BILL REQ. #:  H-5548.1 

READ FIRST TIME 02/11/08.   

     AN ACT Relating to mitigating the impacts of climate change through the growth management act; amending RCW 36.70A.020; adding a new section to chapter 36.70A RCW; creating new sections; and providing expiration dates.

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

NEW SECTION.  Sec. 1   (1) The legislature recognizes that the profound implications of a changed climate will affect the peoples, institutions, and economies of Washington. While no single local government can substantially influence greenhouse gas emissions or climate change trends, the legislature recognizes that the state, including its local governments and residents, must do its part to reduce greenhouse gas emissions.
     (2) The legislature further recognizes that: (a) Patterns of land use development significantly influence transportation-related greenhouse gas emissions; (b) fossil fuel-based transportation is the largest source of greenhouse gas emissions in Washington; and (c) the state and its residents will not achieve emission reductions established in RCW 80.80.020 without a significant decrease in transportation emissions. To this end, the legislature finds that local land use and state and local transportation plans should be developed to: Minimize greenhouse gas emissions associated with new development and transportation improvements; and reduce overall greenhouse gas emissions in accordance with RCW 80.80.020.
     (3) The legislature finds that comprehensive land use plans of local governments can be a significant tool for meaningfully addressing these difficult issues. The legislature recognizes that locally adopted plans should: (a) Minimize land use patterns that increase vehicle usage; (b) encourage compact communities, in-filling, denser development, linkages with transit options, and other practices that reduce the number of vehicle miles traveled; and (c) encourage green jobs and the provision of affordable housing in areas near employment and service centers.
     (4) The legislature also finds that the effects of global warming are becoming evident in Washington, adversely affecting its residents, economy, and environment. It is critical that Washington and its counties and cities plan to adapt to these adverse effects and take steps to prevent problematic circumstances from becoming worse. The legislature, however, does not intend for the delayed effective date for the climate change goal established in RCW 36.70A.020 to impede ongoing efforts by counties and cities to address climate change issues.
     (5) The legislature further finds that addressing land use-related climate issues will simultaneously advance many other land use planning goals and provide public dividends, including: (a) Realizing reductions in the costs of providing public facilities and services through more compact development; (b) increasing housing affordability through lower public costs and more compact patterns of growth; (c) lessening transportation costs through reductions in the number of vehicle miles traveled; and (d) accomplishing goals for the protection of the environmental resources of rural areas and resource lands by reducing sprawl. The legislature also recognizes that alternative fuels, and vehicles that use alternative fuels or have increased efficiencies, will contribute to lessening greenhouse gas emissions and will encourage investment in these fuels, energy sources, and technologies.
     (6) Without prompt, effective, and comprehensive responses to the environmental and governance challenges of climate change, meaningful solutions to these borderless issues will continue to elude the state and its residents. The legislature recognizes that many Washington counties and cities have begun to independently address climate change. The legislature further finds that to achieve the state's emission reduction goals, a collaborative effort is needed. This act is the first step toward providing local governments with the tools that are necessary to accomplish the state's emission reduction goals.

Sec. 2   RCW 36.70A.020 and 2002 c 154 s 1 are each amended to read as follows:
     The following goals are adopted to guide the development and adoption of comprehensive plans and development regulations of those counties and cities that are required or choose to plan under RCW 36.70A.040. The following goals are not listed in order of priority and shall be used exclusively for the purpose of guiding the development of comprehensive plans and development regulations:
     (1) Urban growth. Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner.
     (2) Reduce sprawl. Reduce the inappropriate conversion of undeveloped land into sprawling, low-density development.
     (3) Transportation. Encourage efficient multimodal transportation systems that are based on regional priorities and coordinated with county and city comprehensive plans.
     (4) Housing. Encourage the availability of affordable housing to all economic segments of the population of this state, promote a variety of residential densities and housing types, and encourage preservation of existing housing stock.
     (5) Economic development. Encourage economic development throughout the state that is consistent with adopted comprehensive plans, promote economic opportunity for all citizens of this state, especially for unemployed and for disadvantaged persons, promote the retention and expansion of existing businesses and recruitment of new businesses, recognize regional differences impacting economic development opportunities, and encourage growth in areas experiencing insufficient economic growth, all within the capacities of the state's natural resources, public services, and public facilities.
     (6) Property rights. Private property shall not be taken for public use without just compensation having been made. The property rights of landowners shall be protected from arbitrary and discriminatory actions.
     (7) Permits. Applications for both state and local government permits should be processed in a timely and fair manner to ensure predictability.
     (8) Natural resource industries. Maintain and enhance natural resource-based industries, including productive timber, agricultural, and fisheries industries. Encourage the conservation of productive forest lands and productive agricultural lands, and discourage incompatible uses.
     (9) Open space and recreation. Retain open space, enhance recreational opportunities, conserve fish and wildlife habitat, increase access to natural resource lands and water, and develop parks and recreation facilities.
     (10) Environment. Protect the environment and enhance the state's high quality of life, including air and water quality, and the availability of water.
     (11) Citizen participation and coordination. Encourage the involvement of citizens in the planning process and ensure coordination between communities and jurisdictions to reconcile conflicts.
     (12) Public facilities and services. Ensure that those public facilities and services necessary to support development shall be adequate to serve the development at the time the development is available for occupancy and use without decreasing current service levels below locally established minimum standards.
     (13) Historic preservation. Identify and encourage the preservation of lands, sites, and structures, that have historical or archaeological significance.
     (14) Effective December 31, 2010, climate change. Reduce climate change impacts by lessening emissions of greenhouse gases and adapt to the effects of climate change through sustainable energy, transportation planning, and land use management practices. This subsection applies only to counties planning under RCW 36.70A.040 with a population exceeding one hundred thousand and cities planning under RCW 36.70A.040 with a population exceeding thirty thousand.

