BILL REQ. #:  H-0506.1 

Read first time 01/19/2007.   Referred to Committee on Local Government.

     AN ACT Relating to Washington's vesting laws; amending RCW 58.17.033, 19.27.095, 36.70A.302, and 80.50.100; adding a new section to chapter 36.70B RCW; and repealing RCW 36.70B.170, 36.70B.180, 36.70B.190, 36.70B.200, and 36.70B.210.

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

Sec. 1   RCW 58.17.033 and 1987 c 104 s 2 are each amended to read as follows:
     (1) A proposed division of land, as defined in RCW 58.17.020, shall be considered under the subdivision or short subdivision ordinance, and zoning or other land use control ordinances, in effect on the land at the time ((a fully completed application for preliminary plat approval of the subdivision, or short plat approval of the short subdivision, has been submitted to the appropriate county, city, or town official.
     (2) The requirements for a fully completed application shall be defined by local ordinance)) the county, city, or town legislative body acts on the application for preliminary approval as provided in RCW 58.17.110.
     (((3))) (2) The limitations imposed by this section shall not restrict conditions imposed under chapter 43.21C RCW.
     (3) If, prior to final plat approval and prior to substantial construction of the plat in good faith reliance on the preliminary plat approval, the development regulations applicable to the property are changed, the preliminary plat shall be revised to be consistent with the new development regulations.

Sec. 2   RCW 19.27.095 and 1991 c 281 s 27 are each amended to read as follows:
     (1) A valid and fully complete building permit application for a structure, that is permitted under the zoning or other land use control ordinances in effect on the date of the application shall be considered under the building permit ordinance in effect ((at the time of application)) on the day the application is approved or denied, and the zoning or other land use control ordinances in effect on ((the date of application)) that day.
     (2) The requirements for a fully completed application shall be defined by local ordinance but for any construction project costing more than five thousand dollars the application shall include, at a minimum:
     (a) The legal description, or the tax parcel number assigned pursuant to RCW 84.40.160, and the street address if available, and may include any other identification of the construction site by the prime contractor;
     (b) The property owner's name, address, and phone number;
     (c) The prime contractor's business name, address, phone number, current state contractor registration number; and
     (d) Either:
     (i) The name, address, and phone number of the office of the lender administering the interim construction financing, if any; or
     (ii) The name and address of the firm that has issued a payment bond, if any, on behalf of the prime contractor for the protection of the owner, if the bond is for an amount not less than fifty percent of the total amount of the construction project.
     (3) The information required on the building permit application by subsection (2)(a) through (d) of this section shall be set forth on the building permit document which is issued to the owner, and on the inspection record card which shall be posted at the construction site.
     (4) The information required by subsection (2) of this section and information supplied by the applicant after the permit is issued under subsection (5) of this section shall be kept on record in the office where building permits are issued and made available to any person on request. If a copy is requested, a reasonable charge may be made.
     (5) If any of the information required by subsection (2)(d) of this section is not available at the time the application is submitted, the applicant shall so state and the application shall be processed forthwith and the permit issued as if the information had been supplied, and the lack of the information shall not cause the application to be deemed incomplete for the purposes of vesting under subsection (1) of this section. However, the applicant shall provide the remaining information as soon as the applicant can reasonably obtain such information.
     (6) If, prior to substantial construction in good faith reliance on the building permit, the applicable development regulations are changed, the building permit shall be revised or rescinded as necessary to be consistent with the new development regulations.
     (7) The limitations imposed by this section shall not restrict conditions imposed under chapter 43.21C RCW.

NEW SECTION.  Sec. 3   A new section is added to chapter 36.70B RCW to read as follows:
     (1) An application for a project permit shall be considered under the development regulations in effect on the land at the time the local government takes final action on the application, including ruling on any lawful requests for reconsideration and any decisions made after review and remand by an appellate body.
     (2) If prior to substantial construction in good faith reliance on the project permit the development regulations applicable to the property are changed, the project permit shall be revised or rescinded as necessary to be consistent with the new development regulations.

