AN ACT Relating to emergency siting and construction of correctional facilities; amending RCW 34.05.030; adding a new section to chapter 19.27 RCW; adding a new section to chapter 48.48 RCW; adding a new section to chapter 43.21C RCW; adding a new section to chapter 35.21 RCW; adding a new section to chapter 35.22 RCW; adding a new section to chapter 35.23 RCW; adding a new section to chapter 35.24 RCW; adding a new section to chapter 35.27 RCW; adding a new section to chapter 35.30 RCW; adding a new section to chapter 36.01 RCW; adding a new chapter to Title 72 RCW; repealing RCW 72.02.180 and 72.02.190; providing an expiration date; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature finds that the present size and predicted growth of jail and prison populations in Washington state is greater than the maximum capacity of current correctional facilities and those that can be expected to be built under current siting and permitting procedures. The legislature recognizes that this overpopulation, if not addressed by expedited siting and construction of additional correctional facilities and the renovation and expansion of existing correctional facilities, may result in the release of offenders who may present a danger to the life, health, and safety of the citizens of the state.

It is the policy of the state of Washington to recognize the pressing need for additional correctional facilities, and to address the effects of the location and operation of such facilities on the environment, the ecology of the land and its wildlife, and the ecology of state waters and their aquatic life.

The legislature finds that the interests of the state in providing correctional facilities outweigh the concerns of local government in the areas of local land use requirements, permits, and the application of local codes, as they may impede such construction. It is the intent of the legislature to enact procedures that will expedite the siting, permitting, and construction of correctional facilities. These procedures shall be based on the following premises:

(1) The overall public safety will be enhanced by the expedited siting, permitting, construction, and operation of an adequate number of correctional facilities to house the inmates duly incarcerated according to the laws of the state.

(2) The overall quality of the environment is important to the health and well-being of the public.

(3) Correctional facilities should ensure an efficient use of state and local resources.

(4) A process of expedited judicial review of siting decisions is necessary to ensure timely resolution of disputes relating to the siting, permitting, and construction of correctional facilities. Expedited judicial review is critical to public safety and involves a fundamental and urgent issue of broad public import which requires prompt and ultimate determination.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Authority" means the correctional facilities siting authority.

(2) "Siting committee" means one or more siting committees appointed by the authority to screen sites and areas for location of correctional facilities.

(3) "Correctional facilities" includes any correctional institution or facility operated in whole or in part by the department of corrections, whether operated by the department or under contract with the department. These correctional facilities include, but are not limited to, those covered by RCW 72.01.050, 72.64.100, and 72.65.010, but do not include local jail facilities operated solely by the cities and counties of the state.

(4) "Department" means the department of corrections.

(5) "Location of correctional facilities" includes the siting and construction of new correctional facilities and the expansion and renovation of existing correctional facilities.

NEW SECTION. Sec. 3. There is created the correctional facilities siting authority, which shall be responsible for the identification and selection of sites for the location and operation of state correctional facilities.

(1) The authority shall consist of seven voting members, including the secretary of corrections or designee, the director of the department of general administration or designee, and the director of the department of community development or designee. The secretary of corrections shall not participate in formal discussions on matters pertaining to environmental analyses conducted by the department; and the director of community development shall not participate in formal discussions on matters pertaining to the agency's role pertaining to fire protection and safety, as described in section 12 of this act. The remaining four voting members shall be public members appointed by the governor. At least two of the public members shall be elected or appointed local officials; one representing counties and one representing the cities of the state. In addition, the speaker of the house of representatives and the president of the senate shall each appoint two nonvoting members, one from each of the caucuses in their respective houses. The director of the department of ecology or designee shall sit as an ex officio nonvoting member.

(2) The secretary of corrections, the director of the department of general administration, and the director of the department of community development or their designees shall be ex officio members with a vote. The public members shall serve staggered four-year terms. Initially, two public members shall be appointed to two-year terms and two public members shall be appointed to four-year terms. The legislative members shall serve two-year terms, or until they cease to be members of the house from which they were appointed, whichever occurs first.

(3) The members of the authority shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for travel expenses under RCW 43.03.050 and 43.03.060 for nonlegislative members and under RCW 44.04.120 for legislative members.

