AN ACT Relating to boundary review boards; amending RCW 35.02.037, 35.02.039, 35.02.070, 35.02.078, 35.02.086, 35.02.100, 35.02.150, 35.10.217, 35.10.450, 35.13.171, 35A.14.015, 35A.14.030, 35A.14.050, 35A.14.070, 35A.14.160, 35A.14.220, 35A.14.230, 36.94.170, 39.33.060, 56.02.060, 56.02.070, 56.36.030, 57.02.040, and 57.40.120; and repealing RCW 36.93.010, 36.93.020, 36.93.030, 36.93.040, 36.93.070, 36.93.080, 36.93.090, 36.93.093, 36.93.100, 36.93.105, 36.93.110, 36.93.115, 36.93.120, 36.93.130, 36.93.140, 36.93.150, 36.93.160, 36.93.170, 36.93.180, 36.93.190, 36.93.200, 36.93.210, 36.93.220, 36.93.900, 36.93.910, and 36.93.920.

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

Sec. 1. Section 6, chapter 234, Laws of 1986 and RCW 35.02.037 are each amended to read as follows:

The county auditor who certifies the sufficiency of the petition shall notify the person or persons who submitted the petition of its sufficiency within five days of when the determination of sufficiency is made. Notice shall be by certified mail and may additionally be made by telephone. ((If a boundary review board or boards exists in the county or counties in which the proposed city or town is located, the petitioners shall file notice of the proposed incorporation with the boundary review board or boards.))

Sec. 2. Section 7, chapter 234, Laws of 1986 and RCW 35.02.039 are each amended to read as follows:

(1) The county legislative authority of the county in which the proposed city or town is located shall hold a public hearing on the proposed incorporation ((~~if no boundary review board exists in the county, or if the boundary review board does not take jurisdiction over the proposal~~)). The public hearing shall be held within sixty days of when the county auditor notifies the legislative authority of the sufficiency of the petition ((if no boundary review board exists in the county, or within ninety days of when notice of the proposal is filed with the boundary review board if the boundary review board fails to take jurisdiction over the proposal)). The public hearing may be continued to other days, not extending more than sixty days beyond the initial hearing date. ((~~If the boundary review board takes jurisdiction, the county legislative authority shall not hold a public hearing on the proposal.~~))

(2) If the proposed city or town is located in more than one county, a public hearing shall be held in each of the counties by the county legislative authority ((~~or boundary review board~~)). Joint public hearings may be held by two or more county legislative authorities((~~, or two or more boundary review boards~~)).

Sec. 3. Section 35.02.070, chapter 7, Laws of 1965 as last amended by section 9, chapter 234, Laws of 1986 and RCW 35.02.070 are each amended to read as follows:

(1) If a county legislative authority holds a public hearing on a proposed incorporation, it shall establish and define the boundaries of the proposed city or town, being authorized to decrease but not increase the area proposed in the petition, except for adjusting the boundaries out to the right of way line of any portion of a public highway, street, or road pursuant to RCW 35.02.170. Any decrease shall not exceed twenty percent of the area proposed or that portion of the area located within the county: PROVIDED, That the area shall not be so decreased that the number of inhabitants therein shall be less than required by RCW 35.02.010 as now or hereafter amended. The county legislative authority((~~, or the boundary review board if it takes jurisdiction,~~)) shall determine the number of inhabitants within the boundaries it has established.

(2) A county legislative authority shall disapprove the proposed incorporation if, without decreasing the area proposed in the petition, it does not conform with RCW 35.02.010. A county legislative authority may not otherwise disapprove a proposed incorporation.

(3) A county legislative authority ((~~or boundary review board~~)) has jurisdiction only over that portion of a proposed city or town located within the boundaries of the county.

Sec. 4. Section 10, chapter 234, Laws of 1986 and RCW 35.02.078 are each amended to read as follows:

An election shall be held in the area proposed to be incorporated to determine whether the proposed city or town shall be incorporated ((~~if the boundary review board approves or modifies and approves the proposal, or~~)) if the county legislative authority does not disapprove the proposal as provided in RCW 35.02.070. Voters at this election shall determine if the area is to be incorporated.

The initial election on the question of incorporation shall be held at the next special election date specified in RCW 29.13.020 that occurs sixty or more days after the final public hearing by the county legislative authority or authorities((~~, or the approval or modification and approval by the boundary review board or boards~~)). The county legislative authority or authorities shall call for this election and, if the incorporation is approved, shall call for other elections to elect the elected officials as provided in this section. If the vote in favor of the incorporation receives forty percent or less of the total vote on the question of incorporation, no new election on the question of incorporation for the area or any portion of the area proposed to be incorporated may be held for a period of three years from the date of the election in which the incorporation failed.

