BILL REQ. #:  H-4122.1 

Read first time 01/16/08.   Referred to Committee on Local Government.

     AN ACT Relating to mitigating the impacts of climate change through the growth management act; amending RCW 36.70A.020, 36.70A.070, 36.70A.110, 36.70A.210, 36.70A.350, and 36.70A.360; adding new sections to chapter 36.70A RCW; creating new sections; and providing an expiration date.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 36.70A RCW to read as follows:
     (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 citizens, must do their part to reduce greenhouse gas emissions.
     (2) The legislature further recognizes that: (a) Transportation is the largest source of greenhouse gas emissions in Washington; (b) the state and its residents will not achieve emission reductions established in RCW 80.80.020 without a significant lessening in transportation emissions; and (c) transportation emissions are significantly influenced by patterns of land use development. To this end, the legislature finds that land use and 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. Furthermore, the legislature finds that comprehensive land use plans of local governments can be a significant tool for meaningfully addressing these difficult issues. Locally adopted plans should: (i) Minimize land use patterns that increase vehicle usage; (ii) encourage compact communities, in-filling, denser development, linkages with transit options, and other practices that reduce the number of vehicle miles traveled; and (iii) encourage green jobs and the provision of affordable housing in areas near employment and service centers.
     (3) The legislature finds that collaborative efforts between counties and cities can result in reduced greenhouse gas emissions. However, the legislature recognizes that an interjurisdictional accounting is necessary, and that interjurisdictional cooperation is imperative, to accomplish the state's emission reduction goals.
     (4) The legislature finds that the longer the state and its residents delay addressing climate issues, the worse things will be for children and future generations.
     (5) The legislature also finds that the effects of global warming are becoming evident in Washington, adversely affecting its residents, economy, and environment. Washington and its counties and cities must plan to adapt to these adverse effects and must take steps to prevent problematic circumstances from becoming worse.
     (6) The legislature further finds that addressing climate issues in conformity with this act 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 through less development.
     (7) 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. Unless action is taken now, the nature and quality of life that Washingtonians enjoy may be irreversibly lost.

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)) Conserve 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) Climate change. Reduce climate change impacts by lessening emissions of greenhouse gases in accordance with emission reductions established in RCW 80.80.020, and adapt to the effects of climate change to protect people, property, the economy, and the environment.

Sec. 3   RCW 36.70A.070 and 2005 c 360 s 2 are each amended to read as follows:
     The comprehensive plan of a county or city that is required or chooses to plan under RCW 36.70A.040 shall consist of a map or maps, and descriptive text covering objectives, principles, and standards used to develop the comprehensive plan. The plan shall be an internally consistent document and all elements shall be consistent with the future land use map. A comprehensive plan shall be adopted and amended with public participation as provided in RCW 36.70A.140.
     Except as provided otherwise by this section, each comprehensive plan shall include a plan, scheme, or design for each of the following:
     (1) A land use element designating the proposed general distribution and general location and extent of the uses of land, where appropriate, for agriculture, timber production, housing, commerce, industry, recreation, open spaces, general aviation airports, public utilities, public facilities, and other land uses. The land use element shall include population densities, building intensities, and estimates of future population growth. The land use element shall provide for protection of the quality and quantity of groundwater used for public water supplies. Wherever possible, the land use element should consider utilizing urban planning approaches that promote physical activity. Where applicable, the land use element shall review drainage, flooding, and storm water run-off in the area and nearby jurisdictions and provide guidance for corrective actions to mitigate or cleanse those discharges that pollute waters of the state, including Puget Sound or waters entering Puget Sound.
     (2) A housing element ensuring the vitality and character of established residential neighborhoods that: (a) Includes an inventory and analysis of existing and projected housing needs that identifies the number of housing units necessary to manage projected growth; (b) includes a statement of goals, policies, objectives, and mandatory provisions for the preservation, improvement, and development of housing, including single-family residences; (c) identifies sufficient land for housing, including, but not limited to, government-assisted housing, housing for low-income families, manufactured housing, multifamily housing, and group homes and foster care facilities; and (d) makes adequate provisions for existing and projected needs of all economic segments of the community.
     (3) A capital facilities plan element consisting of: (a) An inventory of existing capital facilities owned by public entities, showing the locations and capacities of the capital facilities; (b) a forecast of the future needs for such capital facilities; (c) the proposed locations and capacities of expanded or new capital facilities; (d) at least a six-year plan that will finance such capital facilities within projected funding capacities and clearly identifies sources of public money for such purposes; and (e) a requirement to reassess the land use element if probable funding falls short of meeting existing needs and to ensure that the land use element, capital facilities plan element, and financing plan within the capital facilities plan element are coordinated and consistent. Park and recreation facilities shall be included in the capital facilities plan element.
