AN ACT Relating to the protection of military installations operated by the United States armed services from incompatible development; amending RCW 36.70A.530; adding a new section to chapter 43.330 RCW; and creating a new section.

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

(2) To continue to ensure that appropriate steps are taken to protect military installations from incompatible development and to remedy situations in which incompatible development threatens the viability of military installation operations, it is the goal of this act to:

(a) Strengthen the existing growth management act coordination process between local governments and military installations, and to require that when local planning studies have considered how to mitigate and avoid incompatible growth around military installations, the results of those planning efforts should be incorporated into local growth plans and regulations;

(b) Establish a process for prioritizing capital budget funding to address incompatible development surrounding military installations; and

(c) Require military installations to be treated similarly to other regional growth centers by regional transportation planning organizations.

Sec. 2.  RCW 36.70A.530 and 2004 c 28 s 2 are each amended to read as follows:

(1) Military installations are of particular importance to the economic health of the state of Washington and it is a priority of the state to protect the land surrounding our military installations from incompatible development.

(2) Comprehensive plans, amendments to comprehensive plans, development regulations, or amendments to development regulations adopted under this section shall be adopted or amended concurrent with the scheduled update provided in RCW 36.70A.130, except that counties and cities identified in RCW 36.70A.130(4)(a) shall comply with this section on or before December 1, 2005, and shall thereafter comply with this section on a schedule consistent with RCW 36.70A.130(4).

(3) A comprehensive plan, amendment to a plan, a development regulation, or amendment to a development regulation, should not allow development in the vicinity of a military installation that is incompatible with the installation's ability to carry out its mission requirements. A city or county may find that an existing comprehensive plan or development regulations are compatible with the installation's ability to carry out its mission requirements.

(4)(a) As part of the requirements of RCW 36.70A.070(1) each county and city planning under RCW 36.70A.040 that has a federal military installation, other than a reserve center or a recruiting center, that ((employs one hundred or more personnel and)) is operated by the United States ((department of defense)) armed services within or adjacent to its border, shall notify the commander of ((the military installation of the county's or city's intent)) proposals by the county or city to amend ((its)) a comprehensive plan or amend or adopt development regulations ((to address lands adjacent to military installations to ensure those lands are protected from incompatible development)) if the proposal applies to lands where development may interfere with the installation's ability to carry out its current or future mission requirements. The notice provided to the commander must fully inform the commander of the county's or city's proposal.

(5)(((a))) The notice provided under subsection (4) of this section shall request from the commander ((of the military installation)) a written ((recommendation and supporting facts)) response with comments relating to the ((use of land being considered in the adoption of a comprehensive plan or an amendment to a plan)) county's or city's proposal and providing recommendations to ensure the military installation is protected from incompatible development. The notice shall provide sixty days for a response from the commander. If the commander does not submit a response to such request within sixty days, the local government may presume that implementation of the proposed plan ((or)), plan amendment, development regulation, or amended development regulation will not have any adverse effect on the operation of the installation.

NEW SECTION.  Sec. 3.  A new section is added to chapter 43.330 RCW to read as follows:

(1) The department of commerce must establish a competitive process to solicit proposals for and prioritize projects whose primary objective is to increase the compatibility of surrounding land uses with current or future missions at military bases within Washington.

(2) The department of commerce must establish a competitive process to prioritize applications for the assistance as follows:

(a) The department of commerce must conduct a statewide solicitation of project applications from local governments, nonprofit organizations, and other entities that the department of commerce determines has the potential to be viable proponents of eligible projects. The department of commerce must evaluate and rank applications in consultation with a citizen advisory committee using objective criteria. At a minimum, applicants must demonstrate that the requested assistance will increase the viability of military bases for current or future missions. The evaluation and ranking process must also include an examination of existing assets that applicants propose to apply to projects. Grant assistance under this section may not exceed twenty-five percent of the total cost of the project. The nonstate portion of the total project cost may include cash, the value of real property when acquired solely for the purpose of the project, and in-kind contributions.

(b) Eligible projects may include: Acquisition of real property or real property interests to eliminate an existing incompatible use; projects to jointly assist in the recovery or protection of endangered species dependent on military base property for habitat; local infrastructure or facilities necessary to help a community accommodate an expanded military presence in their community; projects or programs to increase the availability of housing affordable to enlisted military personnel; and projects to retrofit existing uses to increase their compatibility with existing military operations.

(c) Where one or more counties or cities and a military base have jointly developed plans or studies, such as a joint land use study, to identify potentially incompatible uses and necessary mitigation and avoidance measures, a county or city must adopt comprehensive plan and development regulation amendments consistent with RCW 36.70A.530(6) in order to be eligible to submit requests for funding.

(d) The department of commerce must submit a prioritized list of recommended projects to the governor and the legislature in the department of commerce's biennial capital budget request beginning with the 2019-2021 biennium and every two years thereafter. The list must include a description of each project, the amount of recommended state funding, and documentation of nonstate funds to be used for the project. The total amount of recommended state funding for projects on a biennial project list must not exceed twenty-five million dollars. The department of commerce may not sign contracts or otherwise financially obligate funds under this section until the legislature has approved a specific list of projects.

(e) In contracts for grants authorized under this section that include the purchase of real property or real property interests, the department of commerce must include provisions that require that any subsequent reuse or disposal does not allow an incompatible land use.

(f) In contracts for grants authorized under this section the department of commerce must include provisions that require that capital improvements be held by the grantee for a specified period of time appropriate to the amount of the grant and that facilities be used for the express purpose of the grant. If the grantee is found to be out of compliance with provisions of the contract, the grantee must repay to the state general fund the principal amount of the grant plus interest calculated at the rate of interest on state of Washington general obligation bonds issued most closely to the date of authorization of the grant.

(3) The department of commerce may adopt rules to implement this section.

--- END ---