AN ACT Relating to planning for public facilities; amending RCW 82.02.020; adding new sections to chapter 43.21C RCW; adding a new section to chapter 19.27 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; and adding a new section to chapter 58.17 RCW.

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

NEW SECTION. Sec. 1. A new section is added to chapter 43.21C RCW to read as follows:

(1) Each county, city, and town shall develop and submit to the department of ecology a public facilities plan incorporating minimum functional standards for the construction of the following public facilities, as applicable:

(a) Transit systems;

(b) Roads, streets, highways, and bridges;

(d) Schools;

(e) Facilities for drinking water;

(f) Storm water systems;

(g) On-site and off-site sewage services;

(h) Solid waste collection and disposal services; and

(i) Parks, open spaces, and recreational facilities.

The county, city, or town may develop standards specific to portions of the jurisdiction.

(2) Each county, city, and town shall develop and implement procedures for public hearings to involve the public in developing the standards established in this section.

(3) Any city, county, or town not completing the plan under this section within three years of the effective date of this act shall be subject to a plan developed by the department of ecology.

NEW SECTION. Sec. 2. A new section is added to chapter 43.21C RCW to read as follows:

Prior to issuing a permit or granting approval for the use or division of land, a county, city, or town shall ensure that the applicable standard or standards pursuant to section 1 of this act have been met for any:

(1) Development permit issued under chapter 19.27, 35.63, 35A.63, or 36.70 RCW; and

(2) Subdivision permit issued under chapter 58.17 RCW.

Sec. 3. 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:

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. 4. 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. 5. A new section is added to chapter 19.27 RCW to read as follows:

Any permits issued under this chapter shall be consistent with the public facilities plan required by section 1 of this act.

NEW SECTION. Sec. 6. A new section is added to chapter 35.63 RCW to read as follows:

The zoning controls, development regulations, official controls, or other restrictions on the use of land shall be consistent with, and implement, the public facilities plan required by section 1 of this act.

NEW SECTION. Sec. 7. A new section is added to chapter 35A.63 RCW to read as follows:

NEW SECTION. Sec. 8. A new section is added to chapter 36.70 RCW to read as follows:

NEW SECTION. Sec. 9. A new section is added to chapter 58.17 RCW to read as follows:

Any ordinances adopted and permits and approvals issued under this chapter shall be consistent with the public facilities plan required by section 1 of this act.