BILL REQ. #:  S-0542.1 

Read first time 01/13/2005.   Referred to Committee on Transportation.

     AN ACT Relating to determining long-term air transportation needs including airport siting; amending RCW 36.70A.200; adding a new section to chapter 47.06 RCW; adding a new section to chapter 47.80 RCW; adding a new chapter to Title 47 RCW; and making an appropriation.

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

NEW SECTION.  Sec. 1   The legislature finds that airports are critical to the statewide transportation infrastructure. The 2000 Washington Blue Ribbon Commission on Transportation reported that the state has no plans in place today that, if implemented, would yield results that would meet the long-term transportation needs of the state. The long-standing lack of consensus on how to solve Washington's transportation problems should be resolved through a reasonable process. The legislature intends the airport siting council to site airports that will ensure the long-term air transportation needs of Washington state are met and are in compliance with applicable public health, environmental, and land use laws.

NEW SECTION.  Sec. 2   (1) If the transportation commission declares an impasse under section 3 or 4 of this act, the governor shall appoint an airport siting council. The council will consist of the following members: (a) The director of the department of community, trade, and economic development, or a designee; (b) a member of the transportation commission appointed by the governor, who shall be the chair of the council; (c) two members of the general public with special knowledge or background in airport issues, appointed by the governor; and (d) a member of a growth management hearings board, selected by the governor.
     The member of a growth management hearings board must be a member of the growth management hearings board that hears appeals from actions taken under the Growth Management Act by counties not located in the region in which the proposed airport project under consideration is located or that is subject to the proposed transportation plan under consideration.
     (2) The chair of the council may designate another councilmember to serve as the acting chair in the absence of the chair. The department of transportation shall provide all administrative and staff support for the council.
     (3) The airport siting council appointed in response to a specific finding of an impasse under section 3 or 4 of this act must be disbanded once the governor has informed the council of his or her decision under section 6 of this act regarding the council's airport siting recommendations concerning the impasse. If, at a later date, the transportation commission declares another impasse, the governor shall appoint another airport siting council consistent with subsection (1) of this section.

NEW SECTION.  Sec. 3   If the transportation commission finds that all of the following have occurred, it shall declare an impasse and refer the issue to the airport siting council: (1) A regional transportation plan does not satisfactorily address the state's interest as defined in RCW 47.06.040 with respect to planning for transportation needs through siting of an airport; (2) there has been ample time to address siting of an airport in the regional transportation plan and local comprehensive plans, but either no decision has been reached or the process has resulted in a decision that will not address the state's transportation needs as set forth in RCW 47.06.040; (3) the department of transportation has sought by all reasonable means to encourage local governments and regional bodies to cooperate in a planning and decision-making process that addresses in a timely manner statewide airport siting needs; (4) the transportation commission has notified the local governments and regional bodies responsible for the regional transportation plan of its intent to declare an impasse; and (5) the local governments and regional bodies responsible for the regional transportation plan have failed to show cause within thirty days of such notification that an impasse should not be declared.

NEW SECTION.  Sec. 4   The transportation commission must declare an impasse by August 1, 2005, regarding the search for a supplemental airport in the Puget Sound region or replacement for Seattle-Tacoma International Airport.

NEW SECTION.  Sec. 5   (1) The airport siting council shall convene to make recommendations to the governor whenever the transportation commission passes a resolution declaring that an impasse exists in the siting of an airport of statewide significance, as provided in section 3 of this act. The council has eighteen months after the date on which the transportation commission resolution is passed to make a recommendation regarding the siting of the airport of statewide significance and to communicate its recommendation in writing to the governor.
     (2) The responsibility of the council is to make airport siting recommendations that reflect the interest of the entire state. Accordingly, the council is not limited to the options examined by the regional or local authority and may also consider alternative sites outside the region. In forming its recommendation the council shall review existing information and analyses regarding the siting issue, including both technical data and the decision-making process that failed to produce a resolution. The council may also hire staff for technical evaluation, analysis, and research associated with the preparation of its siting recommendation. The council may also consider relationships between the proposed facility and other existing or planned transportation facilities of statewide interest such as airports, rail services, ferry systems, or highways.

NEW SECTION.  Sec. 6   (1) The governor must accept or reject the siting council's recommendation within sixty days. If the governor rejects the siting council's recommendation, he or she may request the siting council to provide an alternative recommendation within thirty days. The governor has another sixty days to accept or reject the siting council's alternative recommendation. Once the governor has made a decision, the governor must inform in writing the members of the airport siting council, the transportation commission, the chair(s) of the legislative transportation committee, the county or city affected, and the regional transportation planning organization located in the region in which the transportation project will be sited.
     (2) Subject to the conditions set forth in section 8(2) of this act, a decision by the governor binds the state and each of its political subdivisions, such as departments, agencies, divisions, bureaus, commissions, boards, counties, cities, towns, ports, and special districts, whether a political subdivision is a member of the council or not, regarding approval of a site and the construction and operation of a proposed airport.

