BILL REQ. #: H-3669.3
| State of Washington | 62nd Legislature | 2012 Regular Session |
Read first time 01/19/12. Referred to Committee on Local Government.
AN ACT Relating to reducing nontax administration costs associated with the conduct of city and county operations; amending RCW 43.09.260, 41.56.465, 41.56.030, 82.02.060, 90.48.260, 46.61.687, 35.22.288, 35A.12.160, 36.72.071, 36.22.020, 36.29.010, 36.32.120, 36.32.235, 36.32.245, 36.32.250, 36.34.020, 36.34.090, 36.34.160, 36.34.170, 36.35.120, 36.35.180, 36.36.020, 36.38.030, 36.40.060, 36.40.100, 36.40.140, 36.55.040, 36.58.090, 36.58.110, 36.58A.020, 36.60.020, 36.60.120, 36.61.040, 36.61.100, 36.61.190, 36.68.440, 36.68.470, 36.69.040, 36.69.230, 36.69.280, 36.70.390, 36.70.430, 36.70.440, 36.70.590, 36.70A.035, 36.70A.367, 36.73.050, 36.75.270, 36.81.070, 36.82.190, 36.83.020, 36.87.050, 36.88.030, and 36.88.050; reenacting and amending RCW 46.61.688, 36.70B.110, and 36.77.070; creating new sections; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 (1) The legislature recognizes that
declining tax revenues, decreasing federal and state aid, and
increasing demands for services have forced city and county governments
to make difficult choices about the types and scale of services
provided to citizens, businesses, and employees. The legislature also
recognizes that cities and counties, while responding to these fiscal
pressures, continue the challenging and critical responsibilities of
balancing community needs with those advanced and required by the
state.
(2) In recognition of the impacts to city and county governments
resulting from declining tax revenues, decreasing aid, and increasing
service demands, the legislature intends to provide cities and counties
with policy options and directives for reducing their nontax
administration operating costs.
Sec. 2 RCW 43.09.260 and 2009 c 564 s 927 are each amended to
read as follows:
(1) Except as provided otherwise by this section, the examination
of the financial affairs of all local governments ((shall)) must be
made at such reasonable, periodic intervals as the state auditor shall
determine. However, an examination of the financial affairs of all
local governments, excepting counties and cities, shall be made at
least once ((in)) every three years, and an examination of individual
local government health and welfare benefit plans and local government
self-insurance programs ((shall)) must be made at least once every two
years. An examination of county and city financial affairs may only be
made once every three years.
(2) ((During the 2009-2011 fiscal biennium, the state auditor shall
conduct audits no more often than once every two years of local
governments with annual general fund revenues of ten million dollars or
less and no findings of impropriety for the three-year period
immediately preceding the audit period.)) This ((subsection)) section
does not prohibit the state auditor from conducting audits:
(a) To address suspected fraud or irregular conduct;
(b) At the request of the local government governing body; ((or))
(c) As required by federal laws or regulations; or
(d) For local governments, including counties and cities, that had
a finding involving a significant violation of state law or weakness in
internal controls in the preceding year.
(3) Unless the context or express provisions provide otherwise, the
term local governments, for purposes of this chapter, includes but is
not limited to all counties, cities, and other political subdivisions,
municipal corporations, and quasi-municipal corporations, however
denominated.
(4) ((The state auditor shall establish a schedule to govern the
auditing of local governments which shall include: A designation of
the various classifications of local governments; a designation of the
frequency for auditing each type of local government; and a description
of events which cause a more frequent audit to be conducted.)) On every such examination, inquiry ((
(5)shall)) must be made as
to the financial condition and resources of the local government;
whether the Constitution and laws of the state, the ordinances and
orders of the local government, and the requirements of the state
auditor have been properly complied with; and into the methods and
accuracy of the accounts and reports.
(((6))) (5) A report of such examination ((shall)) must be made and
filed in the office of state auditor, and one copy ((shall)) must be
transmitted to the local government. A copy of any report containing
findings of noncompliance with state law shall be transmitted to the
attorney general. If any such report discloses malfeasance,
misfeasance, or nonfeasance in office on the part of any public officer
or employee, within thirty days from the receipt of his or her copy of
the report, the attorney general shall institute, in the proper county,
such legal action as is proper in the premises by civil process and
prosecute the same to final determination to carry into effect the
findings of the examination.
(((7))) (6) It ((shall be)) is unlawful for any local government or
the responsible head thereof, to make a settlement or compromise of any
claim arising out of such malfeasance, misfeasance, or nonfeasance, or
any action commenced therefor, or for any court to enter upon any
compromise or settlement of such action, without the written approval
and consent of the attorney general and the state auditor.
Sec. 3 RCW 41.56.465 and 2007 c 278 s 1 are each amended to read
as follows:
(1) In making its determination, the panel shall be mindful of the
legislative purpose enumerated in RCW 41.56.430 and, as additional
standards or guidelines to aid it in reaching a decision, the panel may
not rely on or give undue consideration to past arbitration decisions
when making a determination, but shall consider the following criteria:
(a) The constitutional and statutory authority of the employer;
(b) The budget priorities, as determined by the governing body;
(c) Financial and budgetary constraints;
(d) Internal equity within the organization among employee pay and
benefits;
(e) Stipulations of the parties;
(((c))) (f) The average consumer prices for goods and services,
commonly known as the cost of living;
(((d))) (g) Changes in any of the circumstances under (a) through
(((c))) (f) of this subsection during the pendency of the proceedings;
and
(((e))) (h) Such other factors, not confined to the factors under
(a) through (((d))) (g) of this subsection, that are normally or
traditionally taken into consideration in the determination of wages,
hours, and conditions of employment. For those employees listed in RCW
41.56.030(((7))) (13)(a) who are employed by the governing body of a
city or town with a population of less than fifteen thousand, or a
county with a population of less than seventy thousand, consideration
must also be given to regional differences in the cost of living.
(2) For employees listed in RCW 41.56.030(((7))) (13) (a) through
(d), the panel shall also consider a comparison of the wages, hours,
and conditions of employment of personnel involved in the proceedings
with the wages, hours, and conditions of employment of like personnel
of like employers ((of similar size)) on the west coast of the United
States.
(3) For employees listed in RCW 41.56.030(((7))) (13) (e) through
(h), the panel shall also consider a comparison of the wages, hours,
and conditions of employment of personnel involved in the proceedings
with the wages, hours, and conditions of employment of like personnel
of public fire departments ((of similar size)) on the west coast of the
United States. However, when an adequate number of comparable
employers exists within the state of Washington, other west coast
employers may not be considered. Like public fire departments are
determined by factors including, but not limited to, population size,
geographic location, financial conditions, population demographics,
workforce size, assessed valuation, and labor market conditions.
(4) For employees listed in RCW 41.56.028:
(a) The panel shall also consider:
(i) A comparison of child care provider subsidy rates and
reimbursement programs by public entities, including counties and
municipalities, along the west coast of the United States; and
(ii) The financial ability of the state to pay for the compensation
and benefit provisions of a collective bargaining agreement; and
(b) The panel may consider:
(i) The public's interest in reducing turnover and increasing
retention of child care providers;
(ii) The state's interest in promoting, through education and
training, a stable child care workforce to provide quality and reliable
child care from all providers throughout the state; and
(iii) In addition, for employees exempt from licensing under
chapter 74.15 RCW, the state's fiscal interest in reducing reliance
upon public benefit programs including but not limited to medical
coupons, food stamps, subsidized housing, and emergency medical
services.
(5) For employees listed in RCW 74.39A.270:
(a) The panel shall consider:
(i) A comparison of wages, hours, and conditions of employment of
publicly reimbursed personnel providing similar services to similar
clients, including clients who are elderly, frail, or have
developmental disabilities, both in the state and across the United
States; and
(ii) The financial ability of the state to pay for the compensation
and fringe benefit provisions of a collective bargaining agreement; and
(b) The panel may consider:
(i) A comparison of wages, hours, and conditions of employment of
publicly employed personnel providing similar services to similar
clients, including clients who are elderly, frail, or have
developmental disabilities, both in the state and across the United
States;
(ii) The state's interest in promoting a stable long-term care
workforce to provide quality and reliable care to vulnerable elderly
and disabled recipients;
(iii) The state's interest in ensuring access to affordable,
quality health care for all state citizens; and
(iv) The state's fiscal interest in reducing reliance upon public
benefit programs including but not limited to medical coupons, food
stamps, subsidized housing, and emergency medical services.
(6) Subsections (2) and (3) of this section may not be construed to
authorize the panel to require the employer to pay, directly or
indirectly, the increased employee contributions resulting from chapter
502, Laws of 1993 or chapter 517, Laws of 1993 as required under
chapter 41.26 RCW.
Sec. 4 RCW 41.56.030 and 2011 1st sp.s. c 21 s 11 are each
amended to read as follows:
As used in this chapter:
(1) "Adult family home provider" means a provider as defined in RCW
70.128.010 who receives payments from the medicaid and state-funded
long-term care programs.
(2) "Bargaining representative" means any lawful organization which
has as one of its primary purposes the representation of employees in
their employment relations with employers.
(3) "Child care subsidy" means a payment from the state through a
child care subsidy program established pursuant to RCW 74.12.340 or
74.08A.340, 45 C.F.R. Sec. 98.1 through 98.17, or any successor
program.
(4) "Collective bargaining" means the performance of the mutual
obligations of the public employer and the exclusive bargaining
representative to meet at reasonable times, to confer and negotiate in
good faith, and to execute a written agreement with respect to
grievance procedures and collective negotiations on personnel matters,
including wages, hours and working conditions, which may be peculiar to
an appropriate bargaining unit of such public employer, but excluding
the use of volunteers by counties and cities, except that by such
obligation neither party shall be compelled to agree to a proposal or
be required to make a concession unless otherwise provided in this
chapter.
(5) "Commission" means the public employment relations commission.
(6) "Executive director" means the executive director of the
commission.
(7) "Family child care provider" means a person who: (a) Provides
regularly scheduled care for a child or children in the home of the
provider or in the home of the child or children for periods of less
than twenty-four hours or, if necessary due to the nature of the
parent's work, for periods equal to or greater than twenty-four hours;
(b) receives child care subsidies; and (c) is either licensed by the
state under RCW 74.15.030 or is exempt from licensing under chapter
74.15 RCW.
(8) "Individual provider" means an individual provider as defined
in RCW 74.39A.240(4) who, solely for the purposes of collective
bargaining, is a public employee as provided in RCW 74.39A.270.
(9) "Institution of higher education" means the University of
Washington, Washington State University, Central Washington University,
Eastern Washington University, Western Washington University, The
Evergreen State College, and the various state community colleges.
(10)(a) "Language access provider" means any independent contractor
who provides spoken language interpreter services for department of
social and health services appointments or medicaid enrollee
appointments, or provided these services on or after January 1, 2009,
and before June 10, 2010, whether paid by a broker, language access
agency, or the department.
(b) "Language access provider" does not mean an owner, manager, or
employee of a broker or a language access agency.
(11) "Public employee" means any employee of a public employer
except any person (a) elected by popular vote, or (b) appointed to
office pursuant to statute, ordinance or resolution for a specified
term of office as a member of a multimember board, commission, or
committee, whether appointed by the executive head or body of the
public employer, or (c) whose duties as deputy, administrative
assistant or secretary necessarily imply a confidential relationship to
(i) the executive head or body of the applicable bargaining unit, or
(ii) any person elected by popular vote, or (iii) any person appointed
to office pursuant to statute, ordinance or resolution for a specified
term of office as a member of a multimember board, commission, or
committee, whether appointed by the executive head or body of the
public employer, or (d) who is a court commissioner or a court
magistrate of superior court, district court, or a department of a
district court organized under chapter 3.46 RCW, or (e) who is a
personal assistant to a district court judge, superior court judge, or
court commissioner. For the purpose of (e) of this subsection, no more
than one assistant for each judge or commissioner may be excluded from
a bargaining unit.
(12) "Public employer" means any officer, board, commission,
council, or other person or body acting on behalf of any public body
governed by this chapter, or any subdivision of such public body. For
the purposes of this section, the public employer of district court or
superior court employees for wage-related matters is the respective
county legislative authority, or person or body acting on behalf of the
legislative authority, and the public employer for nonwage-related
matters is the judge or judge's designee of the respective district
court or superior court.
(13) "Uniformed personnel" means: (a) Law enforcement officers as
defined in RCW 41.26.030 employed by the governing body of any city or
town with a population of two thousand five hundred or more and law
enforcement officers employed by the governing body of any county with
a population of ten thousand or more; (b) correctional employees who
are uniformed and nonuniformed, commissioned and noncommissioned
security personnel employed in a jail as defined in RCW 70.48.020(9),
by a county with a population of seventy thousand or more, and who are
trained for and charged with the responsibility of controlling and
maintaining custody of inmates in the jail and safeguarding inmates
from other inmates; (c) general authority Washington peace officers as
defined in RCW 10.93.020 employed by a port district in a county with
a population of one million or more; (d) security forces established
under RCW 43.52.520; (e) firefighters as that term is defined in RCW
41.26.030; (f) employees of a port district in a county with a
population of one million or more whose duties include crash fire
rescue or other firefighting duties; (g) employees of fire departments
of public employers who dispatch exclusively either fire or emergency
medical services, or both; or (h) employees in the several classes of
advanced life support technicians, as defined in RCW 18.71.200, who are
employed by a public employer.
