AN ACT Relating to growth; amending RCW 36.81.121, 35.77.010, 35.58.2795, 82.02.020, 43.21C.060, 43.21C.110, 36.93.180, 58.17.020, 58.17.030, 58.17.040, 58.17.090, 58.17.110, 58.17.140, 58.17.165, 58.17.170, 58.17.195, 58.17.215, 58.17.255, and 58.17.310; adding a new chapter to Title 36 RCW; adding new sections to chapter 35.63 RCW; adding a new section to chapter 35A.63 RCW; adding new sections to chapter 36.70 RCW; adding new sections to chapter 43.21C RCW; adding a new section to chapter 36.32 RCW; adding a new section to chapter 43.62 RCW; adding a new section to chapter 58.17 RCW; creating new sections; repealing RCW 35A.63.061, 35A.63.062, 36.70.330, 36.70.350, 58.17.033, 58.17.060, 58.17.065, 58.17.095, 58.17.155, and 19.27.095; making an appropriation; providing effective dates; and declaring an emergency.

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

INDEX

!tp1,1,1 !tj1!tlSections

!ixIntent !tj1!tl1

!ixI. GOALS AND PLANNING !tj1!tl2 - 38.

!ixComprehensive plans.

!sc ,5Agricultural lands !tj1!tl5, 6, & 8.

!sc ,5Consistent with transportation plans !tj1!tl17 - 19.

!sc ,5Coordinated among local jurisdictions !tj1!tl9.

!sc ,5Designations !tj1!tl8.

!sc ,5Forest lands !tj1!tl5, 6, & 8.

!sc ,5Housing element added !tj1!tl23.

!sc ,5Mineral resource lands !tj1!tl5, 6, & 8.

!sc ,5Planning elements !tj1!tl22 - 24, 26, & 27.

!sc ,5Prepare by !tj1!tl4.

!sc ,5Sensitive areas !tj1!tl5, 6, & 8.

!sc ,5Time frames for completion !tj1!tl4.

!sc ,5Transportation element changes !tj1!tl23.

!sc ,5Urban growth areas !tj1!tl10.

!sc ,5Zoning and development regulations !tj1!tl12, 25 - 28.

!ixDefinitions !tj1!tl3.

!ixGoals !tj1!tl2.

!ixGrowth Strategies Commission !tj1!tl20.

!ixImpact fees !tj1!tl31, 32, & 36.

!ixIntent !tj1!tl1.

!ixInterim designations !tj1!tl6.

!ixPopulation determinations !tj1!tl38.

!ixPublic participation !tj1!tl15.

!ixSEPA !tj1!tl32 - 35.

!ixSpecial districts !tj1!tl14.

!ixTechnical assistance and grants !tj1!tl22.

!ixVesting !tj1!tl29.

!ixII. SUBDIVISIONS !tj1!tl39 - 51.

!ixIII. MISCELLANEOUS !tj1!tl 52 - 56.

INTENT

NEW SECTION. Sec. 1. INTENT. The state of Washington is a naturally beautiful, pleasant, and healthy place in which to live. The natural bounty of the state, the health, safety, and quality of life of its residents, and the financial security of the state and local governments are threatened by the consequences of unplanned growth resulting in the conversion of lands that have long-term importance for the production of food or fiber into other uses, loss of sensitive and critical areas and ecosystems, loss of open spaces, wasteful competition between jurisdictions for certain types of growth, location of new growth in areas without adequate public facilities to support the growth, and uncontrolled sprawl.

It is the intent of the legislature to address these issues from both state and local perspectives, to establish some requirements on a state-wide basis, to establish some requirements on less than a state-wide basis, to permit such requirements to be accomplished by counties and cities with maximum local flexibility, to provide adequate time to conform with such requirements, and to provide resources for such efforts in the form of both financial assistance and technical assistance. Further, it is the intent of the legislature to direct state economic development programs to communities that are experiencing insufficient economic growth.

The state of Washington intends to retain the quality of life and economic prosperity enjoyed during its first century of existence. The pressing issues which will shape the second century were only faintly recognized as such as recently as a decade ago. The state's residents share a vision of a state that includes protection of resource values for their significance to all state residents. In certain instances the presence and importance of these values is not appreciated until they become threatened or disappear. Washington must act now to begin developing its vision of the second century and in preparing plans to bring about that future.

PART I

GOALS AND PLANNING

NEW SECTION. Sec. 2. STATE GOALS. The following policy goals are adopted as the fundamental policies of the state to direct the actions of all governments within the state, and are not listed in any order of priority:

(1) Urban growth. Support development in urban areas where adequate facilities and services will be provided in the most efficient manner possible and to enhance the character of those areas through a mix of living, shopping, working, and recreational opportunities.

(2) Reduce sprawl. Reduce the inappropriate conversion of undeveloped land to sprawling, low density development, and to prevent the loss of productive forest and agricultural lands, and important sensitive areas and protect them from incompatible uses.

(3) Transportation. Encourage efficient multimodal transportation systems that are based on regional priorities and linked to local land use planning.

(4) Housing. Promote the increase of affordable and adequate housing for low and moderate-income families and special needs populations and to encourage communities to promote new and unique mixes of affordable housing.

(5) Economic development. Encourage economic development throughout the state, promote economic opportunity for all citizens of this state, especially for the unemployed and for disadvantaged persons, and encourage growth in areas not experiencing economic growth.

(6) Property rights. Protect landowners' property rights from arbitrary and discriminatory actions and promote timely and predictable development decisions.

(7) Open space and recreation. Promote the development of open space and recreation by protecting wildlife habitat, increasing the access to water and natural resource lands, developing parks, and preserving open space.

(8) Environment. Protect the environment and enhance the state's quality of life, including air and water quality, water availability, sensitive areas, and wildlife habitat.

(9) Natural resource industries. Maintain and enhance productive timber, agricultural, fisheries, and other natural resource-based industries.

(10) Citizen participation and coordination. Encourage the widest possible involvement by citizens in all aspects of the planning process and ensure coordination between communities and jurisdictions to reconcile conflicts in planning goals.

(11) Public facilities. Ensure that public facilities and services needed to support development shall be adequate and available concurrent with the impacts of such development.

NEW SECTION. Sec. 3. DEFINITIONS. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Adopt a comprehensive land use plan" means to enact a new comprehensive land use plan or to update an existing comprehensive land use plan.

(2) "Agricultural land" means land primarily devoted to the commercial production of horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animal products or of berries, grain, hay, straw, turf, seed, or livestock, and which has, or might reasonably have, long-term commercial significance for agricultural production.

(3) "City" means any city or town, including a code city.

(4) "Comprehensive land use plan," "comprehensive plan," or "plan" means a generalized coordinated land use policy statement of the governing body of a county or city that is adopted pursuant to chapter 35.63, 35A.63, or 36.70 RCW, or under the authority of a city charter or county charter.

(5) "Concurrent" or "concurrency" means that sufficient public services and facilities are available or will be available to serve the development at the time the development is available for occupancy and use, without decreasing current service levels below established minimum standards.

(6) "Department" means the department of community development.

(7) "Development regulations" mean any controls placed on development or land use activities by a county or city, including, but not limited to, zoning ordinances, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances.

(8) "Forestry land" means land primarily useful for growing trees, including Christmas trees, for commercial purposes, and which has, or reasonably could have, long-term commercial significance for growing trees commercially.

(9) "Ground water management areas" mean ground water management areas as defined pursuant to RCW 90.44.400.

(10) "Geologically hazardous" means lands which because of their susceptibility to erosion, sliding, earthquake, or other characteristics are not suited to commercial, residential, or industrial development or the placement of utility or transportation corridors.

(11) "Land" means the land, air, and water within the jurisdiction of the state of Washington or its counties or cities.

(12) "Public facilities" include streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, parks and recreational facilities, and schools.

(13) "Sensitive areas" include the following sensitive and critical areas and ecosystems: (a) Wetlands; (b) areas that recharge aquifers used for potable water; (c) areas of significant fisheries and wildlife habitat; (d) flood plains; and (e) geologically hazardous areas.

(14) "Special district" means a unit of local government, other than a county or city, authorized and regulated by statute to perform a single function or a limited number of functions, and includes, but is not limited to, water districts, sewer districts, port districts, public utility districts, school districts, community college districts, public hospital districts, irrigation districts, metropolitan park districts, metropolitan municipal corporations, fire protection districts, and public transit benefit areas.

