ESHB 2171 -
By Senators Berkey, Kastama
ADOPTED 04/12/2005
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 The legislature recognizes the importance
of appropriate and meaningful land use measures and that such measures
are critical to preserving and fostering the quality of life enjoyed by
Washingtonians. The legislature recognizes also that the growth
management act requires counties and cities to review and, if needed,
revise their comprehensive plans and development regulations on a
cyclical basis. These requirements, which often require significant
compliance efforts by local governments are, in part, an acknowledgment
of the continual changes that occur within the state, and the need to
ensure that land use measures reflect the collective wishes of its
citizenry.
The legislature acknowledges that only those jurisdictions in
compliance with the review and revision schedules of the growth
management act are eligible to receive funds from the public works
assistance and water quality accounts in the state treasury. The
legislature further recognizes that some jurisdictions that are not yet
in compliance with these review and revision schedules have
demonstrated substantial progress towards compliance.
The legislature, therefore, intends to grant jurisdictions that are
not in compliance with requirements for development regulations that
protect critical areas, but are demonstrating substantial progress
towards compliance with these requirements, twelve months of additional
eligibility to receive grants, loans, pledges, or financial guarantees
from the public works assistance and water quality accounts in the
state treasury. The legislature intends to specify, however, that only
counties and cities in compliance with the review and revision
schedules of the growth management act may receive preference for
financial assistance from these accounts.
Sec. 2 RCW 36.70A.130 and 2002 c 320 s 1 are each amended to read
as follows:
(1)(a) Each comprehensive land use plan and development regulations
shall be subject to continuing review and evaluation by the county or
city that adopted them. Except as otherwise provided, a county or city
shall take legislative action to review and, if needed, revise its
comprehensive land use plan and development regulations to ensure the
plan and regulations comply with the requirements of this chapter
according to the time periods specified in subsection (4) of this
section.
(b) Except as otherwise provided, a county or city not planning
under RCW 36.70A.040 shall take action to review and, if needed, revise
its policies and development regulations regarding critical areas and
natural resource lands adopted according to this chapter to ensure
these policies and regulations comply with the requirements of this
chapter according to the time periods specified in subsection (4) of
this section. Legislative action means the adoption of a resolution or
ordinance following notice and a public hearing indicating at a
minimum, a finding that a review and evaluation has occurred and
identifying the revisions made, or that a revision was not needed and
the reasons ((therefore)) therefor.
(c) The review and evaluation required by this subsection may be
combined with the review required by subsection (3) of this section.
The review and evaluation required by this subsection shall include,
but is not limited to, consideration of critical area ordinances and,
if planning under RCW 36.70A.040, an analysis of the population
allocated to a city or county from the most recent ten-year population
forecast by the office of financial management.
(((b))) (d) Any amendment of or revision to a comprehensive land
use plan shall conform to this chapter. Any amendment of or revision
to development regulations shall be consistent with and implement the
comprehensive plan.
(2)(a) Each county and city shall establish and broadly disseminate
to the public a public participation program consistent with RCW
36.70A.035 and 36.70A.140 that identifies procedures and schedules
whereby updates, proposed amendments, or revisions of the comprehensive
plan are considered by the governing body of the county or city no more
frequently than once every year. "Updates" means to review and revise,
if needed, according to subsection (1) of this section, and the time
periods specified in subsection (4) of this section or in accordance
with the provisions of subsection (8) of this section. Amendments may
be considered more frequently than once per year under the following
circumstances:
(i) The initial adoption of a subarea plan that does not modify the
comprehensive plan policies and designations applicable to the subarea;
(ii) The adoption or amendment of a shoreline master program under
the procedures set forth in chapter 90.58 RCW; and
(iii) The amendment of the capital facilities element of a
comprehensive plan that occurs concurrently with the adoption or
amendment of a county or city budget.
(b) Except as otherwise provided in (a) of this subsection, all
proposals shall be considered by the governing body concurrently so the
cumulative effect of the various proposals can be ascertained.
However, after appropriate public participation a county or city may
adopt amendments or revisions to its comprehensive plan that conform
with this chapter whenever an emergency exists or to resolve an appeal
of a comprehensive plan filed with a growth management hearings board
or with the court.
(3)(a) Each county that designates urban growth areas under RCW
36.70A.110 shall review, at least every ten years, its designated urban
growth area or areas, and the densities permitted within both the
incorporated and unincorporated portions of each urban growth area. In
conjunction with this review by the county, each city located within an
urban growth area shall review the densities permitted within its
boundaries, and the extent to which the urban growth occurring within
the county has located within each city and the unincorporated portions
of the urban growth areas.
(b) The county comprehensive plan designating urban growth areas,
and the densities permitted in the urban growth areas by the
comprehensive plans of the county and each city located within the
urban growth areas, shall be revised to accommodate the urban growth
projected to occur in the county for the succeeding twenty-year period.