Sec. 5 RCW 82.02.060 and 1990 1st ex.s. c 17 s 44 are each
amended to read as follows:
The local ordinance by which impact fees are imposed:
(1) Shall include a schedule of impact fees which shall be adopted
for each type of development activity that is subject to impact fees,
specifying the amount of the impact fee to be imposed for each type of
system improvement. The schedule shall be based upon a formula or
other method of calculating such impact fees. In determining
proportionate share, the formula or other method of calculating impact
fees shall incorporate, among other things, the following:
(a) The cost of public facilities necessitated by new development;
(b) An adjustment to the cost of the public facilities for past or
future payments made or reasonably anticipated to be made by new
development to pay for particular system improvements in the form of
user fees, debt service payments, taxes, or other payments earmarked
for or proratable to the particular system improvement;
(c) The availability of other means of funding public facility
improvements;
(d) The cost of existing public facilities improvements; and
(e) The methods by which public facilities improvements were
financed;
(2) May provide an exemption for low-income housing((,)) and other
development activities with broad public purposes((,)) from these
impact fees, provided that the impact fees for ((such)) development
((activity)) activities with broad public purposes shall be paid from
public funds other than impact fee accounts. Local governments that
grant exemptions for low-income housing under this subsection (2) are
not obligated to pay the exempted fees. An exemption for low-income
housing granted under this subsection (2) must be conditioned upon
requiring the developer to record a covenant that, except as provided
otherwise by this subsection, prohibits using the property for any
purpose other than for low-income housing. At a minimum, the covenant
must address price restrictions and household income limits for the
low-income housing, and that if the property is converted to a use
other than for low-income housing, the property owner must pay the
applicable impact fees in effect at the time of conversion. Covenants
required by this subsection must be recorded with the applicable county
auditor or recording officer. A local government granting an exemption
under this subsection for low-income housing may not collect revenue
lost through granting an exemption by increasing impact fees unrelated
to the exemption. For purposes of this subsection (2), "low-income
housing" means housing with a monthly housing expense that is no more
than thirty percent of eighty percent of the median family income
adjusted for family size, for the county where the project is located,
as reported by the United States department of housing and urban
development;
(3) Shall provide a credit for the value of any dedication of land
for, improvement to, or new construction of any system improvements
provided by the developer, to facilities that are identified in the
capital facilities plan and that are required by the county, city, or
town as a condition of approving the development activity;
(4) Shall allow the county, city, or town imposing the impact fees
to adjust the standard impact fee at the time the fee is imposed to
consider unusual circumstances in specific cases to ensure that impact
fees are imposed fairly;
(5) Shall include a provision for calculating the amount of the fee
to be imposed on a particular development that permits consideration of
studies and data submitted by the developer to adjust the amount of the
fee;
(6) Shall establish one or more reasonable service areas within
which it shall calculate and impose impact fees for various land use
categories per unit of development; and
(7) May provide for the imposition of an impact fee for system
improvement costs previously incurred by a county, city, or town to the
extent that new growth and development will be served by the previously
constructed improvements provided such fee shall not be imposed to make
up for any system improvement deficiencies.
Sec. 6 RCW 90.48.260 and 2011 c 353 s 12 are each amended to read
as follows:
(1) The department of ecology is hereby designated as the state
water pollution control agency for all purposes of the federal clean
water act as it exists on February 4, 1987, and is hereby authorized to
participate fully in the programs of the act as well as to take all
action necessary to secure to the state the benefits and to meet the
requirements of that act. With regard to the national estuary program
established by section 320 of that act, the department shall exercise
its responsibility jointly with the Puget Sound partnership, created in
RCW 90.71.210. The department of ecology may delegate its authority
under this chapter, including its national pollutant discharge
elimination permit system authority and duties regarding animal feeding
operations and concentrated animal feeding operations, to the
department of agriculture through a memorandum of understanding. Until
any such delegation receives federal approval, the department of
agriculture's adoption or issuance of animal feeding operation and
concentrated animal feeding operation rules, permits, programs, and
directives pertaining to water quality shall be accomplished after
reaching agreement with the director of the department of ecology.
Adoption or issuance and implementation shall be accomplished so that
compliance with such animal feeding operation and concentrated animal
feeding operation rules, permits, programs, and directives will achieve
compliance with all federal and state water pollution control laws.
The powers granted herein include, among others, and notwithstanding
any other provisions of this chapter ((90.48 RCW)) or otherwise, the
following:
(a) Complete authority to establish and administer a comprehensive
state point source waste discharge or pollution discharge elimination
permit program which will enable the department to qualify for full
participation in any national waste discharge or pollution discharge
elimination permit system and will allow the department to be the sole
agency issuing permits required by such national system operating in
the state of Washington subject to the provisions of RCW 90.48.262(2).
Program elements authorized herein may include, but are not limited to:
(i) Effluent treatment and limitation requirements together with timing
requirements related thereto; (ii) applicable receiving water quality
standards requirements; (iii) requirements of standards of performance
for new sources; (iv) pretreatment requirements; (v) termination and
modification of permits for cause; (vi) requirements for public notices
and opportunities for public hearings; (vii) appropriate relationships
with the secretary of the army in the administration of his
responsibilities which relate to anchorage and navigation, with the
administrator of the environmental protection agency in the performance
of his duties, and with other governmental officials under the federal
clean water act; (viii) requirements for inspection, monitoring, entry,
and reporting; (ix) enforcement of the program through penalties,
emergency powers, and criminal sanctions; (x) a continuing planning
process; and (xi) user charges.
(b) The power to establish and administer state programs in a
manner which will insure the procurement of moneys, whether in the form
of grants, loans, or otherwise; to assist in the construction,
operation, and maintenance of various water pollution control
facilities and works; and the administering of various state water
pollution control management, regulatory, and enforcement programs.
(c) The power to develop and implement appropriate programs
pertaining to continuing planning processes, area-wide waste treatment
management plans, and basin planning.
The governor shall have authority to perform those actions required
of him or her by the federal clean water act.
(2) By July 31, 2012, the department shall:
(a) Reissue without modification and for a term of one year any
national pollutant discharge elimination system municipal storm water
general permit first issued on January 17, 2007; and
(b) Issue an updated national pollutant discharge elimination
system municipal storm water general permit for any permit first issued
on January 17, 2007. An updated permit issued under this subsection
shall become effective beginning August 1, 2013.
(3) For phase II permittees located west of the crest of the
Cascade mountains, the issuance of a permit under subsection (2)(b) of
this section must include a process providing for the following:
(a) Technical training regarding the benefits of low-impact
development including, but not limited to, when the use of low-impact
development is appropriate and feasible, and the design, installation,
maintenance, and best practices of low-impact development. The
technical training required by this subsection (3)(a) must be provided
by the department of commerce, and the Washington State University
extension LID technical training program or equivalent organization,
and must be provided to phase II permittees and the private development
community including builders, engineers, and other industry
professionals. The training required by this subsection (3)(a) must be
sequenced geographically and provided in time for local jurisdictions
to comply with (b) of this subsection and RCW 36.70A.130(5); and
(b) In accordance with the schedule established in this subsection
(3)(b), a review and revision by phase II permittees of their local
development-related codes, rules, standards, or other enforceable
documents to remove barriers to, and to specifically authorize, the
application of low-impact development principles and low-impact
development best management practices in new and redevelopment. In
completing this review, the permittees shall identify opportunities to
minimize impervious surfaces, native vegetation loss, and storm water
runoff in all categories of developments. The local jurisdiction, in
completing this review, retains authority to preserve development
regulations or other codes necessary to protect public safety,
community character, and to implement other priorities of the
jurisdiction. The requirements of this subsection (3)(b) must be
completed in accordance with the following schedule:
(i) On or before June 30, 2015, for phase II permittees in King,
Pierce, and Snohomish counties;
(ii) On or before June 30, 2016, for phase II permittees in
Clallam, Clark, Island, Jefferson, Kitsap, Mason, San Juan, Skagit,
Thurston, and Whatcom counties;
(iii) On or before June 30, 2017, for phase II permittees in
Cowlitz, Lewis, and Skamania counties; and
(iv) On or before June 30, 2018, for phase II permittees in Grays
Harbor, Pacific, and Wahkiakum counties.
(4) A permit issued under subsection (2)(b) of this section must:
(a) Authorize incentives to permittees to require low-impact
development, and must include:
(i) Incentives for reduced catch basin inspection frequency, not to
exceed once per permit cycle;
(ii) Incentives for a twenty-five percent reduction in dues to any
regional monitoring program; and
(iii) A priority for competitive storm water grants issued by the
department of ecology;
(b) Authorize permittees to offer the following incentives to
prospective developers who use low-impact development techniques and
best practices consistent with the permit:
(i) The creation of a dedicated low-impact development review team
in a jurisdiction or an expedited review;
(ii) Adjustments to bulk, dimensional, or height restrictions;
(iii) Adjustments to parking requirements;
(iv) Public recognition;
(v) Reduced application fees; and
(vi) The authority to site low-impact development facilities within
critical areas buffers of wetlands and streams;
(c) Specify that jurisdictions become eligible for the incentives
in (a)(i) through (iii) of this subsection if:
(i) The jurisdiction requires low-impact development, where
feasible, in more than fifty percent of an area subject to a permit and
zoned for development and offers two or more of the incentives in (b)
of this subsection; or
(ii) The department of ecology certifies the jurisdiction's
eligibility based on the strength of a different incentive program;
(d) Specify that the review and revision of local development codes
as directed under subsection (3)(b) of this section is a requirement
under this chapter, not the federal clean water act;
(e) Maintain the option for jurisdictions to provide for a
distinction in storm water treatment responsibility for developments
above and below one acre in size; and
(f) Obligate the department of ecology to develop model practices
and multiple options for jurisdictions to ensure ongoing maintenance of
storm water treatment and control facilities owned by private parties
at a low cost and liability for permittees. These options must be
available and tested before they become a permit obligation.
(5) For phase II permittees located east of the crest of the
Cascade mountains, the permit issued under subsection (2)(b) of this
section must provide for the following:
(a) A process for the department of ecology to develop, throughout
the course of the next permit, a collaborative program to monitor the
effectiveness of storm water treatments required by the updated
national pollutant discharge elimination system municipal storm water
general permit; and
(b) An option for jurisdictions to elect to have the department of
ecology perform any responsibilities related to measuring the
effectiveness of public education and outreach techniques.
(6) In preparation for subsequent updated national pollutant
discharge elimination system municipal storm water general permits, the
department of ecology shall review the experiences of the jurisdictions
selecting and not selecting to incentivize and require low-impact
development when considering whether and how to expand requirements
related to low-impact development.
Sec. 7 RCW 46.61.687 and 2007 c 510 s 4 are each amended to read
as follows:
(1) Whenever a child who is less than sixteen years of age is being
transported in a motor vehicle that is in operation and that is
required by RCW 46.37.510 to be equipped with a safety belt system in
a passenger seating position, or is being transported in a neighborhood
electric vehicle or medium-speed electric vehicle that is in operation,
the driver of the vehicle shall keep the child properly restrained as
follows:
(a) A child must be restrained in a child restraint system, if the
passenger seating position equipped with a safety belt system allows
sufficient space for installation, until the child is eight years old,
unless the child is four feet nine inches or taller. The child
restraint system must comply with standards of the United States
department of transportation and must be secured in the vehicle in
accordance with instructions of the vehicle manufacturer and the child
restraint system manufacturer.
(b) A child who is eight years of age or older or four feet nine
inches or taller shall be properly restrained with the motor vehicle's
safety belt properly adjusted and fastened around the child's body or
an appropriately fitting child restraint system.
(c) The driver of a vehicle transporting a child who is under
thirteen years old shall transport the child in the back seat positions
in the vehicle where it is practical to do so.
(2) Enforcement of subsection (1) of this section is subject to a
visual inspection by law enforcement to determine if the child
restraint system in use is appropriate for the child's individual
height, weight, and age. The visual inspection for usage of a child
restraint system must ensure that the child restraint system is being
used in accordance with the instruction of the vehicle and the child
restraint system manufacturers. The driver of a vehicle transporting
a child who is under thirteen years old shall transport the child in
the back seat positions in the vehicle where it is practical to do so.
(3) A person violating subsection (1) of this section may be issued
a notice of traffic infraction under chapter 46.63 RCW. If the person
to whom the notice was issued presents proof of acquisition of an
approved child passenger restraint system or a child booster seat, as
appropriate, within seven days to the jurisdiction issuing the notice
and the person has not previously had a violation of this section
dismissed, the jurisdiction shall dismiss the notice of traffic
infraction.
(4) Failure to comply with ((the)) any requirements of this section
((shall not constitute negligence by a parent or legal guardian.
Failure to use a child restraint system shall not)) may be admissible
((as evidence of negligence)) in any civil action.
(5) This section does not apply to: (a) For hire vehicles, (b)
vehicles designed to transport sixteen or less passengers, including
the driver, operated by auto transportation companies, as defined in
RCW 81.68.010, (c) vehicles providing customer shuttle service between
parking, convention, and hotel facilities, and airport terminals, and
(d) school buses.
(6) As used in this section, "child restraint system" means a child
passenger restraint system that meets the Federal Motor Vehicle Safety
Standards set forth in 49 C.F.R. 571.213.
(7) The requirements of subsection (1) of this section do not apply
in any seating position where there is only a lap belt available and
the child weighs more than forty pounds.
(8)(a) Except as provided in (b) of this subsection, a person who
has a current national certification as a child passenger safety
technician and who in good faith provides inspection, adjustment, or
educational services regarding child passenger restraint systems is not
liable for civil damages resulting from any act or omission in
providing the services, other than acts or omissions constituting gross
negligence or willful or wanton misconduct.
(b) The immunity provided in this subsection does not apply to a
certified child passenger safety technician who is employed by a
retailer of child passenger restraint systems and who, during his or
her hours of employment and while being compensated, provides
inspection, adjustment, or educational services regarding child
passenger restraint systems.