(15) "Urban growth" refers to growth making intensive use of land for the location of buildings, structures, and impermeable surfaces to such a degree as to be incompatible with the primary use of such land for the production of food, other agricultural products, or fiber, or the extraction of mineral resources. When allowed to spread over wide areas, urban growth typically requires urban governmental services. "Characterized by urban growth" refers to land having urban growth located on it, or to land located in relationship to an area with urban growth on it as to be appropriate for urban growth.

(16) "Urban growth areas" mean those areas designated by a county pursuant to section 10 of this act within which urban growth is allowed to locate.

(17) "Urban governmental services" include those governmental services historically and typically delivered by cities, and include storm and sanitary sewer systems, domestic water systems, street cleaning services, fire and police protection services, public transit services, and other public utilities associated with urban areas and normally not associated with nonurban areas.

(18) "Wetland" or "wetlands" means those lands defined by the United States fish and wildlife service as lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this definition wetlands must have one or more of the following attributes:

(a) At least periodically, the land supports predominantly hydrophytes;

(b) The substrate is predominantly undrained hydric soil; or

(c) The substrate is nonsoil and is saturated with water or covered by shallow water at some time during the growing season of each year.

(19) "Zoning" means the division of a city or county into districts and the prescription and reasonable application of different regulations in each district.

NEW SECTION. Sec. 4. COMPREHENSIVE PLANS--WHO MUST PLAN. (1) Each county that has a population of one hundred thousand or more or that has had its population increase by more than ten percent in the previous ten years, and the cities located within such county, shall adopt a comprehensive land use plan.

(2) Any county that does not meet the requirements of subsection (1) of this section may choose, through its legislative body, to have subsection (1) of this section apply to their county. Each city, located in a county that chooses to plan under this subsection, shall adopt a comprehensive land use plan in accordance with this chapter.

(3) Any county or city that is required to adopt a comprehensive land use plan under subsection (1) of this section shall adopt the plan on or before July 1, 1993. Any county or city that is required to adopt a comprehensive land use plan under subsection (2) of this section shall adopt the plan not later than three years from the date the county legislative body takes action as required by subsection (2) of this section.

(4) Whenever the office of financial management certifies that the population of a county increases from less than one hundred thousand to one hundred thousand or more, or has increased by more than ten percent over the preceding ten-year period, the county and each city within such county shall adopt a comprehensive land use plan under this chapter within three years of the certification by the office of financial management.

NEW SECTION. Sec. 5. DEFINING AGRICULTURE, FOREST, AND MINERAL LANDS AND SENSITIVE AREAS. (1) The department shall define, under chapter 34.05 RCW, no later than July 1, 1990, the following: (a) Agricultural lands; (b) forest lands; (c) mineral lands; and (d) sensitive areas.

(2) In carrying out its duties under this section, the department shall consult with interested parties, including but not limited to: (a) Representatives of cities; (b) representatives of counties; (c) representatives of developers; (d) representatives of owners of agricultural lands, forest lands, and mining lands; (e) representatives of local economic development officials; (f) representatives of environmental organizations; (g) representatives of special districts; (h) representatives of the governor's office and federal and state agencies; and (i) representatives of Indian tribes.

(3) The definitions under subsection (1) of this section shall contain minimum guidelines that apply to all jurisdictions, but shall also allow for regional differences that exist in Washington state.

NEW SECTION. Sec. 6. INTERIM DESIGNATIONS. (1) Each county and city that must adopt a comprehensive plan under section 4(1) of this act shall adopt interim designations, on or before July 1, 1991, of:

(a) Agricultural lands, forest lands, and mineral resource lands within its jurisdiction, that it probably will designate as such under section 8 of this act. In making such designations, the county or city shall consider, at least, the current and historical use of the land within its jurisdiction.

(b) Sensitive areas that it probably will designate as such under section 8 of this act.

(2) In order to protect the health of the environment and the economy, and the general health, safety, and welfare of the citizenry, the county or city shall adopt interim development regulations precluding the designated agricultural lands, forest lands, or mineral resource lands from having uses or development that:

(a) Constitute urban growth; or

(b) Probably would lead to urban growth; or

(c) Would be incompatible with the use of or continued importance of such land for the production of food, other agricultural products, or timber, or for the extraction of mineral resources.

(3) In order to protect the health of the environment and the economy, and the general health, safety, and welfare of the citizenry, the county or city shall adopt interim development regulations precluding land uses or development that are incompatible with the designated sensitive areas.

(4) Each county or city that chooses to adopt comprehensive plans under section 4(2) of this act shall comply with this section not later than one year from the date the county legislative authority takes action under section 4(2) of this act.

(5) Each county or city that is required to adopt comprehensive plans under section 4(4) of this act shall comply with this section not later than one year from the date the office of financial management makes the certification under section 4(4) of this act.

(6) In the event a county or city fails to make the designations required by this section, or makes designations that are inconsistent with the definitions under section 5 of this act, then, upon proper application made therefor, the superior court shall grant such injunctive relief as shall be appropriate to accomplish the designations required by this section.

NEW SECTION. Sec. 7. REPORT ON PLANNING PROGRESS. (1) It is the intent of the legislature that affected counties and cities under section 4(1) of this act begin implementing this chapter on July 1, 1990, including but not limited to: (a) Inventorying, designating, and protecting agricultural, forest, and mineral resource lands, and sensitive areas; and (b) comprehensive land use planning. It is also the intent of the legislature that funds be made available to counties and cities beginning July 1, 1990, to assist counties and cities in meeting the requirements of this chapter.

(2) Each county and city that qualifies under section 4 of this act shall report to the department annually, beginning on January 1, 1991, on the progress made by that county or city in implementing this chapter.

NEW SECTION. Sec. 8. COMPREHENSIVE PLANS--DESIGNATIONS AND ELEMENTS. (1) Each comprehensive land use plan shall include a designation of:

(a) Agricultural lands which are not already characterized by urban growth;

(b) Forest lands that are not already characterized by urban growth; and

(c) Land which is not already characterized by urban growth and which has, or might reasonably have, long-term importance for the extraction of mineral resources, which are designated as mineral resource lands.

(2) In order to protect the health of the environment and the economy, and the general health, safety, and welfare of the citizenry, each comprehensive land use plan shall provide policies for the conservation of lands designated under subsection (1) of this section as agricultural, forest, or mineral resources, and which are designed to restrict future development of these lands which:

(a) Constitutes urban growth; or

(b) Probably would lead to urban growth; or

(c) Would be incompatible with the use or continued importance of these lands for the production of food, other agricultural products, or timber, or for the extraction of mineral resources.

(3) In order to protect the health of the environment and the economy, and the general health, safety, and welfare of the citizenry, each comprehensive land use plan shall include an inventory of sensitive areas, which are located anywhere within the planning jurisdiction of the county or city, and shall provide policies that are designed to restrict future development that is incompatible with such sensitive areas from locating on or encroaching upon such sensitive areas.

(4) Each comprehensive land use plan must be in conformance with the state policy goals adopted in section 2 of this act.

(5) Each comprehensive land use plan shall include a land use element, transportation element, and public utilities element, as specified in section 23 of this act.

(6) Nothing in this chapter shall be construed to affect or limit a county's authority to permit or prohibit development which does not involve the division of land and which is under single, contiguous, private or public ownership and which is used for park or recreational purposes. Such park and recreational development shall be permitted only if the county specifically identifies and limits such uses in its comprehensive plan and if the comprehensive plan contains a finding that such land is better suited and has more long-term importance for such particular park or recreational uses than for the production of food, other agricultural products, or timber, or for the extraction of mineral resources.

NEW SECTION. Sec. 9. COMPREHENSIVE PLANS--MUST BE COORDINATED. Each county or city shall coordinate its comprehensive plan with other counties or cities that have, in part, common borders or related regional issues. This coordination, at minimum, shall include the sharing of comprehensive plans among adjoining jurisdictions and sharing and making public comments regarding the coordination of these plans on issues that affect multiple jurisdictions. The public comments shall include the identification of areas of conflict and attempts taken to resolve these, including mediation under section 22(5) of this act.

NEW SECTION. Sec. 10. COMPREHENSIVE PLANS--URBAN GROWTH AREAS. (1) Each county that is required to adopt a comprehensive land use plan under section 4 of this act shall designate an urban growth area or areas in the county, within which urban growth shall be allowed, and outside of which growth shall be allowed only if it is rural in nature. Each city that is located in such a county shall be included within an urban growth area. An urban growth area may include more than a single city, and may include unincorporated areas adjacent to the included city or cities. An urban growth area may include only territory that is located outside of a city, if such an area already is characterized by substantial urban growth.

