AN ACT Relating to planning under the growth management act; 1amending RCW 90.58.080, 90.58.080, 36.70A.040, 36.70A.080, 236.70A.106, 36.70A.110, 36.70A.190, and 36.70A.210; reenacting and 3amending RCW 36.70A.130; providing an effective date; and providing 4an expiration date.5

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6

Sec. 1. RCW 36.70A.130 and 2020 c 113 s 1 and 2020 c 20 s 1026 7are each reenacted and amended to read as follows:8

(1)(a) Each comprehensive land use plan and development 9regulations shall be subject to continuing review and evaluation by 10the county or city that adopted them. Except as otherwise provided, a 11county or city shall take legislative action to review and, if 12needed, revise its comprehensive land use plan and development 13regulations to ensure the plan and regulations comply with the 14requirements of this chapter according to the deadlines in 15subsections (4) and (5) of this section.16

(b) Except as otherwise provided, a county or city not planning 17under RCW 36.70A.040 shall take action to review and, if needed, 18revise its policies and development regulations regarding critical 19areas and natural resource lands adopted according to this chapter to 20ensure these policies and regulations comply with the requirements of 21

H-0913.1SUBSTITUTE HOUSE BILL 1241

State of Washington 67th Legislature 2021 Regular SessionBy House Local Government (originally sponsored by Representatives Duerr, Berg, Ortiz-Self, Bateman, Wicks, Macri, Harris-Talley, and Pollet)READ FIRST TIME 02/15/21.

p. 1 SHB 1241

this chapter according to the deadlines in subsections (4) and (5) of 1this section. Legislative action means the adoption of a resolution 2or ordinance following notice and a public hearing indicating at a 3minimum, a finding that a review and evaluation has occurred and 4identifying the revisions made, or that a revision was not needed and 5the reasons therefor.6

(c) The review and evaluation required by this subsection shall 7include, but is not limited to, consideration of critical area 8ordinances and, if planning under RCW 36.70A.040, an analysis of the 9population allocated to a city or county from the most recent ten-10year population forecast by the office of financial management.11

(d) Any amendment of or revision to a comprehensive land use plan 12shall conform to this chapter. Any amendment of or revision to 13development regulations shall be consistent with and implement the 14comprehensive plan.15

(2)(a) Each county and city shall establish and broadly 16disseminate to the public a public participation program consistent 17with RCW 36.70A.035 and 36.70A.140 that identifies procedures and 18schedules whereby updates, proposed amendments, or revisions of the 19comprehensive plan are considered by the governing body of the county 20or city no more frequently than once every year. "Updates" means to 21review and revise, if needed, according to subsection (1) of this 22section, and the deadlines in subsections (4) and (5) of this section 23or in accordance with the provisions of subsection (6) of this 24section. Amendments may be considered more frequently than once per 25year under the following circumstances:26

(i) The initial adoption of a subarea plan. Subarea plans adopted 27under this subsection (2)(a)(i) must clarify, supplement, or 28implement jurisdiction-wide comprehensive plan policies, and may only 29be adopted if the cumulative impacts of the proposed plan are 30addressed by appropriate environmental review under chapter 43.21C 31RCW;32

(ii) The development of an initial subarea plan for economic 33development located outside of the one hundred year floodplain in a 34county that has completed a state-funded pilot project that is based 35on watershed characterization and local habitat assessment;36

(iii) The adoption or amendment of a shoreline master program 37under the procedures set forth in chapter 90.58 RCW;38

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(iv) The amendment of the capital facilities element of a 1comprehensive plan that occurs concurrently with the adoption or 2amendment of a county or city budget; or3

(v) The adoption of comprehensive plan amendments necessary to 4enact a planned action under RCW 43.21C.440, provided that amendments 5are considered in accordance with the public participation program 6established by the county or city under this subsection (2)(a) and 7all persons who have requested notice of a comprehensive plan update 8are given notice of the amendments and an opportunity to comment.9

(b) Except as otherwise provided in (a) of this subsection, all 10proposals shall be considered by the governing body concurrently so 11the cumulative effect of the various proposals can be ascertained. 12However, after appropriate public participation a county or city may 13adopt amendments or revisions to its comprehensive plan that conform 14with this chapter whenever an emergency exists or to resolve an 15appeal of a comprehensive plan filed with the growth management 16hearings board or with the court.17

(3)(a) Each county that designates urban growth areas under RCW 1836.70A.110 shall review, according to the schedules established in 19subsections (4) and (5) of this section, its designated urban growth 20area or areas, and the densities permitted within both the 21incorporated and unincorporated portions of each urban growth area. 22In conjunction with this review by the county, each city located 23within an urban growth area shall review the densities permitted 24within its boundaries, and the extent to which the urban growth 25occurring within the county has located within each city and the 26unincorporated portions of the urban growth areas.27

(b) The county comprehensive plan designating urban growth areas, 28and the densities permitted in the urban growth areas by the 29comprehensive plans of the county and each city located within the 30urban growth areas, shall be revised to accommodate the urban growth 31projected to occur in the county for the succeeding twenty-year 32period. The review required by this subsection may be combined with 33the review and evaluation required by RCW 36.70A.215.34

(4) Except as otherwise provided in subsections (6) and (8) of 35this section, counties and cities shall take action to review and, if 36needed, revise their comprehensive plans and development regulations 37to ensure the plan and regulations comply with the requirements of 38this chapter as follows:39

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(a) On or before June 30, 2015, for King, Pierce, and Snohomish 1counties and the cities within those counties;2

(b) On or before June 30, 2016, for Clallam, Clark, Island, 3Jefferson, Kitsap, Mason, San Juan, Skagit, Thurston, and Whatcom 4counties and the cities within those counties;5

(c) On or before June 30, 2017, for Benton, Chelan, Cowlitz, 6Douglas, Kittitas, Lewis, Skamania, Spokane, and Yakima counties and 7the cities within those counties; and8

(d) On or before June 30, 2018, for Adams, Asotin, Columbia, 9Ferry, Franklin, Garfield, Grant, Grays Harbor, Klickitat, Lincoln, 10Okanogan, Pacific, Pend Oreille, Stevens, Wahkiakum, Walla Walla, and 11Whitman counties and the cities within those counties.12

(5)(a) Except as otherwise provided in subsections (6) and (8) of 13this section, following the review of comprehensive plans and 14development regulations required by subsection (4) of this section, 15counties and cities shall take action to review and, if needed, 16revise their comprehensive plans and development regulations to 17ensure the plan and regulations comply with the requirements of this 18chapter as follows:19

(((a))) (i) On or before June 30, 2024, and every ((eight)) ten 20years thereafter, for King, Kitsap, Pierce, and Snohomish counties 21and the cities within those counties;22