Sec. 8 RCW 46.61.688 and 2009 c 275 s 8 are each reenacted and
amended to read as follows:
(1) For the purposes of this section, "motor vehicle" includes:
(a) "Buses," meaning motor vehicles with motive power, except
trailers, designed to carry more than ten passengers;
(b) "Medium-speed electric vehicle" meaning a self-propelled,
electrically powered four-wheeled motor vehicle, equipped with a roll
cage or crush-proof body design, whose speed attainable in one mile is
more than thirty miles per hour but not more than thirty-five miles per
hour and otherwise meets or exceeds the federal regulations set forth
in 49 C.F.R. Sec. 571.500;
(c) "Motorcycle," meaning a three-wheeled motor vehicle that is
designed (i) so that the driver rides on a seat in a partially or
completely enclosed seating area that is equipped with safety belts and
(ii) to be steered with a steering wheel;
(d) "Multipurpose passenger vehicles," meaning motor vehicles with
motive power, except trailers, designed to carry ten persons or less
that are constructed either on a truck chassis or with special features
for occasional off-road operation;
(e) "Neighborhood electric vehicle," meaning a self-propelled,
electrically powered four-wheeled motor vehicle whose speed attainable
in one mile is more than twenty miles per hour and not more than
twenty-five miles per hour and conforms to federal regulations under 49
C.F.R. Sec. 571.500;
(f) "Passenger cars," meaning motor vehicles with motive power,
except multipurpose passenger vehicles, motorcycles, or trailers,
designed for carrying ten passengers or less; and
(g) "Trucks," meaning motor vehicles with motive power, except
trailers, designed primarily for the transportation of property.
(2)(a) This section only applies to:
(i) Motor vehicles that meet the manual seat belt safety standards
as set forth in 49 C.F.R. Sec. 571.208;
(ii) Motorcycles, when equipped with safety belts that meet the
standards set forth in 49 C.F.R. Part 571; and
(iii) Neighborhood electric vehicles and medium-speed electric
vehicles that meet the seat belt standards as set forth in 49 C.F.R.
Sec. 571.500.
(b) This section does not apply to a vehicle occupant for whom no
safety belt is available when all designated seating positions as
required under 49 C.F.R. Part 571 are occupied.
(3) Every person sixteen years of age or older operating or riding
in a motor vehicle shall wear the safety belt assembly in a properly
adjusted and securely fastened manner.
(4) No person may operate a motor vehicle unless all child
passengers under the age of sixteen years are either: (a) Wearing a
safety belt assembly or (b) are securely fastened into an approved
child restraint device.
(5) A person violating this section shall be issued a notice of
traffic infraction under chapter 46.63 RCW. A finding that a person
has committed a traffic infraction under this section shall be
contained in the driver's abstract but shall not be available to
insurance companies or employers.
(6) Failure to comply with ((the)) any requirements of this section
((does not constitute negligence, nor may failure to wear a safety belt
assembly)) may be admissible ((as evidence of negligence)) in any civil
action.
(7) This section does not apply to an operator or passenger who
possesses written verification from a licensed physician that the
operator or passenger is unable to wear a safety belt for physical or
medical reasons.
(8) The state patrol may adopt rules exempting operators or
occupants of farm vehicles, construction equipment, and vehicles that
are required to make frequent stops from the requirement of wearing
safety belts.
NEW SECTION. Sec. 9 (1) The department of health must convene a
work group of public health partners, to include counties, cities, and
local health jurisdictions, to develop recommendations to the
legislature on preferred funding and service delivery methods that
ensure a cost-effective, nimble, responsive, and sustainable public
health system throughout Washington. The work group shall review a
variety of funding, governance, and service delivery models to help
develop the recommendations, and shall make recommendations on the
regionalization of certain services delivered by local health
jurisdictions that will save five million dollars in state public
health support during the 2011-2013 fiscal biennium.
(2) The department and the public health partners shall share in
the costs related to this work group. The department shall use
existing communication technology and tools to enable the work group to
perform its duties in the most cost-effective manner possible. The
work group shall use existing public facilities for meetings and shall
submit its recommendations to the legislature by January 1, 2013.
(3) This section expires June 30, 2013.
Sec. 10 RCW 35.22.288 and 1994 c 273 s 7 are each amended to read
as follows:
(1) Promptly after adoption, the text of each ordinance ((or)) must
be posted on the city's web site and available as a paper copy at a
location designated by the city legislative authority. Additionally,
and promptly after adoption, the city shall publish a summary of the
content of each ordinance ((shall be published)) at least once in the
official newspaper of the city.
(2) For purposes of this section, a summary ((shall mean)) is a
brief description ((which)) of fifty or fewer words that succinctly
describes the main points of the ordinance. Publication of the title
of an ordinance authorizing the issuance of bonds, notes, or other
evidences of indebtedness shall constitute publication of a summary of
that ordinance. When the city publishes a summary, the publication
shall include a statement that the full text of the ordinance is
available through the city's web site and will be mailed upon request.
((An inadvertent mistake or omission in publishing the text or a
summary of the content of)) (3) A failure to publish an ordinance shall
not render the ordinance invalid.
(4) In addition to the requirement that a city publish the text or
a summary of the content of each adopted ordinance, every city shall
establish a procedure for notifying the public of upcoming hearings and
the preliminary agenda for the forthcoming council meeting. Such
procedure may include, but ((not be)) is neither required nor limited
to, posting on the city's web site, written notification to the city's
official newspaper, publication of a notice in the official newspaper,
posting of upcoming council meeting agendas, or such other processes as
the city determines will satisfy the intent of this requirement.
Sec. 11 RCW 35A.12.160 and 1994 c 273 s 15 are each amended to
read as follows:
(1) Promptly after adoption, the text of each ordinance ((or)) must
be posted on the city's web site and available as a paper copy at a
location designated by the city legislative authority. Additionally,
and promptly after adoption, the city shall publish a summary of the
content of each ordinance ((shall be published)) at least once in the
city's official newspaper.
(2) For purposes of this section, a summary ((shall mean)) is a
brief description ((which)) of fifty or fewer words that succinctly
describes the main points of the ordinance. Publication of the title
of an ordinance authorizing the issuance of bonds, notes, or other
evidences of indebtedness shall constitute publication of a summary of
that ordinance. When the city publishes a summary, the publication
shall include a statement that the full text of the ordinance is
available through the city's web site and will be mailed upon request.
((An inadvertent mistake or omission in publishing the text or a
summary of the content of)) (3) A failure to publish an ordinance shall
not render the ordinance invalid.
(4) In addition to the requirement that a city publish the text or
a summary of the content of each adopted ordinance, every city shall
establish a procedure for notifying the public of upcoming hearings and
the preliminary agenda for the forthcoming council meeting. Such
procedure may include, but ((not be)) is neither required nor limited
to, posting on the city's web site, written notification to the city's
official newspaper, publication of a notice in the official newspaper,
posting of upcoming council meeting agendas, or such other processes as
the city determines will satisfy the intent of this requirement.
Sec. 12 RCW 36.72.071 and 1977 c 34 s 1 are each amended to read
as follows:
((All county officers shall cause all legal notices and delinquent
tax lists to be advertised in the official county newspaper designated
by the county legislative authority.)) (1) In accordance with
applicable time frame requirements, the text of each legal or official
notice and each delinquent tax list must be posted on the county's web
site and available as a paper copy at a location designated by the
county legislative authority. Additionally, and in accordance with
applicable time frame requirements, the county shall publish a summary
of the content of each legal or official notice and each delinquent tax
list in the official county newspaper designated by the county
legislative authority. This section does not prohibit a county from
publishing the full text of legal or official notices and delinquent
tax lists in the official county newspaper.
(2) For purposes of this section, a summary is a brief description
of fifty or fewer words that succinctly describes the main points of
the legal notice, official notice, or delinquent tax list. Publication
of the title of an ordinance authorizing the issuance of bonds, notes,
or other evidence of indebtedness constitutes publication of a summary
of that ordinance. When the county publishes a summary, the summary
shall include a statement that the full text of the legal notice,
official notice, or delinquent tax list is available through the
county's web site and will be mailed upon request.
(3) A failure to publish an ordinance does not render the ordinance
invalid.
Sec. 13 RCW 36.22.020 and 1995 c 194 s 2 are each amended to read
as follows:
It shall be the duty of the county auditor of each county, within
fifteen days after the adjournment of each regular session, to publish
a summary of the proceedings of the legislative authority at such term,
in any newspaper published in the county or having a general
circulation therein, or the auditor may post copies of such proceedings
in three of the most public places in the county. The seal of the
county commissioners for each county, used by the county auditor as
clerk to attest the proceedings of the legislative authority, shall be
and remain in the custody of the county auditor, and the auditor is
hereby authorized to use such seal in attestation of all official acts,
whether as clerk of the legislative authority, as auditor or recorder
of deeds; and all certificates, exemplifications of records, or other
acts performed as county auditor, certified under the seal of the
county commissioners, pursuant to this section, in this state, shall be
as valid and legally binding as though attested by a seal of office of
the county auditor.
Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 14 RCW 36.29.010 and 2005 c 502 s 2 are each amended to read
as follows:
The county treasurer:
(1) Shall receive all money due the county and disburse it on
warrants issued and attested by the county auditor and electronic funds
transfer under RCW 39.58.750 as attested by the county auditor;
(2) Shall issue a receipt in duplicate for all money received other
than taxes; the treasurer shall deliver immediately to the person
making the payment the original receipt and the duplicate shall be
retained by the treasurer;
(3) Shall affix on the face of all paid warrants the date of
redemption or, in the case of proper contract between the treasurer and
a qualified public depositary, the treasurer may consider the date
affixed by the financial institution as the date of redemption;
(4) Shall endorse, before the date of issue by the county or by any
taxing district for whom the county treasurer acts as treasurer, on the
face of all warrants for which there are not sufficient funds for
payment, "interest bearing warrant." When there are funds to redeem
outstanding warrants, the county treasurer shall give notice:
(a) By publication in a legal newspaper published or circulated in
the county; or
(b) By posting at three public places in the county if there is no
such newspaper; or
(c) By notification to the financial institution holding the
warrant;
(5) Shall pay interest on all interest-bearing warrants from the
date of issue to the date of notification;
(6) Shall maintain financial records reflecting receipts and
disbursement by fund in accordance with generally accepted accounting
principles;
(7) Shall account for and pay all bonded indebtedness for the
county and all special districts for which the county treasurer acts as
treasurer;
(8) Shall invest all funds of the county or any special district in
the treasurer's custody, not needed for immediate expenditure, in a
manner consistent with appropriate statutes. If cash is needed to
redeem warrants issued from any fund in the custody of the treasurer,
the treasurer shall liquidate investments in an amount sufficient to
cover such warrant redemptions; and
(9) May provide certain collection services for county departments.
The treasurer, at the expiration of the term of office, shall make
a complete settlement with the county legislative authority, and shall
deliver to the successor all public money, books, and papers in the
treasurer's possession.
Money received by all entities for whom the county treasurer serves
as treasurer must be deposited within twenty-four hours in an account
designated by the county treasurer unless a waiver is granted by the
county treasurer in accordance with RCW 43.09.240.
Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 15 RCW 36.32.120 and 2003 c 337 s 6 are each amended to read
as follows:
The legislative authorities of the several counties shall:
(1) Provide for the erection and repairing of court houses, jails,
and other necessary public buildings for the use of the county;
(2) Lay out, discontinue, or alter county roads and highways within
their respective counties, and do all other necessary acts relating
thereto according to law, except within cities and towns which have
jurisdiction over the roads within their limits;
(3) License and fix the rates of ferriage; grant grocery and other
licenses authorized by law to be by them granted at fees set by the
legislative authorities which shall not exceed the costs of
administration and operation of such licensed activities;
(4) Fix the amount of county taxes to be assessed according to the
provisions of law, and cause the same to be collected as prescribed by
law;
(5) Allow all accounts legally chargeable against the county not
otherwise provided for, and audit the accounts of all officers having
the care, management, collection, or disbursement of any money
belonging to the county or appropriated to its benefit;
(6) Have the care of the county property and the management of the
county funds and business and in the name of the county prosecute and
defend all actions for and against the county, and such other powers as
are or may be conferred by law;
(7) Make and enforce, by appropriate resolutions or ordinances, all
such police and sanitary regulations as are not in conflict with state
law, and within the unincorporated area of the county may adopt by
reference Washington state statutes and recognized codes and/
(8) Have power to compound and release in whole or in part any debt
due to the county when in their opinion the interest of their county
will not be prejudiced thereby, except in cases where they or any of
them are personally interested;
(9) Have power to administer oaths or affirmations necessary in the
discharge of their duties and commit for contempt any witness refusing
to testify before them with the same power as district judges;
(10) Have power to declare by ordinance what shall be deemed a
nuisance within the county, including but not limited to "litter" and
"potentially dangerous litter" as defined in RCW 70.93.030; to prevent,
remove, and abate a nuisance at the expense of the parties creating,
causing, or committing the nuisance; and to levy a special assessment
on the land or premises on which the nuisance is situated to defray the
cost, or to reimburse the county for the cost of abating it. This
assessment shall constitute a lien against the property which shall be
of equal rank with state, county, and municipal taxes.
(11) Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 16 RCW 36.32.235 and 2009 c 229 s 6 are each amended to read
as follows:
(1) In each county with a population of four hundred thousand or
more which by resolution establishes a county purchasing department,
the purchasing department shall enter into leases of personal property
on a competitive basis and purchase all supplies, materials, and
equipment on a competitive basis, for all departments of the county, as
provided in this chapter and chapter 39.04 RCW, except that the county
purchasing department is not required to make purchases that are paid
from the county road fund or equipment rental and revolving fund.
(2) As used in this section, "public works" has the same definition
as in RCW 39.04.010.
(3) Except as otherwise specified in this chapter or in chapter
36.77 RCW, all counties subject to these provisions shall contract on
a competitive basis for all public works after bids have been submitted
to the county upon specifications therefor. Such specifications shall
be in writing and shall be filed with the clerk of the county
legislative authority for public inspection.
(4) An advertisement shall be published in the county official
newspaper stating the time and place where bids will be opened, the
time after which bids will not be received, the character of the work
to be done, the materials and equipment to be furnished, and that
specifications therefor may be seen at the office of the clerk of the
county legislative authority. An advertisement shall also be published
in a legal newspaper of general circulation in or as near as possible
to that part of the county in which such work is to be done. If the
county official newspaper is a newspaper of general circulation
covering at least forty percent of the residences in that part of the
county in which such public works are to be done, then the publication
of an advertisement of the applicable specifications in the county
official newspaper is sufficient. Such advertisements shall be
published at least once at least thirteen days prior to the last date
upon which bids will be received.