(4) The chairperson of the authority shall be appointed by the governor and shall serve as chairperson at the governor's pleasure. A vice-chairperson shall be elected by the authority. The authority shall meet on call of the chairperson or on request of a majority of its voting members, but not less than four times per year.

(5) The authority may request from the office of financial management, the department of community development, the department of ecology, the indeterminate sentence review board, the administrator for the courts, the department of corrections, and the department of social and health services such data, information, and data processing assistance as it may need to accomplish its duties, and such services shall be provided by those agencies without cost to the authority. The department of corrections shall, to the fullest extent possible, provide clerical, technical, and support staff to the authority from its own personnel or by contract with an appropriate provider.

NEW SECTION. Sec. 4. The authority shall have the following responsibilities with respect to the identification and selection of sites for the location and operation of correctional facilities:

(1) To appoint one or more siting committees to screen and recommend to the authority the areas and jurisdictions within which correctional facilities should be located;

(2) To monitor, extend, and ensure compliance with time periods set by section 10 of this act within which state agencies and local government decisions regarding the issuance of permits, licenses, and certifications must be completed;

(3) To inventory all sites, areas, and jurisdictions proposed by the department, other state agencies, state government, or others for the location of correctional facilities and to determine which sites will be referred to a site selection committee for further review pursuant to this chapter;

(4) Upon completion of the screening conducted by a site selection committee and the environmental analyses conducted by the department, to select the specific site at which each correctional facility shall be constructed.

NEW SECTION. Sec. 5. (1) Within thirty days of the creation of the authority, it shall appoint one or more site selection committees. Each committee may be appointed on a state-wide, regional, or other basis as deemed appropriate by the authority. Each committee shall consist of:

(a) Two representatives of the department;

(b) A representative of county government;

(d) One citizen member, selected by the authority.

(2) The department shall provide clerical, technical, and support staff to the committee, as necessary.

(3) Not more than ninety days after the creation of a site selection committee, the site selection committee shall nominate the required number of sites in the state for location of the correctional facilities it has been charged to study.

(4) From time to time thereafter, as requested by the authority, the siting committee shall meet to nominate additional sites for consideration.

(5) The site selection committee shall screen all sites referred to it by the authority according to criteria relevant to the secure and efficient operation of correctional facilities, to include, but not be limited to, the following criteria:

(a) Current and future estimates of offenders originating from each county;

(b) Current and future estimates of types of crimes committed in each county;

(c) The geographic location of existing state correctional facilities and the relative impacts that those facilities have on the adjacent communities;

(d) The availability of personnel within the local labor market;

(e) The current capacity of correctional facilities in the area;

(f) The total usable and developable acreage of various sites based upon the use and purpose of the facility;

(g) The accessibility of each site to existing utility, transportation, law enforcement, health care, fire protection, refuse collection, sewage disposal, and water services;

(h) The susceptibility of each site to flooding hazards or other adverse natural environmental consequences and the potential impact the facility will have on the environment;

(i) Site location in relation to desirable and undesirable proximity to other public facilities, including schools;

(j) Patterns of residential growth and projected population growth;

(k) Infrastructure requirements:

(i) Roads; and

(ii) Utilities, such as water, electricity, sewage treatment, solid waste, and telephone;

(l) The department of corrections' six-year capital plan as appropriated by the legislature;

(m) Such other criteria as the authority, after consulting with the department and local governments, deems appropriate.

(6) The committee shall publish an initial report stating the conclusions of the committee with regard to those sites previously referred by the authority which it intends to nominate to the authority for final consideration.

(7) The committee shall provide copies of the initial report to:

(a) The county commission in the county where any of the nominated sites are located;

(b) If any of the sites is in a city, the city council where the site is located; and

(8) The authority shall provide media notice regarding the process and the sites under consideration, including, but not limited to, publication of a meeting notice in a newspaper of general circulation in each county where the proposed sites are located at least ten days prior to any meeting.

(9) The authority or the siting committee shall hold a public hearing in each county where proposed sites are located to receive state government, local government, neighborhood, law enforcement, and public testimony regarding the sites under consideration.