(((b))) (ii) On or before June 30, 2025, and every ((eight)) ten 23years thereafter, for Clallam, Clark, Island, Jefferson, Lewis, 24Mason, San Juan, Skagit, Thurston, and Whatcom counties and the 25cities within those counties;26

(((c))) (iii) On or before June 30, 2026, and every ((eight)) ten 27years thereafter, for Benton, Chelan, Cowlitz, Douglas, Franklin, 28Kittitas, Skamania, Spokane, Walla Walla, and Yakima counties and the 29cities within those counties; and30

(((d))) (iv) On or before June 30, 2027, and every ((eight)) ten 31years thereafter, for Adams, Asotin, Columbia, Ferry, Garfield, 32Grant, Grays Harbor, Klickitat, Lincoln, Okanogan, Pacific, Pend 33Oreille, Stevens, Wahkiakum, and Whitman counties and the cities 34within those counties.35

(b) By no later than December 31st of the year following adoption 36of a comprehensive plan after January 1, 2024, and annually 37thereafter, each county and city planning under RCW 36.70A.040 with a 38population of 7,500 or more, except those counties and cities that 39have experienced a decrease in natural population during the second 40

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most recent year for which the office of financial management has 1filed a certificate with the secretary of state showing its 2determination of population pursuant to RCW 43.62.030 and 43.62.035, 3shall create an annual work program for implementing its 4comprehensive plan. The work program shall describe the development 5regulations and nonregulatory measures, including actions for 6acquiring and spending money in support of the work program, which 7are to be considered in the upcoming year, as well as those measures 8and actions which were considered and acted upon in the current year-9to-date.10

(6)(a) Nothing in this section precludes a county or city from 11conducting the review and evaluation required by this section before 12the deadlines established in subsections (4) and (5) of this section. 13Counties and cities may begin this process early and may be eligible 14for grants from the department, subject to available funding, if they 15elect to do so.16

(b) A county that is subject to a deadline established in 17subsection (5)(a)(((ii) through (iv) [(b) through (d)])) of this 18section and meets the following criteria may comply with the 19requirements of this section at any time within the twenty-four 20months following the deadline established in subsection (5) of this 21section: The county has a population of less than fifty thousand and 22has had its population increase by no more than seventeen percent in 23the ten years preceding the deadline established in subsection (5) of 24this section as of that date.25

(c) A city that is subject to a deadline established in 26subsection (5)(a)(((ii) through (iv) [(b) through (d)])) of this 27section and meets the following criteria may comply with the 28requirements of this section at any time within the twenty-four 29months following the deadline established in subsection (5) of this 30section: The city has a population of no more than five thousand and 31has had its population increase by the greater of either no more than 32one hundred persons or no more than seventeen percent in the ten 33years preceding the deadline established in subsection (5) of this 34section as of that date.35

(d) State agencies are encouraged to provide technical assistance 36to the counties and cities in the review of critical area ordinances, 37comprehensive plans, and development regulations.38

(7)(a) The requirements imposed on counties and cities under this 39section shall be considered "requirements of this chapter" under the 40

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terms of RCW 36.70A.040(1). Only those counties and cities that meet 1the following criteria may receive grants, loans, pledges, or 2financial guarantees under chapter 43.155 or 70A.135 RCW:3

(i) Complying with the deadlines in this section; or4(ii) Demonstrating substantial progress towards compliance with 5

the schedules in this section for development regulations that 6protect critical areas.7

(b) A county or city that is fewer than twelve months out of 8compliance with the schedules in this section for development 9regulations that protect critical areas is making substantial 10progress towards compliance. Only those counties and cities in 11compliance with the schedules in this section may receive preference 12for grants or loans subject to the provisions of RCW 43.17.250.13

(8)(a) Except as otherwise provided in (c) of this subsection, if 14a participating watershed is achieving benchmarks and goals for the 15protection of critical areas functions and values, the county is not 16required to update development regulations to protect critical areas 17as they specifically apply to agricultural activities in that 18watershed.19

(b) A county that has made the election under RCW 36.70A.710(1) 20may only adopt or amend development regulations to protect critical 21areas as they specifically apply to agricultural activities in a 22participating watershed if:23

(i) A work plan has been approved for that watershed in 24accordance with RCW 36.70A.725;25

(ii) The local watershed group for that watershed has requested 26the county to adopt or amend development regulations as part of a 27work plan developed under RCW 36.70A.720;28

(iii) The adoption or amendment of the development regulations is 29necessary to enable the county to respond to an order of the growth 30management hearings board or court;31

(iv) The adoption or amendment of development regulations is 32necessary to address a threat to human health or safety; or33

(v) Three or more years have elapsed since the receipt of 34funding.35

(c) Beginning ten years from the date of receipt of funding, a 36county that has made the election under RCW 36.70A.710(1) must review 37and, if necessary, revise development regulations to protect critical 38areas as they specifically apply to agricultural activities in a 39participating watershed in accordance with the review and revision 40

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requirements and timeline in subsection (5) of this section. This 1subsection (8)(c) does not apply to a participating watershed that 2has determined under RCW 36.70A.720(2)(c)(ii) that the watershed's 3goals and benchmarks for protection have been met.4

(9)(a) Counties subject to planning deadlines established in 5subsection (5)(a) and (b) of this section, and cities within those 6counties, must provide to the department an implementation progress 7report detailing the progress they have achieved in implementing 8their comprehensive plan five years after the review and revision of 9their comprehensive plan.10

(b) The department shall adopt guidelines for indicators, 11measures, milestones, and criteria for use by counties and cities in 12the implementation progress report. At a minimum, these indicators, 13measures, milestones, and criteria must cover:14

(i) Housing affordability and availability within the 15jurisdiction;16

(ii) Permit processing timelines;17(iii) The protection of critical areas and the use of best 18

available science;19(iv) The jurisdiction's response to new statutory changes adopted 20

since the previous comprehensive plan update; and21(v) Achieving any required reductions to meet greenhouse gas 22

reduction and vehicle miles traveled requirements.23(c) Counties and cities subject to the review and evaluation 24

program requirements in RCW 36.70A.215 must include in the 25implementation progress report an identification of inconsistencies 26found during the review and evaluation between what has occurred 27since the adoption of the countywide planning policies and the county 28and city comprehensive plans and development regulations and what was 29envisioned in those policies and plans and the planning goals and the 30requirements of this chapter.31

(d) If a city or county has not implemented statutory changes 32adopted since the most recent periodic update in their comprehensive 33plan or development regulations by the due date for the 34implementation progress report, the city or county must identify the 35need for such changes in the implementation progress report, and must 36include necessary changes in the implementation work program required 37under this section. Cities and counties must then adopt any necessary 38changes within two years of submission for the implementation 39progress report.40

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Sec. 2. RCW 90.58.080 and 2011 c 353 s 13 are each amended to 1read as follows:2