     (4) A utilities element consisting of the general location, proposed location, and capacity of all existing and proposed utilities, including, but not limited to, electrical lines, telecommunication lines, and natural gas lines.
     (5) Rural element. Counties shall include a rural element including lands that are not designated for urban growth, agriculture, forest, or mineral resources. The following provisions shall apply to the rural element:
     (a) Growth management act goals and local circumstances. Because circumstances vary from county to county, in establishing patterns of rural densities and uses, a county may consider local circumstances, but shall develop a written record explaining how the rural element harmonizes the planning goals in RCW 36.70A.020 and meets the requirements of this chapter.
     (b) Rural development. The rural element shall permit rural development, forestry, and agriculture in rural areas. The rural element shall provide for a variety of rural densities, uses, essential public facilities, and rural governmental services needed to serve the permitted densities and uses. To achieve a variety of rural densities and uses, counties may provide for clustering, density transfer, design guidelines, conservation easements, and other innovative techniques that will accommodate appropriate rural densities and uses that are not characterized by urban growth and that are consistent with rural character.
     (c) Measures governing rural development. The rural element shall include measures that apply to rural development and protect the rural character of the area, as established by the county, by:
     (i) Containing or otherwise controlling rural development;
     (ii) Assuring visual compatibility of rural development with the surrounding rural area;
     (iii) Reducing the inappropriate conversion of undeveloped land into sprawling, low-density development in the rural area;
     (iv) Protecting critical areas, as provided in RCW 36.70A.060, and surface water and groundwater resources; and
     (v) Protecting against conflicts with the use of agricultural, forest, and mineral resource lands designated under RCW 36.70A.170.
     (d) Limited areas of more intensive rural development. Subject to the requirements of this subsection and except as otherwise specifically provided in this subsection (5)(d), the rural element may allow for limited areas of more intensive rural development, including necessary public facilities and public services to serve the limited area as follows:
     (i) Rural development consisting of the infill, development, or redevelopment of existing commercial, industrial, residential, or mixed-use areas, whether characterized as shoreline development, villages, hamlets, rural activity centers, or crossroads developments.
     (A) A commercial, industrial, residential, shoreline, or mixed-use area shall be subject to the requirements of (d)(iv) of this subsection, but shall not be subject to the requirements of (c)(ii) and (iii) of this subsection.
     (B) Any development or redevelopment other than an industrial area or an industrial use within a mixed-use area or an industrial area under this subsection (5)(d)(i) must be principally designed to serve the existing and projected rural population.
     (C) Any development or redevelopment in terms of building size, scale, use, or intensity shall be consistent with the character of the existing areas. Development and redevelopment may include changes in use from vacant land or a previously existing use so long as the new use conforms to the requirements of this subsection (5);
     (ii) The intensification of development on lots containing, or new development of, small-scale recreational or tourist uses, including commercial facilities to serve those recreational or tourist uses, that rely on a rural location and setting, but that do not include new residential development. A small-scale recreation or tourist use is not required to be principally designed to serve the existing and projected rural population. Public services and public facilities shall be limited to those necessary to serve the recreation or tourist use and shall be provided in a manner that does not permit low-density sprawl;
     (iii) The intensification of development on lots containing isolated nonresidential uses or new development of isolated cottage industries and isolated small-scale businesses that are not principally designed to serve the existing and projected rural population and nonresidential uses, but do provide job opportunities for rural residents. Rural counties may allow the expansion of small-scale businesses as long as those small-scale businesses conform with the rural character of the area as defined by the local government according to RCW 36.70A.030(((14))) (15). Rural counties may also allow new small-scale businesses to utilize a site previously occupied by an existing business as long as the new small-scale business conforms to the rural character of the area as defined by the local government according to RCW 36.70A.030(((14))) (15). Public services and public facilities shall be limited to those necessary to serve the isolated nonresidential use and shall be provided in a manner that does not permit low-density sprawl;
     (iv) A county shall adopt measures to minimize and contain the existing areas or uses of more intensive rural development, as appropriate, authorized under this subsection. Lands included in such existing areas or uses shall not extend beyond the logical outer boundary of the existing area or use, thereby allowing a new pattern of low-density sprawl. Existing areas are those that are clearly identifiable and contained and where there is a logical boundary delineated predominately by the built environment, but that may also include undeveloped lands if limited as provided in this subsection. The county shall establish the logical outer boundary of an area of more intensive rural development. In establishing the logical outer boundary the county shall address (A) the need to preserve the character of existing natural neighborhoods and communities, (B) physical boundaries such as bodies of water, streets and highways, and land forms and contours, (C) the prevention of abnormally irregular boundaries, and (D) the ability to provide public facilities and public services in a manner that does not permit low-density sprawl;
     (v) For purposes of (d) of this subsection, an existing area or existing use is one that was in existence:
     (A) On July 1, 1990, in a county that was initially required to plan under all of the provisions of this chapter;
     (B) On the date the county adopted a resolution under RCW 36.70A.040(2), in a county that is planning under all of the provisions of this chapter under RCW 36.70A.040(2); or
     (C) On the date the office of financial management certifies the county's population as provided in RCW 36.70A.040(5), in a county that is planning under all of the provisions of this chapter pursuant to RCW 36.70A.040(5).