(5) The bids shall be in writing, shall be filed with the clerk,
shall be opened and read in public at the time and place named therefor
in the advertisements, and after being opened, shall be filed for
public inspection. No bid may be considered for public work unless it
is accompanied by a bid deposit in the form of a surety bond, postal
money order, cash, cashier's check, or certified check in an amount
equal to five percent of the amount of the bid proposed.
(6) The contract for the public work shall be awarded to the lowest
responsible bidder. Any or all bids may be rejected for good cause.
The county legislative authority shall require from the successful
bidder for such public work a contractor's bond in the amount and with
the conditions imposed by law.
(7) If the bidder to whom the contract is awarded fails to enter
into the contract and furnish the contractor's bond as required within
ten days after notice of the award, exclusive of the day of notice, the
amount of the bid deposit shall be forfeited to the county and the
contract awarded to the next lowest and best bidder. The bid deposit
of all unsuccessful bidders shall be returned after the contract is
awarded and the required contractor's bond given by the successful
bidder is accepted by the county legislative authority. Immediately
after the award is made, the bid quotations obtained shall be recorded
and open to public inspection and shall be available by telephone
inquiry.
(8) As limited by subsection (10) of this section, a county subject
to these provisions may have public works performed by county employees
in any annual or biennial budget period equal to a dollar value not
exceeding ten percent of the public works construction budget,
including any amount in a supplemental public works construction
budget, over the budget period.
Whenever a county subject to these provisions has had public works
performed in any budget period up to the maximum permitted amount for
that budget period, all remaining public works except emergency work
under subsection (12) of this section within that budget period shall
be done by contract pursuant to public notice and call for competitive
bids as specified in subsection (3) of this section. The state auditor
shall report to the state treasurer any county subject to these
provisions that exceeds this amount and the extent to which the county
has or has not reduced the amount of public works it has performed by
public employees in subsequent years.
(9) If a county subject to these provisions has public works
performed by public employees in any budget period that are in excess
of this ten percent limitation, the amount in excess of the permitted
amount shall be reduced from the otherwise permitted amount of public
works that may be performed by public employees for that county in its
next budget period. Ten percent of the motor vehicle fuel tax
distributions to that county shall be withheld if two years after the
year in which the excess amount of work occurred, the county has failed
to so reduce the amount of public works that it has performed by public
employees. The amount withheld shall be distributed to the county when
it has demonstrated in its reports to the state auditor that the amount
of public works it has performed by public employees has been reduced
as required.
(10) In addition to the percentage limitation provided in
subsection (8) of this section, counties subject to these provisions
containing a population of four hundred thousand or more shall not have
public employees perform a public works project in excess of ninety
thousand dollars if more than a single craft or trade is involved with
the public works project, or a public works project in excess of forty-five thousand dollars if only a single craft or trade is involved with
the public works project. A public works project means a complete
project. The restrictions in this subsection do not permit the
division of the project into units of work or classes of work to avoid
the restriction on work that may be performed by public employees on a
single project.
The cost of a separate public works project shall be the costs of
materials, supplies, equipment, and labor on the construction of that
project. The value of the public works budget shall be the value of
all the separate public works projects within the budget.
(11) In addition to the accounting and recordkeeping requirements
contained in chapter 39.04 RCW, any county which uses public employees
to perform public works projects under RCW 36.32.240(1) shall prepare
a year-end report to be submitted to the state auditor indicating the
total dollar amount of the county's public works construction budget
and the total dollar amount for public works projects performed by
public employees for that year.
The year-end report submitted pursuant to this subsection to the
state auditor shall be in accordance with the standard form required by
RCW 43.09.205.
(12) Notwithstanding any other provision in this section, counties
may use public employees without any limitation for emergency work
performed under an emergency declared pursuant to RCW 36.32.270, and
any such emergency work shall not be subject to the limitations of this
section. Publication of the description and estimate of costs relating
to correcting the emergency may be made within seven days after the
commencement of the work. Within two weeks of the finding that such an
emergency existed, the county legislative authority shall adopt a
resolution certifying the damage to public facilities and costs
incurred or anticipated relating to correcting the emergency.
Additionally this section shall not apply to architectural and
engineering or other technical or professional services performed by
public employees in connection with a public works project.
(13) In lieu of the procedures of subsections (3) through (11) of
this section, a county may let contracts using the small works roster
process provided in RCW 39.04.155.
Whenever possible, the county shall invite at least one proposal
from a minority or woman contractor who shall otherwise qualify under
this section.
(14) The allocation of public works projects to be performed by
county employees shall not be subject to a collective bargaining
agreement.
(15) This section does not apply to performance-based contracts, as
defined in RCW 39.35A.020(4), that are negotiated under chapter 39.35A
RCW.
(16) Nothing in this section prohibits any county from allowing for
preferential purchase of products made from recycled materials or
products that may be recycled or reused.
(17) This section does not apply to contracts between the public
stadium authority and a team affiliate under RCW 36.102.060(4), or
development agreements between the public stadium authority and a team
affiliate under RCW 36.102.060(7) or leases entered into under RCW
36.102.060(8).
(18) Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 17 RCW 36.32.245 and 2007 c 88 s 1 are each amended to read
as follows:
(1) No contract for the purchase of materials, equipment, or
supplies may be entered into by the county legislative authority or by
any elected or appointed officer of the county until after bids have
been submitted to the county. Bid specifications shall be in writing
and shall be filed with the clerk of the county legislative authority
for public inspection. An advertisement shall be published in the
official newspaper of the county stating the time and place where bids
will be opened, the time after which bids will not be received, the
materials, equipment, supplies, or services to be purchased, and that
the specifications may be seen at the office of the clerk of the county
legislative authority. The advertisement shall be published at least
once at least thirteen days prior to the last date upon which bids will
be received.
(2) The bids shall be in writing and filed with the clerk. The
bids shall be opened and read in public at the time and place named in
the advertisement. Contracts requiring competitive bidding under this
section may be awarded only to the lowest responsible bidder.
Immediately after the award is made, the bid quotations shall be
recorded and open to public inspection and shall be available by
telephone inquiry. Any or all bids may be rejected for good cause.
(3) For advertisement and formal sealed bidding to be dispensed
with as to purchases between five thousand and twenty-five thousand
dollars, the county legislative authority must use the uniform process
to award contracts as provided in RCW 39.04.190. Advertisement and
formal sealed bidding may be dispensed with as to purchases of less
than five thousand dollars upon the order of the county legislative
authority.
(4) This section does not apply to performance-based contracts, as
defined in RCW 39.35A.020(4), that are negotiated under chapter 39.35A
RCW; or contracts and purchases for the printing of election ballots,
voting machine labels, and all other election material containing the
names of candidates and ballot titles.
(5) Nothing in this section shall prohibit the legislative
authority of any county from allowing for preferential purchase of
products made from recycled materials or products that may be recycled
or reused.
(6) This section does not apply to contracting for public defender
services by a county.
(7) Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 18 RCW 36.32.250 and 2009 c 229 s 8 are each amended to read
as follows:
No contract for public works may be entered into by the county
legislative authority or by any elected or appointed officer of the
county until after bids have been submitted to the county upon
specifications therefor. Such specifications shall be in writing and
shall be filed with the clerk of the county legislative authority for
public inspection. An advertisement shall be published in the county
official newspaper stating the time and place where bids will be
opened, the time after which bids will not be received, the character
of the work to be done, the materials and equipment to be furnished,
and that specifications therefor may be seen at the office of the clerk
of the county legislative authority. An advertisement shall also be
published in a legal newspaper of general circulation in or as near as
possible to that part of the county in which such work is to be done.
If the county official newspaper is a newspaper of general circulation
covering at least forty percent of the residences in that part of the
county in which such public works are to be done, then the publication
of an advertisement of the applicable specifications in the county
official newspaper shall be sufficient. Such advertisements shall be
published at least once at least thirteen days prior to the last date
upon which bids will be received. The bids shall be in writing, shall
be filed with the clerk, shall be opened and read in public at the time
and place named therefor in the advertisements, and after being opened,
shall be filed for public inspection. No bid may be considered for
public work unless it is accompanied by a bid deposit in the form of a
surety bond, postal money order, cash, cashier's check, or certified
check in an amount equal to five percent of the amount of the bid
proposed. The contract for the public work shall be awarded to the
lowest responsible bidder. Any or all bids may be rejected for good
cause. The county legislative authority shall require from the
successful bidder for such public work a contractor's bond in the
amount and with the conditions imposed by law. If the bidder to whom
the contract is awarded fails to enter into the contract and furnish
the contractor's bond as required within ten days after notice of the
award, exclusive of the day of notice, the amount of the bid deposit
shall be forfeited to the county and the contract awarded to the next
lowest and best bidder. A low bidder who claims error and fails to
enter into a contract is prohibited from bidding on the same project if
a second or subsequent call for bids is made for the project. The bid
deposit of all unsuccessful bidders shall be returned after the
contract is awarded and the required contractor's bond given by the
successful bidder is accepted by the county legislative authority. In
the letting of any contract for public works involving less than forty
thousand dollars, advertisement and competitive bidding may be
dispensed with on order of the county legislative authority.
Immediately after the award is made, the bid quotations obtained shall
be recorded and open to public inspection and shall be available by
telephone inquiry.
As an alternative to requirements under this section, a county may
let contracts using the small works roster process under RCW 39.04.155.
This section does not apply to performance-based contracts, as
defined in RCW 39.35A.020(4), that are negotiated under chapter 39.35A
RCW.
Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 19 RCW 36.34.020 and 1991 c 363 s 66 are each amended to
read as follows:
Whenever the county legislative authority desires to dispose of any
county property except:
(1) When selling to a governmental agency;
(2) When personal property to be disposed of is to be traded in
upon the purchase of a like article;
(3) When the value of the property to be sold is less than two
thousand five hundred dollars;
(4) When the county legislative authority by a resolution setting
forth the facts has declared an emergency to exist;
it shall publish notice of its intention so to do once each week during
two successive weeks in a legal newspaper of general circulation in the
county.
Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 20 RCW 36.34.090 and 1997 c 393 s 5 are each amended to read
as follows:
Whenever county property is to be sold at public auction,
consignment auction, or sealed bid, the county treasurer or the county
treasurer's designee shall publish notice thereof once during each of
two successive calendar weeks in a newspaper of general circulation in
the county. Notice thereof must also be posted in a conspicuous place
in the courthouse. The posting and date of first publication must be
at least ten days before the day fixed for the sale.
Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 21 RCW 36.34.160 and 1963 c 4 s 36.34.160 are each amended
to read as follows:
When, in the judgment of the board of county commissioners, it is
found desirable to lease the land applied for, it shall first give
notice of its intention to make such lease by publishing a notice in a
legal newspaper at least once a week for the term of three weeks, and
shall also post a notice of such intention in a conspicuous place in
the courthouse for the same length of time. The notice so published
and posted shall designate and describe the property which is proposed
to be leased, together with the improvements thereon and appurtenances
thereto, and shall contain a notice that the board of county
commissioners will meet at the county courthouse on a day and at an
hour designated in the notice, for the purpose of leasing the property
which day and hour shall be at a time not more than a week after the
expiration of the time required for the publication of the notice.
Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 22 RCW 36.34.170 and 1963 c 4 s 36.34.170 are each amended
to read as follows:
Any person may appear at the meeting of the county commissioners or
any adjourned meeting thereof, and make objection to the leasing of the
property, which objection shall be stated in writing. In passing upon
objections the board of county commissioners shall, in writing, briefly
give its reasons for accepting or rejecting the same, and such
objections, and the reasons for accepting or refusing the application,
shall be published by the board in the next subsequent weekly issue of
the newspaper in which the notice of hearing was published.
Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 23 RCW 36.35.120 and 2001 c 299 s 10 are each amended to
read as follows:
Real property acquired by any county of this state by foreclosure
of delinquent taxes may be sold by order of the county legislative
authority of the county when in the judgment of the county legislative
authority it is deemed in the best interests of the county to sell the
real property.
When the legislative authority desires to sell any such property it
may, if deemed advantageous to the county, combine any or all of the
several lots and tracts of such property in one or more units, and may
reserve from sale coal, oil, gas, gravel, minerals, ores, fossils,
timber, or other resources on or in the lands, and the right to mine
for and remove the same, and it shall then enter an order on its
records fixing the unit or units in which the property shall be sold
and the minimum price for each of such units, and whether the sale will
be for cash or whether a contract will be offered, and reserving from
sale such of the resources as it may determine and from which units
such reservations shall apply, and directing the county treasurer to
sell such property in the unit or units and at not less than the price
or prices and subject to such reservations so fixed by the county
legislative authority. The order shall be subject to the approval of
the county treasurer if several lots or tracts of land are combined in
one unit.
Except in cases where the sale is to be by direct negotiation as
provided in RCW 36.35.150, it shall be the duty of the county treasurer
upon receipt of such order to publish once a week for three consecutive
weeks a notice of the sale of such property in a newspaper of general
circulation in the county where the land is situated. The notice shall
describe the property to be sold, the unit or units, the reservations,
and the minimum price fixed in the order, together with the time and
place and terms of sale, in the same manner as foreclosure sales as
provided by RCW 84.64.080.
The person making the bid shall state whether he or she will pay
cash for the amount of his or her bid or accept a real estate contract
of purchase in accordance with the provisions hereinafter contained.
The person making the highest bid shall become the purchaser of the
property. If the highest bidder is a contract bidder the purchaser
shall be required to pay thirty percent of the total purchase price at
the time of the sale and shall enter into a contract with the county as
vendor and the purchaser as vendee which shall obligate and require the
purchaser to pay the balance of the purchase price in ten equal annual
installments commencing November 1st and each year following the date
of the sale, and shall require the purchaser to pay twelve percent
interest on all deferred payments, interest to be paid at the time the
annual installment is due; and may contain a provision authorizing the
purchaser to make payment in full at any time of any balance due on the
total purchase price plus accrued interest on such balance. The
contract shall contain a provision requiring the purchaser to pay
before delinquency all subsequent taxes and assessments that may be
levied or assessed against the property subsequent to the date of the
contract, and shall contain a provision that time is of the essence of
the contract and that in event of a failure of the vendee to make
payments at the time and in the manner required and to keep and perform
the covenants and conditions therein required of him or her that the
contract may be forfeited and terminated at the election of the vendor,
and that in event of the election all sums theretofore paid by the
vendee shall be forfeited as liquidated damages for failure to comply
with the provisions of the contract; and shall require the vendor to
execute and deliver to the vendee a deed of conveyance covering the
property upon the payment in full of the purchase price, plus accrued
interest.
The county legislative authority may, by order entered in its
records, direct the coal, oil, gas, gravel, minerals, ores, timber, or
other resources sold apart from the land, such sale to be conducted in
the manner hereinabove prescribed for the sale of the land. Any such
reserved minerals or resources not exceeding two hundred dollars in
value may be sold, when the county legislative authority deems it
advisable, either with or without such publication of the notice of
sale, and in such manner as the county legislative authority may
determine will be most beneficial to the county.
Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 24 RCW 36.35.180 and 2009 c 549 s 4075 are each amended to
read as follows:
Upon filing a copy of the summons and notice in the office of the
county clerk, service thereof as against every interest in and claim
against any and every part of the property described in such summons
and notice, and every person, firm, or corporation, except one who is
in the actual, open and notorious possession of any of the properties,
shall be had by publication in the official county newspaper for six
consecutive weeks; and no affidavit for publication of such summons and
notice shall be required. In case special assessments imposed by a
city or town against any of the real property described in the summons
and notice remain outstanding, a copy of the same shall be served on
the treasurer of the city or town within which such real property is
situated within five days after such summons and notice is filed.
The summons and notice in such action shall contain the title of
the court; specify in general terms the years for which the taxes were
levied and the amount of the taxes and the costs for which each tract
of land was sold; give the legal description of each tract of land
involved, and the tax record owner thereof during the years in which
the taxes for which the property was sold were levied; state that the
purpose of the action is to foreclose all adverse claims of every
nature in and to the property described, and to have the title of
existing liens and claims of every nature against the described real
property, except that of the county, forever barred.
The summons and notice shall also summon all persons, firms and
corporations claiming any right, title and interest in and to the
described real property to appear within sixty days after the date of
the first publication, specifying the day and year, and state in
writing what right, title and interest they have or claim to have in
and to the property described, and file the same with the clerk of the
court above named; and shall notify them that in case of their failure
so to do, judgment will be rendered determining that the title to the
real property is in the county free from all existing adverse
interests, rights or claims whatsoever: PROVIDED, That in case any of
the lands involved is in the actual, open and notorious possession of
anyone at the time the summons and notice is filed, as herein provided,
a copy of the same modified as herein specified shall be served
personally upon such person in the same manner as summons is served in
civil actions generally. The summons shall be substantially in the
form above outlined, except that in lieu of the statement relative to
the date and day of publication it shall require the person served to
appear within twenty days after the day of service, exclusive of the
date of service, and that the day of service need not be specified
therein, and except further that the recitals regarding the amount of
the taxes and costs and the years the same were levied, the legal
description of the land and the tax record owner thereof may be omitted
except as to the land occupied by the persons served.
Every summons and notice provided for in RCW 36.35.160 through
36.35.270 shall be subscribed by the prosecuting attorney of the
county, or by any successor or assign of the county or his or her
attorney, as the case may be, followed by the post office address of
the successor or assign.
Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 25 RCW 36.36.020 and 1985 c 425 s 2 are each amended to read
as follows:
The county legislative authority of a county may create one or more
aquifer protection areas for the purpose of funding the protection,
preservation, and rehabilitation of subterranean water.
When a county legislative authority proposes to create an aquifer
protection area it shall conduct a public hearing on the proposal.
Notice of the public hearing shall be published at least once, not less
than ten days prior to the hearing, in a newspaper of general
circulation within the proposed aquifer protection area. The public
hearing may be continued to other times, dates, and places announced at
the public hearing, without publication of the notice. At the public
hearing, the county legislative authority shall hear objections and
comments from anyone interested in the proposed aquifer protection
area.
After the public hearing, the county legislative authority may
adopt a resolution causing a ballot proposition to be submitted to the
registered voters residing within the proposed aquifer protection area
to authorize the creation of the aquifer protection area, if the county
legislative authority finds that the creation of the aquifer protection
area would be in the public interest. The resolution shall: (1)
Describe the boundaries of the proposed aquifer protection area; (2)
find that its creation is in the public interest; (3) state the maximum
level of fees for the withdrawal of water, or on-site sewage disposal,
occurring in the aquifer protection area, or both; and (4) describe the
uses for the fees.
An aquifer protection area shall be created by ordinances of the
county if the voters residing in the proposed aquifer protection area
approve the ballot proposition by a simple majority vote. The ballot
proposition shall be in substantially the following form:
"Shall the . . . (insert the name) aquifer protection area be created and authorized to impose monthly fees on . . . (insert "the withdrawal of water" or "on-site sewage disposal") of not to exceed . . . (insert a dollar amount) per household unit for up to . . . (insert a number of years) to finance . . . (insert the type of activities proposed to be financed)?
Yes. . . . . . . .
No . . . . . . . . "
Sec. 26 RCW 36.38.030 and 1963 c 4 s 36.38.030 are each amended
to read as follows:
The ordinance levying and fixing the tax shall be headed by a title
expressing the subject thereof, and the style of the ordinance shall
be: "Be it ordained by the Board of County Commissioners of
. . . . . . County, State of Washington." The ordinance shall be
enacted by a majority vote of the board at a regular meeting thereof,
and only after the form of such ordinance as ultimately enacted has
been on file with the clerk of the board and open to public inspection
for not less than ten days. The ordinance shall not become effective
until thirty days following its enactment, and within five days
following its enactment it shall be printed and published in a
newspaper of general circulation in the county. The ordinance shall be
signed by a majority of the board, attested by the clerk of the board,
and shall be duly entered and recorded in the book wherein orders of
the board are entered and recorded. The ordinance may be at any time
amended or repealed by an ordinance enacted, published, and recorded in
the same manner.
Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 27 RCW 36.40.060 and 1985 c 469 s 47 are each amended to
read as follows:
The county legislative authority shall then publish a notice
stating that it has completed and placed on file its preliminary budget
for the county for the ensuing fiscal year, a copy of which will be
furnished any citizen who will call at its office for it, and that it
will meet on the first Monday in October thereafter for the purpose of
fixing the final budget and making tax levies, designating the time and
place of the meeting, and that any taxpayer may appear thereat and be
heard for or against any part of the budget. The notice shall be
published once each week for two consecutive weeks immediately
following adoption of the preliminary budget in the official newspaper
of the county. The county legislative authority shall provide a
sufficient number of copies of the detailed and comparative preliminary
budget to meet the reasonable demands of taxpayers therefor and the
same shall be available for distribution not later than two weeks
immediately preceding the first Monday in October.
Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 28 RCW 36.40.100 and 1985 c 469 s 48 are each amended to
read as follows:
The estimates of expenditures itemized and classified as required
in RCW 36.40.040 and as finally fixed and adopted in detail by the
board of county commissioners shall constitute the appropriations for
the county for the ensuing fiscal year; and every county official shall
be limited in the making of expenditures or the incurring of
liabilities to the amount of the detailed appropriation items or
classes respectively: PROVIDED, That upon a resolution formally
adopted by the board at a regular or special meeting and entered upon
the minutes, transfers or revisions within departments, or supplemental
appropriations to the budget from unanticipated federal or state funds
may be made: PROVIDED FURTHER, That the board shall publish notice of
the time and date of the meeting at which the supplemental
appropriations resolution will be adopted, and the amount of the
appropriation, once each week, for two consecutive weeks prior to the
meeting in the official newspaper of the county.
Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 29 RCW 36.40.140 and 1969 ex.s. c 185 s 3 are each amended
to read as follows:
When a public emergency, other than such as are specifically
described in RCW 36.40.180, and which could not reasonably have been
foreseen at the time of making the budget, requires the expenditure of
money not provided for in the budget, the board of county commissioners
by majority vote of the commissioners at any meeting the time and place
of which all the commissioners have had reasonable notice, shall adopt
and enter upon its minutes a resolution stating the facts constituting
the emergency and the estimated amount of money required to meet it,
and shall publish the same, together with a notice that a public
hearing thereon will be held at the time and place designated therein,
which shall not be less than one week after the date of publication, at
which any taxpayer may appear and be heard for or against the
expenditure of money for the alleged emergency. The resolution and
notice shall be published once in the official county newspaper, or if
there is none, in a legal newspaper in the county. Upon the conclusion
of the hearing, if the board of county commissioners approves it, an
order shall be made and entered upon its official minutes by a majority
vote of all the members of the board setting forth the facts
constituting the emergency, together with the amount of expenditure
authorized, which order, so entered, shall be lawful authorization to
expend said amount for such purpose unless a review is applied for
within five days thereafter.
Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 30 RCW 36.55.040 and 1985 c 469 s 49 are each amended to
read as follows:
On application being made to the county legislative authority for
franchise, it shall fix a time and place for hearing the same, and
shall cause the county auditor to give public notice thereof at the
expense of the applicant, by posting notices in three public places in
the county seat of the county at least fifteen days before the day
fixed for the hearing. The county legislative authority shall also
publish a like notice two times in the official newspaper of the
county, the last publication to be not less than five days before the
day fixed for the hearing. The notice shall state the name or names of
the applicant or applicants, a description of the county roads by
reference to section, township and range in which the county roads or
portions thereof are physically located, to be included in the
franchise for which the application is made, and the time and place
fixed for the hearing.
Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 31 RCW 36.58.090 and 1992 c 131 s 4 are each amended to read
as follows:
(1) Notwithstanding the provisions of any county charter or any law
to the contrary, and in addition to any other authority provided by
law, the legislative authority of a county may contract with one or
more vendors for one or more of the design, construction, or operation
of, or other service related to, the solid waste handling systems,
plants, sites, or other facilities in accordance with the procedures
set forth in this section. When a contract for design services is
entered into separately from other services permitted under this
section, procurement shall be in accord with chapter 39.80 RCW. For
the purpose of this chapter, the term "legislative authority" shall
mean the board of county commissioners or, in the case of a home rule
charter county, the official, officials, or public body designated by
the charter to perform the functions authorized therein.
(2) If the legislative authority of the county decides to proceed
with the consideration of qualifications or proposals for services from
vendors, the county shall publish notice of its requirements and
request submission of qualifications statements or proposals. The
notice shall be published in the official newspaper of the county at
least once a week for two weeks not less than sixty days before the
final date for the submission of qualifications statements or
proposals. The notice shall state in summary form (a) the general
scope and nature of the design, construction, operation, or other
service, (b) the name and address of a representative of the county who
can provide further details, (c) the final date for the submission of
qualifications statements or proposals, (d) an estimated schedule for
the consideration of qualifications, the selection of vendors, and the
negotiation of a contract or contracts for services, (e) the location
at which a copy of any request for qualifications or request for
proposals will be made available, and (f) the criteria established by
the legislative authority to select a vendor or vendors, which may
include but shall not be limited to the vendor's prior experience,
including design, construction, or operation of other similar
facilities; respondent's management capability, schedule availability
and financial resources; cost of the services, nature of facility
design proposed by the vendor; system reliability; performance
standards required for the facilities; compatibility with existing
service facilities operated by the public body or other providers of
service to the public; project performance guarantees; penalty and
other enforcement provisions; environmental protection measures to be
used; consistency with the applicable comprehensive solid waste
management plan; and allocation of project risks.
(3) If the legislative authority of the county decides to proceed
with the consideration of qualifications or proposals, it may designate
a representative to evaluate the vendors who submitted qualifications
statements or proposals and conduct discussions regarding
qualifications or proposals with one or more vendors. The legislative
authority or representative may request submission of qualifications
statements and may later request more detailed proposals from one or
more vendors who have submitted qualifications statements, or the
representative may request detailed proposals without having first
received and evaluated qualifications statements. The representative
shall evaluate the qualifications or proposals, as applicable. If two
or more vendors submit qualifications or proposals that meet the
criteria established by the legislative authority of the county,
discussions and interviews shall be held with at least two vendors.
Any revisions to a request for qualifications or request for proposals
shall be made available to all vendors then under consideration by the
city or town and shall be made available to any other person who has
requested receipt of that information.
(4) Based on criteria established by the legislative authority of
the county, the representative shall recommend to the legislative
authority a vendor or vendors that are initially determined to be the
best qualified to provide one or more of the design, construction, or
operation of, or other service related to, the proposed project or
services. The legislative authority may select one or more qualified
vendors for one or more of the design, construction, or operation of,
or other service related to, the proposed project or services.
(5) The legislative authority or its representative may attempt to
negotiate a contract with the vendor or vendors selected for one or
more of the design, construction, or operation of, or other service
related to, the proposed project or services on terms that the
legislative authority determines to be fair and reasonable and in the
best interest of the county. If the legislative authority or its
representative is unable to negotiate such a contract with any one or
more of the vendors first selected on terms that it determines to be
fair and reasonable and in the best interest of the county,
negotiations with any one or more of the vendors shall be terminated or
suspended and another qualified vendor or vendors may be selected in
accordance with the procedures set forth in this section. If the
legislative authority decides to continue the process of selection,
negotiations shall continue with a qualified vendor or vendors in
accordance with this section at the sole discretion of the legislative
authority until an agreement is reached with one or more qualified
vendors, or the process is terminated by the legislative authority.
The process may be repeated until an agreement is reached.
(6) Prior to entering into a contract with a vendor, the
legislative authority of the county shall make written findings, after
holding a public hearing on the proposal, that it is in the public
interest to enter into the contract, that the contract is financially
sound, and that it is advantageous for the county to use this method
for awarding contracts compared to other methods.
(7) Each contract shall include a project performance bond or bonds
or other security by the vendor that in the judgment of the legislative
authority of the county is sufficient to secure adequate performance by
the vendor.
(8) The provisions of chapters 39.12((,)) and 39.19((, and 39.25))
RCW shall apply to a contract entered into under this section to the
same extent as if the systems and plants were owned by a public body.
(9) The vendor selection process permitted by this section shall be
supplemental to and shall not be construed as a repeal of or limitation
on any other authority granted by law.
(10) The alternative selection process provided by this section may
not be used in the selection of a person or entity to construct a
publicly owned facility for the storage or transfer of solid waste or
solid waste handling equipment unless the facility is either (a)
privately operated pursuant to a contract greater than five years, or
(b) an integral part of a solid waste processing facility located on
the same site. Instead, the applicable provisions of RCW 36.32.250 and
chapters 39.04 and 39.30 RCW shall be followed.
(11) Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 32 RCW 36.58.110 and 1982 c 175 s 2 are each amended to read
as follows:
A county legislative authority proposing to establish a solid waste
disposal district or to modify or dissolve an existing solid waste
disposal district shall conduct a hearing at the time and place
specified in a notice published at least once not less than ten days
prior to the hearing in a newspaper of general circulation within the
proposed solid waste disposal district. This notice shall be in
addition to any other notice required by law to be published.
Additional notice of such hearing may be given by mail, posting within
the proposed solid waste disposal district, or in any manner local
authorities deem necessary to notify affected persons. All hearings
shall be public and the county legislative authority shall hear
objections from any person affected by the formation, modification, or
dissolution of the solid waste disposal district and make such changes
in the boundaries of the district or any other modifications that the
county legislative authority deems necessary.
Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 33 RCW 36.58A.020 and 1971 ex.s. c 293 s 3 are each amended
to read as follows:
The county legislative authority proposing to establish a solid
waste collection district or to modify or dissolve an existing solid
waste collection district shall conduct a hearing at the time and place
specified in a notice published at least once not less than ten days
prior to the hearing in a newspaper of general circulation within the
county. Additional notice of such hearing may be given by mail,
posting on the property, or in any manner local authorities deem
necessary to notify adjacent landowners and the public. All hearings
shall be public and the legislative authority shall hear objections
from any person affected by the formation of the solid waste collection
district and make such changes in the boundaries of the district or any
other modifications of plans that the legislative authority deems
necessary.
Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 34 RCW 36.60.020 and 1983 c 303 s 9 are each amended to read
as follows:
(1) A county legislative authority proposing to establish a county
rail district, or to modify the boundaries of an existing county rail
district, or to dissolve an existing county rail district, shall
conduct a hearing at the time and place specified in a notice published
at least once, not less than ten days prior to the hearing, in a
newspaper of general circulation within the proposed county rail
district. This notice shall be in addition to any other notice
required by law to be published. Additional notice of the hearing may
be given by mail, posting within the proposed county rail district, or
in any manner the county legislative authority deems necessary to
notify affected persons. All hearings shall be public and the county
legislative authority shall hear objections from any person affected by
the formation, modification of the boundaries, or dissolution of the
county rail district.
(2) Following the hearing held under subsection (1) of this
section, the county legislative authority may adopt a resolution
providing for the submission of a proposal to establish a county rail
district, modify the boundaries of an existing county rail district, or
dissolve an existing county rail district, if the county legislative
authority finds the proposal to be in the public interest. The
resolution shall contain the boundaries of the district if applicable.
(3) A proposition to create a county rail district, modify the
boundaries of an existing county rail district, or dissolve an existing
rail district shall be submitted to the affected voters at the next
general election held sixty or more days after the adoption of the
resolution providing for the submittal by the county legislative
authority. The resolution shall establish the boundaries of the
district and include a finding that the creation of the district is in
the public interest and that the area included within the district can
reasonably be expected to benefit from its creation. No portion of a
city may be included in such a district unless the entire city is
included.
(4) The district shall be created upon approval of the proposition
by simple majority vote. The ballot proposition submitted to the
voters shall be in substantially the following form:
Yes. . . . . . . .
No . . . . . . . .
Sec. 35 RCW 36.60.120 and 1986 c 26 s 3 are each amended to read
as follows:
If a petition to establish, modify the boundaries, or dissolve a
county rail district is filed with the county legislative authority
that complies with the requirements specified in RCW 36.60.110, the
legislative authority may accept the petition, fix a date for a public
hearing, and publish notice of the hearing in one issue of the official
county newspaper. The notice shall also be posted in three public
places within the area proposed for establishment, modification, or
dissolution, and shall specify the time and place of hearing. The
expense of publication and posting of the notice shall be paid by the
signers of the petition.
Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 36 RCW 36.61.040 and 2008 c 301 s 6 are each amended to read
as follows:
Notice of the public hearing shall be published in at least two
consecutive issues of a newspaper of general circulation in the
proposed lake or beach management district, the date of the first
publication to be at least fifteen days prior to the date fixed for the
public hearing by the resolution of intention. Notice of the public
hearing shall also be given to the owner or reputed owner of any lot,
tract, parcel of land, or other property within the proposed lake or
beach management district by mailing the notice at least fifteen days
before the date fixed for the public hearing to the owner or reputed
owner of the property as shown on the tax rolls of the county assessor
at the address shown thereon. Notice of the public hearing shall also
be mailed to the departments of fish and wildlife, natural resources,
and ecology at least fifteen days before the date fixed for the public
hearing.
Notices of the public hearing shall: (1) Refer to the resolution
of intention; (2) designate the proposed lake or beach management
district by number; (3) set forth a proposed plan describing: (a) The
nature of the proposed lake or beach improvement or maintenance
activities; (b) the amount of special assessments or rates and charges
proposed to be raised by the lake or beach management district; (c) if
special assessments are proposed to be imposed, whether the special
assessments will be imposed annually for the duration of the lake or
beach management district, or the full special assessments will be
payable at one time, with the possibility of periodic installments
being paid and lake or beach management bonds being issued, or both;
(d) if rates and charges are proposed to be imposed, the annual amount
of revenue proposed to be collected and whether revenue bonds payable
from the rates and charges are proposed to be issued; and (e) the
proposed duration of the lake or beach management district; and (4)
indicate the date, time, and place of the public hearing designated in
the resolution of intention.
In the case of the notice sent to each owner or reputed owner by
mail, the notice shall set forth the estimated amount of the cost of
the lake or beach improvement or maintenance activities to be borne by
special assessment, or annual special assessments, or rates and charges
on the lot, tract, parcel of land, or other property owned by the owner
or reputed owner.
If the county legislative authority has designated a committee of
itself or an officer to hear complaints and make recommendations to the
full county legislative authority, as provided in RCW 36.61.060, the
notice shall also describe this additional step before the full county
legislative authority may adopt a resolution creating the lake or beach
management district.
Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 37 RCW 36.61.100 and 2008 c 301 s 12 are each amended to
read as follows:
If the proposal receives a simple majority vote in favor of
creating the lake or beach management district, the county legislative
authority shall adopt an ordinance creating the lake or beach
management district and may proceed with establishing the special
assessments or rates and charges, collecting the special assessments or
rates and charges, and performing the lake or beach improvement or
maintenance activities. If a proposed lake management district
includes more than one lake and its adjacent areas, the lake management
district may only be established if the proposal receives a simple
majority vote in favor of creating it by the voters on each lake and
its adjacent areas. The county legislative authority shall publish a
notice in a newspaper of general circulation in a lake or beach
management district indicating that such an ordinance has been adopted
within ten days of the adoption of the ordinance.
The ballots shall be available for public inspection after they are
counted.
Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 38 RCW 36.61.190 and 2008 c 301 s 19 are each amended to
read as follows:
Special assessments and installments on any special assessment
shall be collected by the county treasurer.
The county treasurer shall publish a notice indicating that the
special assessment roll has been confirmed and that the special
assessments are to be collected. The notice shall indicate the
duration of the lake or beach management district and shall describe
whether the special assessments will be paid in annual payments for the
duration of the lake or beach management district, or whether the full
special assessments will be payable at one time, with the possibility
of periodic installments being paid and lake or beach management bonds
being issued, or both.
If the special assessments are to be payable at one time, the
notice additionally shall indicate that all or any portion of the
special assessments may be paid within thirty days from the date of
publication of the first notice without penalty or interest. This
notice shall be published in a newspaper of general circulation in the
lake or beach management district.
Within ten days of the first newspaper publication, the county
treasurer shall notify each owner or reputed owner of property whose
name appears on the special assessment roll, at the address shown on
the special assessment roll, for each item of property described on the
list: (1) Whether one special assessment payable at one time or
special assessments payable annually have been imposed; (2) the amount
of the property subject to the special assessment or annual special
assessments; and (3) the total amount of the special assessment due at
one time, or annual amount of special assessments due. If the special
assessment is due at one time, the notice shall also describe the
thirty-day period during which the special assessment may be paid
without penalty, interest, or cost.
Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 39 RCW 36.68.440 and 1981 c 210 s 4 are each amended to read
as follows:
Upon accepting a petition to form a park and recreation service
area, or upon passage of a resolution to establish such a service area,
the county legislative authority shall order a full investigation for
the purpose or purposes of the proposed service area to determine the
feasibility of forming the same and to determine the estimated initial
costs involved in obtaining the objectives set forth in the petition or
resolution. The reports on the feasibility and the cost of the
proposed service area shall be made available to the county legislative
authority, and copies of such reports shall be filed with the clerk of
the county legislative authority not more than eighty days after the
county legislative authority first directs that the studies and reports
be undertaken. The county legislative authority shall also provide by
resolution that within twenty days after receiving the reports a public
hearing shall be held at the county seat or at some convenient location
within the proposed service area. At least five days before the
hearing, the county legislative authority shall give notice of the
hearing not less than twice in a legal newspaper of general circulation
in the county. The notice shall describe the boundaries of the
proposed service area, the purpose or purposes of the proposed service
area, the estimated initial costs, indicate that the reports and other
materials prepared at the order of the county legislative authority are
available in the office of the clerk of the county legislative
authority for the study and review of any interested party, and set the
time, date and place of the hearing.
Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 40 RCW 36.68.470 and 1981 c 210 s 6 are each amended to read
as follows:
(1) Upon making findings under the provisions of RCW 36.68.460, the
county legislative authority shall, by resolution, order an election of
the voters of the proposed park and recreation service area to
determine if the service area shall be formed. The county legislative
authority shall in their resolution direct the county auditor to set
the election to be held at the next general election or at a special
election held for such purpose; describe the purposes of the proposed
service area; set forth the estimated cost of any initial improvements
or services to be financed by the service area should it be formed;
describe the method of financing the initial improvements or services
described in the resolution or petition; and order that notice of
election be published in a newspaper of general circulation in the
county at least twice prior to the election date.
(2) A proposition to form a park and recreation service area shall
be submitted to the voters of the proposed service area. Upon approval
by a majority of the voters voting on the proposition, a park and
recreation service area shall be established. The proposition
submitted to the voters by the county auditor on the ballot shall be in
substantially the following form:
Sec. 41 RCW 36.69.040 and 1963 c 4 s 36.69.040 are each amended
to read as follows:
The board of county commissioners shall set a time for a hearing on
the petition for the formation of a park and recreation district to be
held not more than sixty days following the receipt of such petition.
Notice of hearing shall be given by publication three times, at
intervals of not less than one week, in a newspaper of general
circulation within the county. Such notice shall state the time and
place of hearing and describe particularly the area proposed to be
included within the district.
Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 42 RCW 36.69.230 and 2009 c 549 s 4104 are each amended to
read as follows:
If such local improvement district is initiated by petition, such
petition shall set forth the nature and territorial extent of the
proposed improvement requested to be ordered and the fact that the
signers thereof are the owners (according to the records of the county
auditor) of at least fifty-one percent of the area of land within the
limits of the local improvement district to be created. Upon the
filing of such petition the board of park and recreation commissioners
shall determine whether it is sufficient, and the board's determination
thereof shall be conclusive upon all persons. No person shall withdraw
his or her name from the petition after it has been filed with the
board. If the board shall find the petition to be sufficient, it shall
proceed to adopt a resolution declaring its intention to order the
improvement petitioned for, setting forth the nature and territorial
extent of said improvement, designating the number of the proposed
local district and describing the boundaries thereof, stating the
estimated cost and expense of the improvement and the proportionate
amount thereof which will be borne by the property within the proposed
local district, and fixing a date, time and place for a public hearing
on the formation of the proposed local district.
The resolution of intention, whether adopted on the initiative of
the board or pursuant to a petition of the property owners, shall be
published in at least two consecutive issues of a newspaper of general
circulation in the proposed local district, the date of the first
publication to be at least fifteen days prior to the date fixed by such
resolution for hearing before the board.
Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 43 RCW 36.69.280 and 1963 c 4 s 36.69.280 are each amended
to read as follows:
Before approval of the roll a notice shall be published once a week
for two consecutive weeks in a newspaper of general circulation in the
local district, stating that the roll is on file and open to inspection
in the office of the secretary, and fixing the time, not less than
fifteen or more than thirty days from the date of the first publication
of the notice within which protests must be filed with the secretary
against any assessments shown thereon, and fixing a time when a hearing
will be held by the board of park and recreation commissioners on the
protests. Notice shall also be given by mailing, at least fifteen days
before the hearing, a similar notice to the owners or reputed owners of
the land in the local district as they appear on the books of the
treasurer of the county in which the park and recreation district is
located. At the hearing, or any adjournment thereof, the commissioners
may correct, change or modify the roll, or any part thereof, or set
aside the roll and order a new assessment, and may then by resolution
approve it. If an assessment is raised a new notice similar to the
first shall be given, after which final approval of the roll may be
made. When property has been entered originally upon the roll and the
assessment thereon is not raised, no objection thereto shall be
considered by the commissioners or by any court on appeal unless the
objection is made in writing at, or prior, to the date fixed for the
original hearing upon the roll.
Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 44 RCW 36.70.390 and 1963 c 4 s 36.70.390 are each amended
to read as follows:
Notice of the time, place and purpose of any public hearing shall
be given by one publication in a newspaper of general circulation in
the county and in the official gazette, if any, of the county, at least
ten days before the hearing.
Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 45 RCW 36.70.430 and 1963 c 4 s 36.70.430 are each amended
to read as follows:
When it deems it to be for the public interest, or when it
considers a change in the recommendations of the planning agency to be
necessary, the board may initiate consideration of a comprehensive
plan, or any element or part thereof, or any change in or addition to
such plan or recommendation. The board shall first refer the proposed
plan, change or addition to the planning agency for a report and
recommendation. Before making a report and recommendation, the
commission shall hold at least one public hearing on the proposed plan,
change or addition. Notice of the time and place and purpose of the
hearing shall be given by one publication in a newspaper of general
circulation in the county and in the official gazette, if any, of the
county, at least ten days before the hearing.
Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 46 RCW 36.70.440 and 1963 c 4 s 36.70.440 are each amended
to read as follows:
After the receipt of the report and recommendations of the planning
agency on the matters referred to in RCW 36.70.430, or after the lapse
of the prescribed time for the rendering of such report and
recommendation by the commission, the board may approve by motion and
certify such plan, change or addition without further reference to the
commission: PROVIDED, That the plan, change or addition conforms
either to the proposal as initiated by the county or the recommendation
thereon by the commission: PROVIDED FURTHER, That if the planning
agency has failed to report within a ninety day period, the board shall
hold at least one public hearing on the proposed plan, change or
addition. Notice of the time, place and purpose of the hearing shall
be given by one publication in a newspaper of general circulation in
the county and in the official gazette, if any, of the county, at least
ten days before the hearing. Thereafter, the board may proceed to
approve by motion and certify the proposed comprehensive plan or any
part, amendment or addition thereto.
Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 47 RCW 36.70.590 and 1963 c 4 s 36.70.590 are each amended
to read as follows:
Notice of the time, place and purpose of the hearing shall be given
by one publication in a newspaper of general circulation in the county
and in the official gazette, if any, of the county at least ten days
before the hearing. The board may prescribe additional methods for
providing notice.
Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 48 RCW 36.70A.035 and 1999 c 315 s 708 are each amended to
read as follows:
(1) The public participation requirements of this chapter shall
include notice procedures that are reasonably calculated to provide
notice to property owners and other affected and interested
individuals, tribes, government agencies, businesses, school districts,
and organizations of proposed amendments to comprehensive plans and
development regulation. Examples of reasonable notice provisions
include:
(a) Posting the property for site-specific proposals;
(b) Publishing notice in a newspaper of general circulation in the
county, city, or general area where the proposal is located or that
will be affected by the proposal;
(c) Notifying public or private groups with known interest in a
certain proposal or in the type of proposal being considered;
(d) Placing notices in appropriate regional, neighborhood, ethnic,
or trade journals; and
(e) Publishing notice in agency newsletters or sending notice to
agency mailing lists, including general lists or lists for specific
proposals or subject areas.
(2)(a) Except as otherwise provided in (b) of this subsection, if
the legislative body for a county or city chooses to consider a change
to an amendment to a comprehensive plan or development regulation, and
the change is proposed after the opportunity for review and comment has
passed under the county's or city's procedures, an opportunity for
review and comment on the proposed change shall be provided before the
local legislative body votes on the proposed change.
(b) An additional opportunity for public review and comment is not
required under (a) of this subsection if:
(i) An environmental impact statement has been prepared under
chapter 43.21C RCW for the pending resolution or ordinance and the
proposed change is within the range of alternatives considered in the
environmental impact statement;
(ii) The proposed change is within the scope of the alternatives
available for public comment;
(iii) The proposed change only corrects typographical errors,
corrects cross-references, makes address or name changes, or clarifies
language of a proposed ordinance or resolution without changing its
effect;
(iv) The proposed change is to a resolution or ordinance making a
capital budget decision as provided in RCW 36.70A.120; or
(v) The proposed change is to a resolution or ordinance enacting a
moratorium or interim control adopted under RCW 36.70A.390.
(3) This section is prospective in effect and does not apply to a
comprehensive plan, development regulation, or amendment adopted before
July 27, 1997.
(4) Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 49 RCW 36.70A.367 and 2007 c 433 s 1 are each amended to
read as follows:
(1) In addition to the major industrial development allowed under
RCW 36.70A.365, a county planning under RCW 36.70A.040 that meets the
criteria in subsection (5) of this section may establish, in
consultation with cities consistent with provisions of RCW 36.70A.210,
a process for designating a bank of no more than two master planned
locations for major industrial activity outside urban growth areas.
(2) A master planned location for major industrial developments may
be approved through a two-step process: Designation of an industrial
land bank area in the comprehensive plan; and subsequent approval of
specific major industrial developments through a local master plan
process described under subsection (3) of this section.
(a) The comprehensive plan must identify locations suited to major
industrial development due to proximity to transportation or resource
assets. The plan must identify the maximum size of the industrial land
bank area and any limitations on major industrial developments based on
local limiting factors, but does not need to specify a particular
parcel or parcels of property or identify any specific use or user
except as limited by this section. In selecting locations for the
industrial land bank area, priority must be given to locations that are
adjacent to, or in close proximity to, an urban growth area.
(b) The environmental review for amendment of the comprehensive
plan must be at the programmatic level and, in addition to a threshold
determination, must include:
(i) An inventory of developable land as provided in RCW 36.70A.365;
and
(ii) An analysis of the availability of alternative sites within
urban growth areas and the long-term annexation feasibility of sites
outside of urban growth areas.
(c) Final approval of an industrial land bank area under this
section must be by amendment to the comprehensive plan adopted under
RCW 36.70A.070, and the amendment is exempt from the limitation of RCW
36.70A.130(2) and may be considered at any time. Approval of a
specific major industrial development within the industrial land bank
area requires no further amendment of the comprehensive plan.
(3) In concert with the designation of an industrial land bank
area, a county shall also adopt development regulations for review and
approval of specific major industrial developments through a master
plan process. The regulations governing the master plan process shall
ensure, at a minimum, that:
(a) Urban growth will not occur in adjacent nonurban areas;
(b) Development is consistent with the county's development
regulations adopted for protection of critical areas;
(c) Required infrastructure is identified and provided concurrent
with development. Such infrastructure, however, may be phased in with
development;
(d) Transit-oriented site planning and demand management programs
are specifically addressed as part of the master plan approval;
(e) Provision is made for addressing environmental protection,
including air and water quality, as part of the master plan approval;
(f) The master plan approval includes a requirement that interlocal
agreements between the county and service providers, including cities
and special purpose districts providing facilities or services to the
approved master plan, be in place at the time of master plan approval;
(g) A major industrial development is used primarily by industrial
and manufacturing businesses, and that the gross floor area of all
commercial and service buildings or facilities locating within the
major industrial development does not exceed ten percent of the total
gross floor area of buildings or facilities in the development. The
intent of this provision for commercial or service use is to meet the
needs of employees, clients, customers, vendors, and others having
business at the industrial site, to attract and retain a quality
workforce, and to further other public objectives, such as trip
reduction. These uses may not be promoted to attract additional
clientele from the surrounding area. Commercial and service businesses
must be established concurrently with or subsequent to the industrial
or manufacturing businesses;
(h) New infrastructure is provided for and/or applicable impact
fees are paid to assure that adequate facilities are provided
concurrently with the development. Infrastructure may be achieved in
phases as development proceeds;
(i) Buffers are provided between the major industrial development
and adjacent rural areas;
(j) Provision is made to mitigate adverse impacts on designated
agricultural lands, forest lands, and mineral resource lands; and
(k) An open record public hearing is held before either the
planning commission or hearing examiner with notice published at least
thirty days before the hearing date and mailed to all property owners
within one mile of the site.
(4) For the purposes of this section:
(a) "Major industrial development" means a master planned location
suitable for manufacturing or industrial businesses that: (i) Requires
a parcel of land so large that no suitable parcels are available within
an urban growth area; (ii) is a natural resource-based industry
requiring a location near agricultural land, forest land, or mineral
resource land upon which it is dependent; or (iii) requires a location
with characteristics such as proximity to transportation facilities or
related industries such that there is no suitable location in an urban
growth area. The major industrial development may not be for the
purpose of retail commercial development or multitenant office parks.
(b) "Industrial land bank" means up to two master planned
locations, each consisting of a parcel or parcels of contiguous land,
sufficiently large so as not to be readily available within the urban
growth area of a city, or otherwise meeting the criteria contained in
(a) of this subsection, suitable for manufacturing, industrial, or
commercial businesses and designated by the county through the
comprehensive planning process specifically for major industrial use.
(5) This section and the termination provisions specified in
subsection (6) of this section apply to a county that at the time the
process is established under subsection (1) of this section:
(a) Has a population greater than two hundred fifty thousand and is
part of a metropolitan area that includes a city in another state with
a population greater than two hundred fifty thousand;
(b) Has a population greater than one hundred forty thousand and is
adjacent to another country;
(c) Has a population greater than forty thousand but less than
seventy-five thousand and has an average level of unemployment for the
preceding three years that exceeds the average state unemployment for
those years by twenty percent; and
(i) Is bordered by the Pacific Ocean;
(ii) Is located in the Interstate 5 or Interstate 90 corridor; or
(iii) Is bordered by Hood Canal;
(d) Is east of the Cascade divide; and
(i) Borders another state to the south; or
(ii) Is located wholly south of Interstate 90 and borders the
Columbia river to the east;
(e) Has an average population density of less than one hundred
persons per square mile as determined by the office of financial
management, and is bordered by the Pacific Ocean and by Hood Canal; or
(f) Meets all of the following criteria:
(i) Has a population greater than forty thousand but fewer than
eighty thousand;
(ii) Has an average level of unemployment for the preceding three
years that exceeds the average state unemployment for those years by
twenty percent; and
(iii) Is located in the Interstate 5 or Interstate 90 corridor.
(6) In order to identify and approve locations for industrial land
banks, the county shall take action to designate one or more industrial
land banks and adopt conforming regulations as provided by ((RCW
36.70A.367(2))) subsection (2) of this section on or before the last
date to complete that county's next periodic review under RCW
36.70A.130(4) that occurs prior to December 31, 2014. The authority to
take action to designate a land bank area in the comprehensive plan
expires if not acted upon by the county within the time frame provided
in this section. Once a land bank area has been identified in the
county's comprehensive plan, the authority of the county to process a
master plan or site projects within an approved master plan does not
expire.
(7) Any county seeking to designate an industrial land bank under
this section must:
(a) Provide countywide notice, in conformity with RCW 36.70A.035,
of the intent to designate an industrial land bank. Notice must be
published in a newspaper or newspapers of general circulation
reasonably likely to reach subscribers in all geographic areas of the
county. Notice must be provided not less than thirty days prior to
commencement of consideration by the county legislative body; and
(b) Make a written determination of the criteria and rationale used
by the legislative body as the basis for siting an industrial land bank
under this chapter.
(8) Any location included in an industrial land bank pursuant to
section 2, chapter 289, Laws of 1998, section 1, chapter 402, Laws of
1997, and section 2, chapter 167, Laws of 1996 shall remain available
for major industrial development according to this section as long as
the requirements of this section continue to be satisfied.
(9) Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 50 RCW 36.70B.110 and 1997 c 429 s 48 and 1997 c 396 s 1 are
each reenacted and amended to read as follows:
(1) Not later than April 1, 1996, a local government planning under
RCW 36.70A.040 shall provide a notice of application to the public and
the departments and agencies with jurisdiction as provided in this
section. If a local government has made a threshold determination
under chapter 43.21C RCW concurrently with the notice of application,
the notice of application may be combined with the threshold
determination and the scoping notice for a determination of
significance. Nothing in this section prevents a determination of
significance and scoping notice from being issued prior to the notice
of application. Nothing in this section or this chapter prevents a
lead agency, when it is a project proponent or is funding a project,
from conducting its review under chapter 43.21C RCW or from allowing
appeals of procedural determinations prior to submitting a project
permit application.
(2) The notice of application shall be provided within fourteen
days after the determination of completeness as provided in RCW
36.70B.070 and, except as limited by the provisions of subsection
(4)(b) of this section, shall include the following in whatever
sequence or format the local government deems appropriate:
(a) The date of application, the date of the notice of completion
for the application, and the date of the notice of application;
(b) A description of the proposed project action and a list of the
project permits included in the application and, if applicable, a list
of any studies requested under RCW 36.70B.070 ((or 36.70B.090));
(c) The identification of other permits not included in the
application to the extent known by the local government;
(d) The identification of existing environmental documents that
evaluate the proposed project, and, if not otherwise stated on the
document providing the notice of application, such as a city land use
bulletin, the location where the application and any studies can be
reviewed;
(e) A statement of the public comment period, which shall be not
less than fourteen nor more than thirty days following the date of
notice of application, and statements of the right of any person to
comment on the application, receive notice of and participate in any
hearings, request a copy of the decision once made, and any appeal
rights. A local government may accept public comments at any time
prior to the closing of the record of an open record predecision
hearing, if any, or, if no open record predecision hearing is provided,
prior to the decision on the project permit;
(f) The date, time, place, and type of hearing, if applicable and
scheduled at the date of notice of the application;
(g) A statement of the preliminary determination, if one has been
made at the time of notice, of those development regulations that will
be used for project mitigation and of consistency as provided in RCW
36.70B.030(2); and
(h) Any other information determined appropriate by the local
government.
(3) If an open record predecision hearing is required for the
requested project permits, the notice of application shall be provided
at least fifteen days prior to the open record hearing.
(4) A local government shall use reasonable methods to give the
notice of application to the public and agencies with jurisdiction and
may use its existing notice procedures. A local government may use
different types of notice for different categories of project permits
or types of project actions. If a local government by resolution or
ordinance does not specify its method of public notice, the local
government shall use the methods provided for in (a) and (b) of this
subsection. Examples of reasonable methods to inform the public are:
(a) Posting the property for site-specific proposals;
(b) Publishing notice, including at least the project location,
description, type of permit(s) required, comment period dates, and
location where the notice of application required by subsection (2) of
this section and the complete application may be reviewed, in the
newspaper of general circulation in the general area where the proposal
is located or in a local land use newsletter published by the local
government;
(c) Notifying public or private groups with known interest in a
certain proposal or in the type of proposal being considered;
(d) Notifying the news media;
(e) Placing notices in appropriate regional or neighborhood
newspapers or trade journals;
(f) Publishing notice in agency newsletters or sending notice to
agency mailing lists, either general lists or lists for specific
proposals or subject areas; and
(g) Mailing to neighboring property owners.