(10) The final report of the committee shall be provided to the authority. The authority may further narrow the sites under review before referral to the department. The department, upon referral from the authority, shall proceed to conduct any necessary environmental review as required by chapter 43.21C RCW. The authority may appoint an advisory committee of local officials and citizens to work with the department during the environmental review process.

NEW SECTION. Sec. 6. (1) Upon completion of the environmental analysis conducted by the department, the authority shall immediately convene to determine whether the preferred alternative analyzed by the department in its environmental review should be the site selected for location of a correctional facility.

(2) The authority shall make written findings and conclusions as to site selection in accordance with its own procedures which address the manner in which the site meets the needs of the department and the state. That decision and the administrative proceedings and meetings of the siting committee and authority shall constitute the administrative record for purposes of judicial review.

(3) The decision of the authority as to the location of correctional facilities shall preempt all other county, city, municipal corporation, and political subdivision zoning, land use planning, and local control with respect to selection of such sites.

(4) All meetings of the committee and authority shall be recorded. The rules of evidence shall not apply to such meetings.

NEW SECTION. Sec. 7. (1) A final decision by the authority pursuant to section 6 of this act to site a facility shall be subject to judicial review pursuant to the provisions of chapter 34.05 RCW and this section. Petitions for review of such a decision shall be filed in the Thurston county superior court. Within thirty days of the final decision, all petitions for review of a decision under section 6 of this act shall be consolidated into a single proceeding before the Thurston county superior court. The Thurston county superior court shall certify the petition for review to the supreme court upon the following conditions:

(a) Review can be made on the administrative record;

(b) Fundamental and urgent interests affecting the public interest and development of prison facilities are involved which require a prompt determination;

(c) Review by the supreme court would likely be sought regardless of the determination of the Thurston county superior court; and

(d) The record is complete for review.

(2) The Thurston county superior court shall assign a petition for review of a decision under section 6 of this act for hearing at the earliest possible date and shall expedite such petition in every way possible. If the court finds that review cannot be limited to the administrative record as set forth in subsection (1)(a) of this section because there are alleged irregularities in the procedures before the authority not found in the record, but finds that the standards set forth in subsection (1)(b), (c), and (d) of this section are met, the court shall proceed to take testimony and determine such factual issues raised by the alleged irregularities and certify the petition and its determination of such factual issues to the supreme court. Upon certification, the supreme court shall assign the petition for hearing at the earliest possible date, and it shall expedite its review and decision in every way possible.

(3) The decision of the authority shall be affirmed unless arbitrary and capricious or contrary to law.

(4) Objections raised by any party in interest concerning procedural error by the authority shall be filed with the authority within thirty days of the commission of such error, or within thirty days of the public hearing or meeting of the authority at which the general subject matter to which the error is related is discussed, whichever comes later, or such objection shall be deemed waived for purposes of judicial review as provided in this section.

NEW SECTION. Sec. 8. Upon the request of the authority, the secretary of corrections may, through written interlocal agreement entered into pursuant to chapter 39.34 RCW between the department of corrections and city, county, political subdivision, or other state agency, approve the use of funds appropriated for correctional facilities, consistent with legislative intent and the availability of funds, to:

(1) Support the addition of staff or resources by:

(a) Cities, counties, and political subdivisions to assist in the expedited planning and identification of sites and permitting of construction; and/or

(b) A state agency or department for those tasks common to the sites under consideration by the authority; and/or

(2) Provide technical assistance to the local government planning departments in the planning of sites and the permitting of construction.

NEW SECTION. Sec. 9. Nothing in this chapter shall be construed to limit the right of the secretary of corrections to separately locate and construct correctional facilities in accordance with existing building and permitting processes, or the exercise of any of the powers or performance of any of the duties specified by law to be performed by the secretary.

NEW SECTION. Sec. 10. A new section is added to chapter 19.27 RCW to read as follows:

(1)(a) Affected state agencies, counties, cities, municipal corporations, special districts, and political subdivisions shall approve or deny applications submitted by the department of corrections for permits, licenses, and certificates necessary to the construction and operation of correctional facilities in the length of time required by local ordinance, but in no case longer than forty-five days from the date of application unless a longer time frame is determined appropriate by the authority. Approval of applications shall not be unreasonably withheld. In the event that such agencies fail to act within the specified time frame or the time frame extended by the authority, the permit, license, or certificate shall be deemed to be issued.