NEW SECTION.  Sec. 7   The legislature may invalidate the governor's decision if two-thirds of each house votes to object to his or her choice of sites. The legislature must vote by the end of the legislative session convened after the governor's decision. This will ensure that the legislature has at least one full legislative session for deliberation.

NEW SECTION.  Sec. 8   (1) This chapter supersedes other laws for establishing the location of airports of statewide significance or rules adopted under state law for establishing the location of airports of statewide significance.
     (2) However, the requirements of this chapter and rules adopted under it do not supersede the State Environmental Policy Act, the State Clean Air Act, the State Clean Water Act, the Shoreline Management Act, the laws relating to solid and hazardous waste management, and all the related portions of the Washington Administrative Code that implement these environmental laws.

NEW SECTION.  Sec. 9   A new section is added to chapter 47.06 RCW to read as follows:
     The legislature declares to be of statewide significance any airports designated by the department as included in its plan as determined by its own functional classification system and criteria. The department shall assert leadership and cooperate with regional transportation planning organizations, counties, cities, transit agencies, public ports, and the private sector, by including in the state's multimodal transportation plan improvements to transportation facilities and services of statewide significance. Improvements to facilities and services of statewide significance identified in the statewide multimodal transportation plan developed under RCW 47.01.071(3) are considered essential public facilities under RCW 36.70A.200.

NEW SECTION.  Sec. 10   A new section is added to chapter 47.80 RCW to read as follows:
     The regional transportation planning organization must adopt a regional transportation plan that adequately implements the decision of the governor to site an airport of statewide significance, as provided in section 6 of this act.

Sec. 11   RCW 36.70A.200 and 2002 c 68 s 2 are each amended to read as follows:
     (1) The comprehensive plan of each county and city that is planning under RCW 36.70A.040 shall include a process for identifying and siting essential public facilities. Essential public facilities include those facilities that are typically difficult to site, such as airports, state education facilities and state or regional transportation facilities as defined in RCW 47.06.140, state and local correctional facilities, solid waste handling facilities, and in-patient facilities including substance abuse facilities, mental health facilities, group homes, and secure community transition facilities as defined in RCW 71.09.020. If the process of siting an airport fails, the airport shall be sited by the process set forth in chapter 47.-- RCW (sections 1 through 8 of this act).
     (2) Each county and city planning under RCW 36.70A.040 shall, not later than September 1, 2002, establish a process, or amend its existing process, for identifying and siting essential public facilities and adopt or amend its development regulations as necessary to provide for the siting of secure community transition facilities consistent with statutory requirements applicable to these facilities.
     (3) Any city or county not planning under RCW 36.70A.040 shall, not later than September 1, 2002, establish a process for siting secure community transition facilities and adopt or amend its development regulations as necessary to provide for the siting of such facilities consistent with statutory requirements applicable to these facilities.
     (4) The office of financial management shall maintain a list of those essential state public facilities that are required or likely to be built within the next six years. The office of financial management may at any time add facilities to the list.
     (5) No local comprehensive plan or development regulation may preclude the siting of essential public facilities.
     (6) No person may bring a cause of action for civil damages based on the good faith actions of any county or city to provide for the siting of secure community transition facilities in accordance with this section and with the requirements of chapter 12, Laws of 2001 2nd sp. sess. For purposes of this subsection, "person" includes, but is not limited to, any individual, agency as defined in RCW 42.17.020, corporation, partnership, association, and limited liability entity.
     (7) Counties or cities siting facilities pursuant to subsection (2) or (3) of this section shall comply with RCW 71.09.341.
     (8) The failure of a county or city to act by the deadlines established in subsections (2) and (3) of this section is not:
     (a) A condition that would disqualify the county or city for grants, loans, or pledges under RCW 43.155.070 or 70.146.070;
     (b) A consideration for grants or loans provided under RCW 43.17.250(2); or
     (c) A basis for any petition under RCW 36.70A.280 or for any private cause of action.

NEW SECTION.  Sec. 12   The sum of five hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 2007, from the multimodal fund to the department of transportation for the purposes of section 5 of this act.

NEW SECTION.  Sec. 13   Sections 1 through 8 of this act constitute a new chapter in Title 47 RCW.