The review required by this subsection may be combined with the review
and evaluation required by RCW 36.70A.215.
(4) The department shall establish a schedule for counties and
cities to take action to review and, if needed, revise their
comprehensive plans and development regulations to ensure the plan and
regulations comply with the requirements of this chapter. Except as
provided in subsection (8) of this section, the schedule established by
the department shall provide for the reviews and evaluations to be
completed as follows:
(a) On or before December 1, 2004, and every seven years
thereafter, for Clallam, Clark, Jefferson, King, Kitsap, Pierce,
Snohomish, Thurston, and Whatcom counties and the cities within those
counties;
(b) On or before December 1, 2005, and every seven years
thereafter, for Cowlitz, Island, Lewis, Mason, San Juan, Skagit, and
Skamania counties and the cities within those counties;
(c) On or before December 1, 2006, and every seven years
thereafter, for Benton, Chelan, Douglas, Grant, Kittitas, Spokane, and
Yakima counties and the cities within those counties; and
(d) On or before December 1, 2007, and every seven years
thereafter, 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.
(5)(a) Nothing in this section precludes a county or city from
conducting the review and evaluation required by this section before
the time limits established in subsection (4) of this section.
Counties and cities may begin this process early and may be eligible
for grants from the department, subject to available funding, if they
elect to do so.
(b) State agencies are encouraged to provide technical assistance
to the counties and cities in the review of critical area ordinances,
comprehensive plans, and development regulations.
(6) A county or city subject to the time periods in subsection
(4)(a) of this section that, pursuant to an ordinance adopted by the
county or city establishing a schedule for periodic review of its
comprehensive plan and development regulations, has conducted a review
and evaluation of its comprehensive plan and development regulations
and, on or after January 1, 2001, has taken action in response to that
review and evaluation shall be deemed to have conducted the first
review required by subsection (4)(a) of this section. Subsequent
review and evaluation by the county or city of its comprehensive plan
and development regulations shall be conducted in accordance with the
time periods established under subsection (4)(a) of this section.
(7) The requirements imposed on counties and cities under this
section shall be considered "requirements of this chapter" under the
terms of RCW 36.70A.040(1). Only those counties and cities in
compliance with the schedules in this section ((shall have the
requisite authority to)) and those counties and cities demonstrating
substantial progress towards compliance with the schedules in this
section for development regulations that protect critical areas may
receive grants, loans, pledges, or financial guarantees from those
accounts established in RCW 43.155.050 and 70.146.030. A county or
city that is fewer than twelve months out of compliance with the
schedules in this section for development regulations that protect
critical areas is deemed to be making substantial progress towards
compliance. Only those counties and cities in compliance with the
schedules in this section ((shall)) may receive preference for grants
or loans subject to the provisions of RCW 43.17.250.
(8)(a) Counties and cities required to satisfy the requirements of
this section according to the schedule established by subsection (4)(b)
through (d) of this section may comply with the requirements of this
section for development regulations that protect critical areas one
year after the dates established in subsection (4)(b) through (d) of
this section.
(b) Counties and cities complying with the requirements of this
section one year after the dates established in subsection (4)(b)
through (d) of this section for development regulations that protect
critical areas shall be deemed in compliance with the requirements of
this section.
(c) This subsection (8) applies only to the counties and cities
specified in subsection (4)(b) through (d) of this section, and only to
the requirements of this section for development regulations that
protect critical areas that must be satisfied by December 1, 2005,
December 1, 2006, and December 1, 2007.
(9) Notwithstanding subsection (8) of this section and the
substantial progress provisions of subsections (7) and (10) of this
section, only those counties and cities complying with the schedule in
subsection (4) of this section may receive preferences for grants,
loans, pledges, or financial guarantees from those accounts established
in RCW 43.155.050 and 70.146.030.
(10) Until December 1, 2005, and notwithstanding subsection (7) of
this section, a county or city subject to the time periods in
subsection (4)(a) of this section demonstrating substantial progress
towards compliance with the schedules in this section for its
comprehensive land use plan and development regulations may receive
grants, loans, pledges, or financial guarantees from those accounts
established in RCW 43.155.050 and 70.146.030. A county or city that is
fewer than twelve months out of compliance with the schedules in this
section for its comprehensive land use plan and development regulations
that protect critical areas is deemed to be making substantial progress
towards compliance.
NEW SECTION. Sec. 3 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 takes effect
immediately."
ESHB 2171 -
By Senators Berkey, Kastama
ADOPTED 04/12/2005
On page 1, line 2 of the title, after "36.70A.130;" strike the remainder of the title and insert "amending RCW 36.70A.130; creating new sections; and declaring an emergency."