     (e) Exception. This subsection shall not be interpreted to permit in the rural area a major industrial development or a master planned resort unless otherwise specifically permitted under RCW 36.70A.360 and 36.70A.365.
     (6) A transportation element that implements, and is consistent with, the land use element.
     (a) The transportation element shall include the following subelements:
     (i) Land use assumptions used in estimating travel;
     (ii) Estimated traffic impacts to state-owned transportation facilities resulting from land use assumptions to assist the department of transportation in monitoring the performance of state facilities, to plan improvements for the facilities, and to assess the impact of land-use decisions on state-owned transportation facilities;
     (iii) Facilities and services needs, including:
     (A) An inventory of air, water, and ground transportation facilities and services, including transit alignments and general aviation airport facilities, to define existing capital facilities and travel levels as a basis for future planning. This inventory must include state-owned transportation facilities within the city or county's jurisdictional boundaries;
     (B) Level of service standards for all locally owned arterials and transit routes to serve as a gauge to judge performance of the system. These standards should be regionally coordinated;
     (C) For state-owned transportation facilities, level of service standards for highways, as prescribed in chapters 47.06 and 47.80 RCW, to gauge the performance of the system. The purposes of reflecting level of service standards for state highways in the local comprehensive plan are to monitor the performance of the system, to evaluate improvement strategies, and to facilitate coordination between the county's or city's six-year street, road, or transit program and the department of transportation's six-year investment program. The concurrency requirements of (b) of this subsection do not apply to transportation facilities and services of statewide significance except for counties consisting of islands whose only connection to the mainland are state highways or ferry routes. In these island counties, state highways and ferry route capacity must be a factor in meeting the concurrency requirements in (b) of this subsection;
     (D) Specific actions and requirements for bringing into compliance locally owned transportation facilities or services that are below an established level of service standard;
     (E) Forecasts of traffic for at least ten years based on the adopted land use plan to provide information on the location, timing, and capacity needs of future growth;
     (F) Identification of state and local system needs to meet current and future demands. Identified needs on state-owned transportation facilities must be consistent with the statewide multimodal transportation plan required under chapter 47.06 RCW;
     (iv) Finance, including:
     (A) An analysis of funding capability to judge needs against probable funding resources;
     (B) A multiyear financing plan based on the needs identified in the comprehensive plan, the appropriate parts of which shall serve as the basis for the six-year street, road, or transit program required by RCW 35.77.010 for cities, RCW 36.81.121 for counties, and RCW 35.58.2795 for public transportation systems. The multiyear financing plan should be coordinated with the ((six-year)) ten-year improvement program developed by the department of transportation as required by RCW 47.05.030;
     (C) If probable funding falls short of meeting identified needs, a discussion of how additional funding will be raised, or how land use assumptions will be reassessed to ensure that level of service standards will be met;
     (v) Intergovernmental coordination efforts, including an assessment of the impacts of the transportation plan and land use assumptions on the transportation systems of adjacent jurisdictions;
     (vi) Demand-management strategies;
     (vii) Pedestrian and bicycle component to include collaborative efforts to identify and designate planned improvements for pedestrian and bicycle facilities and corridors that address and encourage enhanced community access and promote healthy lifestyles.
     (b) After adoption of the comprehensive plan by jurisdictions required to plan or who choose to plan under RCW 36.70A.040, local jurisdictions must adopt and enforce ordinances which prohibit development approval if the development causes the level of service on a locally owned transportation facility to decline below the standards adopted in the transportation element of the comprehensive plan, unless transportation improvements or strategies to accommodate the impacts of development are made concurrent with the development. These strategies may include increased public transportation service, ride sharing programs, demand management, and other transportation systems management strategies. For the purposes of this subsection (6) "concurrent with the development" shall mean that improvements or strategies are in place at the time of development, or that a financial commitment is in place to complete the improvements or strategies within six years.
