BILL REQ. #:  H-3616.2 

Prefiled 1/9/2004. Read first time 01/12/2004.   Referred to Committee on Local Government.

     AN ACT Relating to the extension or expansion of urban governmental services when necessary to protect basic public health, safety, and the environment; amending RCW 36.70A.110; creating a new section; and providing an expiration date.

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

NEW SECTION.  Sec. 1   The legislature recognizes that the Washington state supreme court held in Thurston County v. Western Washington Growth Management Hearings Board, 148 Wn.2d 1 (2002), that a more restrictive interpretation of the term "necessary" is appropriate and consistent with the legislative policy of the growth management act when interpreting a provision that specifies, in part, that urban governmental services may only be extended or expanded in rural areas in those limited circumstances shown to be necessary to protect basic public health and safety and the environment. The legislature also recognizes that appropriate extensions or expansions of urban governmental services must be financially supportable and must not permit urban development.
     The legislature further recognizes that coordinated planning and growth, including appropriate and locally approved extensions or expansions of urban governmental services, are in the public interest and are consistent with stated policy goals of citizen participation and protecting basic public health, safety, and the environment.
     The legislature, therefore, intends to provide new policy guidance and mechanisms by which, for a specified amount of time, urban governmental services may be appropriately extended or expanded in response to local level actions and consent.

Sec. 2   RCW 36.70A.110 and 2003 c 299 s 5 are each amended to read as follows:
     (1) Each county that is required or chooses to plan under RCW 36.70A.040 shall designate an urban growth area or areas within which urban growth shall be encouraged and outside of which growth can occur only if it is not urban in nature. Each city that is located in such a county shall be included within an urban growth area. An urban growth area may include more than a single city. An urban growth area may include territory that is located outside of a city only if such territory already is characterized by urban growth whether or not the urban growth area includes a city, or is adjacent to territory already characterized by urban growth, or is a designated new fully contained community as defined by RCW 36.70A.350.
     (2) Based upon the growth management population projection made for the county by the office of financial management, the county and each city within the county shall include areas and densities sufficient to permit the urban growth that is projected to occur in the county or city for the succeeding twenty-year period. Each urban growth area shall permit urban densities and shall include greenbelt and open space areas. An urban growth area determination may include a reasonable land market supply factor and shall permit a range of urban densities and uses. In determining this market factor, cities and counties may consider local circumstances. Cities and counties have discretion in their comprehensive plans to make many choices about accommodating growth.
     Within one year of July 1, 1990, each county that as of June 1, 1991, was required or chose to plan under RCW 36.70A.040, shall begin consulting with each city located within its boundaries and each city shall propose the location of an urban growth area. Within sixty days of the date the county legislative authority of a county adopts its resolution of intention or of certification by the office of financial management, all other counties that are required or choose to plan under RCW 36.70A.040 shall begin this consultation with each city located within its boundaries. The county shall attempt to reach agreement with each city on the location of an urban growth area within which the city is located. If such an agreement is not reached with each city located within the urban growth area, the county shall justify in writing why it so designated the area an urban growth area. A city may object formally with the department over the designation of the urban growth area within which it is located. Where appropriate, the department shall attempt to resolve the conflicts, including the use of mediation services.
     (3) Urban growth should be located first in areas already characterized by urban growth that have adequate existing public facility and service capacities to serve such development, second in areas already characterized by urban growth that will be served adequately by a combination of both existing public facilities and services and any additional needed public facilities and services that are provided by either public or private sources, and third in the remaining portions of the urban growth areas. Urban growth may also be located in designated new fully contained communities as defined by RCW 36.70A.350.
     (4)(a) In general, cities are the units of local government most appropriate to provide urban governmental services. In general, it is not appropriate that urban governmental services be extended to or expanded in rural areas except as follows:
     (i) In those limited circumstances shown to be necessary to protect basic public health and safety and the environment ((and));
     (ii) When such services are financially supportable at rural densities; and
     (iii) When such services do not permit urban development.
     (b)(i) For the purposes of this subsection (4), circumstances shall be deemed as necessary to protect basic public health and safety and the environment upon compliance with one or more of the following:
     (A) The issuance of findings by a local health officer specifying the necessity for the urban governmental service extension or expansion and approval of a concurring vote by the majority of the local board of health;
     (B) The filing of a sufficient petition with the county legislative authority specifying the necessity for the urban governmental service extension or expansion signed by the owners of not less than ten percent of the acreage in the area proposed for the service extension or expansion and approval of a concurring resolution by the county legislative authority;
     (C) The certification of an election in the area proposed for the urban governmental service extension or expansion conducted according to the general election laws of the state whereby a majority of the voters casting ballots on a ballot measure to allow the service extension or expansion in the subject area approve the measure; or
     (D) The approval of a resolution allowing an urban governmental service extension or expansion in the subject area by the county legislative authority.
     (ii) In accordance with the provisions of this subsection (4), any urban governmental service extensions or expansions deemed as necessary to protect basic public health and safety and the environment shall not be considered urban growth or development and shall be considered in compliance with the requirements of (a)(iii) of this subsection.
     (iii) This subsection (4)(b) shall expire December 31, 2010.
     (5) On or before October 1, 1993, each county that was initially required to plan under RCW 36.70A.040(1) shall adopt development regulations designating interim urban growth areas under this chapter. Within three years and three months of the date the county legislative authority of a county adopts its resolution of intention or of certification by the office of financial management, all other counties that are required or choose to plan under RCW 36.70A.040 shall adopt development regulations designating interim urban growth areas under this chapter. Adoption of the interim urban growth areas may only occur after public notice; public hearing; and compliance with the state environmental policy act, chapter 43.21C RCW, and RCW 36.70A.110. Such action may be appealed to the appropriate growth management hearings board under RCW 36.70A.280. Final urban growth areas shall be adopted at the time of comprehensive plan adoption under this chapter.
     (6) Each county shall include designations of urban growth areas in its comprehensive plan.
     (7) An urban growth area designated in accordance with this section may include within its boundaries urban service areas or potential annexation areas designated for specific cities or towns within the county.