BILL REQ. #: S-3542.1
State of Washington | 61st Legislature | 2010 Regular Session |
Read first time 01/15/10. Referred to Committee on Government Operations & Elections.
AN ACT Relating to standing when filing a petition with a growth management hearings board; and amending RCW 36.70A.280.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 36.70A.280 and 2008 c 289 s 5 are each amended to read
as follows:
(1) A growth management hearings board shall hear and determine
only those petitions alleging either:
(a) That, except as provided otherwise by this subsection, a state
agency, county, or city planning under this chapter is not in
compliance with the requirements of this chapter, chapter 90.58 RCW as
it relates to the adoption of shoreline master programs or amendments
thereto, or chapter 43.21C RCW as it relates to plans, development
regulations, or amendments, adopted under RCW 36.70A.040 or chapter
90.58 RCW. Nothing in this subsection authorizes a board to hear
petitions alleging noncompliance with RCW 36.70A.5801; or
(b) That the twenty-year growth management planning population
projections adopted by the office of financial management pursuant to
RCW 43.62.035 should be adjusted.
(2) A petition may be filed only by: (a) The state, or a county or
city that plans under this chapter; (b) ((a person who has participated
orally or in writing before the county or city regarding the matter on
which a review is being requested; (c))) a person who is certified by
the governor within sixty days of filing the request with the board; or
(((d))) (c) a person qualified pursuant to RCW 34.05.530.
(3) For purposes of this section "person" means any individual,
partnership, corporation, association, state agency, governmental
subdivision or unit thereof, or public or private organization or
entity of any character.
(4) ((To establish participation standing under subsection (2)(b)
of this section, a person must show that his or her participation
before the county or city was reasonably related to the person's issue
as presented to the board.)) When considering a possible adjustment to a growth management
planning population projection prepared by the office of financial
management, a board shall consider the implications of any such
adjustment to the population forecast for the entire state.
(5)
The rationale for any adjustment that is adopted by a board must be
documented and filed with the office of financial management within ten
working days after adoption.
If adjusted by a board, a county growth management planning
population projection shall only be used for the planning purposes set
forth in this chapter and shall be known as a "board adjusted
population projection". None of these changes shall affect the
official state and county population forecasts prepared by the office
of financial management, which shall continue to be used for state
budget and planning purposes.