[atlas:bill]

AN ACT Relating to affordable housing opportunities; amending RCW 36.70A.215; creating a new section; and providing an effective date.

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

Sec. 1. RCW 36.70A.215 and 1997 c 429 s 25 are each amended to read as follows:

(1) Subject to the limitations in subsection ((~~(7)~~)) (8) of this section, a county shall adopt, in consultation with its cities, countywide planning policies to establish a review and evaluation program. This program shall be in addition to the requirements of RCW 36.70A.110, 36.70A.130, and 36.70A.210. In developing and implementing the review and evaluation program required by this section, the county and its cities shall consider information from other appropriate jurisdictions and sources. The purpose of the review and evaluation program shall be to:

(a) Determine whether a county and its cities are achieving urban densities within urban growth areas by comparing growth and development assumptions, targets, and objectives contained in the countywide planning policies and the county and city comprehensive plans with actual growth and development that has occurred in the county and its cities; and

(b) Identify and adopt reasonable measures, other than adjusting urban growth areas, that will be taken to comply with the requirements of this chapter, which are sufficient to accommodate residential and nonresidential growth.

(2) The review and evaluation program shall:

(a) Encompass land uses and activities both within and outside of urban growth areas and provide for annual collection and reporting of data to the county on urban and rural land uses, development, critical areas, and capital facilities to the extent necessary to determine the quantity and type of land suitable for development, both for residential and employment-based activities;

(b) Provide for evaluation of the data collected under (a) of this subsection every five years as provided in subsection (3) of this section. The first evaluation shall be completed not later than September 1, 2002. The county and its cities may establish in the countywide planning policies indicators, benchmarks, and other similar criteria to use in conducting the evaluation;

(c) Provide for methods to resolve disputes among jurisdictions relating to the countywide planning policies required by this section and procedures to resolve inconsistencies in collection and analysis of data; and

(d) Provide for the amendment of the countywide policies and county and city comprehensive plans and development regulations as needed to remedy an inconsistency identified through the evaluation required by this section, or to bring these policies into compliance with the requirements of this chapter.

(3) At a minimum, the evaluation component of the program required by subsection (1) of this section shall:

(a) Require a joint report from each county and its cities regarding regional growth patterns, trends, comparing employment, housing growth, and market conditions; and compiling data on new development. The report shall:

(i) Evaluate whether or not the zoning and development regulations allow development at the densities sufficient to accommodate the adopted population and employment projections;

(ii) Highlight the reasons for the difference between the planned outcomes and actual performance, such as market and other factors affecting the achievement of planned outcomes; and

(iii) Indicate reasonable and appropriate actions adopted to encourage growth to occur sufficient to accommodate residential and nonresidential needs;

(b) Determine whether there is sufficient land suitable ((~~land~~)) for development to accommodate the countywide population projection established for the county pursuant to RCW 43.62.035 and the subsequent population allocations within the county and between the county and its cities and the requirements of RCW 36.70A.110;

((~~(b)~~)) (c) Determine the net number and types of new residential dwelling units; the actual density of housing that has been constructed ((~~and~~)); the square footage of new nonresidential development permitted; the actual amount of land developed for commercial and industrial uses; the estimated net number of new jobs created countywide; and the amount of known environmentally sensitive land and lands that cannot be built upon within the urban growth area since the adoption of a comprehensive plan under this chapter or since the last periodic evaluation as required by subsection (1) of this section; and

((~~(c)~~)) (d) Based on the actual density of development as determined under ((~~(b)~~)) (c) of this subsection, review commercial, industrial, and housing needs by type and density range to determine the amount of land needed for commercial, industrial, and housing for the remaining portion of the twenty-year planning period used in the most recently adopted comprehensive plan.