(1) Local governments shall develop or amend a master program for 3regulation of uses of the shorelines of the state consistent with the 4required elements of the guidelines adopted by the department in 5accordance with the schedule established by this section.6

(2)(a) Subject to the provisions of subsections (5) and (6) of 7this section, each local government subject to this chapter shall 8develop or amend its master program for the regulation of uses of 9shorelines within its jurisdiction according to the following 10schedule:11

(i) On or before December 1, 2005, for the city of Port Townsend, 12the city of Bellingham, the city of Everett, Snohomish county, and 13Whatcom county;14

(ii) On or before December 1, 2009, for King county and the 15cities within King county greater in population than ten thousand;16

(iii) Except as provided by (a)(i) and (ii) of this subsection, 17on or before December 1, 2011, for Clallam, Clark, Jefferson, King, 18Kitsap, Pierce, Snohomish, Thurston, and Whatcom counties and the 19cities within those counties;20

(iv) On or before December 1, 2012, for Cowlitz, Island, Lewis, 21Mason, San Juan, Skagit, and Skamania counties and the cities within 22those counties;23

(v) On or before December 1, 2013, for Benton, Chelan, Douglas, 24Grant, Kittitas, Spokane, and Yakima counties and the cities within 25those counties; and26

(vi) On or before December 1, 2014, for Adams, Asotin, Columbia, 27Ferry, Franklin, Garfield, Grays Harbor, Klickitat, Lincoln, 28Okanogan, Pacific, Pend Oreille, Stevens, Wahkiakum, Walla Walla, and 29Whitman counties and the cities within those counties.30

(b) Nothing in this subsection (2) shall preclude a local 31government from developing or amending its master program prior to 32the dates established by this subsection (2).33

(3)(a) Following approval by the department of a new or amended 34master program, local governments required to develop or amend master 35programs on or before December 1, 2009, as provided by subsection 36(2)(a)(i) and (ii) of this section, shall be deemed to have complied 37with the schedule established by subsection (2)(a)(iii) of this 38section and shall not be required to complete master program 39amendments until the applicable dates established by subsection 40

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(4)(b) of this section. Any jurisdiction listed in subsection 1(2)(a)(i) of this section that has a new or amended master program 2approved by the department on or after March 1, 2002, but before July 327, 2003, shall not be required to complete master program amendments 4until the applicable date provided by subsection (4)(b) of this 5section.6

(b) Following approval by the department of a new or amended 7master program, local governments choosing to develop or amend master 8programs on or before December 1, 2009, shall be deemed to have 9complied with the schedule established by subsection (2)(a)(iii) 10through (vi) of this section and shall not be required to complete 11master program amendments until the applicable dates established by 12subsection (4)(b) of this section.13

(4)(a) Following the updates required by subsection (2) of this 14section, local governments shall conduct a review of their master 15programs at least once every ((eight)) ten years as required by (b) 16of this subsection. Following the review required by this subsection 17(4), local governments shall, if necessary, revise their master 18programs. The purpose of the review is:19

(i) To assure that the master program complies with applicable 20law and guidelines in effect at the time of the review; and21

(ii) To assure consistency of the master program with the local 22government's comprehensive plan and development regulations adopted 23under chapter 36.70A RCW, if applicable, and other local 24requirements.25

(b) Counties and cities shall take action to review and, if 26necessary, revise their master programs as required by (a) of this 27subsection as follows:28

(i) On or before June 30, 2019, and every ((eight)) ten years 29thereafter, for King, Pierce, and Snohomish counties and the cities 30within those counties;31

(ii) On or before June 30, 2020, and every ((eight)) ten years 32thereafter, for Clallam, Clark, Island, Jefferson, Kitsap, Mason, San 33Juan, Skagit, Thurston, and Whatcom counties and the cities within 34those counties;35

(iii) On or before June 30, 2021, and every ((eight)) ten years 36thereafter, for Benton, Chelan, Cowlitz, Douglas, ((Grant,)) 37Kittitas, Lewis, Skamania, Spokane, and Yakima counties and the 38cities within those counties; and39

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(iv) On or before June 30, 2022, and every ((eight)) ten years 1thereafter, for Adams, Asotin, Columbia, Ferry, Franklin, Garfield, 2Grant, Grays Harbor, Klickitat, Lincoln, Okanogan, Pacific, Pend 3Oreille, Stevens, Wahkiakum, Walla Walla, and Whitman counties and 4the cities within those counties.5

(5) In meeting the update requirements of subsection (2) of this 6section, local governments are encouraged to begin the process of 7developing or amending their master programs early and are eligible 8for grants from the department as provided by RCW 90.58.250, subject 9to available funding. Except for those local governments listed in 10subsection (2)(a)(i) and (ii) of this section, the deadline for 11completion of the new or amended master programs shall be two years 12after the date the grant is approved by the department. Subsequent 13master program review dates shall not be altered by the provisions of 14this subsection.15

(6) In meeting the update requirements of subsection (2) of this 16section, the following shall apply:17

(a) Grants to local governments for developing and amending 18master programs pursuant to the schedule established by this section 19shall be provided at least two years before the adoption dates 20specified in subsection (2) of this section. To the extent possible, 21the department shall allocate grants within the amount appropriated 22for such purposes to provide reasonable and adequate funding to local 23governments that have indicated their intent to develop or amend 24master programs during the biennium according to the schedule 25established by subsection (2) of this section. Any local government 26that applies for but does not receive funding to comply with the 27provisions of subsection (2) of this section may delay the 28development or amendment of its master program until the following 29biennium.30

(b) Local governments with delayed compliance dates as provided 31in (a) of this subsection shall be the first priority for funding in 32subsequent biennia, and the development or amendment compliance 33deadline for those local governments shall be two years after the 34date of grant approval.35

(c) Failure of the local government to apply in a timely manner 36for a master program development or amendment grant in accordance 37with the requirements of the department shall not be considered a 38delay resulting from the provisions of (a) of this subsection.39

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(7) In meeting the update requirements of subsection (2) of this 1section, all local governments subject to the requirements of this 2chapter that have not developed or amended master programs on or 3after March 1, 2002, shall, no later than December 1, 2014, develop 4or amend their master programs to comply with guidelines adopted by 5the department after January 1, 2003.6

(8) In meeting the update requirements of subsection (2) of this 7section, local governments may be provided an additional year beyond 8the deadlines in this section to complete their master program or 9amendment. The department shall grant the request if it determines 10that the local government is likely to adopt or amend its master 11program within the additional year.12

Sec. 3. RCW 90.58.080 and 2020 c 113 s 2 are each amended to 13read as follows:14

(1) Local governments shall develop or amend a master program for 15regulation of uses of the shorelines of the state consistent with the 16required elements of the guidelines adopted by the department in 17accordance with the schedule established by this section.18