     (c) The transportation element described in this subsection (6), and the six-year plans required by RCW 35.77.010 for cities, RCW 36.81.121 for counties, and RCW 35.58.2795 for public transportation systems, and the ten-year plan required by RCW 47.05.030 for the state, must be consistent.
     (7)(a) A climate element to: (i) Mitigate the impacts of climate change by minimizing emissions of greenhouse gases related to existing development, land use patterns, transportation, and the provision of public facilities and services; and (ii) adapt to the effects of global warming and climate change. For the purposes of this subsection (7), "public facilities" include publicly owned utilities.
     (b) Jurisdictions subject to this subsection (7) must:
     (i) Estimate 1990 greenhouse gas emissions, inventory emission sources, and estimate ongoing greenhouse gas emissions;
     (ii) Project future emissions for a reasonable range of land use and transportation alternatives. Jurisdictions must, for each periodic update required by RCW 36.70A.130, project emissions for each year for which an emissions reduction has been established under RCW 80.80.020 that is within twenty years of the applicable completion date established in RCW 36.70A.130;
     (iii) Adopt a comprehensive plan or periodic update that reduces greenhouse gas emissions consistent with the emission reductions established in RCW 80.80.020 or 36.70A.210(3)(g);
     (iv) Adopt policies and provisions to mitigate greenhouse gas emissions resulting from land use decisions;
     (v) Adopt policies and other measures to: (A) Adapt to the likely adverse effects of climate change on the jurisdiction; and (B) improve the management of water and other resources made more scarce by climate change;
     (vi) Enhance programs encouraging, and otherwise providing for, energy, water, and other resource conservation, and the construction of structures meeting green building standards; and
     (vii) Evaluate a program for transferring development rights from rural and natural resource lands to urban growth areas. In complying with this subsection (7)(b)(vii), local governments should consider: (A) Implementing recommendations and findings made by the department in accordance with chapter 43.362 RCW; and (B) developing transfer of development rights programs under RCW 36.70A.210(3)(g) through interlocal agreements under chapter 39.34 RCW.
     (c) Estimates and projections required by this subsection (7) must be submitted to the department at the time of adoption and when documents are submitted under RCW 36.70A.040(6).
     (d) This subsection (7) applies only to counties planning under RCW 36.70A.040 with a population exceeding fifty thousand and cities planning under RCW 36.70A.040 with a population exceeding thirty thousand.
     (8)(a) An economic development element establishing local goals, policies, objectives, and provisions for economic growth and vitality and a high quality of life. The element shall include: (((a))) (i) A summary of the local economy such as population, employment, payroll, sectors, businesses, sales, and other information as appropriate; (((b))) (ii) a summary of the strengths and weaknesses of the local economy defined as the commercial and industrial sectors and supporting factors such as land use, transportation, utilities, education, workforce, housing, and natural/cultural resources; and (((c))) (iii) an identification of policies, programs, and projects to foster economic growth and development and to address future needs.
     (b) This element may establish policies to further the climate change goal adopted under RCW 36.70A.020, including, but not limited to, policies that encourage: (i) The creation of jobs related to new technologies and other means of reducing greenhouse gas emissions; and (ii) employment in areas well-served by transit and near residential areas.
     (c) A city that has chosen to be a residential community is exempt from the economic development element requirement of this subsection.
     (((8))) (9) A park and recreation element that implements, and is consistent with, the capital facilities plan element as it relates to park and recreation facilities. The element shall include: (a) Estimates of park and recreation demand for at least a ten-year period; (b) an evaluation of facilities and service needs; and (c) an evaluation of intergovernmental coordination opportunities to provide regional approaches for meeting park and recreational demand.
     (((9))) (10) It is the intent that new or amended elements required after January 1, 2002, be adopted concurrent with the scheduled update provided in RCW 36.70A.130. Requirements to incorporate any such new or amended elements shall be null and void until funds sufficient to cover applicable local government costs are appropriated and distributed by the state at least two years before local government must update comprehensive plans as required in RCW 36.70A.130.

Sec. 4   RCW 36.70A.110 and 2004 c 206 s 1 are each amended to read as follows:
     (1) Each county that is required or chooses to plan under RCW 36.70A.040 shall designate an urban growth area or areas within which urban growth shall be encouraged and outside of which growth can occur only if it is not urban in nature. Each city that is located in such a county shall be included within an urban growth area. An urban growth area may include more than a single city. An urban growth area may include territory that is located outside of a city only if such territory already is characterized by urban growth whether or not the urban growth area includes a city, or is adjacent to territory already characterized by urban growth, or is a designated new fully contained community as defined by RCW 36.70A.350.
