AN ACT Relating to growth; amending RCW 36.81.121, 35.77.010, and 35.58.2795; adding a new chapter to Title 47 RCW; adding a new section to chapter 35.63 RCW; adding a new section to chapter 35A.63 RCW; adding a new section to chapter 36.70 RCW; creating new sections; repealing RCW 35A.63.061, 35A.63.062, 36.70.330, and 36.70.350; and making an appropriation.

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

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.

NEW SECTION. Sec. 2. INTENT‑-TRANSPORTATION PLANNING. The legislature finds that while the transportation system in Washington is owned and operated by numerous public jurisdictions, it should function as one interconnected and coordinated system. Transportation planning, at all jurisdictional levels, should be coordinated with local comprehensive plans. Further, local jurisdictions and the state should cooperate to achieve both state-wide and local transportation goals. To facilitate this coordination and cooperation among state and local jurisdictions, the legislature declares it to be in the state's interest to establish a coordinated planning program for regional transportation systems and facilities throughout the state.

NEW SECTION. Sec. 3. REGIONAL TRANSPORTATION PLANNING ORGANIZATIONS AUTHORIZED. The legislature hereby authorizes creation of regional transportation planning organizations within the state. Each regional transportation planning organization shall be formed through the voluntary association of local governments within a county, or within geographically contiguous counties. Each organization shall:

(1) Encompass at least one complete county;

(2) Have a population of at least one hundred thousand, or contain a minimum of three counties; and

(3) Have as members all counties within the region, and at least sixty percent of the cities and towns within the region representing a minimum of seventy-five percent of the cities' and towns' population.

The state department of transportation must verify that each regional transportation planning organization conforms with the requirements of this section.

In urbanized areas, the regional transportation planning organization is the same as the metropolitan planning organization designated for federal transportation planning purposes.

NEW SECTION. Sec. 4. REGIONAL TRANSPORTATION PLANNING ORGANIZATIONS‑-DUTIES. (1) Each regional transportation planning organization shall:

(a) Certify that the transportation elements of comprehensive plans adopted by counties, cities, and towns within the region conform with the requirements of section 8 of this act, and are consistent with regional transportation plans as provided for in (b) of this subsection;

(b) Develop and adopt a regional transportation plan that is consistent with county, city, and town comprehensive plans and state transportation plans. Such plans shall address existing or planned transportation facilities and services that exhibit one or more of the following characteristics:

(i) Physically crosses member county lines;

(ii) Is or will be used by a significant number of people who live or work outside the county in which the facility, service, or project is located;

(iii) Significant impacts are expected to be felt in more than one county;

(iv) Potentially adverse impacts of the facility, service, or project can be better avoided or mitigated through adherence to regional policies;

(v) Transportation needs addressed by a project have been identified by the regional transportation planning process and the remedy is deemed to have regional significance;

(c) Designate a lead planning agency to coordinate preparation of the regional transportation plan. The lead planning agency may be a regional council, a county, city, or town agency, or a Washington state department of transportation district;

(d) Review the regional transportation plan biennially for currency; and

(e) Forward the adopted plan, and documentation of the biennial review of it, to the state department of transportation.

(2) All transportation projects within the region that have an impact upon regional facilities or services must be consistent with the plan.

(3) In order to ensure state-wide consistency in the regional transportation planning process, the state department of transportation shall:

(a) In cooperation with regional transportation planning organizations, establish minimum standards for development of a regional transportation plan;

(b) Facilitate coordination between regional transportation planning organizations; and

(c) Through the regional transportation planning process, and through state planning efforts as required by RCW 47.01.071, identify and jointly plan improvements and strategies within those corridors important to moving people and goods on a regional or state-wide basis.

NEW SECTION. Sec. 5. TRANSPORTATION POLICY BOARDS. Each regional transportation planning organization shall create a transportation policy board. Transportation policy boards shall provide policy advice to the regional transportation planning organization and shall allow representatives of major employers within the region, the department of transportation, transit districts, ports, and member cities, towns, and counties within the region to participate in policy making.

NEW SECTION. Sec. 6. ALLOCATION OF REGIONAL TRANSPORTATION PLANNING FUNDS. Biennial appropriations to the department of transportation to carry out the regional transportation planning program shall set forth the amounts to be allocated as follows:

(1) A base amount per county for each county within each regional transportation planning organization, to be distributed to the lead planning agency;

(2) An amount to be distributed to each lead planning agency on a per capita basis; and

(3) An amount to be administered by the department of transportation as a discretionary grant program for special regional planning projects, including grants to allow counties which have significant transportation interests in common with an adjoining region to also participate in that region's planning efforts.

NEW SECTION. Sec. 7. 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. 8. 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; 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. The transportation element shall include the following subelements:

(a) Land use assumptions used in estimating travel;

(b) Facilities and services needs, including:

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

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

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

(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 needs to meet current and future demands;

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

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

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

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

(e) Demand management strategies.

Local jurisdictions must adopt and enforce ordinances which prohibit development approval if the development causes the level of service on a transportation facility to decline below the standards adopted in the transportation element of the comprehensive plan, unless transportation improvements or strategies to accommodate the impacts of development are made concurrent with the development. These strategies may include increased public transportation service, ride sharing programs, demand management and other transportation systems management strategies. For the purposes of this subsection "concurrent with the development" shall mean that improvements or strategies are in place at the time of development, or that a financial commitment is in place to complete the improvements or strategies within five years.

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. 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.

Sec. 10. 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. 11. 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. 12. 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. 13. A new section is added to chapter 35.63 RCW to read as follows:

COMPREHENSIVE PLANS‑-REFERENCE. A comprehensive plan shall be consistent with section 8 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. 14. A new section is added to chapter 35A.63 RCW to read as follows:

COMPREHENSIVE PLANS‑-REFERENCE. A comprehensive plan shall be consistent with section 8 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. 15. A new section is added to chapter 36.70 RCW to read as follows:

COMPREHENSIVE PLANS‑-REFERENCE. A comprehensive plan shall be consistent with section 8 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. 16. LEGISLATIVE DIRECTIVE. Sections 2 through 6 of this act shall constitute a new chapter in Title 47 RCW.

NEW SECTION. Sec. 17. APPROPRIATION‑-MOTOR VEHICLE FUND. One million seven hundred thousand dollars, or as much thereof as may be necessary, is appropriated from the motor vehicle fund to the department of transportation, for the biennium ending June 30, 1991, for regional transportation planning under sections 2 through 6 of this act.

Under the provisions of section 6 of this act, this appropriation shall be allocated as follows:

(1) A maximum total of $341,250 will be allocated to lead planning agencies, based on $8,750 per county for each county within a regional transportation planning organization;

(2) A maximum of $1,258,750 will be allocated to lead planning agencies on a per capita basis; and

(3) $100,000 for the discretionary grant program for special regional planning projects administered by the department of transportation.

Any funds not allocated under subsection (1) or (2) of this section shall be available for the discretionary grant program under subsection (3) of this section.

NEW SECTION. Sec. 18. 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. 19. SECTION HEADINGS NOT PART OF LAW. Section headings as used in this act do not constitute any part of the law.

NEW SECTION. Sec. 20. 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; and

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