(2) The urban growth areas in the county shall include areas and densities sufficient to permit the urban growth that is projected to occur in the county for the succeeding twenty-year period. Each urban growth area shall permit urban densities and must include adequate greenbelt and open space areas. Each county required to designate urban growth areas also shall submit a copy of a resolution or resolutions of each city located within each urban growth area indicating the city's approval of the urban growth area.

(3) Urban growth should be located in areas already characterized by urban growth and that, first, have existing public facility capacities to serve such development, or, second, will be served by a combination of both existing public facilities and any additional needed public facilities that are provided by either public or private sources. Further, it is most appropriate that urban services be provided by cities, and it is unreasonable and inefficient to expect urban services to be provided in rural areas.

(4) The comprehensive plan of each city included within an urban growth area shall permit urban densities and must include adequate greenbelt and open space areas.

NEW SECTION. Sec. 11. COMPREHENSIVE PLANS--DEVELOPMENT REGULATIONS MUST IMPLEMENT. Within one hundred eighty days of the adoption of its comprehensive plan, each county and city shall have enacted development regulations that are consistent with and implement the comprehensive plan adopted pursuant to this chapter.

NEW SECTION. Sec. 12. COMPREHENSIVE PLANS--AMENDMENTS. (1) Each comprehensive land use plan, and development regulations, shall be subject to continuing review by the county or city that adopted them.

Any amendment or revision to a comprehensive land use plan shall conform to this chapter, and any change to development regulations shall be consistent with and implement the comprehensive plan.

(2) Each county that is required to designate urban growth areas under section 10 of this act shall review, at least every ten years, its designated urban growth area or areas, and the densities permitted within both the incorporated and unincorporated portions of each urban growth area. In conjunction with this review by the county, each city located within an urban growth area shall review the densities permitted within its boundaries. The county comprehensive plan designating urban growth areas, and the densities permitted in the urban growth areas by the comprehensive plans of the county and each city located within the urban growth areas, shall be revised to accommodate the urban growth projected to occur in the county for the succeeding twenty-year period.

NEW SECTION. Sec. 13. COMPREHENSIVE PLANS--ANNEXATION BEYOND URBAN GROWTH AREA PROHIBITED. No city located in a county in which urban growth areas have been designated may annex territory beyond the urban growth area.

NEW SECTION. Sec. 14. COMPREHENSIVE PLANS--SPECIAL DISTRICTS MUST CONFORM. All special districts shall perform their activities which affect land use in conformity to the state policy goals and to the comprehensive land use plan of the county or city having jurisdiction in the area where the activities occur.

NEW SECTION. Sec. 15. COMPREHENSIVE PLANS--ENSURE PUBLIC PARTICIPATION. Each county and city shall establish procedures providing for early and continuous public participation in the development and amendment of comprehensive land use plans and development regulations implementing such plans. The procedures shall provide for broad dissemination of proposals and alternatives, opportunity for written comments, public meetings after effective notice, provision for open discussion, communication programs, information services, and consideration of and response to public comments. Each county and city shall establish advisory committees to assist in carrying out its responsibilities under this chapter. Errors in exact compliance with the established procedures shall not render the comprehensive land use plan or development regulations invalid if the spirit of the procedures is observed.

NEW SECTION. Sec. 16. COMPREHENSIVE PLANS--METHODS OF ADOPTION. The comprehensive land use plans shall be adopted pursuant to the provisions of chapter 35.63, 35A.63, or 36.70 RCW, or pursuant to the inherent authority of a first class city or charter county derived from its charter. The comprehensive land use plan of a first class city or charter county that is adopted pursuant to its inherent authority must include those elements specified under section 23 of this act.

Sec. 17. 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:

TRANSPORTATION PLANS MUST CONFORM TO COMPREHENSIVE PLAN. (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. If the county has adopted a comprehensive plan pursuant to chapter 35.63 or 36.70 RCW, or the inherent authority of a charter county derived from its charter, the program shall be consistent with this comprehensive plan.

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. 18. 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:

TRANSPORTATION PLANS MUST CONFORM TO COMPREHENSIVE PLAN. (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~~)). If the city or town has adopted a comprehensive plan pursuant to chapter 35.63 or 35A.63 RCW, or the inherent authority of a first class city derived from its charter, the program shall be consistent with this comprehensive plan.

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

TRANSPORTATION PLANS MUST CONFORM TO COMPREHENSIVE PLAN. 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 counties, cities, and towns, pursuant to chapter 35.63, 35A.63, or 36.70 RCW, or the inherent authority of a first class city or charter county derived from its charter. 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. 20. ROLE OF GROWTH STRATEGIES COMMISSION. The growth strategies commission created by executive order shall:

(1) Analyze different methods for assuring county, city, and state agency compliance and consistency with the state goals under section 2 of this act and with other requirements of this chapter; and

(2) Recommend to the legislature and the governor by October 1, 1990, a specific structure or process that, among other things:

(a) Ensures county and city coordination and compliance with state goals and other requirements under this chapter;

(b) Requires state agencies to comply with this chapter and to consider and be consistent with county and city comprehensive plans in actions by state agencies, including the location, financing, and expansion of transportation systems and other public facilities;

(d) Addresses lands and resources of state-wide significance, including to:

(i) Define and identify lands and resources of state-wide significance, such as old growth timber ecosystems, ocean resources and beaches, wildlife, and fisheries and their critical habitat, wetlands, lakes, rivers, and sources of water supply;

(ii) Protect these lands and resources of state-wide significance by developing standards for their preservation and protection and suggesting the appropriate structure to monitor and enforce the preservation of these lands and resources; and

(iii) Consider the environmental, economic, and social values of the lands and resources with state-wide significance;

(e) Identifies potential state funds that may be withheld and incentives that promote county and city compliance with this chapter; and

(f) Increases affordable housing state-wide and promotes linkages between land use and transportation.

NEW SECTION. Sec. 21. DETERMINING STRUCTURE FOR COMPLIANCE AND CERTIFICATION. If the legislature has not enacted provisions regarding certification and coordination to ensure that counties and cities comply with the goals and requirements of this chapter by July 1, 1991, the department shall:

(1) Adopt rules pursuant to chapter 34.05 RCW to implement this chapter. These rules shall be adopted on or before January 1, 1992. These rules shall include a schedule for the submission of comprehensive land use plans adopted pursuant to section 4 of this act, and a certification process.

(2) Review and certify or reject comprehensive plans that are submitted to it pursuant to subsection (1) of this section. Each certification proceeding under this chapter shall constitute an adjudicative proceeding under chapter 34.05 RCW, and any governmental agency, organization, person, or group of persons whose interests might be affected substantially by the outcome of the proceedings shall have the right to intervene in the proceedings and to appeal the decision granting or denying certification.

(3) It is the intent of the legislature that rules enacted by the department under subsection (1) of this section and the review and certification process under subsection (2) of this section effectively implement this chapter and promote compliance with the state goals and requirements of this chapter; the legislature intends that counties and cities do the planning and designations based on the policy direction in this chapter. It is not the intent of the legislature that the department do the planning or designations for the counties and cities, either substantively or procedurally.

(4) Examine the effectiveness and adequacy of the planning process established by this chapter, and make recommendations to the legislature regarding ways to improve the compliance with the goals and requirements of this chapter, including identifying potential state funds that may be withheld and incentives that promote local government compliance with this chapter.

(5) Each county and city that qualifies under section 4 of this act shall submit a copy of its adopted comprehensive plan to the department as required by the department, and shall comply with rules established by the department under this section.

NEW SECTION. Sec. 22. TECHNICAL ASSISTANCE, GRANTS, AND MEDIATION SERVICES. (1) The department shall establish a program of technical and financial assistance and incentives to counties and cities to encourage and facilitate the adoption and implementation of comprehensive plans and development regulations throughout the state.

(2) The department shall develop a priority list and establish funding levels for planning and technical assistance grants for counties and cities that qualify under section 4 of this act. Priority for assistance shall be based on a county's or city's population growth rates, commercial and industrial development rates, the existence and quality of a comprehensive plan and development regulations, and other relevant factors.

(3) The department shall develop and administer a grant program to provide direct financial assistance to counties and cities for the preparation of comprehensive plans under this chapter. The department may establish provisions for county and city matching funds to conduct activities under this subsection. Grants may be expended for any purpose directly related to the preparation of a county or city comprehensive plan as the county or city and the department may agree, including, without limitation, the conducting of surveys, inventories and other data gathering activities, the retention of planning consultants, contracts with regional councils for planning and related services and other related purposes.

(4) The department shall establish a program of technical assistance utilizing department staff, the staff of other state agencies, and the technical resources of counties and cities to help in the development of comprehensive plans required under this chapter. The technical assistance may include, but not be limited to, model land use ordinances, regional education and training programs, and information for local and regional inventories.