If the incorporation is authorized as provided by RCW 35.02.120, separate elections shall be held to nominate and elect persons to fill the various elective offices prescribed by law for the population and type of city or town, and to which it will belong. The primary election to nominate candidates for these elective positions shall be held at the next special election date, as specified in RCW 29.13.020, that occurs sixty or more days after the election on the question of incorporation. The election to fill these elective positions shall be held at the next special election date, as specified in RCW 29.13.020, that occurs thirty or more days after certification of the results of the primary election.

Sec. 5. Section 35.02.086, chapter 7, Laws of 1965 as amended by section 11, chapter 234, Laws of 1986 and RCW 35.02.086 are each amended to read as follows:

Each candidate for a city or town elective position shall file a declaration of candidacy with the county auditor of the county in which all or the major portion of the city or town is located, not more than forty-five nor less than thirty days prior to the primary election at which the initial elected officials are nominated. The elective positions shall be as provided in law for the type of city or town and form or plan of government specified in the petition to incorporate, and for the population of the city or town as determined by the county legislative authority ((~~or boundary review board where applicable~~)). Any candidate may withdraw his or her declaration at any time within five days after the last day allowed for filing declaration of candidacy. All names of candidates to be voted upon shall be printed upon the ballot alphabetically in groups under the designation of the respective titles of offices for which they are candidates. Names of candidates printed upon the ballot need not be rotated.

Sec. 6. Section 35.02.100, chapter 7, Laws of 1965 as amended by section 13, chapter 234, Laws of 1986 and RCW 35.02.100 are each amended to read as follows:

The notice of election on the question of the incorporation shall be given as provided by RCW 29.27.080 but shall further describe the boundaries of the proposed city or town, its name, and the number of inhabitants ascertained by the county legislative authority ((~~or the boundary review board~~)) to reside in it.

Sec. 7. Section 35.02.150, chapter 7, Laws of 1965 as last amended by section 23, chapter 234, Laws of 1986 and RCW 35.02.150 are each amended to read as follows:

After the filing of any petition for incorporation with the county auditor, and pending its final disposition as provided for in this chapter, no other petition for incorporation which embraces any of the territory included therein shall be acted upon by the county auditor, the county legislative authority, ((~~or the boundary review board,~~)) or by any other public official or body that might otherwise be empowered to receive or act upon such a petition: PROVIDED, That any petition for incorporation may be withdrawn by a majority of the signers thereof at any time before such petition has been certified by the county auditor to the county legislative authority: PROVIDED FURTHER, That a new petition may be substituted therefor that embraces other or different boundaries, incorporation as a city or town operating under a different title of law, or for incorporation as a city or town operating under a different plan or form of government, by a majority of the signers of the original incorporation petition, at any time before the original petition has been certified by the county auditor to the county legislative authority, in which case the same proceedings shall be taken as in the case of an original petition. A ((~~boundary review board,~~)) county auditor, county legislative authority, or any other public official or body may act upon a petition for annexation before considering or acting upon a petition for incorporation which embraces some or all of the same territory, without regard to priority of filing.

Sec. 8. Section 4, chapter 89, Laws of 1969 ex. sess. as last amended by section 1, chapter 253, Laws of 1986 and RCW 35.10.217 are each amended to read as follows:

The following methods are available for the annexation of all or a part of a city or town to another city or town:

(1) A petition for an election to vote upon the annexation, which proposed annexation is approved by the legislative body of the city or town from which the territory will be taken, may be submitted to the legislative body of the city or town to which annexation is proposed. An annexation under this subsection shall otherwise conform with the requirements for and procedures of a petition and election method of annexing unincorporated territory under chapter 35.13 RCW, except for the requirement for the approval of the annexation by the city or town from which the territory would be taken.

(2) The legislative body of a city or town may on its own initiative by resolution indicate its desire to be annexed to a city or town either in whole or in part, or the legislative body of a city or town proposing to annex all or part of another city or town may initiate the annexation by adopting a resolution indicating that desire. In case such resolution is passed, such resolution shall be transmitted to the other affected city or town. The annexation is effective if the other city or town adopts a resolution concurring in the annexation, unless the owners of property in the area proposed to be annexed, equal in value to sixty percent or more of the assessed valuation of the property in the area, protest the proposed annexation in writing to the legislative body of the city or town proposing to annex the area, within thirty days of the adoption of the second resolution accepting the annexation. Notices of the public hearing at which the second resolution is adopted shall be mailed to the owners of the property within the area proposed to be annexed in the same manner that notices of a hearing on a proposed local improvement district are required to be mailed by a city or town as provided in chapter 35.43 RCW. An annexation under this subsection shall be potentially subject to review by ((~~a boundary review board or other~~)) an annexation review board after the adoption of the initial resolution, and the second resolution may not be adopted until the proposed annexation has been approved by the board.

(3) The owners of property located in a city or town may petition for annexation to another city or town. An annexation under this subsection shall conform with the requirements for and procedures of a direct petition method of annexing unincorporated territory, except that the legislative body of the city or town from which the territory would be taken must approve the annexation before it may proceed.

(4) All annexations under this section are subject to potential review by the local ((~~boundary review board or~~)) annexation review board.

Sec. 9. Section 8, chapter 281, Laws of 1985 and RCW 35.10.450 are each amended to read as follows:

The county legislative authority, or the county legislative authorities jointly, shall set the date, time, and place for one or more public meetings on the proposed consolidation, and name a person or persons to chair the meetings. There shall be at least one public meeting in each county in which one or more of the cities proposed to be consolidated is located. ((A county legislative authority may name the members of the boundary review board, if one exists in the county, to chair one or more of the public meetings held in that county. In addition to any meeting held by the county, a boundary review board, if requested by a majority of the county legislative authority, may hold a public meeting on proposed consolidation of cities. The meeting shall be limited to receiving comments and written materials from citizens and city officials on the proposed consolidation of that portion of cities located in the county which the boundary review board serves. The record and proceedings of the boundary review board are supplemental and advisory to the consolidation of cities. If a boundary review board meets pursuant to this section, the boundary review board may include, as part of its record, comments pertaining to the probable environmental impact of the proposed consolidation.)) The record of the meeting ((~~and advisory comments of the board, if any,~~)) must be filed with the county legislative authority no later than twenty days before the date of the election at which the question of consolidating the cities is presented to the voters. ((~~The boundary review board shall not have any authority or jurisdiction on city consolidations under chapter 36.93 RCW.~~)) A public meeting shall be held at each specified date, time, and place. The public meetings of the county ((~~or the boundary review board~~)) shall be held at least twenty but not more than forty-five days before the date of the election at which the question of consolidating the cities is presented to the voters.

At each public meeting, each city proposed to be consolidated shall present testimony and written materials concerning the following topics: (1) The rate or rates of property taxes imposed by the city, and the purposes of these levies; (2) the excise taxes imposed by the city, including the tax bases and rates; and (3) the indebtedness of the city, including general indebtedness, both voter-approved and nonvoter-approved, as well as the city's special indebtedness, such as revenue bond indebtedness. Any interested person, including the officials of the cities proposed to be consolidated, may present information concerning the proposed consolidation and testify for or against the proposed consolidations.

Notice of each public meeting shall be published by the county within whose boundaries the public meeting is held in the normal manner notices of county hearings are published.

Sec. 10. Section 35.13.171, chapter 7, Laws of 1965 as last amended by section 2, chapter 6, Laws of 1985 and RCW 35.13.171 are each amended to read as follows:

Within thirty days after the filing of a city's or town's annexation resolution pursuant to RCW 35.13.015 with the board of county commissioners or within thirty days after filing with the county commissioners a petition calling for an election on annexation, as provided in RCW 35.13.020, or within thirty days after approval by the legislative body of a city or town of a petition of property owners calling for annexation, as provided in RCW 35.13.130, the mayor of the city or town concerned ((~~that is not subject to the jurisdiction of a boundary review board under chapter 36.93 RCW,~~)) shall convene a review board composed of the following persons:

(1) The mayor of the city or town initiating the annexation by resolution, or the mayor in the event of a twenty percent annexation petition pursuant to RCW 35.13.020, or an alternate designated by ((~~him~~)) the mayor;

(2) The chairman of the board of county commissioners of the county wherein the property to be annexed is situated, or an alternate designated by ((~~him~~)) the chairman;

(3) The director of community development, or an alternate designated by ((~~him;~~)) the director.

Two additional members to be designated, one by the mayor of the annexing city, which member shall be a resident property owner of the city, and one by the chairman of the county legislative authority, which member shall be a resident of and a property owner or a resident or a property owner if there be no resident property owner in the area proposed to be annexed, shall be added to the original membership and the full board thereafter convened upon call of the mayor: PROVIDED FURTHER, That three members of the board shall constitute a quorum.

Sec. 11. Section 35A.14.015, chapter 119, Laws of 1967 ex. sess. as last amended by section 29, chapter 234, Laws of 1986 and RCW 35A.14.015 are each amended to read as follows:

When the legislative body of a charter code city or noncharter code city shall determine that the best interests and general welfare of such city would be served by the annexation of unincorporated territory contiguous to such city, such legislative body may, by resolution, call for an election to be held to submit to the voters of such territory the proposal for annexation. The resolution shall, subject to RCW 35.02.170, describe the boundaries of the area to be annexed, state the number of voters residing therein as nearly as may be, and shall provide that said city will pay the cost of the annexation election. The resolution may require that there also be submitted to the electorate of the territory sought to be annexed a proposition that all property within the area annexed shall, upon annexation, be assessed and taxed at the same rate and on the same basis as the property of such annexing city is assessed and taxed to pay for all or any portion of the then-outstanding indebtedness of the city to which said area is annexed, which indebtedness has been approved by the voters, contracted for, or incurred prior to, or existing at, the date of annexation. Whenever such city has prepared and filed a proposed zoning regulation for the area to be annexed as provided for in RCW 35A.14.330 and 35A.14.340, the resolution initiating the election may also provide for the simultaneous adoption of the proposed zoning regulation upon approval of annexation by the electorate of the area to be annexed. A certified copy of the resolution shall be filed with the legislative authority of the county in which said territory is located. A certified copy of the resolution shall be filed with ((~~the boundary review board as provided for in chapter 36.93 RCW or~~)) the county annexation review board established by RCW 35A.14.200, unless such annexation proposal is within the provisions of RCW 35A.14.220.

Sec. 12. Section 35A.14.030, chapter 119, Laws of 1967 ex. sess. as last amended by section 3, chapter 124, Laws of 1979 ex. sess. and RCW 35A.14.030 are each amended to read as follows:

Upon approval of the petition for election by the legislative body of the code city to which such territory is proposed to be annexed, the petition shall be filed with the legislative authority of the county in which such territory is located, along with a statement, in the form required by the city, of the provisions, if any there be, relating to assumption of the portion of the debt that the city requires to be assumed by the owners of property of the area proposed to be annexed, and/or the simultaneous adoption of a proposed zoning regulation for the area. A copy of the petition and the statement, if any, shall also be filed with ((~~the boundary review board as provided for in chapter 36.93 RCW or~~)) the county annexation review board established by RCW 35A.14.160, unless such proposed annexation is within the provisions of RCW 35A.14.220.

Sec. 13. Section 35A.14.050, chapter 119, Laws of 1967 ex. sess. as last amended by section 5, chapter 351, Laws of 1989 and RCW 35A.14.050 are each amended to read as follows:

After consideration of the proposed annexation as provided in RCW 35A.14.200, the county annexation review board, within thirty days after the final day of hearing, shall take one of the following actions:

(1) Approval of the proposal as submitted.

(2) Subject to RCW 35.02.170, modification of the proposal by adjusting boundaries to include or exclude territory; except that any such inclusion of territory shall not increase the total area of territory proposed for annexation by an amount exceeding the original proposal by more than five percent: PROVIDED, That the county annexation review board shall not adjust boundaries to include territory not included in the original proposal without first affording to residents and property owners of the area affected by such adjustment of boundaries an opportunity to be heard as to the proposal.

(3) Disapproval of the proposal.

The written decision of the county annexation review board shall be filed with the board of county commissioners and with the legislative body of the city concerned. If the annexation proposal is modified by the county annexation review board, such modification shall be fully set forth in the written decision. If the decision of ((~~the boundary review board or~~)) the county annexation review board is favorable to the annexation proposal, or the proposal as modified by the review board, the legislative body of the city at its next regular meeting if to be held within thirty days after receipt of the decision of ((~~the boundary review board or~~)) the county annexation review board, or at a special meeting to be held within that period, shall indicate to the county auditor its preference for a special election date for submission of such annexation proposal, with any modifications made by the review board, to the voters of the territory proposed to be annexed. The special election date that is so indicated shall be one of the dates for special elections provided under RCW 29.13.020 that is sixty or more days after the date the preference is indicated. The county legislative authority shall call the special election at the special election date so indicated by the city. If ((~~the boundary review board or~~)) the county annexation review board disapproves the annexation proposal, no further action shall be taken thereon, and no proposal for annexation of the same territory, or substantially the same as determined by the board, shall be initiated or considered for twelve months thereafter.

Sec. 14. Section 35A.14.070, chapter 119, Laws of 1967 ex. sess. as amended by section 4, chapter 124, Laws of 1979 ex. sess. and RCW 35A.14.070 are each amended to read as follows:

Notice of an annexation election shall particularly describe the boundaries of the area proposed to be annexed, as the same may have been modified by ((~~the boundary review board or~~)) the county annexation review board, state the objects of the election as prayed in the petition or as stated in the resolution, and require the voters to cast ballots which shall contain the words "For Annexation" or "Against Annexation" or words equivalent thereto, or contain the words "For Annexation and Adoption of Proposed Zoning Regulation", and "Against Annexation and Adoption of Proposed Zoning Regulation", or words equivalent thereto in case the simultaneous adoption of a proposed zoning regulation is proposed, and in case the assumption of all or a portion of indebtedness is proposed, shall contain an appropriate, separate proposition for or against the portion of indebtedness that the city requires to be assumed. The notice shall be posted for at least two weeks prior to the date of election in four public places within the area proposed to be annexed and published at least once a week for two weeks prior to the date of election in a newspaper of general circulation within the limits of the territory proposed to be annexed. Such notice shall be in addition to the notice required by RCW 35A.29.140.

Sec. 15. Section 35A.14.160, chapter 119, Laws of 1967 ex. sess. as amended by section 8, chapter 251, Laws of 1971 ex. sess. and RCW 35A.14.160 are each amended to read as follows:

There is hereby established in each county of the state((~~, other than counties having a boundary review board as provided for in chapter 189, Laws of 1967 [chapter 36.93 RCW],~~)) a board to be known as the "annexation review board for the county of .......... (naming the county)", which shall be charged with the duty of reviewing proposals for annexation of unincorporated territory to charter code cities and noncharter code cities within its respective county; except that proposals within the provisions of RCW 35A.14.220 shall not be subject to the jurisdiction of such board.

((In all counties in which a boundary review board is established pursuant to chapter 189, Laws of 1967 [chapter 36.93 RCW] review of proposals for annexation of unincorporated territory to charter code cities and noncharter code cities within such counties shall be subject to chapter 189, Laws of 1967 [chapter 36.93 RCW]. Whenever any county establishes a boundary review board pursuant to chapter 189, Laws of 1967 [chapter 36.93 RCW] the provisions of this act relating to annexation review boards shall not be applicable.))

Except as provided above in this section, whenever one or more cities of a county shall have elected to be governed by this title by becoming a charter code city or noncharter code city, the governor shall, within forty-five days thereafter, appoint an annexation review board for such county consisting of five members appointed in the following manner:

Two members shall be selected independently by the governor. Three members shall be selected by the governor from the following sources: (1) One member shall be appointed from nominees of the individual members of the board of county commissioners; (2) one member shall be appointed from nominees of the individual mayors of charter code cities within such county; (3) one member shall be appointed from nominees of the individual mayors of noncharter code cities within such county.

Each source shall nominate at least two persons for an available position. In the event there are less than two nominees for any position, the governor may appoint the member for that position independently. If, at the time of appointment, there are within the county no cities of one of the classes named above as a nominating source, a position which would otherwise have been filled by nomination from such source shall be filled by independent appointment of the governor.

In making appointments independently and in making appointments from among nominees, the governor shall strive to appoint persons familiar with municipal government and administration by experience and/or training.

Sec. 16. Section 35A.14.220, chapter 119, Laws of 1967 ex. sess. as last amended by section 27, chapter 18, Laws of 1979 ex. sess. and RCW 35A.14.220 are each amended to read as follows:

Annexations under the provisions of RCW 35A.14.295, 35A.14.297, 35A.14.300, and 35A.14.310 shall not be subject to review by the annexation review board((~~: PROVIDED, That in any county in which a boundary review board is established under chapter 36.93 RCW all annexations shall be subject to review except as provided for in RCW 36.93.110~~)). When the area proposed for annexation in a petition or resolution, initiated and filed under any of the methods of initiating annexation authorized by this chapter, is less than fifty acres or less than two million dollars in assessed valuation, review procedures shall not be required as to such annexation proposal((~~, except as provided in chapter 36.93 RCW in those counties with a review board established pursuant to chapter 36.93 RCW~~)): PROVIDED, That when an annexation proposal is initiated by the direct petition method authorized by RCW 35A.14.120, review procedures shall not be required without regard to acreage or assessed valuation((~~, except as provided in chapter 36.93 RCW in those counties with a boundary review board established pursuant to chapter 36.93 RCW~~)).

Sec. 17. Section 35A.14.230, chapter 119, Laws of 1967 ex. sess. and RCW 35A.14.230 are each amended to read as follows:

After the filing of any petition or resolution for annexation or for an annexation election with the board of county commissioners, ((~~the boundary review board or~~)) the county annexation review board for the county or the legislative body of a code city and pending its final disposition as provided in this chapter, no other petition or resolution, or petition for incorporation, which embraces any of the territory included therein shall be acted upon by any public official or body that might otherwise be empowered to receive or act upon such a petition or resolution.

Sec. 18. Section 17, chapter 72, Laws of 1967 as amended by section 7, chapter 96, Laws of 1971 ex. sess. and RCW 36.94.170 are each amended to read as follows:

The primary authority to construct, operate and maintain a system of sewerage and/or water within the boundaries of a municipal corporation which lies within the area of the county's sewerage and/or water general plan shall remain with such municipal corporation. A county, after it has adopted and received the necessary approvals of its sewer and/or water general plan under the provisions of chapter 36.94 RCW may construct, own, operate and maintain a system of sewerage and/or water within the boundaries of a city or town with the written consent of such city or town and within any other municipal corporation provided such municipal corporation (1) has the legislative authority to operate such a utility; and (2) (a) has given its written consent to the county to operate therein; or (b) after adoption of a comprehensive plan or an amendment thereto for the area involved, the municipal corporation has not within twelve months after receiving notice by the county of its intention to serve that area held a formation hearing for a utility local improvement district.

Prior to exercising any authority granted in this section, the county shall compensate such municipal corporation for its reasonable costs, expenses and obligations actually incurred or contracted which are directly related to and which benefit the area which the county proposes to serve. The county may contract with a municipal corporation to furnish such utility service within any municipal corporation.

Except in the case of annexations provided for in RCW 36.94.180, once a county qualifies under this section to serve within a municipal corporation, no municipal corporation may construct or operate a competing utility in the same territory to be served by the county if the county proceeds within a reasonable period of time with the construction of its proposed facilities including the sale of any bonds to finance the same.

As may be permitted by other statutes, a city or town may provide water or sewer service outside of its corporate limits, but such service may not conflict with the county plan or any county, sewer or water facilities installed or being installed.

A county proposing to exercise any authority granted in this section shall give written notice of such intention to the municipal corporation involved ((~~and to the boundary review board, if any,~~)) of such county. ((Within sixty days of the filing of such notice of intention, review by the boundary review board of the proposed action may be requested as provided by the provisions of RCW 36.93.100 through 36.93.180. In the event of such review, the board shall consider the factors set forth in this section in addition to the factors and objectives set forth in RCW 36.93.170 and 36.93.180.))

Sec. 19. Section 7, chapter 243, Laws of 1971 ex. sess. and RCW 39.33.060 are each amended to read as follows:

Any governmental unit((~~, as defined in RCW 36.93.020(1) as it now exists or is hereafter amended,~~)) may convey its real or personal property or any interest or right therein to, or contract for the use of such property by, the county or park and recreation district wherein such property is located for park or recreational purposes, by private negotiation and upon such terms and with such consideration as might be mutually agreed to by such governmental unit and the board of county commissioners or the park and recreation district board of commissioners.

Sec. 20. Section 1, chapter 139, Laws of 1971 ex. sess. as amended by section 5, chapter 162, Laws of 1988 and RCW 56.02.060 are each amended to read as follows:

Notwithstanding any provision of law to the contrary, no sewer district shall be formed or reorganized under chapter 56.04 RCW, nor shall any sewer district annex territory under chapter 56.24 RCW, nor shall any sewer district withdraw territory under chapter 56.28 RCW, nor shall any sewer district consolidate or be merged under chapter 56.32 RCW, nor shall any water district be merged into a sewer district under chapter 56.36 RCW, unless such proposed action shall be approved as provided for in RCW 56.02.070.

The county legislative authority shall within thirty days after receiving notice of the proposed action, approve such action or hold a hearing on such action. In addition, a copy of such proposed action shall be mailed to the state department of ecology and to the state department of social and health services.

The county legislative authority shall decide within sixty days of a hearing whether to approve or not approve such proposed action. In approving or not approving the proposed action, the county legislative authority shall consider the following criteria:

(1) Whether the proposed action in the area under consideration is in compliance with the development program which is outlined in the county comprehensive plan and its supporting documents; and/or

(2) Whether the proposed action in the area under consideration is in compliance with the basinwide water and/or sewage plan as approved by the state department of ecology and the state department of social and health services; and/or

(3) Whether the proposed action is in compliance with the policies expressed in the county plan for water and/or sewage facilities.

If the proposed action is inconsistent with subsections (1), (2), or (3) of this section, the county legislative authority shall not approve it. If such action is consistent with all such subsections, the county legislative authority shall approve it unless it finds that utility service in the area under consideration will be most appropriately served by the county itself under the provisions of chapter 36.94 RCW, by a city, town, or municipality, or by another existing special purpose district rather than by the proposed action under consideration. If there has not been adopted for the area under consideration a plan under any one of subsections (1), (2) or (3) of this section, the proposed action shall not be found inconsistent with such subsection.

Where a sewer district is proposed to be formed, ((~~and where no boundary review board has been established,~~)) the petition described in RCW 56.04.030 shall serve as the notice of proposed action under this section, and the hearing provided for in RCW 56.04.040 shall serve as the hearing provided for in this section and in RCW 56.02.070.

Sec. 21. Section 3, chapter 139, Laws of 1971 ex. sess. as amended by section 6, chapter 162, Laws of 1988 and RCW 56.02.070 are each amended to read as follows:

((~~In any county where a boundary review board, as provided in chapter 36.93 RCW, has not been established,~~)) The approval of the proposed action shall be by the county legislative authority pursuant to RCW 56.02.060 and 57.02.040, and shall be final and the procedures required to adopt such proposed action shall be followed as provided by law.

((In any county where a boundary review board, as provided in chapter 36.93 RCW, has been established, notice of intention of the proposed action shall be filed with the board as required by RCW 36.93.090 and a copy thereof with the legislative authority. The latter shall transmit to the board a report of its approval or disapproval of the proposed action together with its findings and recommendations thereon under the provisions of RCW 56.02.060 and 57.02.040. If the county legislative authority has approved of the proposed action, such approval shall be final and the procedures required to adopt such proposal shall be followed as provided by law, unless the board reviews the action under the provisions of RCW 36.93.100 through 36.93.180. If the county legislative authority has not approved the proposed action, the board shall review the action under the provisions of RCW 36.93.150 through 36.93.180. Action of the board after review of the proposed action shall supersede approval or disapproval by the county legislative authority.))

Where a water or sewer district is proposed to be formed, ((~~and where no boundary review board has been established,~~)) the hearings provided for in RCW 56.04.040 and 57.04.030 shall serve as the hearing provided for in this section, in RCW 56.02.060, and in RCW 57.02.040.

Sec. 22. Section 3, chapter 148, Laws of 1969 ex. sess. as amended by section 7, chapter 146, Laws of 1971 ex. sess. and RCW 56.36.030 are each amended to read as follows:

Whenever a merger is initiated in any of the three ways provided in RCW 56.36.020, the boards of the sewer and water commissioners of the respective districts involved shall enter into an agreement providing for the merger. The agreement must be entered into within ninety days following completion of the last act required for initiation of the merger by any one of the means above specified, as provided in RCW 56.36.020. Where two or more water districts seek to merge into a sewer district at or about the same time, there need be but one agreement of merger signed by the sewer district and such two or more water districts if the parties so agree.

Upon entry of such agreement, the boards of the water and sewer commissioners shall file a notice of intention to merge ((~~together with a copy of said agreement with the boundary review board, if any, of the county and the board shall review the proposed merger under the provisions of RCW 36.93.150 through 36.93.180~~)).

The respective boards of sewer and water commissioners of such districts shall certify such agreement to the county auditor of the county in which the districts are located within twenty days from date of execution of such agreement, with a certified copy thereof filed with the clerk of the board of county commissioners of such county. Thereupon((~~, unless the boundary review board has disapproved the proposed merger,~~)) the county auditor shall call a special election for the purpose of submitting to the voters of the water district or of each of the two or more water districts involved the proposition of whether the water district shall be merged into the sewer district. Notice of the election shall be given, and the election conducted, in accordance with the general election laws.

Sec. 23. Section 2, chapter 139, Laws of 1971 ex. sess. as amended by section 7, chapter 162, Laws of 1988 and RCW 57.02.040 are each amended to read as follows:

Notwithstanding any provision of law to the contrary, no water district shall be formed or reorganized under chapter 57.04 RCW, nor shall any water district annex territory under chapter 57.24 RCW, nor shall any water district withdraw territory under chapter 57.28 RCW, nor shall any water district consolidate under chapter 57.32 RCW, nor shall any water district be merged under chapter 57.36 RCW, nor shall any sewer district be merged into a water district under chapter 57.40 RCW, unless such proposed action shall be approved as provided for in RCW 56.02.070.

The county legislative authority shall within thirty days of the date after receiving notice of the proposed action, approve such action or hold a hearing on such action. In addition, a copy of such proposed action shall be mailed to the state department of ecology and to the state department of social and health services.

(1) Whether the proposed action in the area under consideration is in compliance with the development program which is outlined in the county comprehensive plan and its supporting documents; and/or

(3) Whether the proposed action is in compliance with the policies expressed in the county plan for water and/or sewage facilities.

Where a water district is proposed to be formed, ((~~and where no boundary review board has been established,~~)) the petition described in RCW 57.04.030 shall serve as the notice of proposed action under this section, and the hearing provided for in RCW 57.04.030 shall serve as the hearing provided for in this section and in RCW 56.02.070.

Sec. 24. Section 3, chapter 146, Laws of 1971 ex. sess. and RCW 57.40.120 are each amended to read as follows:

Whenever a merger is initiated in any of the three ways provided in RCW 57.40.110, the boards of the water and sewer commissioners of the respective districts involved shall enter into an agreement providing for the merger. The agreement must be entered into within ninety days following completion of the last act required for initiation of the merger by any one of the means above specified, as provided in RCW 57.40.110. Where two or more sewer districts seek to merge into a water district at or about the same time, there need be but one agreement of merger signed by the water district and such two or more sewer districts if the parties so agree.

