BILL REQ. #:  H-0252.2 

Read first time 01/12/11.   Referred to Committee on Local Government.

     AN ACT Relating to federal and state government coordination with local governments; adding a new section to chapter 35.21 RCW; adding a new section to chapter 35A.21 RCW; adding a new section to chapter 36.01 RCW; and adding a new chapter to Title 36 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 35.21 RCW to read as follows:
     (1) If the ordinances, regulations, plans, or policies of a city are less restrictive than applicable federal or state laws or requirements, the city must demand, by any lawful means, that the federal or state government coordinate with the city before the federal or state government implements, enforces, expands, or extends the federal or state law or requirement within the jurisdictional boundary of the city. The coordination demand required by this subsection may be waived through a resolution adopted by a majority of the city legislative body.
     (2) If the federal or state government fails to coordinate in good faith with the city, the legislative body of the city must hold two or more public hearings, consider the evidence, and vote on whether to authorize litigation to enforce the coordination rights of the city.
     (3) If a person who resides or conducts business in the state serves each member of the legislative body of the city with a written demand that the city comply with this section, and if within sixty days after service of the demand, the legislative body fails to comply with this section in a manner that causes injury to the person, the person may submit a written demand for a response. Written response demands under this subsection must specify the city ordinance, regulation, plan, or policy with which the federal or state government failed to coordinate. Within thirty days after receiving the written demand for a response under this subsection, the legislative body of the city must hold a public hearing to present information on the decision to not demand coordination.
     (4) The definitions in this subsection apply throughout this section unless the context requires otherwise.
     (a) "City" means an incorporated city or town.
     (b) "Coordinate" means the action necessary to achieve coordination.
     (c) "Coordination" means the process by which the federal or state government seeks in good faith to reach consistency between a federal or state law or requirement and a city ordinance, regulation, plan, or policy.
     (d) "Less restrictive" means a city ordinance, regulation, plan, or policy imposes, or would impose, less of a burden on the exercise of rights, privileges, or immunities enjoyed by individuals, organizations, and businesses within the jurisdictional boundaries of the city.

NEW SECTION.  Sec. 2   A new section is added to chapter 35A.21 RCW to read as follows:
     (1) If the ordinances, regulations, plans, or policies of a city are less restrictive than applicable federal or state laws or requirements, the city must demand, by any lawful means, that the federal or state government coordinate with the city before the federal or state government implements, enforces, expands, or extends the federal or state law or requirement within the jurisdictional boundary of the city. The coordination demand required by this subsection may be waived through a resolution adopted by a majority of the city legislative body.
     (2) If the federal or state government fails to coordinate in good faith with the city, the legislative body of the city must hold two or more public hearings, consider the evidence, and vote on whether to authorize litigation to enforce the coordination rights of the city.
     (3) If a person who resides or conducts business in the state serves each member of the legislative body of the city with a written demand that the city comply with this section, and if within sixty days after service of the demand, the legislative body fails to comply with this section in a manner that causes injury to the person, the person may submit a written demand for a response. Written response demands under this subsection must specify the city ordinance, regulation, plan, or policy with which the federal or state government failed to coordinate. Within thirty days after receiving the written demand for a response under this subsection, the legislative body of the city must hold a public hearing to present information on the decision to not demand coordination.
     (4) The definitions in this subsection apply throughout this section unless the context requires otherwise.
     (a) "City" means any noncharter code city or charter code city.
     (b) "Coordinate" means the action necessary to achieve coordination.
     (c) "Coordination" means the process by which the federal or state government seeks in good faith to reach consistency between a federal or state law or requirement and a city ordinance, regulation, plan, or policy.
     (d) "Less restrictive" means a city ordinance, regulation, plan, or policy imposes, or would impose, less of a burden on the exercise of rights, privileges, or immunities enjoyed by individuals, organizations, and businesses within the jurisdictional boundaries of the city.