(5) The department shall provide mediation services to resolve disputes between counties and cities regarding, among other things, regional coordination issues and designating urban growth areas.

(6) The department shall provide planning grants to enhance citizen participation under section 15 of this act.

NEW SECTION. Sec. 23. COMPREHENSIVE PLANS--MANDATORY ELEMENTS. The comprehensive plan of a county or city shall consist of a map or maps, and descriptive text covering objectives, principles, and standards used to develop it, and shall include a plan, scheme, or design for each of the following:

(1) A land use element designating the proposed general distribution and general location and extent of the uses of land, where appropriate, for agriculture, timber production, housing, commerce, industry, recreation, public utilities, public facilities, and other land uses. The land use element shall include population densities, building intensities, and estimates of future population growth. The land use element shall provide for protection of the quality and quantity of ground water used for public water supplies. Where applicable, the land use element 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.

The land use element shall include a housing subelement that: (a) Includes an inventory and analysis of existing and projected housing needs; (b) includes a statement of goals, policies, and objectives for the preservation, improvement, and development of housing; (c) identifies adequate sites for housing, including, but not limited to, government assisted housing, housing for low-income and moderate-income families, manufactured housing, multifamily housing, and group and foster care facilities; and (d) makes adequate provisions for existing and projected needs of all economic segments of the community.

The land use element shall include a public facilities subelement consisting of: (i) The general location and capacity of all existing and proposed public facilities, including publicly owned public utilities, but not including facilities included in the transportation element; (ii) a forecast of the future needs for such public facilities; (iii) an analysis of funding capabilities necessary to finance the maintenance of existing public facilities and to provide additional needed public facilities; (iv) a plan to finance public facilities within the projected funding capacities; and (v) a requirement to reassess the land use element if probable funding falls short of meeting existing needs.

(2) A public utilities element consisting of the general location and capacity of all existing and proposed public utilities, other than those shown in the transportation or land use elements, including, but not limited to, electrical lines, telephone lines, and natural gas lines.

(3) A transportation element that implements, and is consistent with, the land use element.

(a) The transportation element shall include the following parts: (i) Circulation and transportation; (ii) transit; (iii) transportation financing; (iv) intergovernmental coordination; and (v) demand management strategies.

(b) The parts of the transportation element shall include:

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

(ii) Levels of service standards for all arterial and transit routes to reflect the traveling expectations of local and regional residents, and to serve as a gauge to judge performance of the system. These levels should be regionally defined;

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

(iv) Forecasts of traffic 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 programs to meet current and future demands;

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

(vii) A requirement to reassess the land use element if probable funding falls short of meeting identified needs.

(c) The parts of the transportation element described in this subsection, and the six-year plans required by RCW 35.77.010 for cities, RCW 36.81.121 for counties, and RCW 35.58.2795 for public transportation systems, must be consistent.

NEW SECTION. Sec. 24. OPTIONAL ELEMENTS. A comprehensive plan may include any additional element, including:

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

(4) Additional elements and studies dealing with other subjects which, in its judgment, relate to the physical development within its jurisdiction.

NEW SECTION. Sec. 25. A new section is added to chapter 35.63 RCW to read as follows:

COMPREHENSIVE PLANS--REFERENCE. A comprehensive plan shall be consistent with sections 23 and 24 of this act.

The zoning controls, development regulations, official controls, or other restrictions on the use of land shall be consistent with, and implement, the comprehensive plan.

NEW SECTION. Sec. 26. A new section is added to chapter 35A.63 RCW to read as follows:

COMPREHENSIVE PLANS--REFERENCE. A comprehensive plan shall be consistent with sections 23 and 24 of this act.

The zoning controls, development regulations, official controls, or other restrictions on the use of land shall be consistent with, and implement, the comprehensive plan.

NEW SECTION. Sec. 27. A new section is added to chapter 36.70 RCW to read as follows:

COMPREHENSIVE PLANS--REFERENCE. A comprehensive plan shall be consistent with sections 23 and 24 of this act.

The zoning controls, development regulations, official controls, or other restrictions on the use of land shall be consistent with, and implement, the comprehensive plan.

NEW SECTION. Sec. 28. A new section is added to chapter 36.70 RCW to read as follows:

ZONING SHALL BE CONSISTENT. Zoning ordinances or other official controls shall be consistent with, and implement, the comprehensive plan.

NEW SECTION. Sec. 29. VESTING DOCTRINE REVISED. The "date certain vesting of rights" common law doctrine, initially established by the supreme court in STATE EX REL. HARDY V. SUPERIOR COURT, 155 Wash. 244 (1930), and more recently described in VALLEY VIEW V. REDMOND, 107 Wn.2d 621 (1987), is abolished. The majority rule for vesting of rights is adopted for the state of Washington under which a right vests only: (1) Upon the issuance of a valid permit; and (2) upon both a change of position and a substantial reliance being made upon the permit.

NEW SECTION. Sec. 30. LEGISLATIVE DIRECTIVE. Sections 2 through 16, 20 through 24, and 29 of this act shall constitute a new chapter in Title 36 RCW.

Sec. 31. Section 82.02.020, chapter 15, Laws of 1961 as last amended by section 6, chapter 179, Laws of 1988 and RCW 82.02.020 are each amended to read as follows:

IMPACT FEES--NOT PROHIBITED. Except only as expressly provided in RCW 67.28.180 and 67.28.190 and the provisions of chapter 82.14 RCW, the state preempts the field of imposing taxes upon retail sales of tangible personal property, the use of tangible personal property, parimutuel wagering authorized pursuant to RCW 67.16.060, conveyances, and cigarettes, and no county, town, or other municipal subdivision shall have the right to impose taxes of that nature. ((No county, city, town, or other municipal corporation shall impose any tax, fee, or charge, either direct or indirect, on the construction or reconstruction of residential buildings, commercial buildings, industrial buildings, or on any other building or building space or appurtenance thereto, or on the development, subdivision, classification, or reclassification of land. However, this section does not preclude dedications of land or easements pursuant to RCW 58.17.110 within the proposed development or plat which the county, city, town, or other municipal corporation can demonstrate are reasonably necessary as a direct result of the proposed development or plat to which the dedication of land or easement is to apply.

This section does not prohibit voluntary agreements with counties, cities, towns, or other municipal corporations that allow a payment in lieu of a dedication of land or to mitigate a direct impact that has been identified as a consequence of a proposed development, subdivision, or plat. A local government shall not use such voluntary agreements for local off-site transportation improvements within the geographic boundaries of the area or areas covered by an adopted transportation program authorized by chapter 39.92 RCW. Any such voluntary agreement is subject to the following provisions:

~~(1) The payment shall be held in a reserve account and may only be expended to fund a capital improvement agreed upon by the parties to mitigate the identified, direct impact;~~

~~(2) The payment shall be expended in all cases within five years of collection; and~~

(3) Any payment not so expended shall be refunded with interest at the rate applied to judgments to the property owners of record at the time of the refund; however, if the payment is not expended within five years due to delay attributable to the developer, the payment shall be refunded without interest.

No county, city, town, or other municipal corporation shall require any payment as part of such a voluntary agreement which the county, city, town, or other municipal corporation cannot establish is reasonably necessary as a direct result of the proposed development or plat.

Nothing in this section prohibits cities, towns, counties, or other municipal corporations from collecting reasonable fees from an applicant for a permit or other governmental approval to cover the cost to the city, town, county, or other municipal corporation of processing applications, inspecting and reviewing plans, or preparing detailed statements required by chapter 43.21C RCW.

This section does not limit the existing authority of any county, city, town, or other municipal corporation to impose special assessments on property specifically benefitted thereby in the manner prescribed by law.

Nothing in this section prohibits counties, cities, or towns from imposing or permits counties, cities, or towns to impose water, sewer, natural gas, drainage utility, and drainage system charges: PROVIDED, That no such charge shall exceed the proportionate share of such utility or system's capital costs which the county, city, or town can demonstrate are attributable to the property being charged: PROVIDED FURTHER, That these provisions shall not be interpreted to expand or contract any existing authority of counties, cities, or towns to impose such charges.

Nothing in this section prohibits a transportation benefit district from imposing fees or charges authorized in RCW 36.73.120 nor prohibits the legislative authority of a county, city, or town from approving the imposition of such fees within a transportation benefit district.

