislative body of a city or town, but only after a public hearing.

          The six-year program of each city lying within an urban area shall contain a separate section setting forth the six-year program for arterial street construction based upon its long range construction plan and formulated in accordance with rules of the transportation improvement board.  The six-year program for arterial street construction shall be submitted to the transportation improvement board forthwith after its annual revision and adoption by the legislative body of the city.  The six-year program for arterial street construction shall be based upon estimated revenues available for such construction together with such additional sums as the legislative authority may request for urban arterials from the urban arterial trust account or the transportation improvement account for the six-year period.  The arterial street construction program shall provide for a more rapid rate of completion of the long-range construction needs of principal arterial streets than for minor and collector arterial streets, pursuant to rules of the transportation improvement board:  PROVIDED, That urban arterial trust funds made available to the group of incorporated cities lying outside the boundaries of federally approved urban areas within each region need not be divided between functional classes of arterials but shall be available for any designated arterial street.

          (2) Each six-year program forwarded to the secretary in compliance with subsection (1) of this section shall contain information as to how a city or town will expend its moneys, including funds made available pursuant to chapter 47.30 RCW, for bicycle, pedestrian, and equestrian purposes.

 

        Sec. 9.  Section 1, chapter 396, Laws of 1989 and RCW 35.58.2795 are each amended to read as follows:

          By April 1st of each year, the legislative authority of each municipality, as defined in RCW 35.58.272, shall prepare a six-year transit development and financial program for that calendar year and the ensuing five years.  The program shall be consistent with the comprehensive plans adopted by the cities and counties within which the municipality is located.

          The program shall contain information as to how the municipality intends to meet state and local long-range priorities for public transportation, capital improvements, significant operating changes planned for the system, and how the municipality intends to fund program needs.  Each municipality shall file the six-year program with the state department of transportation, the transportation improvement board, and cities, counties, and regional planning councils within which the municipality is located.

          In developing its program, the municipality shall consider those policy recommendations affecting public transportation contained in the state transportation policy plan approved by the state transportation commission and, where appropriate, adopted by the legislature.  The municipality shall conduct one or more public hearings while developing its program and for each annual update.

 

          NEW SECTION.  Sec. 10.  A new section is added to chapter 35.21 RCW to read as follows:

          (1) On or before July 1, 1992, all cities and towns, including code cities, located in a county which: (a) On April 1, 1989, had a population of one hundred thousand persons or more; or (b) increased in population by twenty percent or more during the period beginning April 1, 1980, and ending April 1, 1989, shall adopt and enforce a comprehensive plan consisting of land use and transportation elements consistent with the plan requirements prescribed in RCW 35A.63.061 and 36.70.330.

          (2) On or before January 1, 1994, all cities and towns, including code cities, located in counties not described by subsection (1) of this section, shall adopt and enforce a comprehensive plan consisting of land use and transportation elements consistent with the plan requirements prescribed in RCW 35A.63.061 and 36.70.330.

 

          NEW SECTION.  Sec. 11.  A new section is added to chapter 35.63 RCW to read as follows:

          Each plan adopted and enforced by a city, town, or county under this chapter shall include those land use and transportation elements required in RCW 35A.63.061 and 36.70.330.

 

          NEW SECTION.  Sec. 12.  A new section is added to chapter 36.32 RCW to read as follows:

          (1) On or before July 1, 1992, all counties which: (a) On April 1, 1989, had a population of one hundred thousand persons or more; or (b) increased in population by twenty percent or more during the period beginning April 1, 1980, and ending April 1, 1989, shall adopt and enforce a comprehensive plan consisting of land use and transportation elements consistent with the plan requirements prescribed in RCW 35A.63.061 and 36.70.330.

          (2) On or before January 1, 1994, all counties which as of April 1, 1989, had a population fewer than one hundred thousand persons, shall adopt and enforce a comprehensive plan consisting of land use and transportation elements consistent with the plan requirements prescribed in RCW 35A.63.061 and 36.70.330.