(b) For purposes of this section, the date of application from which the forty-five days begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday listed in RCW 1.16.050, in which event the period runs until the end of the next day which is not a Saturday, a Sunday, or a legal holiday listed in RCW 1.16.050.

(c) A state or local government agency shall continue to exercise enforcement authority over any permit, license, or certificate issued by it or issued under subsection (1)(a) of this section.

(2) Ordinances, resolutions, or regulations adopted by local governments that effectively amend the codes enumerated in RCW 19.27.031 as adopted and amended by the state building code council shall be inapplicable to correctional facilities.

(3) In the event action is taken to enjoin, prohibit, or challenge any decisions of the correctional facilities siting authority or the department of corrections taken under sections 1 through 9 of this act not otherwise precluded by this chapter, the judicial review procedures of section 7 of this act shall control. The denial of any permit, license, or certificate shall be immediately reviewable in Thurston county superior court pursuant to the procedures set forth in section 7 of this act.

NEW SECTION. Sec. 11. A new section is added to chapter 48.48 RCW to read as follows:

(1) Standards for fire protection and safety and the enforcement thereof, with respect to correctional facilities now under, or which may hereafter be placed under, the supervision and control of the secretary of corrections, shall be the responsibility of the director of community development, through the director of fire protection, who shall adopt such nationally recognized fire and building codes and standards as may be applicable to correctional facilities. After the approval of such standards by the correctional facilities siting authority, the director of community development, through the director of fire protection, shall make or cause to be made plan reviews, construction inspections, and annual inspections as necessary to ensure compliance with such codes and standards.

(2) Fire inspections of correctional facilities shall be the responsibility of the director of community development, through the director of fire protection or his or her authorized deputy. Inspections shall be consistent with the standards adopted by the director of community development. Findings of a serious nature shall be coordinated with the secretary of corrections and the director of community development, through the director of fire protection, for determination of appropriate actions to ensure a safe environment for offenders residing in correctional facilities. The director of community development, through the director of fire protection, shall have exclusive authority to determine appropriate corrective action under this section.

Sec. 12. Section 15, chapter 234, Laws of 1959 as last amended by section 2, chapter 175, Laws of 1989 and RCW 34.05.030 are each amended to read as follows:

(1) This chapter shall not apply to:

(a) The state militia, or

(b) The board of clemency and pardons, or

(c) The department of corrections or the indeterminate sentencing review board with respect to persons who are in their custody or are subject to the jurisdiction of those agencies, or

(d) The correctional facilities siting authority.

(2) The provisions of RCW 34.05.410 through 34.05.598 shall not apply:

(a) To adjudicative proceedings of the board of industrial insurance appeals except as provided in RCW 7.68.110 and 51.48.131;

(b) Except for actions pursuant to chapter 46.29 RCW, to the denial, suspension, or revocation of a driver's license by the department of licensing;

(c) To the department of labor and industries where another statute expressly provides for review of adjudicative proceedings of a department action, order, decision, or award before the board of industrial insurance appeals;

(d) To actions of the state personnel board, the higher education personnel board, or the personnel appeals board; or

(e) To the extent they are inconsistent with any provisions of chapter 43.43 RCW.

(3) Unless a party makes an election for a formal hearing pursuant to RCW 82.03.140 or 82.03.190, RCW 34.05.410 through 34.05.598 do not apply to a review hearing conducted by the board of tax appeals.

(4) All other agencies, whether or not formerly specifically excluded from the provisions of all or any part of the Administrative Procedure Act, shall be subject to the entire act.

NEW SECTION. Sec. 13. A new section is added to chapter 43.21C RCW to read as follows:

The provisions of section 7 of this act shall apply to review of department of corrections decisions and actions taken pursuant to chapter 43.21C RCW.

NEW SECTION. Sec. 14. A new section is added to chapter 35.21 RCW to read as follows: