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 chapter to Title 72 RCW; repealing RCW 72.02.180 and 72.02.190; 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, location, 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 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) The process should fairly and equitably designate sites for correctional facilities and require that permitting and appeal processes be expedited by the responsible state and local agencies.

(5) An expedited judicial review process is necessary to ensure timely resolution of disputes relating to the location and construction of correctional facilities and is critical to public safety.

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) "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.

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

(4) "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, the director of the department of general administration, and the director of the department of community development. The secretary of corrections shall not vote on matters pertaining to environmental analyses conducted by the department; and the director of community development shall not vote on matters pertaining to the agency's role pertaining to fire protection and safety, as described in section 11 of this act. The remaining four voting members shall be appointed by the governor. At least two of the remaining four voting 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 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 shall be ex officio members with a vote. The remaining voting members shall serve staggered four-year terms. Initially, two members shall be appointed to two-year terms and two 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 voting membership of the authority shall be divided to reflect the geographic distribution of the state. The governor shall attempt to include in the membership of the authority women and members of "protected groups" as that term is commonly understood.

(4) 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.

(5) 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.

(6) 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 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) Ascertain the areas and jurisdictions within which correctional facilities shall be located. In the case of regional jails established under RCW 72.64.100, the regions shall be set as required by chapter 70.48 RCW. The department, other state agencies, counties, cities, and political subdivisions in this state may propose areas and jurisdictions within which correctional facilities are desired;

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

(3) Identify and evaluate one or more sites within the areas and designate one site as the preferred alternative for purposes of the state environmental policy act. The department of corrections shall remain the lead agency for the conduct of environmental analyses and decision-making relative to the state environmental policy act;

(4) Review and approve the environmental analyses conducted by the department; and

(5) After consideration of the environmental analyses conducted by the department, select the specific site at which each correctional facility shall be constructed.

NEW SECTION. Sec. 5. (1) In selecting sites for consideration, the authority shall consider 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;

(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;

(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) In the case of regional jails, proximity to the participating jurisdictions within the region; and

(n) Such other criteria as the authority, in conjunction with the department and local governments, deems appropriate. Nothing in this chapter shall be construed to require the authority to locate in each county the same percentage of prison beds as the percentage of offenders that the county contributes to the state correctional system or to provide equal weight to its consideration of the criteria set forth in subsection (1) of this section.

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

(3) The authority shall provide notice regarding the sites under consideration to the locally elected officials within whose jurisdiction the proposed site is located.

(4) The authority shall hold at least one 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.

(5) Within sixty days after areas and jurisdictions have been proposed for consideration by the authority, the authority shall begin designating sites as the preferred alternatives for purposes of environmental analyses to be conducted by the department of corrections.

(6) Upon completion of the individual environmental analyses conducted by the department under the state environmental policy act, the authority shall hold a final public hearing to determine the adequacy of the environmental analyses, and shall select a specific site.

(7) The authority shall make written findings and conclusions as to site selection consistent with the requirements of this chapter. That decision and the administrative proceedings and hearings shall constitute the record of decision for purposes of judicial review.

(8) The decision of the authority shall bind the state and all counties, cities, and political subdivisions of this state with respect to approval of the final site selected and the construction of the correctional facility at such site. No local jurisdiction may bring a challenge to the final decision of the authority as to the location of a correctional facility.

NEW SECTION. Sec. 6. (1) Notwithstanding RCW 34.05.514, 43.21C.075, or any other law, jurisdiction for review of final decisions of the authority relating to the location of correctional facilities, including decisions regarding the environmental analyses, is conferred upon the supreme court.

(2) The review by the court shall be based upon the administrative record which shall consist of the record of decision and any relevant environmental documents with respect to the location of the facility and the adequacy of the environmental review. The authority's decision shall not be reversed unless it is arbitrary and capricious and contrary to law.

(3) Proceedings for review shall be instituted when any person or local government adversely affected files a petition with the supreme court that meets the following requirements:

(a) The petition shall be filed within twenty-one days of issuance of the decision on which the petition is based.

(b) The petition shall state the aspects of the decision the petitioner desires reviewed together with its accompanying environmental determination, in what manner the decision rejected the position raised by the petitioner, and shall, by supporting affidavit, state the facts showing how the petitioner is adversely affected.

(d) Within thirty days after service of the petition, the authority shall transmit to the supreme court the original or a certified copy of the entire record of decision. In the exercise of its discretion, the supreme court shall attempt to expedite its review and resolution of the issues presented by the petition consistent with the expressed intent of this chapter.

NEW SECTION. Sec. 7. 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 the construction and/or operation of 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. 8. Whenever it becomes necessary to acquire private property for the expansion and construction of any correctional facilities, and the property cannot be acquired by agreement satisfactory to the department and the parties interested in, or the owners of, the property, the authority may exercise the power of eminent domain and proceed to condemn the property in the same manner as provided by law for the condemnation of property by the state.

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, 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 another time frame is determined appropriate by the authority. Approval of applications shall not be unreasonably withheld. Denials of applications shall be sufficiently detailed to allow review by the correctional facilities siting authority and the supreme court. 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 decisions of the correctional facilities siting authority or the department, no court shall enjoin the siting or construction of a correctional facility. Court proceedings necessary for the department to proceed in the construction or expansion of correctional facilities shall take precedence over all other causes not involving the public interest to the end that the construction and/or expansion of correctional facilities may be expedited.

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) 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 6 of this act shall apply to review of correctional facilities siting authority decisions relating to the site selection process and actions or decisions taken under section 5 of this act.

NEW SECTION. Sec. 14. Insofar as the provisions of this chapter are inconsistent with the provisions of any other law, general, special, or local, the provisions of this chapter are controlling.

NEW SECTION. Sec. 15. 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. 16. The following acts or parts of acts are each repealed:

(1) Section 109, chapter 136, Laws of 1981, section 2, chapter 350, Laws of 1985, section 4, chapter 143, Laws of 1988 and RCW 72.02.180; and

(2) Section 14, chapter 143, Laws of 1988 and RCW 72.02.190.

NEW SECTION. Sec. 17. Sections 1 through 9, 14, and 15 of this act shall constitute a new chapter in Title 72 RCW.

NEW SECTION. Sec. 18. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.