(2)(a) Subject to the provisions of subsections (5) and (6) of 19this section, each local government subject to this chapter shall 20develop or amend its master program for the regulation of uses of 21shorelines within its jurisdiction according to the following 22schedule:23

(i) On or before December 1, 2005, for the city of Port Townsend, 24the city of Bellingham, the city of Everett, Snohomish county, and 25Whatcom county;26

(ii) On or before December 1, 2009, for King county and the 27cities within King county greater in population than ten thousand;28

(iii) Except as provided by (a)(i) and (ii) of this subsection, 29on or before December 1, 2011, for Clallam, Clark, Jefferson, King, 30Kitsap, Pierce, Snohomish, Thurston, and Whatcom counties and the 31cities within those counties;32

(iv) On or before December 1, 2012, for Cowlitz, Island, Lewis, 33Mason, San Juan, Skagit, and Skamania counties and the cities within 34those counties;35

(v) On or before December 1, 2013, for Benton, Chelan, Douglas, 36Grant, Kittitas, Spokane, and Yakima counties and the cities within 37those counties; and38

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(vi) On or before December 1, 2014, for Adams, Asotin, Columbia, 1Ferry, Franklin, Garfield, Grays Harbor, Klickitat, Lincoln, 2Okanogan, Pacific, Pend Oreille, Stevens, Wahkiakum, Walla Walla, and 3Whitman counties and the cities within those counties.4

(b) Nothing in this subsection (2) shall preclude a local 5government from developing or amending its master program prior to 6the dates established by this subsection (2).7

(3)(a) Following approval by the department of a new or amended 8master program, local governments required to develop or amend master 9programs on or before December 1, 2009, as provided by subsection 10(2)(a)(i) and (ii) of this section, shall be deemed to have complied 11with the schedule established by subsection (2)(a)(iii) of this 12section and shall not be required to complete master program 13amendments until the applicable dates established by subsection 14(4)(b) of this section. Any jurisdiction listed in subsection 15(2)(a)(i) of this section that has a new or amended master program 16approved by the department on or after March 1, 2002, but before July 1727, 2003, shall not be required to complete master program amendments 18until the applicable date provided by subsection (4)(b) of this 19section.20

(b) Following approval by the department of a new or amended 21master program, local governments choosing to develop or amend master 22programs on or before December 1, 2009, shall be deemed to have 23complied with the schedule established by subsection (2)(a)(iii) 24through (vi) of this section and shall not be required to complete 25master program amendments until the applicable dates established by 26subsection (4)(b) of this section.27

(4)(a) Following the updates required by subsection (2) of this 28section, local governments shall conduct a review of their master 29programs at least once every ((eight)) ten years as required by (b) 30of this subsection. Following the review required by this subsection 31(4), local governments shall, if necessary, revise their master 32programs. The purpose of the review is:33

(i) To assure that the master program complies with applicable 34law and guidelines in effect at the time of the review; and35

(ii) To assure consistency of the master program with the local 36government's comprehensive plan and development regulations adopted 37under chapter 36.70A RCW, if applicable, and other local 38requirements.39

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(b) Counties and cities shall take action to review and, if 1necessary, revise their master programs as required by (a) of this 2subsection as follows:3

(i) On or before June 30, ((2028)) 2029, and every ((eight)) ten 4years thereafter, for King, Kitsap, Pierce, and Snohomish counties 5and the cities within those counties;6

(ii) On or before June 30, ((2029)) 2030, and every ((eight)) ten 7years thereafter, for Clallam, Clark, Island, Jefferson, Lewis, 8Mason, San Juan, Skagit, Thurston, and Whatcom counties and the 9cities within those counties;10

(iii) On or before June 30, ((2030)) 2031, and every ((eight)) 11ten years thereafter, for Benton, Chelan, Cowlitz, Douglas, Franklin, 12Kittitas, Skamania, Spokane, Walla Walla, and Yakima counties and the 13cities within those counties; and14

(iv) On or before June 30, ((2031)) 2032, and every ((eight)) ten 15years thereafter, for Adams, Asotin, Columbia, Ferry, Garfield, 16Grant, Grays Harbor, Klickitat, Lincoln, Okanogan, Pacific, Pend 17Oreille, Stevens, Wahkiakum, and Whitman counties and the cities 18within those counties.19

(5) In meeting the review requirements of subsection (4) of this 20section, local governments are encouraged to begin the process of 21developing or amending their master programs early and are eligible 22for grants from the department as provided by RCW 90.58.250, subject 23to available funding. Except for those local governments listed in 24subsection (2)(a)(i) and (ii) of this section, the deadline for 25completion of the new or amended master programs shall be two years 26after the date the grant is approved by the department. Subsequent 27master program review dates shall not be altered by the provisions of 28this subsection.29

(6) In meeting the review requirements of subsection (4) of this 30section, the following shall apply:31

(a) Grants to local governments for reviewing master programs 32pursuant to the schedule established by this section shall be 33provided at least two years before the adoption dates specified in 34subsection (4) of this section. To the extent possible, the 35department shall allocate grants within the amount appropriated for 36such purposes to provide reasonable and adequate funding to local 37governments that have indicated their intent to develop or amend 38master programs during the biennium according to the schedule 39established by subsection (4) of this section. Any local government 40

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that applies for but does not receive funding to comply with the 1provisions of subsection (4) of this section may delay the 2development or amendment of its master program until the following 3biennium.4

(b) Local governments with delayed compliance dates as provided 5in (a) of this subsection shall be the first priority for funding in 6subsequent biennia, and the periodic review compliance deadline for 7those local governments shall be two years after the date of grant 8approval.9

(c) Failure of the local government to apply in a timely manner 10for a master program development or amendment grant in accordance 11with the requirements of the department shall not be considered a 12delay resulting from the provisions of (a) of this subsection.13

(7) In meeting the update requirements of subsection (2) of this 14section, all local governments subject to the requirements of this 15chapter that have not developed or amended master programs on or 16after March 1, 2002, shall, no later than December 1, 2014, develop 17or amend their master programs to comply with guidelines adopted by 18the department after January 1, 2003.19

(8) In meeting the review requirements of subsection (4) of this 20section, local governments may be provided an additional year beyond 21the deadlines in this section to complete their master program or 22amendment. The department shall grant the request if it determines 23that the local government is likely to adopt or amend its master 24program within the additional year.25

Sec. 4. RCW 36.70A.040 and 2014 c 147 s 1 are each amended to 26read as follows:27