(5) A notice of application shall not be required for project
permits that are categorically exempt under chapter 43.21C RCW, unless
an open record predecision hearing is required or an open record appeal
hearing is allowed on the project permit decision.
(6) A local government shall integrate the permit procedures in
this section with its environmental review under chapter 43.21C RCW as
follows:
(a) Except for a threshold determination and except as otherwise
expressly allowed in this section, the local government may not issue
a decision or a recommendation on a project permit until the expiration
of the public comment period on the notice of application.
(b) If an open record predecision hearing is required, the local
government shall issue its threshold determination at least fifteen
days prior to the open record predecision hearing.
(c) Comments shall be as specific as possible.
(d) A local government is not required to provide for
administrative appeals of its threshold determination. If provided, an
administrative appeal shall be filed within fourteen days after notice
that the determination has been made and is appealable. Except as
otherwise expressly provided in this section, the appeal hearing on a
determination of nonsignificance shall be consolidated with any open
record hearing on the project permit.
(7) At the request of the applicant, a local government may combine
any hearing on a project permit with any hearing that may be held by
another local, state, regional, federal, or other agency, if:
(a) The hearing is held within the geographic boundary of the local
government; and
(b) The joint hearing can be held within the time periods specified
in RCW ((36.70B.090)) 36.70B.070 or the applicant agrees to the
schedule in the event that additional time is needed in order to
combine the hearings. All agencies of the state of Washington,
including municipal corporations and counties participating in a
combined hearing, are hereby authorized to issue joint hearing notices
and develop a joint format, select a mutually acceptable hearing body
or officer, and take such other actions as may be necessary to hold
joint hearings consistent with each of their respective statutory
obligations.
(8) All state and local agencies shall cooperate to the fullest
extent possible with the local government in holding a joint hearing if
requested to do so, as long as:
(a) The agency is not expressly prohibited by statute from doing
so;
(b) Sufficient notice of the hearing is given to meet each of the
agencies' adopted notice requirements as set forth in statute,
ordinance, or rule; and
(c) The agency has received the necessary information about the
proposed project from the applicant to hold its hearing at the same
time as the local government hearing.
(9) A local government is not required to provide for
administrative appeals. If provided, an administrative appeal of the
project decision and of any environmental determination issued at the
same time as the project decision, shall be filed within fourteen days
after the notice of the decision or after other notice that the
decision has been made and is appealable. The local government shall
extend the appeal period for an additional seven days, if state or
local rules adopted pursuant to chapter 43.21C RCW allow public comment
on a determination of nonsignificance issued as part of the appealable
project permit decision.
(10) The applicant for a project permit is deemed to be a
participant in any comment period, open record hearing, or closed
record appeal.
(11) Each local government planning under RCW 36.70A.040 shall
adopt procedures for administrative interpretation of its development
regulations.
(12) Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 51 RCW 36.73.050 and 2007 c 329 s 3 are each amended to read
as follows:
(1) The legislative authorities proposing to establish a district,
or to modify the boundaries of an existing district, or to dissolve an
existing district shall conduct a hearing at the time and place
specified in a notice published at least once, not less than ten days
before the hearing, in a newspaper of general circulation within the
proposed district. Subject to the provisions of RCW 36.73.170, the
legislative authorities shall make provision for a district to be
automatically dissolved when all indebtedness of the district has been
retired and anticipated responsibilities have been satisfied. This
notice shall be in addition to any other notice required by law to be
published. The notice shall, where applicable, specify the functions
or activities proposed to be provided or funded, or the additional
functions or activities proposed to be provided or funded, by the
district. Additional notice of the hearing may be given by mail, by
posting within the proposed district, or in any manner the legislative
authorities deem necessary to notify affected persons. All hearings
shall be public and the legislative authorities shall hear objections
from any person affected by the formation, modification of the
boundaries, or dissolution of the district.
(2)(a) Following the hearing held pursuant to subsection (1) of
this section, the legislative authorities may establish a district,
modify the boundaries or functions of an existing district, or dissolve
an existing district, if the legislative authorities find the action to
be in the public interest and adopt an ordinance providing for the
action.
(b) The ordinance establishing a district shall specify the
functions and transportation improvements described under RCW 36.73.015
to be exercised or funded and establish the boundaries of the district.
Subject to the provisions of RCW 36.73.160, functions or transportation
improvements proposed to be provided or funded by the district may not
be expanded beyond those specified in the notice of hearing, unless
additional notices are made, further hearings on the expansion are
held, and further determinations are made that it is in the public
interest to so expand the functions or transportation improvements
proposed to be provided or funded.
(3) Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 52 RCW 36.75.270 and 1963 c 4 s 36.75.270 are each amended
to read as follows:
The board of county commissioners of each county may by resolution
limit or prohibit classes or types of vehicles on any county road or
bridge and may limit the weight of vehicles which may travel thereon.
Any such resolution shall be effective for a definite period of time
which shall be stated in the resolution. If such resolution is
published at least once in a newspaper of general circulation in the
county and if signs indicating such closure or limitation of traffic
have been posted on such road or bridge, any person violating such
resolution shall be guilty of a misdemeanor.
Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 53 RCW 36.77.070 and 2009 c 549 s 4126 and 2009 c 29 s 2 are
each reenacted and amended to read as follows:
If the board determines that any construction should be performed
by county forces, and the estimated cost of the work exceeds ten
thousand dollars, it shall cause to be published in one issue of a
newspaper of general circulation in the county, a brief description of
the work to be done and the county road engineer's estimate of the cost
thereof. At the completion of such construction, the board shall cause
to be published in one issue of such a newspaper a similar brief
description of the work together with an accurate statement of the true
and complete cost of performing such construction by county forces.
Failure to make the required publication shall subject each county
commissioner to a fine of one hundred dollars for which he or she shall
be liable individually and upon his or her official bond and the
prosecuting attorney shall prosecute for violation of the provisions of
this section and RCW 36.77.065.
Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 54 RCW 36.81.070 and 1963 c 4 s 36.81.070 are each amended
to read as follows:
The board shall fix a time and place for hearing the report of the
engineer and cause notice thereof to be published once a week for two
successive weeks in the county official newspaper and to be posted for
at least twenty days at each termini of the proposed road.
The notice shall set forth the termini of the road as set out in
the resolution of the board, or the freeholders' petition, as the case
may be, and shall state that all persons interested may appear and be
heard at such hearing upon the report and recommendation of the
engineer either to proceed or not to proceed with establishing the
road.
Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 55 RCW 36.82.190 and 1985 c 469 s 50 are each amended to
read as follows:
The county legislative authority shall then publish a notice
setting day of hearing for the adoption of the final supplemental
budget covering the excess funds, designating the time and place of
hearing and that anyone may appear thereat and be heard for or against
any part of the preliminary supplemental budget. The notice shall be
published once a week for two consecutive weeks immediately following
the adoption of the preliminary supplemental budget in the official
newspaper of the county. The county legislative authority shall
provide a sufficient number of copies of the preliminary supplemental
budget to meet reasonable public demands and they shall be available
not later than two weeks immediately preceding the hearing.
Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 56 RCW 36.83.020 and 1996 c 292 s 2 are each amended to read
as follows:
(1) A county legislative authority proposing to establish a service
district shall conduct a hearing at the time and place specified in a
notice published at least once, not less than ten days prior to the
hearing, in a newspaper of general circulation within the proposed
service district. This notice shall be in addition to any other notice
required by law to be published. The notice shall specify the
functions or activities proposed to be provided or funded by the
service district. Additional notice of the hearing may be given by
mail, posting within the proposed service district, or in any manner
the county legislative authority deems necessary to notify affected
persons. All hearings shall be public and the county legislative
authority shall hear objections from any person affected by the
formation, modification of the boundaries, or dissolution of the
service district.
(2) Following the hearing held pursuant to subsection (1) of this
section, the county legislative authority may establish a service
district if the county legislative authority finds the action to be in
the public interest and adopts an ordinance or resolution providing for
the establishment of the service district. The legislation
establishing a service district shall specify the functions or
activities to be exercised or funded and establish the boundaries of
the service district. Functions or activities proposed to be provided
or funded by the service district may not be expanded beyond those
specified in the notice of hearing, except as provided in subsection
(4) of this section.
(3) At any time prior to the county legislative authority
establishing a service district pursuant to this section, all further
proceedings shall be terminated upon the filing of a verified
declaration of termination signed by a majority of the registered
voters of the proposed service district.
(4) With the approval of the county legislative authority, the
governing body of a service district may modify the boundaries of,
expand or otherwise modify the functions of, or dissolve the service
district after providing notice and conducting a public hearing or
hearings in the manner provided in subsection (1) of this section. The
governing body must make a determination that the proposed action is in
the public interest and adopt a resolution providing for the action.
(5) Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 57 RCW 36.87.050 and 1963 c 4 s 36.87.050 are each amended
to read as follows:
Notice of hearing upon the report for vacation and abandonment of
a county road shall be published at least once a week for two
consecutive weeks preceding the date fixed for the hearing, in the
county official newspaper and a copy of the notice shall be posted for
at least twenty days preceding the date fixed for hearing at each
termini of the county road or portion thereof proposed to be vacated or
abandoned.
Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.
Sec. 58 RCW 36.88.030 and 1970 ex.s. c 66 s 2 are each amended to
read as follows:
In case the board of county commissioners shall desire to initiate
the formation of a county road improvement district by resolution, it
shall first pass a resolution declaring its intention to order such
improvement, setting forth the nature and territorial extent of such
proposed improvement, designating the number of the proposed road
improvement district and describing the boundaries thereof, stating the
estimated cost and expense of the improvement and the proportionate
amount thereof which will be borne by the property within the proposed
district, notifying the owners of property therein to appear at a
meeting of the board at the time specified in such resolution, and
directing the county road engineer to submit to the board at or prior
to the date fixed for such hearing a diagram or print showing thereon
the lots, tracts and parcels of land and other property which will be
specially benefited thereby and the estimated amount of the cost and
expense of such improvement to be borne by each lot, tract or parcel of
land or other property, and also designating thereon all property which
is being purchased under contract from the county. The resolution of
intention shall be published in at least two consecutive issues of a
newspaper of general circulation in such county, the date of the first
publication to be at least fifteen days prior to the date fixed by such
resolution for hearing before the board of county commissioners.
Notice of the adoption of the resolution of intention shall be
given each owner or reputed owner of any lot, tract or parcel of land
or other property within the proposed improvement district by mailing
said notice to the owner or reputed owner of the property as shown on
the tax rolls of the county treasurer at the address shown thereon at
least fifteen days before the date fixed for the public hearing. The
notice shall refer to the resolution of intention and designate the
proposed improvement district by number. Said notice shall also set
forth the nature of the proposed improvement, the total estimated cost,
the proportion of total cost to be borne by assessments, the estimated
amount of the cost and expense of such improvement to be borne by the
particular lot, tract or parcel, the date and place of the hearing
before the board of county commissioners, and shall contain the
directions hereinafter provided for voting upon the formation of the
proposed improvement district.
The clerk of the board shall prepare and mail, together with the
notice above referred to, a ballot for each owner or reputed owner of
any lot, tract or parcel of land within the proposed improvement
district. This ballot shall contain the following proposition:
Sec. 59 RCW 36.88.050 and 1963 c 4 s 36.88.050 are each amended
to read as follows:
In case any such road improvement shall be initiated by petition,
such petition shall set forth the nature and territorial extent of such
proposed improvement, and the fact that the signers thereof are the
owners, according to the records of the county auditor of property to
an aggregate amount of a majority of the lineal frontage upon the
improvement to be made and of the area within the limits of the
assessment district to be created therefor.
Upon the filing of such petition the board shall determine whether
the same shall be sufficient and whether the property within the
proposed district shall be sufficiently developed and if the board
shall find the district to be sufficiently developed and the petition
to be sufficient, it shall proceed to adopt a resolution setting forth
the nature and territorial extent of the improvement petitioned for,
designating the number of the proposed improvement district and
describing the boundaries thereof, stating the estimated cost and
expense of the improvement and the proportionate amount thereof which
will be borne by the property within the proposed district, notifying
the owners of property therein to appear at a meeting of the board at
the time specified in such resolution, and directing the county road
engineer to submit to the board at or prior to the date fixed for such
hearing a diagram or print showing thereon the lots, tracts and parcels
of land and other property which will be specially benefited thereby
and the estimated amount of the cost and expense of such improvement to
be borne by each lot, tract or parcel of land or other property, and
also designating thereon all property which is being purchased under
contract from the county. The resolution of intention shall be
published in at least two consecutive issues of a newspaper of general
circulation in such county, the date of the first publication to be at
least fifteen days prior to the date fixed by such resolution for
hearing before the board of county commissioners.
Notice of the adoption of the resolution of intention shall be
given each owner or reputed owner of any lot, tract or parcel of land
or other property within the proposed improvement district by mailing
said notice to the owner or reputed owner of the property as shown on
the tax rolls of the county treasurer at the address shown thereon at
least fifteen days before the date fixed for the public hearing. The
notice shall refer to the resolution of intention and designate the
proposed improvement district by number. Said notice shall also set
forth the nature of the proposed improvement, the total estimated cost,
the proportion of total cost to be borne by assessments, the estimated
amount of the cost and expense of such improvement to be borne by the
particular lot, tract or parcel, the date and place of the hearing
before the board of county commissioners, and the fact that property
owners may withdraw their names from the petition or add their names
thereto at any time prior to five o'clock p.m. of the day before the
hearing.
Publications required by this section may be in the form of a
summary that complies with RCW 36.72.071.