1769-S AMH ROME MORE 54

SHB 1769 - H AMD 0256 ADOPTED 3-17-03

By Representative Romero

   On page 1, after line 4, insert the following:

   "NEW SECTION. Sec. 1. (1) The legislature finds that the shoreline management act and the shoreline master program guidelines implementing the policy of the shoreline management act are vital to the protection and preservation of Washington’s shorelines. The legislature recognizes that in November 2000, the department of ecology comprehensively updated the guidelines for the first time since 1972. The legislature also recognizes that these guidelines were challenged and subsequently invalidated by the shoreline hearings board. The legislature finds that the mediation occurring among a wide range of parties resulted in an agreement for development of new shoreline master program guidelines for the state.

   (2) The legislature recognizes that the process of developing and amending shoreline master programs requires substantial effort and coordination by local governments. To assist local governments in completing this process, the legislature intends to establish a staggered schedule for cities and counties to develop and amend master programs consistent with existing timelines for reviews and amendments of comprehensive plans and development regulations. The legislature also recognizes that several local governments have volunteered to comply with the provisions of this act before the newly established schedule and intends to reflect this in the schedule that is established by RCW 90.58.080.

   (3) The legislature also intends to provide reasonable and adequate funding for grants to local governments to accomplish the task of reviewing and revising their shoreline master programs. If the legislature in the future does not provide funding in any one biennium sufficient for reasonable and adequate grant funds, the legislature acknowledges that this may result in delaying the compliance date until the following biennium.

   Sec. 2. RCW 90.58.060 and 1995 c 347 s 304 are each amended to read as follows:

    (1) The department shall periodically review and adopt guidelines consistent with RCW 90.58.020, containing the elements specified in RCW 90.58.100 for:

   (a) Development of master programs for regulation of the uses of shorelines; and

   (b) Development of master programs for regulation of the uses of shorelines of statewide significance.

   (2) Before adopting or amending guidelines under this section, the department shall provide an opportunity for public review and comment as follows:

   (a) The department shall mail copies of the proposal to all cities, counties, and federally recognized Indian tribes, and to any other person who has requested a copy, and shall publish the proposed guidelines in the Washington state register. Comments shall be submitted in writing to the department within sixty days from the date the proposal has been published in the register.

   (b) The department shall hold at least four public hearings on the proposal in different locations throughout the state to provide a reasonable opportunity for residents in all parts of the state to present statements and views on the proposed guidelines. Notice of the hearings shall be published at least once in each of the three weeks immediately preceding the hearing in one or more newspapers of general circulation in each county of the state. If an amendment to the guidelines addresses an issue limited to one geographic area, the number and location of hearings may be adjusted consistent with the intent of this subsection to assure all parties a reasonable opportunity to comment on the proposed amendment. The department shall accept written comments on the proposal during the sixty-day public comment period and for seven days after the final public hearing.

   (c) At the conclusion of the public comment period, the department shall review the comments received and modify the proposal consistent with the provisions of this chapter. The proposal shall then be published for adoption pursuant to the provisions of chapter 34.05 RCW.

   (3) The department may ((propose)) adopt amendments to the guidelines not more than once each year. Such amendments shall be limited to: (a) addressing technical or procedural issues that result from the review and adoption of master programs under the guidelines; or (b) issues of guideline compliance with statutory provisions. ((At least once every five years)) Beginning July 1, 2015, and every seven years thereafter, the department shall conduct a review of the guidelines pursuant to the procedures outlined in subsection (2) of this section."

Renumber the sections consecutively and correct any internal references accordingly.

Correct the title.

   On page 1, line 12, after "(2)" strike all material through "so" on page 3, line 6, and insert the following:

   "(a) Subject to the provisions of subsections (5) and (6) of this section, each local government subject to this chapter shall develop or amend its master program for the regulation of uses of shorelines within its jurisdiction according to the following schedule:

   (i) On or before December 1, 2005, for the city of Tacoma, the city of Port Townsend, the city of Bellingham, the city of Everett, and Whatcom county; and

   (ii) On or before December 1, 2009, for King county and the cities within King county greater in population than ten thousand;

   (iii) Except as provided by (i) and (ii) of this subsection, on or before December 1, 2011, for Clallam, Clark, Jefferson, King, Kitsap, Pierce, Snohomish, Thurston, and Whatcom counties and the cities within those counties;

   (iv) On or before December 1, 2012, for Cowlitz, Island, Lewis, Mason, San Juan, Skagit, and Skamania counties and the cities within those counties;

   (v) On or before December 1, 2013, for Benton, Chelan, Douglas, Grant, Kittitas, Spokane, and Yakima counties and the cities within those counties; and

   (vi) On or before December 1, 2014, for Adams, Asotin, Columbia, Ferry, Franklin, Garfield, Grays Harbor, Klickitat, Lincoln, Okanogan, Pacific, Pend Oreille, Stevens, Wahkiakum, Walla Walla, and Whitman counties and the cities within those counties.