~~Nothing in this section prohibits counties, cities, or towns from imposing transportation impact fees authorized pursuant to chapter 39.92 RCW.~~

~~This section does not apply to special purpose districts formed and acting pursuant to Titles 54, 56, 57, or 87 RCW, nor is the authority conferred by these titles affected.~~))

NEW SECTION. Sec. 32. A new section is added to chapter 43.21C RCW to read as follows:

IMPACT FEES--ALLOWED UNDER SEPA. Impact fees may be required to mitigate potential impacts on public facilities and public services, including impacts arising from the increased use of public facilities or public services, or the increased need for public facilities or public services, arising from development activity that is authorized by the issuance of a permit, or other approval, by any branch of government of this state, including state agencies, municipal and public corporations, or counties. Such impacts could arise from the development activity itself, or the cumulative impact arising from development activity. Development activity that is otherwise categorically exempt from environmental review, or the preparation of an environmental impact statement, shall be subject to potential payment of such impact fees.

Mitigation fee schedules may be developed to measure such impacts and level of impact fees that are required as a condition of the issuance of the permit or other approval.

NEW SECTION. Sec. 33. A new section is added to chapter 43.21C RCW to read as follows:

STATE GOALS PART OF SEPA. The policy goals established under section 2 of this act are part of the policies and goals of this chapter.

Sec. 34. Section 6, chapter 109, Laws of 1971 ex. sess. as last amended by section 3, chapter 117, Laws of 1983 and RCW 43.21C.060 are each amended to read as follows:

COMPREHENSIVE PLANS--POLICY CONSIDERED IN SEPA. The policies and goals set forth in this chapter are supplementary to those set forth in existing authorizations of all branches of government of this state, including state agencies, municipal and public corporations, and counties. Any governmental action may be conditioned or denied pursuant to this chapter: PROVIDED, That such conditions or denials shall be based upon policies identified by the appropriate governmental authority and incorporated into regulations, plans, or codes which are formally designated by the agency (or appropriate legislative body, in the case of local government) as possible bases for the exercise of authority pursuant to this chapter. Such designation shall occur at the time specified by RCW 43.21C.120. The goals, objectives, and statements of policy contained in the comprehensive plan of a county, city, or town are part of the policies of the county, city, or town for purposes of this chapter, unless the county, city, or town has adopted an ordinance expressly removing those goals, objectives, and statements of policy from being considered as policies under this chapter. Such action may be conditioned only to mitigate specific adverse environmental impacts which are identified in the environmental documents prepared under this chapter. These conditions shall be stated in writing by the decisionmaker. Mitigation measures shall be reasonable and capable of being accomplished. In order to deny a proposal under this chapter, an agency must find that: (1) The proposal would result in significant adverse impacts, or sufficient public facilities do not exist to accommodate the proposal, as identified in a final or supplemental environmental impact statement prepared under this chapter; and (2) reasonable mitigation measures are insufficient to mitigate the identified impact, or dedications of land to public bodies, provision of public facilities, and impact fees or excise taxes have not been made or paid by the applicant. Except for permits and variances issued pursuant to chapter 90.58 RCW, when such a governmental action, not requiring a legislative decision, is conditioned or denied by a nonelected official of a local governmental agency, the decision shall be appealable to the legislative authority of the acting local governmental agency unless that legislative authority formally eliminates such appeals. Such appeals shall be in accordance with procedures established for such appeals by the legislative authority of the acting local governmental agency.

Sec. 35. Section 6, chapter 179, Laws of 1974 ex. sess. as amended by section 7, chapter 117, Laws of 1983 and RCW 43.21C.110 are each amended to read as follows:

SEPA--DEFINITION OF BUILT ENVIRONMENT. It shall be the duty and function of the department of ecology, which may utilize proposed rules developed by the environmental policy commission:

(1) To adopt and amend thereafter rules of interpretation and implementation of this chapter (the state environmental policy act of 1971), subject to the requirements of chapter 34.05 RCW, for the purpose of providing uniform rules and guidelines to all branches of government including state agencies, political subdivisions, public and municipal corporations, and counties. The proposed rules shall be subject to full public hearings requirements associated with rule promulgation. Suggestions for modifications of the proposed rules shall be considered on their merits, and the department shall have the authority and responsibility for full and appropriate independent promulgation and adoption of rules, assuring consistency with this chapter as amended and with the preservation of protections afforded by this chapter. The rule making powers authorized in this section shall include, but shall not be limited to, the following phases of interpretation and implementation of this chapter (the state environmental policy act of 1971):

(a) Categories of governmental actions which are not to be considered as potential major actions significantly affecting the quality of the environment, including categories pertaining to applications for water right permits pursuant to chapters 90.03 and 90.44 RCW. The types of actions included as categorical exemptions in the rules shall be limited to those types which are not major actions significantly affecting the quality of the environment. The rules shall provide for certain circumstances where actions which potentially are categorically exempt require environmental review.

(b) Rules for criteria and procedures applicable to the determination of when an act of a branch of government is a major action significantly affecting the quality of the environment for which a detailed statement is required to be prepared pursuant to RCW 43.21C.030.

(c) Rules and procedures applicable to the preparation of detailed statements and other environmental documents, including but not limited to rules for timing of environmental review, obtaining comments, data and other information, and providing for and determining areas of public participation which shall include the scope and review of draft environmental impact statements.

(d) Scope of coverage and contents of detailed statements assuring that such statements are simple, uniform, and as short as practicable; statements are required to analyze only reasonable alternatives and probable adverse environmental impacts which are significant, and may analyze beneficial impacts.

(e) Rules and procedures for public notification of actions taken and documents prepared.

(f) Definition of terms relevant to the implementation of this chapter including the establishment of a list of elements of the environment. Analysis of environmental considerations under RCW 43.21C.030(2) may be required only for those subjects listed as elements of the environment (or portions thereof). The list of elements of the environment shall consist of the "natural" and "built" environment. The elements of the built environment shall consist of public services and utilities (such as water, sewer, schools, fire and police protection), transportation, environmental health (such as explosive materials and toxic waste), ((~~and~~)) land and shoreline use (including housing, and a description of the relationships with land use and shoreline plans and designations, including population), and the costs of providing adequate elements of the built environment arising from a proposal.

(g) Rules for determining the obligations and powers under this chapter of two or more branches of government involved in the same project significantly affecting the quality of the environment.

(h) Methods to assure adequate public awareness of the preparation and issuance of detailed statements required by RCW 43.21C.030(2)(c).

(i) To prepare rules for projects setting forth the time limits within which the governmental entity responsible for the action shall comply with the provisions of this chapter.

(j) Rules for utilization of a detailed statement for more than one action and rules improving environmental analysis of nonproject proposals and encouraging better interagency coordination and integration between this chapter and other environmental laws.

(k) Rules relating to actions which shall be exempt from the provisions of this chapter in situations of emergency.

(l) Rules relating to the use of environmental documents in planning and decisionmaking and the implementation of the substantive policies and requirements of this chapter, including procedures for appeals under this chapter.

(2) In exercising its powers, functions, and duties under this section, the department may:

(a) Consult with the state agencies and with representatives of science, industry, agriculture, labor, conservation organizations, state and local governments and other groups, as it deems advisable; and

(b) Utilize, to the fullest extent possible, the services, facilities, and information (including statistical information) of public and private agencies, organizations, and individuals, in order to avoid duplication of effort and expense, overlap, or conflict with similar activities authorized by law and performed by established agencies.

(3) Rules adopted pursuant to this section shall be subject to the review procedures of RCW ((~~34.05.538 and~~)) 34.05.240.

NEW SECTION. Sec. 36. A new section is added to chapter 36.32 RCW to read as follows:

IMPACT FEES--AUTHORIZED. (1) Counties, cities, and towns are authorized to impose impact fees, excise taxes on development activity, or excise taxes on the privilege of engaging in business that constitutes development, to mitigate potential impacts on any public facilities, including impacts arising from the increased use of public facilities or the increased need for additional or expanded public facilities, arising from development activity that is authorized by the issuance of a permit, or other approval, by the county, city, or town. Such impacts could arise directly or indirectly from the development activity itself or the cumulative impact arising from development activity. The public facilities include those public facilities owned and operated by the county, city, or town, as well as public facilities owned and operated by other units of government within the county, city, or town, including, but not limited to, school districts.

A formula or other method of calculating the amount of the impact fees or excise taxes shall be established for each type of public facility for which the impact fees or excise taxes are imposed. A formula or other method of calculating the amount of the impact fees or excise taxes may provide for a reduction in the impact fees or excise taxes by the fair market value of any land or public facilities that are given to a unit of government to offset the impacts arising from the development activity.