The respective boards of water and sewer commissioners of such districts shall certify such agreement to the county auditor of the county in which the districts are located within twenty days from date of execution of such agreement, with a certified copy thereof filed with the clerk of the board of county commissioners of such county. Thereupon((~~, unless the boundary review board has disapproved the proposed merger~~)) the county auditor shall call a special election for the purpose of submitting to the voters of the sewer district or of each of the two or more sewer districts involved the proposition of whether the sewer district shall be merged into the water district. Notice of the election shall be given, and the election conducted, in accordance with the general election laws.

NEW SECTION. Sec. 25. The following acts or parts of acts are each repealed:

(1) Section 1, chapter 189, Laws of 1967 RCW 36.93.010;

(2) Section 2, chapter 189, Laws of 1967, section 5, chapter 30, Laws of 1979 ex. sess. and RCW 36.93.020;

(3) Section 3, chapter 189, Laws of 1967, section 1, chapter 111, Laws of 1969 ex. sess. and RCW 36.93.030;

(4) Section 4, chapter 189, Laws of 1967 and RCW 36.93.040;

(5) Section 7, chapter 189, Laws of 1967, section 1, chapter 477, Laws of 1987 and RCW 36.93.070;

(6) Section 8, chapter 189, Laws of 1967, section 4, chapter 111, Laws of 1969 ex. sess., section 7, chapter 6, Laws of 1985 and RCW 36.93.080;

(7) Section 7, chapter 10, Laws of 1982, section 28, chapter 281, Laws of 1985, section 2, chapter 477, Laws of 1987 and RCW 36.93.090;

(8) Section 2, chapter 127, Laws of 1971 ex. sess. and RCW 36.93.093;

(9) Section 10, chapter 189, Laws of 1967, section 1, chapter 220, Laws of 1982, section 1, chapter 76, Laws of 1983, section 3, chapter 477, Laws of 1987, section 3, chapter 84, Laws of 1989 and RCW 36.93.100;

(10) Section 5, chapter 147, Laws of 1984, section 4, chapter 84, Laws of 1989 and RCW 36.93.105;

(11) Section 11, chapter 189, Laws of 1967, section 42, chapter 195, Laws of 1973 1st ex. sess., section 4, chapter 477, Laws of 1987 and RCW 36.93.110;

(12) Section 5, chapter 220, Laws of 1982 and RCW 36.93.115;

(13) Section 12, chapter 189, Laws of 1967, section 6, chapter 111, Laws of 1969 ex. sess., section 5, chapter 477, Laws of 1987 and RCW 36.93.120;

(14) Section 13, chapter 189, Laws of 1967, section 7, chapter 111, Laws of 1969 ex. sess., section 6, chapter 477, Laws of 1987 and RCW 36.93.130;

(15) Section 14, chapter 189, Laws of 1967 and RCW 36.93.140;

(16) Section 15, chapter 189, Laws of 1967, section 8, chapter 111, Laws of 1969 ex. sess., section 10, chapter 220, Laws of 1975 1st ex. sess., section 13, chapter 5, Laws of 1979 ex. sess., section 7, chapter 477, Laws of 1987 and RCW 36.93.150;

(17) Section 16, chapter 189, Laws of 1967, section 9, chapter 111, Laws of 1969 ex. sess., section 97, chapter 81, Laws of 1971, section 8, chapter 477, Laws of 1987, section 40, chapter 202, Laws of 1988 and RCW 36.93.160;

(18) Section 17, chapter 189, Laws of 1967, section 1, chapter 142, Laws of 1979 ex. sess., section 2, chapter 220, Laws of 1982, section 33, chapter 234, Laws of 1986, section 5, chapter 84, Laws of 1989 and RCW 36.93.170;

(19) Section 18, chapter 189, Laws of 1967, section 2, chapter 142, Laws of 1979 ex. sess., section 10, chapter 332, Laws of 1981, section 6, chapter 84, Laws of 1989 and RCW 36.93.180;

(20) Section 19, chapter 189, Laws of 1967 and RCW 36.93.190;

(21) Section 20, chapter 189, Laws of 1967 and RCW 36.93.200;

(22) Section 21, chapter 189, Laws of 1967 and RCW 36.93.210;

(23) Section 22, chapter 189, Laws of 1967 and RCW 36.93.220;

(24) Section 24, chapter 189, Laws of 1967 and RCW 36.93.900;

(25) Section 23, chapter 189, Laws of 1967 and RCW 36.93.910; and

(26) Section 10, chapter 111, Laws of 1969 ex. sess. and RCW 36.93.920.