(1) Each county that has both a population of fifty thousand or 28more and, until May 16, 1995, has had its population increase by more 29than ten percent in the previous ten years or, on or after May 16, 301995, has had its population increase by more than seventeen percent 31in the previous ten years, and the cities located within such county, 32and any other county regardless of its population that has had its 33population increase by more than twenty percent in the previous ten 34years, and the cities located within such county, shall conform with 35all of the requirements of this chapter. However, the county 36legislative authority of such a county with a population of less than 37fifty thousand population may adopt a resolution removing the county, 38and the cities located within the county, from the requirements of 39

p. 14 SHB 1241

adopting comprehensive land use plans and development regulations 1under this chapter if this resolution is adopted and filed with the 2department by December 31, 1990, for counties initially meeting this 3set of criteria, or within sixty days of the date the office of 4financial management certifies that a county meets this set of 5criteria under subsection (5) of this section. For the purposes of 6this subsection, a county not currently planning under this chapter 7is not required to include in its population count those persons 8confined in a correctional facility under the jurisdiction of the 9department of corrections that is located in the county.10

Once a county meets either of these sets of criteria, the 11requirement to conform with all of the requirements of this chapter 12remains in effect, even if the county no longer meets one of these 13sets of criteria.14

(2)(a) The county legislative authority of any county that does 15not meet either of the sets of criteria established under subsection 16(1) of this section may adopt a resolution indicating its intention 17to have subsection (1) of this section apply to the county. Each 18city, located in a county that chooses to plan under this subsection, 19shall conform with all of the requirements of this chapter. Once such 20a resolution has been adopted, the county and the cities located 21within the county remain subject to all of the requirements of this 22chapter, unless the county subsequently adopts a withdrawal 23resolution for partial planning pursuant to (b)(i) of this 24subsection.25

(b)(i) Until December 31, 2015, the legislative authority of a 26county may adopt a resolution removing the county and the cities 27located within the county from the requirements to plan under this 28section if:29

(A) The county has a population, as estimated by the office of 30financial management, of twenty thousand or fewer inhabitants at any 31time between April 1, 2010, and April 1, 2015;32

(B) The county has previously adopted a resolution indicating its 33intention to have subsection (1) of this section apply to the county;34

(C) At least sixty days prior to adopting a resolution for 35partial planning, the county provides written notification to the 36legislative body of each city within the county of its intent to 37consider adopting the resolution; and38

(D) The legislative bodies of at least sixty percent of those 39cities having an aggregate population of at least seventy-five 40

p. 15 SHB 1241

percent of the incorporated county population have not: Adopted 1resolutions opposing the action by the county; and provided written 2notification of the resolutions to the county.3

(ii) Upon adoption of a resolution for partial planning under 4(b)(i) of this subsection:5

(A) The county and the cities within the county are, except as 6provided otherwise, no longer obligated to plan under this section; 7and8

(B) The county may not, for a minimum of ten years from the date 9of adoption of the resolution, adopt another resolution indicating 10its intention to have subsection (1) of this section apply to the 11county.12

(c) The adoption of a resolution for partial planning under 13(b)(i) of this subsection does not nullify or otherwise modify the 14requirements for counties and cities established in RCW 36.70A.060, 1536.70A.070(5) and associated development regulations, 36.70A.170, and 1636.70A.172.17

(3) Any county or city that is initially required to conform with 18all of the requirements of this chapter under subsection (1) of this 19section shall take actions under this chapter as follows: (a) The 20county legislative authority shall adopt a countywide planning policy 21under RCW 36.70A.210; (b) the county and each city located within the 22county shall designate critical areas, agricultural lands, 23forestlands, and mineral resource lands, and adopt development 24regulations conserving these designated agricultural lands, 25forestlands, and mineral resource lands and protecting these 26designated critical areas, under RCW 36.70A.170 and 36.70A.060; (c) 27the county shall designate and take other actions related to urban 28growth areas under RCW 36.70A.110; (([and])) and (d) if the county 29has a population of fifty thousand or more, the county and each city 30located within the county shall adopt a comprehensive plan under this 31chapter and development regulations that are consistent with and 32implement the comprehensive plan on or before July 1, 1994, and if 33the county has a population of less than fifty thousand, the county 34and each city located within the county shall adopt a comprehensive 35plan under this chapter and development regulations that are 36consistent with and implement the comprehensive plan by January 1, 371995, but if the governor makes written findings that a county with a 38population of less than fifty thousand or a city located within such 39a county is not making reasonable progress toward adopting a 40

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comprehensive plan and development regulations the governor may 1reduce this deadline for such actions to be taken by no more than one 2hundred eighty days. Any county or city subject to this subsection 3may obtain an additional six months before it is required to have 4adopted its development regulations by submitting a letter notifying 5the department of its need prior to the deadline for adopting both a 6comprehensive plan and development regulations.7

(4) Any county or city that is required to conform with all the 8requirements of this chapter, as a result of the county legislative 9authority adopting its resolution of intention under subsection (2) 10of this section, shall take actions under this chapter as follows: 11(a) The county legislative authority shall adopt a countywide 12planning policy under RCW 36.70A.210; (b) the county and each city 13that is located within the county shall adopt development regulations 14conserving agricultural lands, forestlands, and mineral resource 15lands it designated under RCW 36.70A.060 within one year of the date 16the county legislative authority adopts its resolution of intention; 17(c) the county shall designate and take other actions related to 18urban growth areas under RCW 36.70A.110; and (d) the county and each 19city that is located within the county shall adopt a comprehensive 20plan and development regulations that are consistent with and 21implement the comprehensive plan not later than four years from the 22date the county legislative authority adopts its resolution of 23intention, but a county or city may obtain an additional six months 24before it is required to have adopted its development regulations by 25submitting a letter notifying the department of its need prior to the 26deadline for adopting both a comprehensive plan and development 27regulations.28

(5) If the office of financial management certifies that the 29population of a county that previously had not been required to plan 30under subsection (1) or (2) of this section has changed sufficiently 31to meet either of the sets of criteria specified under subsection (1) 32of this section, and where applicable, the county legislative 33authority has not adopted a resolution removing the county from these 34requirements as provided in subsection (1) of this section, the 35county and each city within such county shall take actions under this 36chapter as follows: (a) The county legislative authority shall adopt 37a countywide planning policy under RCW 36.70A.210; (b) the county and 38each city located within the county shall adopt development 39regulations under RCW 36.70A.060 conserving agricultural lands, 40

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forestlands, and mineral resource lands it designated within one year 1of the certification by the office of financial management; (c) the 2county shall designate and take other actions related to urban growth 3areas under RCW 36.70A.110; and (d) the county and each city located 4within the county shall adopt a comprehensive land use plan and 5development regulations that are consistent with and implement the 6comprehensive plan within four years of the certification by the 7office of financial management, but a county or city may obtain an 8additional six months before it is required to have adopted its 9development regulations by submitting a letter notifying the 10department of its need prior to the deadline for adopting both a 11comprehensive plan and development regulations.12