(2) The money from such impact fees or excise taxes shall be placed into a capital account by the county, city, or town, or transferred to the other unit of government that owns and operates the impacted public facilities and that unit of government shall place the money into a capital account, and shall be expended for only capital costs of the type of public facility for which it is imposed. Such other units of government, include, but are not limited to, school districts, metropolitan park districts, park and recreation districts, park and recreation service areas, sewer districts, water districts, public utility districts, metropolitan municipal corporations, and other counties, cities, or towns.

(3) Unless the context clearly requires otherwise, the following definitions apply in this section:

(a) "Development" includes: (i) The construction or reconstruction of any structure, building space, or land; (ii) any division of land for purposes of sale, lease, or transfer of ownership, including subdivisions, short subdivisions, condominium approvals, or binding site plans; and (iii) any planned unit development or other contractual rezoning action.

(b) "Fair market value" means the price in terms of money that a property when developed as authorized by the permit or other approval will bring in a competitive and open market under all conditions of a fair sale, the buyer and seller each prudently knowledgeable.

Sec. 37. Section 18, chapter 189, Laws of 1967 as last amended by section 6, chapter 84, Laws of 1989 and RCW 36.93.180 are each amended to read as follows:

BOUNDARY REVIEW BOARD TO PREVENT SPRAWL. The decisions of the boundary review board shall attempt to achieve the following objectives:

(1) Preservation of natural neighborhoods and communities;

(2) Use of physical boundaries, including but not limited to bodies of water, highways, and land contours;

(3) Creation and preservation of logical service areas;

(4) Prevention of abnormally irregular boundaries;

(5) Discouragement of multiple incorporations of small cities and encouragement of incorporation of cities in excess of ten thousand population in heavily populated urban areas;

(6) Dissolution of inactive special purpose districts;

(7) Adjustment of impractical boundaries;

(8) Incorporation as cities or towns or annexation to cities or towns of unincorporated areas which are urban in character; ((~~and~~))

(9) Protection of agricultural and rural lands which are designated for long term productive agricultural and resource use by a comprehensive plan adopted by the county legislative authority; and

(10) Prevention of urban sprawl, including, but not limited to, denying any annexation of a city or town beyond an urban growth area established pursuant to section 10 of this act.

NEW SECTION. Sec. 38. A new section is added to chapter 43.62 RCW to read as follows:

DETERMINING POPULATION. The office of financial management shall determine the population of each county of the state annually as of April 1st of each year and on or before July 1st of each year shall file a certificate with the secretary of state showing its determination of the population for each county. The office of financial management also shall determine the percentage increase in population for each county over the preceding ten-year period, as of April 1st, and shall file a certificate with the secretary of state by July 1st showing its determination.

PART II

SUBDIVISIONS

Sec. 39. Section 1, chapter 121, Laws of 1983 and RCW 58.17.020 are each amended to read as follows:

SUBDIVISIONS--DEFINITIONS. As used in this chapter, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings.

(1) "Subdivision" is the division or redivision of land into ((~~five~~)) two or more lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership((~~, except as provided in subsection (6) of this section~~)).

(2) "Plat" is a map or representation of a subdivision, showing thereon the division of a tract or parcel of land into lots, blocks, streets or roads, and alleys or other divisions and dedications.

(3) "Dedication" is the deliberate appropriation of land by an owner for any general and public uses, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. The intention to dedicate shall be evidenced by the owner by the presentment for filing of a final plat ((~~or short plat~~)) showing the dedication thereon; and, the acceptance by the public shall be evidenced by the approval of such plat for filing by the appropriate governmental unit.

(4) "Preliminary plat" is a neat and approximate drawing of a proposed subdivision showing the general layout of streets or roads and alleys, lots, blocks, and other elements of a subdivision consistent with the requirements of this chapter. The preliminary plat shall be the basis for the approval or disapproval of the general layout of a subdivision.

(5) "Final plat" is the final drawing of the subdivision and dedication prepared for filing for record with the county auditor and containing all elements and requirements set forth in this chapter and in local regulations adopted under this chapter.

(6) (("Short subdivision" is the division or redivision of land into four or fewer lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership: PROVIDED, That the legislative authority of any city or town may by local ordinance increase the number of lots, tracts, or parcels to be regulated as short subdivisions to a maximum of nine.

~~(7)~~)) "Binding site plan" means a drawing to a scale specified by local ordinance which: (a) Identifies and shows the areas and locations of all streets, roads, improvements, utilities, open spaces, and any other matters specified by local regulations; (b) contains inscriptions or attachments setting forth such appropriate limitations and conditions for the use of the land as are established by the local government body having authority to approve the binding site plan; and (c) contains provisions making any development be in conformity with the binding site plan.

((~~(8) "Short plat" is the map or representation of a short subdivision.~~

~~(9)~~)) (7) "Lot" is a fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area. The term shall include tracts or parcels.

((~~(10)~~)) (8) "Block" is a group of lots, tracts, or parcels within well defined and fixed boundaries.

((~~(11)~~)) (9) "County treasurer" shall be as defined in chapter 36.29 RCW or the office or person assigned such duties under a county charter.

((~~(12)~~)) (10) "County auditor" shall be as defined in chapter 36.22 RCW or the office or person assigned such duties under a county charter.

((~~(13)~~)) (11) "County road engineer" shall be as defined in chapter 36.40 RCW or the office or person assigned such duties under a county charter.

((~~(14)~~)) (12) "Planning commission" means that body as defined in chapters 36.70, 35.63, or 35A.63 RCW as designated by the legislative body to perform a planning function or that body assigned such duties and responsibilities under a city or county charter.

((~~(15)~~)) (13) "County commissioner" shall be as defined in chapter 36.32 RCW or the body assigned such duties under a county charter.

Sec. 40. Section 3, chapter 271, Laws of 1969 ex. sess. as amended by section 1, chapter 134, Laws of 1974 ex. sess. and RCW 58.17.030 are each amended to read as follows:

SUBDIVISIONS--TWO LOTS. Every subdivision shall comply with the provisions of this chapter. ((~~Every short subdivision as defined in this chapter shall comply with the provisions of any local regulation adopted pursuant to RCW 58.17.060.~~))

However, a county, city, or town may adopt an ordinance providing for a special subdivision procedure for the subdivision of land into two lots that, except for having a one-step administrative approval process without a public hearing, must conform with the remainder of the requirements of this chapter, including, but not limited to, review and approval under RCW 58.17.110. Under such a special subdivision procedure, a public hearing shall be held if written demands for a public hearing have been filed with the county, city, or town, within twenty-one days of the posting of the notice of the proposed subdivision, that have been signed by five or more persons who either reside, or own real property located, within two hundred yards of the outer boundary of the land that is proposed to be subdivided. A lot that has been created under this special subdivision procedure may not be divided in any manner within twenty years of its creation without conforming with the regular subdivision procedure.

Sec. 41. Section 4-123, chapter 43, Laws of 1989 and RCW 58.17.040 are each amended to read as follows:

SUBDIVISIONS--EXEMPTIONS. The provisions of this chapter shall not apply to:

(1) Cemeteries and other burial plots while used for that purpose;

(2) Divisions of land into lots or tracts each of which is ((~~one-one hundred twenty-eighth~~)) one thirty-second of a section of land or larger, or ((~~five~~)) twenty acres or larger if the land is not capable of description as a fraction of a section of land, unless the ((~~governing authority~~)) legislative body of the city, town, or county in which the land is situated shall have adopted a subdivision ordinance requiring plat approval of such divisions: PROVIDED, That for purposes of computing the size of any lot under this item which borders on a street or road, the lot size shall be expanded to include that area which would be bounded by the center line of the road or street and the side lot lines of the lot running perpendicular to such center line;

(3) Divisions made by testamentary provisions, or the laws of descent;

(4) Subject to section 42 of this act, divisions of land into lots or tracts classified for industrial or commercial use when the city, town, or county has approved a binding site plan for the use of the land in accordance with local regulations;

(5) A division for the purpose of lease when no residential structure other than mobile homes or travel trailers are permitted to be placed upon the land when the city, town, or county has approved a binding site plan for the use of the land in accordance with local regulations;

(6) Subject to section 42 of this act, a division for purposes of residential lease including, but not limited to, apartments, duplexes, and triplexes, but not including divisions under subsection (5) or (8) of this section, when the city, town, or county has approved a binding site plan for the division in accordance with local regulations;

(7) A division made for the purpose of alteration by adjusting boundary lines, between platted or unplatted lots or both, which does not create any additional lot, tract, parcel, site, or division nor create any lot, tract, parcel, site, or division which contains insufficient area and dimension to meet minimum requirements for width and area for a building site; and

((~~(7)~~)) (8) Subject to section 42 of this act, divisions of land into lots or tracts if: (a) The improvements constructed or to be constructed thereon will be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners' associations have a membership or other legal or beneficial interest; (b) a city, town, or county has approved a binding site plan for all such land; and (c) the binding site plan contains thereon the following statement: "All development of the land described herein shall be in accordance with the binding site plan, as it may be amended. Upon completion, the improvements on the land shall be included in one or more condominiums or owned by an association or other legal entity in which the owners of units therein or their owners' associations have a membership or other legal or beneficial interest."