     (2) Based upon the growth management population projection made for the county by the office of financial management, the county and each city within the county shall include areas and densities sufficient to permit the urban growth that is projected to occur in the county or city for the succeeding twenty-year period, except for those urban growth areas contained totally within a national historical reserve.
     Each urban growth area shall permit urban densities and shall include greenbelt and open space areas. In the case of urban growth areas contained totally within a national historical reserve, the city may restrict densities, intensities, and forms of urban growth as determined to be necessary and appropriate to protect the physical, cultural, or historic integrity of the reserve. An urban growth area determination may include a reasonable land market supply factor and shall permit a range of urban densities and uses. In determining this market factor, cities and counties may consider local circumstances. Cities and counties have discretion in their comprehensive plans to make many choices about accommodating growth.
     Within one year of July 1, 1990, each county that as of June 1, 1991, was required or chose to plan under RCW 36.70A.040, shall begin consulting with each city located within its boundaries and each city shall propose the location of an urban growth area. Within sixty days of the date the county legislative authority of a county adopts its resolution of intention or of certification by the office of financial management, all other counties that are required or choose to plan under RCW 36.70A.040 shall begin this consultation with each city located within its boundaries. The county shall attempt to reach agreement with each city on the location of an urban growth area within which the city is located. If such an agreement is not reached with each city located within the urban growth area, the county shall justify in writing why it so designated the area an urban growth area. A city may object formally with the department over the designation of the urban growth area within which it is located. Where appropriate, the department shall attempt to resolve the conflicts, including the use of mediation services.
     (3) Urban growth should be located first in areas already characterized by urban growth that have adequate existing public facility and service capacities to serve such development, second in areas already characterized by urban growth that will be served adequately by a combination of both existing public facilities and services and any additional needed public facilities and services that are provided by either public or private sources, and third in the remaining portions of the urban growth areas. Urban growth may also be located in designated new fully contained communities as defined by RCW 36.70A.350.
     (4) In general, cities are the units of local government most appropriate to provide urban governmental services. In general, it is not appropriate that urban governmental services be extended to or expanded in rural areas except in those limited circumstances shown to be necessary to protect basic public health and safety and the environment and when such services are financially supportable at rural densities and do not permit urban development.
     (5) On or before October 1, 1993, each county that was initially required to plan under RCW 36.70A.040(1) shall adopt development regulations designating interim urban growth areas under this chapter. Within three years and three months of the date the county legislative authority of a county adopts its resolution of intention or of certification by the office of financial management, all other counties that are required or choose to plan under RCW 36.70A.040 shall adopt development regulations designating interim urban growth areas under this chapter. Adoption of the interim urban growth areas may only occur after public notice; public hearing; and compliance with the state environmental policy act, chapter 43.21C RCW, and RCW 36.70A.110. Such action may be appealed to the appropriate growth management hearings board under RCW 36.70A.280. Final urban growth areas shall be adopted at the time of comprehensive plan adoption under this chapter.
     (6) Each county shall include designations of urban growth areas in its comprehensive plan.
     (7) An urban growth area designated in accordance with this section may include within its boundaries urban service areas or potential annexation areas designated for specific cities or towns within the county.
     (8) A county proposing to increase the amount of territory within an urban growth area must evaluate and adopt measures and requirements to mitigate anticipated greenhouse gas emissions associated with the urban growth area increase. Mitigation completed under this subsection must comply with the emission reductions established in RCW 80.80.020.

Sec. 5   RCW 36.70A.210 and 1998 c 171 s 4 are each amended to read as follows:
     (1) The legislature recognizes that counties are regional governments within their boundaries, and cities are primary providers of urban governmental services within urban growth areas. For the purposes of this section, a "county-wide planning policy" is a written policy statement or statements used solely for establishing a county-wide framework from which county and city comprehensive plans are developed and adopted pursuant to this chapter. This framework shall ensure that city and county comprehensive plans are consistent as required in RCW 36.70A.100. Nothing in this section shall be construed to alter the land-use powers of cities.
     (2) The legislative authority of a county that plans under RCW 36.70A.040 shall adopt a county-wide planning policy in cooperation with the cities located in whole or in part within the county as follows:
     (a) No later than sixty calendar days from July 16, 1991, the legislative authority of each county that as of June 1, 1991, was required or chose to plan under RCW 36.70A.040 shall convene a meeting with representatives of each city located within the county for the purpose of establishing a collaborative process that will provide a framework for the adoption of a county-wide planning policy. In other counties that are required or choose to plan under RCW 36.70A.040, this meeting shall be convened no later than sixty days after the date the county adopts its resolution of intention or was certified by the office of financial management.
