BP BHEAD INT H

AN ACT Relating to fire protection district annexation; amending RCW 36.93.105 and 52.04.001; and adding new sections to chapter 52.04 RCW.

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

NEW SECTION. Sec. 1. The commissioners of one or more fire protection districts within a county may petition the legislative authority of that county to proceed under this chapter to annex unincorporated service areas.

(1) Upon receipt of a petition from the commissioners of one or more fire protection districts, the legislative authority shall hold a public hearing to determine whether the county should allow the annexation of unincorporated service areas into adjoining fire protection districts pursuant to this chapter. The public hearing shall be held following at least fourteen days' prior notice in a newspaper of general circulation throughout the county.

(2) "Unincorporated service area" means an area that is partially or wholly surrounded by a fire protection district and receives services from the fire protection district.

NEW SECTION. Sec. 2. The county legislative authority shall hear from all interested parties, including the commissioners of the fire protection districts, or their representatives, as to the need to allow annexation of unincorporated service areas. Before finding that the annexation of unincorporated service areas should proceed under this chapter, the legislative authority must find that traditional methods of annexation have proved ineffective, and that no other viable means of providing continuing service to the unincorporated service areas exist.

NEW SECTION. Sec. 3. (1) If the county legislative authority finds sufficient evidence of a need to proceed with annexations of unincorporated service areas within the county, it may pass an ordinance allowing such annexations to proceed under this chapter. In making its decision, the county legislative authority may limit the ability to proceed under this chapter to certain designated portions of the county, or may allow annexation to proceed throughout the county.

(2) If the legislative authority enacts an ordinance allowing annexation to proceed under this chapter, the ordinance must establish a commission comprised of the affected fire protection districts that will meet and determine the proper boundaries of the affected fire protection districts, and allow for annexation of unincorporated service areas.

NEW SECTION. Sec. 4. (1) The commission shall produce a report and map showing the areas to be annexed under this chapter, and present the map and report to the county legislative authority within thirty days of the passage of the ordinance allowing annexation to proceed under this chapter.

(2) Upon presentation of the report from the commission, the legislative authority may approve the report and map, make modifications, or request the commission to revise the map and report in accordance with specific, stated objectives.

(3) The commission may reconvene only if the legislative authority directs the commission to review the report and map, and may make such modifications as requested by the legislative authority.

(4) Following approval of the report and map produced by the commission, annexation of the unincorporated service areas as designated shall become final and notification shall be sent to all property owners within the unincorporated service areas. Maps shall be provided to the county auditor and the county assessor.

Sec. 5. RCW 36.93.105 and 1989 c 84 s 4 are each amended to read as follows:

The following actions shall not be subject to potential review by a boundary review board:

(1) Annexations of territory to a water or sewer district pursuant to RCW 36.94.410 through 36.94.440;

(2) Revisions of city or town boundaries pursuant to RCW 35.21.790 or 35A.21.210;

(3) Adjustments to city or town boundaries pursuant to RCW 35.13.340; ((~~and~~))

(4) Adjustments to city and town boundaries pursuant to RCW 35.13.300 through 35.13.330; and

(5) Annexations of unincorporated service areas to fire protection districts under sections 1 through 4 of this act.

Sec. 6. RCW 52.04.001 and 1989 c 84 s 42 are each amended to read as follows:

Except under sections 1 through 4 of this act, actions taken under chapter 52.04 RCW may be subject to potential review by a boundary review board under chapter 36.93 RCW.

NEW SECTION. Sec. 7. Sections 1 through 4 of this act are each added to chapter 52.04 RCW.