(6) A copy of each document that is required under this section 13shall be submitted to the department at the time of its adoption.14

(7) Cities and counties planning under this chapter must amend 15the transportation element of the comprehensive plan to be in 16compliance with this chapter and chapter 47.80 RCW no later than 17December 31, 2000.18

(8) A federally recognized Indian tribe whose reservation is 19located within the exterior boundaries of the state of Washington or 20a federally recognized tribe located outside the state of Washington 21with reserved treaty rights in the state may voluntarily choose to 22participate in the county or regional planning process and coordinate 23with the county and cities that are either required to comply with 24the provisions of this chapter pursuant to subsection (1) of this 25section or voluntarily choose to comply with the provisions of this 26chapter pursuant to subsection (2) of this section.27

(a) Upon receipt of notice in the form of a tribal resolution 28from a tribe whose reservation or ceded lands lie within the county, 29which indicates the tribe has a planning process or intends to 30initiate a parallel planning process, the county, cities and other 31local governments conducting the planning under this chapter shall 32enter into an agreement with such tribes in regard to coordination, 33cooperation, and participation in the planning process.34

(b) Nothing in this subsection, any other provision in this 35chapter, or a tribe's decision to become a participating tribe for 36planning purposes, shall affect, alter, or limit in any way a tribe's 37authority, jurisdiction, or any treaty or other rights it may have by 38virtue of its status as a sovereign Indian tribe.39

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Sec. 5. RCW 36.70A.080 and 2011 c 318 s 801 are each amended to 1read as follows:2

(1) A comprehensive plan may include additional elements, items, 3or studies dealing with other subjects relating to the physical 4development within its jurisdiction, including, but not limited to:5

(a) Conservation;6(b) Solar energy; ((and))7(c) Recreation; and8(d) Port container elements. When including port container 9

elements, a city shall collaborate with the federally recognized 10Indian tribe whose reservation is located within or adjacent to the 11lands subject to the port container element.12

(2) A comprehensive plan may include, where appropriate, subarea 13plans, each of which is consistent with the comprehensive plan.14

(3)(a) Cities that qualify as a receiving city may adopt a 15comprehensive plan element and associated development regulations 16that apply within receiving areas under chapter 39.108 RCW.17

(b) For purposes of this subsection, the terms "receiving city" 18and "receiving area" have the same meanings as provided in RCW 1939.108.010.20

Sec. 6. RCW 36.70A.106 and 2004 c 197 s 1 are each amended to 21read as follows:22

(1) Each county and city proposing adoption of a comprehensive 23plan or development regulations under this chapter shall notify the 24department of its intent to adopt such plan or regulations at least 25sixty days prior to final adoption. State agencies including the 26department may provide comments to the county or city on the proposed 27comprehensive plan, or proposed development regulations, during the 28public review process prior to adoption.29

(2) Each county and city planning under this chapter shall 30transmit a complete and accurate copy of its comprehensive plan or 31development regulations to the department within ten days after final 32adoption.33

(3)(a) Any amendments for permanent changes to a comprehensive 34plan or development regulation that are proposed by a county or city 35to its adopted plan or regulations shall be submitted to the 36department in the same manner as initial plans and development 37regulations under this section. Any amendments to a comprehensive 38plan or development regulations that are adopted by a county or city 39

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shall be transmitted to the department in the same manner as the 1initial plans and regulations under this section.2

(b) Each county and city planning under this chapter may request 3expedited review for any amendments for permanent changes to a 4development regulation. Upon receiving a request for expedited 5review, and after consultation with other state agencies, the 6department may grant expedited review if the department determines 7that expedited review does not compromise the state's ability to 8provide timely comments related to compliance with the goals and 9requirements of this chapter or on other matters of state interest. 10Cities and counties may adopt amendments for permanent changes to a 11development regulation immediately following the granting of the 12request for expedited review by the department.13

(c) A federally recognized Indian tribe whose reservation is 14located within the exterior boundaries of the state of Washington or 15a federally recognized tribe located outside the state of Washington 16with reserved treaty rights in the state may request to receive from 17the department copies of notices received from cities or counties 18under this section. Upon receipt of a submittal from a city or county 19under this section, the department shall forward the submittal to any 20tribe that has requested notification.21

Sec. 7. RCW 36.70A.110 and 2017 c 305 s 1 are each amended to 22read as follows:23

(1) Each county that is required or chooses to plan under RCW 2436.70A.040 shall designate an urban growth area or areas within which 25urban growth shall be encouraged and outside of which growth can 26occur only if it is not urban in nature. Each city that is located in 27such a county shall be included within an urban growth area. An urban 28growth area may include more than a single city. An urban growth area 29may include territory that is located outside of a city only if such 30territory already is characterized by urban growth whether or not the 31urban growth area includes a city, or is adjacent to territory 32already characterized by urban growth, or is a designated new fully 33contained community as defined by RCW 36.70A.350. When a federally 34recognized Indian tribe whose reservation is located within the 35exterior boundaries of the state of Washington or a federally 36recognized tribe located outside the state of Washington with 37reserved treaty rights in the state has voluntarily chosen to 38participate in the planning process pursuant to RCW 36.70A.040, the 39

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county and the tribe shall coordinate their planning efforts for any 1areas planned for urban growth.2

(2) Based upon the growth management population projection made 3for the county by the office of financial management, the county and 4each city within the county shall include areas and densities 5sufficient to permit the urban growth that is projected to occur in 6the county or city for the succeeding twenty-year period, except for 7those urban growth areas contained totally within a national 8historical reserve. As part of this planning process, each city 9within the county must include areas sufficient to accommodate the 10broad range of needs and uses that will accompany the projected urban 11growth including, as appropriate, medical, governmental, 12institutional, commercial, service, retail, and other nonresidential 13uses.14

Each urban growth area shall permit urban densities and shall 15include greenbelt and open space areas. In the case of urban growth 16areas contained totally within a national historical reserve, the 17city may restrict densities, intensities, and forms of urban growth 18as determined to be necessary and appropriate to protect the 19physical, cultural, or historic integrity of the reserve. An urban 20growth area determination may include a reasonable land market supply 21factor and shall permit a range of urban densities and uses. In 22determining this market factor, cities and counties may consider 23local circumstances. Cities and counties have discretion in their 24comprehensive plans to make many choices about accommodating growth.25

Within one year of July 1, 1990, each county that as of June 1, 261991, was required or chose to plan under RCW 36.70A.040, shall begin 27consulting with each city located within its boundaries and each city 28shall propose the location of an urban growth area. Within sixty days 29of the date the county legislative authority of a county adopts its 30resolution of intention or of certification by the office of 31financial management, all other counties that are required or choose 32to plan under RCW 36.70A.040 shall begin this consultation with each 33city located within its boundaries. The county shall attempt to reach 34agreement with each city on the location of an urban growth area 35within which the city is located. If such an agreement is not reached 36with each city located within the urban growth area, the county shall 37justify in writing why it so designated the area an urban growth 38area. A city may object formally with the department over the 39designation of the urban growth area within which it is located. 40

p. 21 SHB 1241

Where appropriate, the department shall attempt to resolve the 1conflicts, including the use of mediation services.2

(3) Urban growth should be located first in areas already 3characterized by urban growth that have adequate existing public 4facility and service capacities to serve such development, second in 5areas already characterized by urban growth that will be served 6adequately by a combination of both existing public facilities and 7services and any additional needed public facilities and services 8that are provided by either public or private sources, and third in 9the remaining portions of the urban growth areas. Urban growth may 10also be located in designated new fully contained communities as 11defined by RCW 36.70A.350.12

(4) In general, cities are the units of local government most 13appropriate to provide urban governmental services. In general, it is 14not appropriate that urban governmental services be extended to or 15expanded in rural areas except in those limited circumstances shown 16to be necessary to protect basic public health and safety and the 17environment and when such services are financially supportable at 18rural densities and do not permit urban development.19

(5) On or before October 1, 1993, each county that was initially 20required to plan under RCW 36.70A.040(1) shall adopt development 21regulations designating interim urban growth areas under this 22chapter. Within three years and three months of the date the county 23legislative authority of a county adopts its resolution of intention 24or of certification by the office of financial management, all other 25counties that are required or choose to plan under RCW 36.70A.040 26shall adopt development regulations designating interim urban growth 27areas under this chapter. Adoption of the interim urban growth areas 28may only occur after public notice; public hearing; and compliance 29with the state environmental policy act, chapter 43.21C RCW, and 30under this section. Such action may be appealed to the growth 31management hearings board under RCW 36.70A.280. Final urban growth 32areas shall be adopted at the time of comprehensive plan adoption 33under this chapter.34

(6) Each county shall include designations of urban growth areas 35in its comprehensive plan.36

(7) An urban growth area designated in accordance with this 37section may include within its boundaries urban service areas or 38potential annexation areas designated for specific cities or towns 39within the county.40

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(8)(a) Except as provided in (b) of this subsection, the 1expansion of an urban growth area is prohibited into the one hundred 2year floodplain of any river or river segment that: (i) Is located 3west of the crest of the Cascade mountains; and (ii) has a mean 4annual flow of one thousand or more cubic feet per second as 5determined by the department of ecology.6

(b) Subsection (8)(a) of this section does not apply to:7(i) Urban growth areas that are fully contained within a 8

floodplain and lack adjacent buildable areas outside the floodplain;9(ii) Urban growth areas where expansions are precluded outside 10

floodplains because:11(A) Urban governmental services cannot be physically provided to 12

serve areas outside the floodplain; or13(B) Expansions outside the floodplain would require a river or 14

estuary crossing to access the expansion; or15(iii) Urban growth area expansions where:16(A) Public facilities already exist within the floodplain and the 17

expansion of an existing public facility is only possible on the land 18to be included in the urban growth area and located within the 19floodplain; or20

(B) Urban development already exists within a floodplain as of 21July 26, 2009, and is adjacent to, but outside of, the urban growth 22area, and the expansion of the urban growth area is necessary to 23include such urban development within the urban growth area; or24

(C) The land is owned by a jurisdiction planning under this 25chapter or the rights to the development of the land have been 26permanently extinguished, and the following criteria are met:27

(I) The permissible use of the land is limited to one of the 28following: Outdoor recreation; environmentally beneficial projects, 29including but not limited to habitat enhancement or environmental 30restoration; stormwater facilities; flood control facilities; or 31underground conveyances; and32

(II) The development and use of such facilities or projects will 33not decrease flood storage, increase stormwater runoff, discharge 34pollutants to fresh or salt waters during normal operations or 35floods, or increase hazards to people and property.36

(c) For the purposes of this subsection (8), "one hundred year 37floodplain" means the same as "special flood hazard area" as set 38forth in WAC 173-158-040 as it exists on July 26, 2009.39

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(9) If a county, city, or utility has adopted a capital facility 1plan or utilities element to provide sewer service within the urban 2growth areas during the twenty-year planning period, nothing in this 3chapter obligates counties, cities, or utilities to install sanitary 4sewer systems to properties within urban growth areas designated 5under subsection (2) of this section by the end of the twenty-year 6planning period when those properties:7

(a)(i) Have existing, functioning, nonpolluting on-site sewage 8systems;9

(ii) Have a periodic inspection program by a public agency to 10verify the on-site sewage systems function properly and do not 11pollute surface or groundwater; and12

(iii) Have no redevelopment capacity; or13(b) Do not require sewer service because development densities 14

are limited due to wetlands, flood plains, fish and wildlife 15habitats, or geological hazards.16

Sec. 8. RCW 36.70A.190 and 1991 sp.s. c 32 s 3 are each amended 17to read as follows:18

(1) The department shall establish a program of technical and 19financial assistance and incentives to counties and cities to 20encourage and facilitate the adoption and implementation of 21comprehensive plans and development regulations throughout the state.22

(2) The department shall develop a priority list and establish 23funding levels for planning and technical assistance grants both for 24counties and cities that plan under RCW 36.70A.040. Priority for 25assistance shall be based on a county's or city's population growth 26rates, commercial and industrial development rates, the existence and 27quality of a comprehensive plan and development regulations, and 28other relevant factors.29

(3) The department shall develop and administer a grant program 30to provide direct financial assistance to counties and cities for the 31preparation of comprehensive plans under this chapter. The department 32may establish provisions for county and city matching funds to 33conduct activities under this subsection. Grants may be expended for 34any purpose directly related to the preparation of a county or city 35comprehensive plan as the county or city and the department may 36agree, including, without limitation, the conducting of surveys, 37inventories and other data gathering and management activities, the 38

p. 24 SHB 1241

retention of planning consultants, contracts with regional councils 1for planning and related services, and other related purposes.2

(4) The department shall establish a program of technical 3assistance:4

(a) Utilizing department staff, the staff of other state 5agencies, and the technical resources of counties and cities to help 6in the development of comprehensive plans required under this 7chapter. The technical assistance may include, but not be limited to, 8model land use ordinances, regional education and training programs, 9and information for local and regional inventories; and10

(b) Adopting by rule procedural criteria to assist counties and 11cities in adopting comprehensive plans and development regulations 12that meet the goals and requirements of this chapter. These criteria 13shall reflect regional and local variations and the diversity that 14exists among different counties and cities that plan under this 15chapter.16

(5) The department shall provide mediation services to resolve 17disputes between counties and cities regarding, among other things, 18coordination of regional issues and designation of urban growth 19areas.20