     (b) The process and framework for adoption of a county-wide planning policy specified in (a) of this subsection shall determine the manner in which the county and the cities agree to all procedures and provisions including but not limited to desired planning policies, deadlines, ratification of final agreements and demonstration thereof, and financing, if any, of all activities associated therewith.
     (c) If a county fails for any reason to convene a meeting with representatives of cities as required in (a) of this subsection, the governor may immediately impose any appropriate sanction or sanctions on the county from those specified under RCW 36.70A.340.
     (d) If there is no agreement by October 1, 1991, in a county that was required or chose to plan under RCW 36.70A.040 as of June 1, 1991, or if there is no agreement within one hundred twenty days of the date the county adopted its resolution of intention or was certified by the office of financial management in any other county that is required or chooses to plan under RCW 36.70A.040, the governor shall first inquire of the jurisdictions as to the reason or reasons for failure to reach an agreement. If the governor deems it appropriate, the governor may immediately request the assistance of the department of community, trade, and economic development to mediate any disputes that preclude agreement. If mediation is unsuccessful in resolving all disputes that will lead to agreement, the governor may impose appropriate sanctions from those specified under RCW 36.70A.340 on the county, city, or cities for failure to reach an agreement as provided in this section. The governor shall specify the reason or reasons for the imposition of any sanction.
     (e) No later than July 1, 1992, the legislative authority of each county that was required or chose to plan under RCW 36.70A.040 as of June 1, 1991, or no later than fourteen months after the date the county adopted its resolution of intention or was certified by the office of financial management the county legislative authority of any other county that is required or chooses to plan under RCW 36.70A.040, shall adopt a county-wide planning policy according to the process provided under this section and that is consistent with the agreement pursuant to (b) of this subsection, and after holding a public hearing or hearings on the proposed county-wide planning policy.
     (3) A county-wide planning policy shall at a minimum, address the following:
     (a) Policies to implement RCW 36.70A.110;
     (b) Policies for promotion of contiguous and orderly development and provision of urban services to such development;
     (c) Policies for siting public capital facilities of a county-wide or statewide nature, including transportation facilities of statewide significance as defined in RCW 47.06.140;
     (d) Policies for county-wide transportation facilities and strategies;
     (e) Policies that consider the need for affordable housing, such as housing for all economic segments of the population and parameters for its distribution;
     (f) Policies for joint county and city planning within urban growth areas;
     (g)(i) Policies for regionally coordinated approaches to reducing emissions of greenhouse gases. Policies developed under this subsection (3)(g): (A) Shall require the designation and development of urban centers and other planning actions that promote compact development and efficiently link housing units with transit options for employment and service needs; and (B) may provide for the permanent transfer of development rights from unincorporated rural and natural resource lands to urban growth areas.
     (ii) County-wide planning policies may allocate greenhouse gas emissions and reductions required to meet the goals established in RCW 80.80.020 among counties and cities on a pro rata or other basis. This allocation should consider the documented benefits of accommodating growth within urban centers that provide for compact development, an appropriate mix of uses, transit, and nonmotorized travel choices.
     (iii) Counties subject to subsection (7) of this section and the cities within those counties may include the requirements of this subsection (3)(g) within their multicounty planning policies.
     (iv) This subsection (3)(g) applies only to counties that:
     (A) Plan under RCW 36.70A.040;
     (B) Have a population exceeding fifty thousand; and
     (C) Amend their county-wide planning policies after the effective date of this section;
     (h) Policies for county-wide economic development and employment; and
     (((h))) (i) An analysis of the fiscal impact.
     (4) Federal agencies and Indian tribes may participate in and cooperate with the county-wide planning policy adoption process. Adopted county-wide planning policies shall be adhered to by state agencies.
     (5) Failure to adopt a county-wide planning policy that meets the requirements of this section may result in the imposition of a sanction or sanctions on a county or city within the county, as specified in RCW 36.70A.340. In imposing a sanction or sanctions, the governor shall specify the reasons for failure to adopt a county-wide planning policy in order that any imposed sanction or sanctions are fairly and equitably related to the failure to adopt a county-wide planning policy.
     (6) Cities and the governor may appeal an adopted county-wide planning policy to the growth management hearings board within sixty days of the adoption of the county-wide planning policy.
     (7) Multicounty planning policies shall be adopted by two or more counties, each with a population of four hundred fifty thousand or more, with contiguous urban areas and may be adopted by other counties, according to the process established under this section or other processes agreed to among the counties and cities within the affected counties throughout the multicounty region.