Sec. 4   RCW 36.70A.302 and 1997 c 429 s 16 are each amended to read as follows:
     (1) A board may determine that part or all of a comprehensive plan or development regulations are invalid if the board:
     (a) Makes a finding of noncompliance and issues an order of remand under RCW 36.70A.300;
     (b) Includes in the final order a determination, supported by findings of fact and conclusions of law, that the continued validity of part or parts of the plan or regulation would substantially interfere with the fulfillment of the goals of this chapter; and
     (c) Specifies in the final order the particular part or parts of the plan or regulation that are determined to be invalid, and the reasons for their invalidity.
     (2) A determination of invalidity is ((prospective in effect and does not extinguish rights that vested under state or local law before receipt of the board's order by the city or county. The determination of invalidity does not apply to a completed development permit application for a project that vested under state or local law before receipt of the board's order by the county or city or to related construction permits for that project.
     (3)(a) Except as otherwise provided in subsection (2) of this section and (b) of this subsection, a development permit application not vested under state or local law before receipt of the board's order by the county or city vests to the local ordinance or resolution that is determined by the board not to substantially interfere with the fulfillment of the goals of this chapter.
     (b) Even though the application is not vested under state or local law before receipt by the county or city of the board's order, a determination of invalidity does not apply to a development permit application for)) remedial and retrospective and applies to any decision on a project permit that the local government made based on the project's consistency with the plan or regulation that the board has determined to be invalid except:
     (((i))) (a) A permit for construction by any owner, lessee, or contract purchaser of a single-family residence for his or her own use or for the use of his or her family on a lot existing before receipt by the county or city of the board's order, except as otherwise specifically provided in the board's order to protect the public health and safety;
     (((ii))) (b) A building permit and related construction permits for remodeling, tenant improvements, or expansion of an existing structure on a lot existing before receipt of the board's order by the county or city; and
     (((iii))) (c) A boundary line adjustment or a division of land that does not increase the number of buildable lots existing before receipt of the board's order by the county or city.
     (((4))) (3) If the ordinance that adopts a plan or development regulation under this chapter includes a savings clause intended to revive prior policies or regulations in the event the new plan or regulations are determined to be invalid, the board shall determine under subsection (1) of this section whether the prior policies or regulations are valid during the period of remand.
     (((5))) (4) A county or city subject to a determination of invalidity may adopt interim controls and other measures to be in effect until it adopts a comprehensive plan and development regulations that comply with the requirements of this chapter. A development permit application may vest under an interim control or measure upon determination by the board that the interim controls and other measures do not substantially interfere with the fulfillment of the goals of this chapter.
     (((6))) (5) A county or city subject to a determination of invalidity may file a motion requesting that the board clarify, modify, or rescind the order. The board shall expeditiously schedule a hearing on the motion. At the hearing on the motion, the parties may present information to the board to clarify the part or parts of the comprehensive plan or development regulations to which the final order applies. The board shall issue any supplemental order based on the information provided at the hearing not later than thirty days after the date of the hearing.
     (((7))) (6)(a) If a determination of invalidity has been made and the county or city has enacted an ordinance or resolution amending the invalidated part or parts of the plan or regulation or establishing interim controls on development affected by the order of invalidity, after a compliance hearing, the board shall modify or rescind the determination of invalidity if it determines under the standard in subsection (1) of this section that the plan or regulation, as amended or made subject to such interim controls, will no longer substantially interfere with the fulfillment of the goals of this chapter.
     (b) If the board determines that part or parts of the plan or regulation are no longer invalid as provided in this subsection, but does not find that the plan or regulation is in compliance with all of the requirements of this chapter, the board, in its order, may require periodic reports to the board on the progress the jurisdiction is making towards compliance.

Sec. 5   RCW 80.50.100 and 1989 c 175 s 174 are each amended to read as follows:
     (1) The council shall report to the governor its recommendations as to the approval or rejection of an application for certification within twelve months of receipt by the council of such an application, or such later time as is mutually agreed by the council and the applicant. The council's recommendation shall be based on the council's guidelines in effect on the date the recommendation is made. If the council recommends approval of an application for certification, it shall also submit a draft certification agreement with the report. The council shall include conditions in the draft certification agreement to implement the provisions of this chapter, including, but not limited to, conditions to protect state or local governmental or community interests affected by the construction or operation of the energy facility, and conditions designed to recognize the purpose of laws or ordinances, or rules or regulations promulgated thereunder, that are preempted or superseded pursuant to RCW 80.50.110 as now or hereafter amended.
     (2) Within sixty days of receipt of the council's report the governor shall take one of the following actions:
     (a) Approve the application and execute the draft certification agreement; or
     (b) Reject the application; or
     (c) Direct the council to reconsider certain aspects of the draft certification agreement.
     The council shall reconsider such aspects of the draft certification agreement by reviewing the existing record of the application or, as necessary, by reopening the adjudicative proceeding for the purposes of receiving additional evidence. Such reconsideration shall be conducted expeditiously. The council shall resubmit the draft certification to the governor incorporating any amendments deemed necessary upon reconsideration. Within sixty days of receipt of such draft certification agreement, the governor shall either approve the application and execute the certification agreement or reject the application. The certification agreement shall be binding upon execution by the governor and the applicant.
     (3) The rejection of an application for certification by the governor shall be final as to that application but shall not preclude submission of a subsequent application for the same site on the basis of changed conditions or new information.

NEW SECTION.  Sec. 6   The following acts or parts of acts are each repealed:
     (1) RCW 36.70B.170 (Development agreements -- Authorized) and 1995 c 347 s 502;
     (2) RCW 36.70B.180 (Development agreements -- Effect) and 1995 c 347 s 503;
     (3) RCW 36.70B.190 (Development agreements -- Recording -- Parties and successors bound) and 1995 c 347 s 504;
     (4) RCW 36.70B.200 (Development agreements -- Public hearing) and 1995 c 347 s 505; and
     (5) RCW 36.70B.210 (Development agreements -- Authority to impose fees not extended) and 1995 c 347 s 506.