NEW SECTION.  Sec. 3   A new section is added to chapter 36.01 RCW to read as follows:
     (1) If the ordinances, regulations, plans, or policies of a county are less restrictive than applicable federal or state laws or requirements, the county must demand, by any lawful means, that the federal or state government coordinate with the county before the federal or state government implements, enforces, expands, or extends the federal or state law or requirement within the jurisdictional boundary of the county. The coordination demand required by this subsection may be waived through a resolution adopted by a majority of the county legislative body.
     (2) If the federal or state government fails to coordinate in good faith with the county, the legislative body of the county must hold two or more public hearings, consider the evidence, and vote on whether to authorize litigation to enforce the coordination rights of the county.
     (3) If a person who resides or conducts business in the state serves each member of the legislative body of the county with a written demand that the county comply with this section, and if within sixty days after service of the demand, the legislative body fails to comply with this section in a manner that causes injury to the person, the person may submit a written demand for a response. Written response demands under this subsection must specify the county ordinance, regulation, plan, or policy with which the federal or state government failed to coordinate. Within thirty days after receiving the written demand for a response under this subsection, the legislative body of the county must hold a public hearing to present information on the decision to not demand coordination.
     (4) The definitions in this subsection apply throughout this section unless the context requires otherwise.
     (a) "Coordinate" means the action necessary to achieve coordination.
     (b) "Coordination" means the process by which the federal or state government seeks in good faith to reach consistency between a federal or state law or requirement and a county ordinance, regulation, plan, or policy.
     (c) "Less restrictive" means a county ordinance, regulation, plan, or policy imposes, or would impose, less of a burden on the exercise of rights, privileges, or immunities enjoyed by individuals, organizations, and businesses within the jurisdictional boundaries of the county.

NEW SECTION.  Sec. 4   This chapter applies to any special purpose district. For the purposes of this chapter, "special purpose district" means any statutorily created unit of local government that is not a county or city.

NEW SECTION.  Sec. 5   (1) If the ordinances, regulations, plans, or policies of a special purpose district are less restrictive than applicable federal or state laws or requirements, the special purpose district must demand, by any lawful means, that the federal or state government coordinate with the special purpose district before the federal or state government implements, enforces, expands, or extends the federal or state law or requirement within the jurisdictional boundary of the special purpose district. The coordination demand required by this subsection may be waived through a resolution adopted by a majority of the special purpose district legislative body.
     (2) If the federal or state government fails to coordinate in good faith with the special purpose district, the legislative body of the special purpose district must hold two or more public hearings, consider the evidence, and vote on whether to authorize litigation to enforce the coordination rights of the special purpose district.
     (3) If a person who resides or conducts business in the state serves each member of the legislative body of the special purpose district with a written demand that the special purpose district comply with this section, and if within sixty days after service of the demand, the legislative body fails to comply with this section in a manner that causes injury to the person, the person may submit a written demand for a response. Written response demands under this subsection must specify the special purpose district ordinance, regulation, plan, or policy with which the federal or state government failed to coordinate. Within thirty days after receiving the written demand for a response under this subsection, the legislative body of the special purpose district must hold a public hearing to present information on the decision to not demand coordination.
     (4) The definitions in this subsection apply throughout this section unless the context requires otherwise.
     (a) "Coordinate" means the action necessary to achieve coordination.
     (b) "Coordination" means the process by which the federal or state government seeks in good faith to reach consistency between a federal or state law or requirement and a special purpose district ordinance, regulation, plan, or policy.
     (d) "Less restrictive" means a special purpose district ordinance, regulation, plan, or policy imposes, or would impose, less of a burden on the exercise of rights, privileges, or immunities enjoyed by individuals, organizations, and businesses within the jurisdictional boundaries of the special purpose district.

NEW SECTION.  Sec. 6   Sections 4 and 5 of this act constitute a new chapter in Title 36 RCW.