Sec. 6   RCW 36.70A.350 and 1991 sp.s. c 32 s 16 are each amended to read as follows:
     A county required or choosing to plan under RCW 36.70A.040 may establish a process as part of its urban growth areas, that are designated under RCW 36.70A.110, for reviewing proposals to authorize new fully contained communities located outside of the initially designated urban growth areas.
     (1) A new fully contained community may be approved in a county planning under this chapter if criteria including but not limited to the following are met:
     (a) New infrastructure is provided for and impact fees are established consistent with the requirements of RCW 82.02.050;
     (b) Transit-oriented site planning and traffic demand management programs are implemented;
     (c) Buffers are provided between the new fully contained communities and adjacent urban development;
     (d) A mix of uses is provided to offer jobs, housing, and services to the residents of the new community;
     (e) Affordable housing is provided within the new community for a broad range of income levels;
     (f) Environmental protection has been addressed and provided for;
     (g) Development regulations are established to ensure urban growth will not occur in adjacent nonurban areas;
     (h) Provision is made to mitigate impacts on designated agricultural lands, forest lands, and mineral resource lands;
     (i) The plan for the new fully contained community is consistent with the development regulations established for the protection of critical areas by the county pursuant to RCW 36.70A.170;
     (j) An evaluation of the anticipated greenhouse gas emissions associated with the new community has been completed; and
     (k) Measures and requirements to mitigate anticipated greenhouse gas emissions for the new fully contained community have been adopted to comply with emission reductions established in RCW 80.80.020.
     (2) New fully contained communities may be approved outside established urban growth areas only if a county reserves a portion of the twenty-year population projection and offsets the urban growth area accordingly for allocation to new fully contained communities that meet the requirements of this chapter. Any county electing to establish a new community reserve shall do so no more often than once every five years as a part of the designation or review of urban growth areas required by this chapter. The new community reserve shall be allocated on a project-by-project basis, only after specific project approval procedures have been adopted pursuant to this chapter as a development regulation. When a new community reserve is established, urban growth areas designated pursuant to this chapter shall accommodate the unreserved portion of the twenty-year population projection.
     Final approval of an application for a new fully contained community shall be considered an adopted amendment to the comprehensive plan prepared pursuant to RCW 36.70A.070 designating the new fully contained community as an urban growth area.

Sec. 7   RCW 36.70A.360 and 1998 c 112 s 2 are each amended to read as follows:
     (1) Counties that are required or choose to plan under RCW 36.70A.040 may permit master planned resorts which may constitute urban growth outside of urban growth areas as limited by this section. A master planned resort means a self-contained and fully integrated planned unit development, in a setting of significant natural amenities, with primary focus on destination resort facilities consisting of short-term visitor accommodations associated with a range of developed on-site indoor or outdoor recreational facilities.
     (2) Capital facilities, utilities, and services, including those related to sewer, water, storm water, security, fire suppression, and emergency medical, provided on-site shall be limited to meeting the needs of the master planned resort. Such facilities, utilities, and services may be provided to a master planned resort by outside service providers, including municipalities and special purpose districts, provided that all costs associated with service extensions and capacity increases directly attributable to the master planned resort are fully borne by the resort. A master planned resort and service providers may enter into agreements for shared capital facilities and utilities, provided that such facilities and utilities serve only the master planned resort or urban growth areas.
     Nothing in this subsection may be construed as: Establishing an order of priority for processing applications for water right permits, for granting such permits, or for issuing certificates of water right; altering or authorizing in any manner the alteration of the place of use for a water right; or affecting or impairing in any manner whatsoever an existing water right.
     All waters or the use of waters shall be regulated and controlled as provided in chapters 90.03 and 90.44 RCW and not otherwise.
     (3) A master planned resort may include other residential uses within its boundaries, but only if the residential uses are integrated into and support the on-site recreational nature of the resort.
     (4) A master planned resort may be authorized by a county only if:
     (a) The comprehensive plan specifically identifies policies to guide the development of master planned resorts;
     (b) The comprehensive plan and development regulations include restrictions that preclude new urban or suburban land uses in the vicinity of the master planned resort, except in areas otherwise designated for urban growth under RCW 36.70A.110;
     (c) The county includes a finding as a part of the approval process that the land is better suited, and has more long-term importance, for the master planned resort than for carbon sequestration and the commercial harvesting of timber or agricultural production, if located on land that otherwise would be designated as forest land or agricultural land under RCW 36.70A.170;
     (d) The county ensures that the resort plan is consistent with the development regulations established for critical areas; ((and))
     (e) On-site and off-site infrastructure and service impacts are fully considered and mitigated; and
     (f) The county has evaluated and mitigated greenhouse gas emissions associated with the proposed resort and has adopted measures and requirements to mitigate those emissions. Mitigation completed under this subsection (4)(f) must comply with the emission reductions established in RCW 80.80.020.

