Beginning on page 2, line 35, after "only." strike all material through "section." on page 3, line 4, and insert "A local government engaged in processing a proposed fully contained community prior to the effective date of this section, including the initiation of any steps required before the preapplication process for such a proposal may begin, shall determine whether the project proponent has undertaken substantial efforts to proceed with such a proposal under existing adopted comprehensive plan policies and development regulations and has expended substantial sums in furtherance of the proposal. If the local government determines that the project proponent has taken substantial steps to proceed with such a proposal under existing adopted comprehensive plan policies and development regulations and has expended substantial sums in furtherance of the proposal, the provisions of RCW 36.70A.350(2)(h) do not apply to that proposal. This determination by a local government is considered a land use decision as defined in RCW 36.70C.020 and may be challenged under the provisions of the land use petition act, chapter 36.70C RCW. However, the court shall review any challenge to such a determination under the arbitrary and capricious standard of review."