NEW SECTION. Sec. 42. A new section is added to chapter 58.17 RCW to read as follows:

SUBDIVISIONS--BINDING SITE PLANS. Each city, town, or county ordinance establishing a system of binding site plan approvals, that pursuant to RCW 58.17.040 remove the division from review under the remainder of this chapter, shall be subject to the following conditions:

(1) A binding site plan may be approved by a city, town, or county only if, after holding a public hearing on the proposal, the city, town, or county makes written findings that: (a) The public interest will be served by the proposal; and (b) appropriate provisions are made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage, streets or roads, alleys, other public ways, transit stops and stations, potable water supplies and facilities, sanitary wastes and related facilities, parks and recreation facilities, playgrounds, schools, school facilities, schoolgrounds, and sidewalks and other planning features that assure safe walking conditions for students who walk to and from school;

(2) Violations of the binding site plan ordinance are enforceable in the same manner as a violation of this chapter is enforced; and

(3) Penalties for violating the binding site plan ordinance are the same as for violating this chapter.

Sec. 43. Section 9, chapter 271, Laws of 1969 ex. sess. as last amended by section 5, chapter 293, Laws of 1981 and RCW 58.17.090 are each amended to read as follows:

SUBDIVISIONS--NOTICES. (1) Upon receipt of an application for preliminary plat approval the administrative officer charged by ordinance with responsibility for administration of regulations pertaining to platting and subdivisions shall set a date for a public hearing. At a minimum, notice of the hearing shall be given in the following manner: ((~~(1)~~)) (a) Notice shall be published not less than ten days prior to the hearing in a newspaper of general circulation within the county and a newspaper of general circulation in the area where the real property which is proposed to be subdivided is located; ((~~(2)~~)) and (b) special notice of the hearing shall be given to adjacent landowners by any other reasonable method local authorities deem necessary, but shall include, at a minimum, the conspicuous posting of notice in at least three places in the near vicinity of the land that is proposed to be subdivided. Adjacent landowners are the owners of real property, as shown by the records of the county assessor, located within three hundred feet of any portion of the boundary of the proposed subdivision. If the owner of the real property which is proposed to be subdivided owns another parcel or parcels of real property which lie adjacent to the real property proposed to be subdivided, notice under this subsection shall be given to owners of real property located within three hundred feet of any portion of the boundaries of such adjacently located parcels of real property owned by the owner of the real property proposed to be subdivided. All hearings shall be public. All hearing notices shall include a description of the location of the proposed subdivision. The description may be in the form of either a vicinity location sketch or a written description other than a legal description.

(2) Where a county, city, or town has adopted an ordinance providing for the administrative approval of a subdivision of land into two lots, the county shall provide notice of the proposed subdivision by publication and posting in the manner provided for under subsection (1) of this section. This notice shall be posted within forty-five days of the filing of the application, and shall be published not less than ten days after the posting of the notice.

Sec. 44. Section 11, chapter 271, Laws of 1969 ex. sess. as last amended by section 3, chapter 330, Laws of 1989 and RCW 58.17.110 are each amended to read as follows:

SUBDIVISIONS--APPROVAL CRITERIA. (1) The city, town, or county legislative body shall inquire into the public use and interest proposed to be served by the establishment of the subdivision and dedication. It shall determine: (a) If appropriate provisions are made for, but not limited to, the public health, safety, and general welfare, for open spaces, drainage ((~~ways~~)), streets or roads, alleys, other public ways, transit stops or stations, potable water supplies and facilities, sanitary wastes and related facilities, parks and recreation facilities, playgrounds, ((~~sites for~~)) schools, school facilities, and schoolgrounds, and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who walk to and from school((~~, and determine~~)); and (b) whether the public interest will be served by the subdivision and dedication. ((~~If it finds that the proposed plat makes~~))

(2) A proposed subdivision and dedication may be not approved unless the city, town, or county legislative body makes a written finding that: (a) Appropriate provisions are made for the public health, safety, and general welfare and for such open spaces, drainage ((~~ways~~)), streets or roads, alleys, other public ways, transit stops or stations, potable water supplies and facilities, sanitary wastes and related facilities, parks and recreation facilities, playgrounds, ((~~sites for~~)) schools, school facilities, and schoolgrounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who walk to and from school((~~, and that~~)); and (b) the public use and interest will be served by the ((~~platting of such~~)) subdivision((, then it shall be approved. If it finds that the proposed plat does not make such appropriate provisions or that the public use and interest will not be served, then the legislative body may disapprove the proposed plat)) and dedication. Dedication of land to any public body, provision of public facilities, and/or impact fees or excise taxes in lieu of dedications or provision of public facilities, may be required as a condition of subdivision approval and shall be clearly shown on the final plat. The legislative body shall not as a condition to the approval of any ((~~plat~~)) subdivision require a release from damages to be procured from other property owners.

Sec. 45. Section 14, chapter 271, Laws of 1969 ex. sess. as last amended by section 2, chapter 233, Laws of 1986 and RCW 58.17.140 are each amended to read as follows:

SUBDIVISIONS--APPROVAL TIME FRAMES. Preliminary plats of any proposed subdivision and dedication shall be approved, disapproved, or returned to the applicant for modification or correction within ninety days from date of filing thereof unless the applicant consents to an extension of such time period or the ninety day limitation is extended to include up to twenty-one days as specified under RCW 58.17.095(3): PROVIDED, That ((~~if an environmental impact statement is required as provided in RCW 43.21C.030,~~)) the ninety day period shall not include the time spent ((~~preparing and circulating the environmental impact statement by the local government agency~~)) conforming with the requirements of chapter 43.21C RCW. Final plats ((~~and short plats~~)) shall be approved, disapproved, or returned to the applicant within thirty days from the date of filing thereof, unless the applicant consents to an extension of such time period. A final plat meeting all requirements of this chapter shall be submitted to the legislative body of the city, town, or county for approval within three years of the date of preliminary plat approval((: PROVIDED, That this three-year time period shall retroactively apply to any preliminary plat pending before a city, town, or county as of July 24, 1983, where the authority to proceed with the filing of a final plat has not lapsed under an applicable city, town, or county ordinance containing a shorter time period that was in effect when the preliminary plat was approved)). An applicant who files a written request with the legislative body of the city, town, or county at least thirty days before the expiration of this three-year period shall be granted one one-year extension upon a showing that the applicant has attempted in good faith to submit the final plat within the three-year period. Nothing contained in this section shall act to prevent any city, town, or county from adopting by ordinance procedures which would allow other extensions of time that may or may not contain additional or altered conditions and requirements.

Sec. 46. Section 30, chapter 271, Laws of 1969 ex. sess. as amended by section 9, chapter 293, Laws of 1981 and RCW 58.17.165 are each amended to read as follows:

SUBDIVISIONS--TECHNICAL, SHORT PLATS. Every final plat ((~~or short plat~~)) of a subdivision ((~~or short subdivision~~)) filed for record must contain a certificate giving a full and correct description of the lands divided as they appear on the plat ((~~or short plat~~)), including a statement that the subdivision ((~~or short subdivision~~)) has been made with the free consent and in accordance with the desires of the owner or owners.

If the plat ((~~or short plat~~)) is subject to a dedication, the certificate or a separate written instrument shall contain the dedication of all streets or roads and other areas to the public, and individual or individuals, religious society or societies or to any corporation, public or private as shown on the plat ((~~or short plat~~)) and a waiver of all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage and maintenance of said road. Said certificate or instrument of dedication shall be signed and acknowledged before a notary public by all parties having any ownership interest in the lands subdivided and recorded as part of the final plat.

Every plat ((~~and short plat~~)) containing a dedication filed for record must be accompanied by a title report confirming that the title of the lands as described and shown on said plat is in the name of the owners signing the certificate or instrument of dedication.