   (b) Nothing in this subsection shall preclude a local government from developing or amending its master program prior to the dates established by this subsection (2).

   (3)(a) Following approval by the department of a new or amended master program, local governments required to develop or amend master programs on or before December 1, 2009, as provided by subsections (2)(a)(i) and (ii) of this section, shall be deemed to have complied with the schedule established by subsection (2)(a)(iii) of this section and shall not be required to complete master program amendments until seven years after the applicable dates established by subsection (2)(a)(iii) of this section. Any jurisdiction listed in subsection (2)(a)(i) of this section that has a new or amended master program approved by the department on or after March 1, 2002, but before the effective date of this section, shall not be required to complete master program amendments until seven years after the applicable date provided by subsection (2)(a)(iii) of this section.

   (b) Following approval by the department of a new or amended master program, local governments choosing to develop or amend master programs on or before December 1, 2009, shall be deemed to have complied with the schedule established by subsections (2)(a)(iii) through (vi) of this section and shall not be required to complete master program amendments until seven years after the applicable dates established by subsections (2)(a)(iii) through (vi) of this section.

   (4) Local governments shall conduct a comprehensive review of their master programs at least once every seven years after the applicable dates established by subsections (2)(a)(iii) through (vi) of this section. Following the review required by this subsection (4), local governments shall, as necessary, revise their master programs. The purpose of the review and revision is:

   (a) To assure that the master program complies with applicable law and guidelines in effect at the time of the review; and

   (b) To assure consistency of the master program with the local government's comprehensive plan and development regulations adopted under chapter RCW 36.70A RCW, if applicable, and other local requirements.

   (5) Local governments are encouraged to begin the process of developing or amending their master programs early and are eligible for grants from the department as provided by RCW 90.58.250, subject to available funding. Except for those local governments listed in subsections (2)(a)(i) and (ii) of this section, the deadline for completion of the new or amended master programs shall be two years after the date the grant is approved by the department. Subsequent master program review dates shall not be altered by the provisions of this subsection.

   (6)(a) Grants to local governments for developing and amending master programs pursuant to the schedule established by this section shall be provided at least two years before the adoption dates specified in subsection (2) of this section. To the extent possible, the department shall allocate grants within the amount appropriated for such purposes to provide reasonable and adequate funding to local governments that have indicated their intent to develop or amend master programs during the biennium according to the schedule established by subsection (2) of this section. Any local government that applies for but does not receive funding to comply with the provisions of subsection (2) of this section may delay the development or amendment of its master program until the following biennium.

   (b) Local governments with delayed compliance dates as provided in subsection (6)(a) of this section shall be the first priority for funding in subsequent biennia, and the development or amendment compliance deadline for those local governments shall be two years after the date of grant approval.

   (c) Failure of the local government to apply in a timely manner for a master program development or amendment grant in accordance with the requirements of the department shall not be considered a delay resulting from the provisions of subsection (6)(a) of this section.

   (7) Notwithstanding the provisions of this section, all local governments subject to the requirements of this chapter that have not developed or amended master programs on or after March 1, 2002, shall, no later than December 1, 2014, develop or amend their master programs to comply with guidelines adopted by the department after January 1, 2003"

   On page 3, at the beginning of line 9, insert the following:

   "(1) The legislature intends to eliminate the limits on state funding of shoreline master program development and amendment costs. The legislature further intends that the state will provide funding to local governments that is reasonable and adequate to accomplish the costs of developing and amending shoreline master programs consistent with the schedule established by section 2 of this act. Except as specifically described herein, nothing in this act is intended to alter the existing obligation, duties, and benefits provided by the act to local governments and the department.

   (2)"

   On page 3, line 12, after "programs" insert "and the provisions of section 2 (7) of this act"

EFFECT: (1) Establishes a statutory schedule for the development, amendment, and review of shoreline master programs by local governments. (2) Specifies grant funding provisions, including that grant funds from the Department of Ecology (DOE) for developing and amending master programs must be provided to local governments at least two years before the dates established by the statutory schedule. (3) Specifies delayed compliance provisions, establishing criteria for delaying master program development or amendment until the following biennium. (4) Allows the DOE to adopt technical, procedural and statutory compliance amendments to Shoreline Master Program Guidelines (Guidelines) not more than once each year. (5) Requires the DOE to conduct a review of the Guidelines beginning July 1, 2015, and every seven years thereafter. (6) Includes legislative intent.