(6) A federally recognized Indian tribe whose reservation is 21located within the boundaries of Washington state may formally 22request the department to enter into formal government-to-government 23consultation with the tribe regarding the tribe's concerns that the 24proposed plan or any amendment to the county's plan may directly or 25indirectly injure rights reserved to the tribe under treaties, 26statutes, or federal trust obligations regarding lands or activities 27within the reservation of such tribe or rights reserved to the tribe 28in regard to lands ceded under a treaty. The department shall include 29in comments to the county during the comment period a summary and 30supporting materials regarding the tribe's concerns and an offer to 31assist in providing formal mediation or dispute resolution prior to 32adoption of the proposed plan. If the department receives formal 33notice of a tribe's objections to a county's adopted plan or 34amendment within 30 days of the department receiving notice of final 35adoption pursuant to RCW 37.70A.106(2), the department shall enter 36into formal government-to-government consultation with the tribe for 37a period of 60 days. If the department determines that tribal rights 38under relevant treaties, statutes, or trust responsibilities will be 39diminished or violated, the department shall notify the county. Upon 40

p. 25 SHB 1241

receipt of such notice, the county may either agree to amend the plan 1as requested consistent with the comments of the department, or enter 2mediation with the tribe, which shall be arranged by the department 3utilizing a suitable expert to be paid by the department.4

(7) The department shall provide planning grants to enhance 5citizen participation under RCW 36.70A.140.6

Sec. 9. RCW 36.70A.210 and 2009 c 121 s 2 are each amended to 7read as follows:8

(1) The legislature recognizes that counties are regional 9governments within their boundaries, and cities are primary providers 10of urban governmental services within urban growth areas. For the 11purposes of this section, a "countywide planning policy" is a written 12policy statement or statements used solely for establishing a 13countywide framework from which county and city comprehensive plans 14are developed and adopted pursuant to this chapter. This framework 15shall ensure that city and county comprehensive plans are consistent 16as required in RCW 36.70A.100. Nothing in this section shall be 17construed to alter the land-use powers of cities.18

(2) The legislative authority of a county that plans under RCW 1936.70A.040 shall adopt a countywide planning policy in cooperation 20with the cities located in whole or in part within the county as 21follows:22

(a) No later than sixty calendar days from July 16, 1991, the 23legislative authority of each county that as of June 1, 1991, was 24required or chose to plan under RCW 36.70A.040 shall convene a 25meeting with representatives of each city located within the county 26for the purpose of establishing a collaborative process that will 27provide a framework for the adoption of a countywide planning policy. 28In other counties that are required or choose to plan under RCW 2936.70A.040, this meeting shall be convened no later than sixty days 30after the date the county adopts its resolution of intention or was 31certified by the office of financial management.32

(b) The process and framework for adoption of a countywide 33planning policy specified in (a) of this subsection shall determine 34the manner in which the county and the cities agree to all procedures 35and provisions including but not limited to desired planning 36policies, deadlines, ratification of final agreements and 37demonstration thereof, and financing, if any, of all activities 38associated therewith.39

p. 26 SHB 1241

(c) If a county fails for any reason to convene a meeting with 1representatives of cities as required in (a) of this subsection, the 2governor may immediately impose any appropriate sanction or sanctions 3on the county from those specified under RCW 36.70A.340.4

(d) If there is no agreement by October 1, 1991, in a county that 5was required or chose to plan under RCW 36.70A.040 as of June 1, 61991, or if there is no agreement within one hundred twenty days of 7the date the county adopted its resolution of intention or was 8certified by the office of financial management in any other county 9that is required or chooses to plan under RCW 36.70A.040, the 10governor shall first inquire of the jurisdictions as to the reason or 11reasons for failure to reach an agreement. If the governor deems it 12appropriate, the governor may immediately request the assistance of 13the department of ((community, trade, and economic development)) 14commerce to mediate any disputes that preclude agreement. If 15mediation is unsuccessful in resolving all disputes that will lead to 16agreement, the governor may impose appropriate sanctions from those 17specified under RCW 36.70A.340 on the county, city, or cities for 18failure to reach an agreement as provided in this section. The 19governor shall specify the reason or reasons for the imposition of 20any sanction.21

(e) No later than July 1, 1992, the legislative authority of each 22county that was required or chose to plan under RCW 36.70A.040 as of 23June 1, 1991, or no later than fourteen months after the date the 24county adopted its resolution of intention or was certified by the 25office of financial management the county legislative authority of 26any other county that is required or chooses to plan under RCW 2736.70A.040, shall adopt a countywide planning policy according to the 28process provided under this section and that is consistent with the 29agreement pursuant to (b) of this subsection, and after holding a 30public hearing or hearings on the proposed countywide planning 31policy.32

(3) A countywide planning policy shall at a minimum, address the 33following:34

(a) Policies to implement RCW 36.70A.110;35(b) Policies for promotion of contiguous and orderly development 36

and provision of urban services to such development;37(c) Policies for siting public capital facilities of a countywide 38

or statewide nature, including transportation facilities of statewide 39significance as defined in RCW 47.06.140;40

p. 27 SHB 1241

(d) Policies for countywide transportation facilities and 1strategies;2

(e) Policies that consider the need for affordable housing, such 3as housing for all economic segments of the population and parameters 4for its distribution;5

(f) Policies for joint county and city planning within urban 6growth areas;7

(g) Policies for countywide economic development and employment, 8which must include consideration of the future development of 9commercial and industrial facilities; and10

(h) An analysis of the fiscal impact.11(4) Federal agencies and Indian tribes ((may)) shall be invited 12

to participate in and cooperate with the countywide planning policy 13adoption process. Adopted countywide planning policies shall be 14adhered to by state agencies.15

(5) Failure to adopt a countywide planning policy that meets the 16requirements of this section may result in the imposition of a 17sanction or sanctions on a county or city within the county, as 18specified in RCW 36.70A.340. In imposing a sanction or sanctions, the 19governor shall specify the reasons for failure to adopt a countywide 20planning policy in order that any imposed sanction or sanctions are 21fairly and equitably related to the failure to adopt a countywide 22planning policy.23

(6) Cities and the governor may appeal an adopted countywide 24planning policy to the growth management hearings board within sixty 25days of the adoption of the countywide planning policy.26

(7) Multicounty planning policies shall be adopted by two or more 27counties, each with a population of four hundred fifty thousand or 28more, with contiguous urban areas and may be adopted by other 29counties, according to the process established under this section or 30other processes agreed to among the counties and cities within the 31affected counties throughout the multicounty region.32

NEW SECTION. Sec. 10. Section 2 of this act expires July 1, 332025.34

NEW SECTION. Sec. 11. Section 3 of this act takes effect July 351, 2025.36

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