BILL REQ. #:  H-2469.1 

Read first time 02/27/2007.   Referred to Committee on Local Government.

     AN ACT Relating to the transportation of sand and gravel in counties with a population of less than thirty-five thousand; amending RCW 36.70A.200; and creating a new section.

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

NEW SECTION.  Sec. 1   (1) The legislature finds that the cost of transporting high quality sand and gravel by truck for major public and private construction projects, including state and local highway projects, beach restoration, and construction of public and private buildings, is increasing dramatically as the result of increased fuel prices.
     (2) The legislature finds that marine transportation of sand and gravel would not only be more cost-effective than trucking such materials, it also significantly reduces the volume of heavy truck traffic on highways and roads that are already congested.
     (3) The legislature finds that marine transportation of sand and gravel also provides a more reliable and cost-effective source of material for beach restoration and enhancement in the Puget Sound.

Sec. 2   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, and facilities necessary for the marine transportation of sand and gravel from mining projects located primarily on lands designated as forest or mineral resource lands pursuant to RCW 36.70A.060(1)(a) in counties in western Washington that have a population of less than thirty-five thousand people.
     (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.