(4) If the evaluation required by subsection (3) of this section demonstrates an inconsistency between what has occurred since the adoption of the countywide planning policies and the county and city comprehensive plans and development regulations and what was envisioned in those policies and plans and the planning goals and the requirements of this chapter, as the inconsistency relates to the evaluation factors specified in subsection (3) of this section((~~, the county and its cities~~)); or demonstrates that the county or any city is not achieving the land use designations and densities planned for the jurisdiction in its comprehensive plan based on the evaluation factors specified in subsection (3) of this section, the county or city shall identify and adopt reasonable measures in order to accommodate the demand for residential units and nonresidential growth during the subsequent five-year period.

(a) If actions to achieve consistency are necessary, the county or city shall revise its comprehensive land use plan and development or other regulations, or take other actions necessary to increase consistency, and ensure sufficient land suitable for development with applicable development regulations to accommodate projected residential units necessary for population growth, and achieved densities projected for the jurisdiction in the countywide planning policy and its comprehensive plan. The county or city shall adopt and implement appropriate measures within one year of conducting the evaluation under this section that are reasonably likely to increase consistency during the subsequent five-year period. If necessary, a county, in consultation with its cities as required by RCW 36.70A.210, shall adopt amendments to countywide planning policies to increase consistency. The county and its cities shall annually monitor the measures adopted under this subsection to determine their effect and may revise or rescind them as appropriate.

(b) A county or city adopting actions shall, at a minimum, demonstrate that it has considered whether the urban land designated for residential and nonresidential uses is zoned at density ranges with applicable development regulations that are reasonably likely to be achieved by the market.

(i) Incentives to encourage new development consistent with the local plan;

(ii) Funding of infrastructure and amenities to attract development;

(iii) Changes in land use regulations and zoning designations for land within the boundaries of the jurisdiction in a manner that encourages development to occur at densities sufficient to accommodate projected residential and nonresidential growth;

(iv) Outreach programs to encourage developers to build the type of development sought in the jurisdiction's plan or development regulations; and

(v) Improved procedures to reduce the time it takes the jurisdiction to issue permits.

(5) Countywide planning policies may include additional incentive provisions and enforcement measures to accommodate growth and achieve goals.

(6)(a) Not later than July 1, 1998, the department shall prepare a list of methods used by counties and cities in carrying out the types of activities required by this section. The department shall provide this information and appropriate technical assistance to counties and cities required to or choosing to comply with the provisions of this section.

(b) By December 31, ((~~2007~~)) 2003 and 2008, the department shall submit to the appropriate committees of the legislature a report analyzing the effectiveness of the activities described and measures taken by the counties and cities in this section in achieving the goals envisioned by the countywide planning policies and the comprehensive plans and development regulations of the counties and cities.

((~~(6)~~)) (7) From funds appropriated by the legislature for this purpose, the department shall provide grants to counties, cities, and regional planning organizations required under subsection ((~~(7)~~)) (8) of this section to conduct the review and perform the evaluation required by this section.

((~~(7)~~)) (8) The provisions of this section shall apply to counties, and the cities within those counties, that were greater than one hundred fifty thousand in population in 1995 as determined by office of financial management population estimates and that are located west of the crest of the Cascade mountain range. Any other county planning under RCW 36.70A.040 may carry out the review, evaluation, and amendment programs and procedures as provided in this section.

(9) Unless the context clearly requires otherwise, the definitions in this subsection apply throughout this section.

(a) "Land suitable for development" means all vacant, partially used, and underutilized parcels that are: (i) Designated for commercial, industrial, or residential use; (ii) not intended for public use; and (iii) not constrained by critical areas in a way that limits development potential and makes new construction on a parcel unfeasible.

(b) "Performance measures" required under RCW 36.70A.210(3) means an indicator providing consistent and reliable information over time to help gauge how a jurisdiction is achieving specified performance results. "Indicator" means a quantifiable measurement or index.

NEW SECTION. Sec. 2. Section 1 of this act takes effect September 1, 2002.

NEW SECTION. Sec. 3. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2002, in the omnibus appropriations act, this act is null and void.