An offer of dedication may include a waiver of right of direct access to any street or road from any property, and if the dedication is accepted, any such waiver is effective. Such waiver may be required by local authorities as a condition of approval. Streets or roads not dedicated to the public must be clearly marked on the face of the plat. Any dedication, donation or grant as shown on the face of the plat shall be considered to all intents and purposes, as a quitclaim deed to the said donee or donees, grantee or grantees for his, her or their use for the purpose intended by the donors or grantors as aforesaid.

Sec. 47. Section 17, chapter 271, Laws of 1969 ex. sess. as amended by section 10, chapter 293, Laws of 1981 and RCW 58.17.170 are each amended to read as follows:

SUBDIVISIONS--GRANDFATHERING OF OTHER STANDARDS. When the legislative body of the city, town or county finds that the subdivision proposed for final plat approval conforms to all terms of the preliminary plat approval, and that said subdivision meets the requirements of this chapter, other applicable state laws, and any local ordinances adopted under this chapter which were in effect at the time of preliminary plat approval, it shall suitably inscribe and execute its written approval on the face of the plat. The original of said final plat shall be filed for record with the county auditor. One reproducible copy shall be furnished to the city, town or county engineer. One paper copy shall be filed with the county assessor. Paper copies shall be provided to such other agencies as may be required by ordinance. ((Any lots in a final plat filed for record shall be a valid land use notwithstanding any change in zoning laws for a period of five years from the date of filing. A subdivision shall be governed by the terms of approval of the final plat, and the statutes, ordinances, and regulations in effect at the time of approval under RCW 58.17.150 (1) and (3) for a period of five years after final plat approval unless the legislative body finds that a change in conditions creates a serious threat to the public health or safety in the subdivision.))

Sec. 48. Section 14, chapter 293, Laws of 1981 and RCW 58.17.195 are each amended to read as follows:

SUBDIVISIONS--TECHNICAL, SHORT PLATS. No plat ((~~or short plat~~)) may be approved unless the city, town, or county makes a formal written finding of fact that the proposed subdivision ((~~or proposed short subdivision~~)) is in conformity with any applicable zoning ordinance or other land use controls which may exist.

Sec. 49. Section 4, chapter 354, Laws of 1987 and RCW 58.17.215 are each amended to read as follows:

SUBDIVISIONS--ALTERING. When any person is interested in the alteration of any subdivision or the altering of any portion thereof, except as provided in RCW 58.17.040(6), that person shall submit an application to request the alteration to the legislative authority of the city, town, or county where the subdivision is located. The application shall contain the signatures of the majority of those persons having an ownership interest of lots, tracts, parcels, sites, or divisions in the subject subdivision or portion to be altered. If the subdivision is subject to restrictive covenants which were filed at the time of the approval of the subdivision, and the application for alteration would result in the violation of a covenant, the application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminate or alter the relevant covenants to accomplish the purpose of the alteration of the subdivision or portion thereof. If the subdivision includes a dedication of land, and the application for alteration would result in abandoning or altering all or any part of the dedication, the application shall contain an agreement, signed by all persons having an ownership interest of lots, tracts, parcels, sites, or divisions in the subdivision, to abandon or alter the dedication to accomplish the purpose of the alteration of the subdivision or portion thereof.

Upon receipt of an application for alteration, the legislative body shall provide notice of the application to all owners of property within the subdivision, and as provided for in RCW 58.17.080 and 58.17.090. The notice shall either establish a date for a public hearing or provide that a hearing may be requested by a person receiving notice within fourteen days of receipt of the notice.

The legislative body shall determine the public use and interest in the proposed alteration and may deny or approve the application for alteration. If any land within the alteration is part of an assessment district, any outstanding assessments shall be equitably divided and levied against the remaining lots, parcels, or tracts, or be levied equitably on the lots resulting from the alteration. If any land within the alteration contains a dedication to the general use of persons residing within the subdivision, such land may be altered and divided equitably between the adjacent properties or otherwise provided for pursuant to the agreement.

After approval of the alteration, the legislative body shall order the applicant to produce a revised drawing of the approved alteration of the final plat ((~~or short plat~~)), which after signature of the legislative authority, shall be filed with the county auditor to become the lawful plat of the property.

This section shall not be construed as applying to the alteration or replatting of any plat of state-granted tide or shore lands.

Sec. 50. Section 6, chapter 354, Laws of 1987 and RCW 58.17.255 are each amended to read as follows:

SUBDIVISIONS--SURVEY DISCREPANCIES. Whenever a survey of a proposed subdivision ((~~or short subdivision~~)) reveals a discrepancy, the discrepancy shall be noted on the face of the final plat ((~~or short plat. Any~~)). The discrepancy or discrepancies that are so noted on the final plat shall be disclosed in a title report prepared by a title insurer and issued after the filing of the final plat ((~~or short plat~~)). However, the failure to disclose such a note shall not be subject to RCW 58.17.300. As used in this section, "discrepancy" means: (1) A boundary hiatus; (2) an overlapping boundary; or (3) a physical appurtenance, which indicates encroachment, lines of possession, or conflict of title.

Sec. 51. Section 2, chapter 150, Laws of 1973 as last amended by section 1, chapter 39, Laws of 1986 and RCW 58.17.310 are each amended to read as follows:

SUBDIVISIONS--TECHNICAL, SHORT PLATS. In addition to any other requirements imposed by the provisions of this chapter, the legislative authority of any city, town, or county shall not approve a ((~~short plat or~~)) final plat, as defined in RCW 58.17.020, for any subdivision, ((~~short subdivision,~~)) lot, tract, parcel, or site which lies in whole or in part in an irrigation district organized pursuant to chapter 87.03 RCW unless there has been provided an irrigation water right of way for each parcel of land in such district. In addition, if the subdivision, ((~~short subdivision,~~)) lot, tract, parcel, or site lies within land within ((~~the~~)) an irrigation district that is classified as being irrigable, completed irrigation water distribution facilities for such land may be required by the irrigation district by resolution, bylaw, or rule of general applicability as a condition for approval of the ((~~short plat or~~)) final plat by the legislative authority of the city, town, or county. Rights of way shall be evidenced by the respective plats submitted for final approval to the appropriate legislative authority. Compliance with the requirements of this section together with all other applicable provisions of this chapter shall be a prerequisite, within the expressed purpose of this chapter, to any sale, lease, or development of land in this state.

PART III

MISCELLANEOUS

NEW SECTION. Sec. 52. APPROPRIATION--GENERAL FUND. (1) Eleven million dollars, or as much thereof as may be necessary, is appropriated from the general fund to the department of community development, for the biennium ending June 30, 1991, to implement this act.

(2) The appropriation in this section is subject to the following limitations:

(a) No more than one million dollars may be used to provide technical assistance and mediation services to counties and cities under section 22 of this act; and

(b) No more than ten million dollars may be used to make grants to counties and cities under section 22(3) of this act.

NEW SECTION. Sec. 53. REPEALER. The following acts or parts of acts are each repealed:

(1) Section 35A.63.061, chapter 119, Laws of 1967 ex. sess., section 2, chapter 253, Laws of 1984, section 2, chapter 126, Laws of 1985 and RCW 35A.63.061;

(2) Section 35A.63.062, chapter 119, Laws of 1967 ex. sess., section 7, chapter 170, Laws of 1979 ex. sess. and RCW 35A.63.062;

(3) Section 36.70.330, chapter 4, Laws of 1963, section 3, chapter 253, Laws of 1984, section 3, chapter 126, Laws of 1985 and RCW 36.70.330;

(4) Section 36.70.350, chapter 4, Laws of 1963, section 10, chapter 170, Laws of 1979 ex. sess. and RCW 36.70.350;

(5) Section 2, chapter 104, Laws of 1987 and RCW 58.17.033;

(6) Section 6, chapter 271, Laws of 1969 ex. sess., section 3, chapter 134, Laws of 1974 ex. sess., section 1, chapter 92, Laws of 1987, section 5, chapter 354, Laws of 1987, section 2, chapter 330, Laws of 1989 and RCW 58.17.060;

(7) Section 12, chapter 134, Laws of 1974 ex. sess. and RCW 58.17.065;

(8) Section 1, chapter 233, Laws of 1986 and RCW 58.17.095;

(9) Section 1, chapter 47, Laws of 1984 and RCW 58.17.155; and

(10) Section 1, chapter 104, Laws of 1987 and RCW 19.27.095.

NEW SECTION. Sec. 54. SEVERABILITY CLAUSE. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 55. INFORMATIONAL MATERIALS NOT PART OF LAW. Part headings, section headings, and the index as used in this act do not constitute any part of the law.

NEW SECTION. Sec. 56. EFFECTIVE DATES. (1) Sections 5 and 20 of this act are 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.

(2) Section 48 of this act shall take effect July 1, 1990.