NEW SECTION.  Sec. 3   A new section is added to chapter 36.70A RCW to read as follows:
     (1) The department must develop and provide advisory climate change response methodologies and estimates to counties and cities that include a range of methodologies and estimates. The advisory methodologies and estimates must reflect regional and local variations and the diversity of counties and cities planning under this chapter, and, at a minimum, also must:
     (a) Identify the greenhouse gas emission reductions that various land use and building measures are estimated to produce. The methodologies developed under this subsection (1)(a) may be expressed as a methodology or a quantification of probable reductions. The methodologies must be capable of considering documented benefits of accommodating growth within urban centers that provide for compact development, appropriate mixes of uses, transit, nonmotorized travel choices, and a balance of employment and housing; and
     (b) Identify potential policies, regulatory programs, and other measures counties and cities can implement to adapt to the likely adverse effects of global warming and climate change.
     (2) The department must complete and make available the advisory climate change response methodologies and estimates required by this section by December 1, 2009. These advisory climate change response methodologies and estimates must also be updated two years before each completion date established in RCW 36.70A.130(4)(a).
     (3) The department must create or contract to update an existing computer program for use by counties and cities to inventory, estimate, and project greenhouse gas emissions and identify greenhouse gas reductions. The computer program must include features for: (a) Estimating 1990 greenhouse gas emissions by sector. If the data to complete the estimates required by this subsection (3)(a) is not available, the computer program must include features for completing these estimates at the earliest date after 1990 for which the required data is available; (b) inventorying and estimating current emissions by sector; (c) projecting future emissions by sector; (d) estimating the number of vehicle miles traveled; (e) estimating the greenhouse gas emissions generated by motor vehicles; and (f) determining measures to reduce greenhouse gas emissions by lessening vehicle travel.
     (4) In preparing the methodologies and estimates, the department must periodically consult with the advisory team required by section 5(3) of this act.

NEW SECTION.  Sec. 4   (1) A global warming mitigation and adaptation program is established. The program must be administered by the department of community, trade, and economic development. The department must, through a competitive process, select at least three counties and six cities for the program. At least one county and one city selected for the program must have potential to be adversely impacted by global warming through sea-level increases, storms, flooding, or other adverse effects. At least one county and one city must be located east of the crest of the Cascade mountains. At least one county and one city must be located west of the crest of the Cascade mountains and outside the central Puget Sound region. Counties selected must reflect a range of opportunities to address climate change in urbanizing, resource, or agricultural areas. Cities selected must reflect a range of sizes, geographic locations, and variations between those that are highly urbanized and those that are less so and include more residential dwellings than employment positions.
     (2) The program is established to assist counties and cities that are addressing climate change through their land use and transportation planning, and those that aspire to do so but lack necessary resources. The department may fund proposals to inventory global warming emissions, mitigate global warming emissions, or adapt to the adverse impacts of global warming using criteria established by the department to accomplish the objectives of this act.
     (3) The department must provide grants and technical assistance to aid the selected counties and cities in their efforts to anticipate, mitigate, and adapt to global warming and its associated problems.
     (4) The program must conclude by June 30, 2010.
     (5) If specific funding for the purposes of this section, referencing this act by bill or chapter number and section number is not provided by June 30, 2008, in the omnibus appropriations act, this section is null and void.
     (6) This section expires January 1, 2011.

NEW SECTION.  Sec. 5   (1) With the use of funds provided by specific appropriation, by December 1, 2008, the department of community, trade, and economic development must provide to the governor and appropriate committees of the house of representatives and the senate, a report describing: (a) How counties and cities are addressing climate change issues; and (b) a range of possible measures that could be adopted as amendments to chapter 36.70A RCW or other statutes that would enable counties and cities to effectively avoid, mitigate, and adapt to global warming in the land use and transportation planning process.
     (2) The report must address, as appropriate and with information that is readily available: (a) What counties and cities have voluntarily done to identify the greenhouse gas emissions of their communities, including those created by counties and cities through governmental activities; (b) the range of strategies chosen by jurisdictions to reduce emissions from their own activities and those of the entire community; (c) a description of obstacles and opportunities to achieve emission reductions in a variety of urban and rural areas; (d) recommendations for statutory amendments, if any, that are necessary to facilitate emission reductions and adaptation to climate change impacts at the local level through any combination of enhanced state and local planning and investment strategies; and (e) recommendations for funding to assist counties and cities in fulfilling the recommendations within the report.
     (3) In preparing the report, the department must convene and consult with an advisory team comprised of the following interests: (a) One representative each from six or fewer counties and ten cities. In selecting these representatives, the department must endeavor to have statewide geographical representation; (b) one representative each from two regional transportation planning organizations; and (c) representatives from other interested public agencies and interest groups. The number of representatives selected under this subsection (3)(c) may not exceed the sum total of representatives selected under (a) and (b) of this subsection.
     (4) This section expires December 31, 2008.

NEW SECTION.  Sec. 6   This act is not intended to amend or affect chapter 353, Laws of 2007.

NEW SECTION.  Sec. 7   If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2008, in the omnibus appropriations act, this act is null and void.