NEW SECTION.  Sec. 8   A new section is added to chapter 36.70A RCW to read as follows:
     (1) The department shall adopt by rule advisory methodologies and estimates to assist counties and cities in complying with this act. Advisory methodologies and estimates must reflect regional and local variations and the diversity of counties and cities planning under this chapter. At a minimum, the advisory methodologies and estimates must:
     (a) Identify one or more methodologies for inventorying, estimating, and projecting greenhouse gas emissions;
     (b) Identify the greenhouse gas emission reductions that various land use and building measures are estimated to produce. Estimates made under this subsection (1)(b) may be expressed as a methodology or a quantification of probable reductions. The estimates shall consider documented benefits of accommodating growth within urban centers that provide for compact development, appropriate mixes of uses, transit, and nonmotorized travel choices; and
     (c) 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 shall adopt the advisory methodologies and estimates required by this section by December 1, 2009. The methodologies and estimates shall also be updated two years before each completion date established in RCW 36.70A.130(4)(a).
     (3) Counties and cities may use computer programs for inventorying, estimating, and projecting greenhouse gas emissions, and identifying greenhouse gas emissions reductions. Any computer program used for such a purpose must be certified by the department, by rule, as a reasonably accurate forecasting tool. Certified computer programs must include features for: (a) Estimating the number of vehicle miles traveled; (b) estimating the greenhouse gas emissions generated by motor vehicles; and (c) determining measures to reduce greenhouse gas emissions by lessening vehicle travel.
     (4) If a county or city uses the advisory methodologies and estimates required by subsection (1) of this section to adopt: (a) A climate element or an amendment to or update thereof; or (b) development regulations implementing and consistent with a climate element, a growth management hearings board or reviewing court may only review county or city methodologies, estimates of greenhouse gas reductions, and forecasts of greenhouse gas emissions for consistency with the advisory methodologies and estimates.
     (5) If a county or city uses computer programs certified by the department under subsection (3) of this section to adopt: (a) A climate element or an amendment to or update thereof; or (b) development regulations implementing and consistent with a climate element, a growth management hearings board or reviewing court may only review county or city methodologies, estimates of greenhouse gas reductions, and forecasts of greenhouse gas emissions for consistency with the computer program certified by the department.

NEW SECTION.  Sec. 9   A new section is added to chapter 36.70A RCW to read as follows:
     (1) If a high-capacity transportation service is approved by the voters and funded or expanded under chapter 81.104 RCW, counties and cities within the service area must amend their comprehensive plans and development regulations as they apply to areas:
     (a) In high-capacity transportation corridors; and
     (b) Near passenger stations.
     (2) Amendments must provide for mixed-use development with uses, densities, amenities, walking, biking, and transit connections that support the high-capacity service.
     (3) Amendments required by this section must be completed after the applicable transit agency identifies the transportation corridors and stations for the high-capacity service.

NEW SECTION.  Sec. 10   (1) The legislature recognizes that one of the goals of the growth management act is to conserve productive natural resource lands. Among other benefits, these lands extract global warming gases from the atmosphere, a process referred to as carbon sequestration. While the growth management act has realized some successes in achieving this goal, it has not stopped the inappropriate conversion of productive natural resource lands.
     (2) The department of community, trade, and economic development, shall, by December 1, 2008, ensure that revisions to guidelines adopted under RCW 36.70A.050 better protect natural resource lands from conversions to other uses.

NEW SECTION.  Sec. 11   (1) A global warming adaptation pilot program is established. The pilot program shall be administered by the department of community, trade, and economic development. The department shall, through a competitive process, select a county for the pilot program. A county selected for the pilot program may not plan under RCW 36.70A.040, but must have potential to be adversely impacted by global warming through sea-level increases, storms, flooding, and other adverse effects.
     (2) The pilot program must commence by July 1, 2009, and conclude by July 1, 2011. The department shall provide grants and technical assistance to aid the selected county in its efforts to anticipate and address future problems associated with global warming.
     (3) By December 1, 2011, the department shall provide a report to the governor and the appropriate committees of the house of representatives and the senate on pilot program results and measures that could be replicated in counties and cities that do not plan under RCW 36.70A.040.
     (4) This section expires January 1, 2012.

NEW SECTION.  Sec. 12   A new section is added to chapter 36.70A RCW to read as follows:
     By December 1, 2012, and every two years thereafter, the department shall provide a report to the governor and appropriate committees of the house of representatives and the senate on the effects of this act and any recommendations to improve its effectiveness.