HB 1181 — Improving the state's response to climate change by updating the state's planning framework.

11 SHB 1181 the logical outer boundary of an area of more intensive rural development.

(B)p. On the date the county adopted a resolution under RCW 36.70A.040(2), in a county that is planning under all of the provisions of this chapter under RCW 36.70A.040(2);

11 HB 1181 (B) On the date the county adopted a resolution under RCW 36.70A.040(2), in a county that is planning under all of the provisions of this chapter under RCW 36.70A.040(2);

(ii) Estimated ((traffic))traffic multimodal level of service impacts to state-owned transportation facilities resulting from land use assumptions to assist ((the department of transportation)) in monitoring the performance of state facilities, to plan improvements for the facilities, and to assess the impact of land-use decisions on state-owned transportation facilities;

This inventory must include state- p.owned transportation facilities within the city or county's jurisdictional boundaries;

12(B) SHBLevel 1181of service standards for all locally owned arterials ((and)), locally and regionally operated transit routes that serve urban growth areas, state-owned or operated transit routes that serve urban areas if the department of transportation has prepared such standards, and active transportation facilities withinto serve as a gauge to judge performance of the citysystem orand county'ssuccess jurisdictionalin boundaries;helping to achieve the goals of this chapter consistent with environmental justice.

(B) ((Level)) Multimodal level of service standards for all locally owned arterials ((and)), locally and regionally operated transit routes that serve urban growth areas, state-owned or operated transit routes that serve urban areas if the department of transportation has prepared such standards, and active transportation facilities to serve as a gauge to judge performance of the system and success in helping to achieve the goals of this chapter consistent with environmental justice.

(C) For state-owned transportation facilities, multimodal level of service standards for highways, as prescribed in chapters 47.06 and 47.80 RCW,p. to gauge the performance of the system.

The12 purposesHB of1181 reflectingRCW, multimodal level of service standards for state highways in the local comprehensive plan are to monitorgauge the performance of the system,system. to evaluate improvement strategies, and to facilitate coordination between the county's or city's six-year street, road, active transportation, or transit program and the office of financial management's ten-year investment program.

The purposes of reflecting level of service standards for state highways in the local comprehensive plan are to monitor the performance of the system, to evaluate improvement strategies, and to facilitate coordination between the county's or city's six-year street, road, active transportation, or transit program and the office of financial management's ten-year investment program.

(D) Specific actions and requirements for bringing into compliance ((locally owned)) transportation facilities or services that are below an established multimodal level of service standard;

(E) Forecasts of ((traffic)) multimodal transportation demand and needs within cities and urban growth areas, and forecasts of multimodaltraffic transportation demand and needs outside of cities and urban growth areas, for at least ten years based on the adopted land use plan to ((provide information on the location, timing, and capacity needs of future growth)) inform the development of a transportation element that balances transportation system safety and convenience to accommodate all users of the transportation system to safely, reliably, and efficiently provide access and mobility to people and goods.goods;

Priority must be given to inclusion of p.

13 SHB 1181 transportation facilities and services providing the greatest multimodal safety benefit to the highest number of roadway users;

(G) A transition plan for transportation as required in Title II of the Americans with disabilities act of 1990 (ADA).

As a necessary step to a program access plan to provide accessibility under the ADA, state and local government, public entities, and public agencies are required to perform self-evaluations of their current facilities, relative to accessibility requirements of the ADA.

The agencies are then required to develop a program access plan, which can be called a transition plan, to address any deficiencies.

The plan is intended to achieve the following:

(I) Identify physical obstacles that limit the accessibility of facilities to individuals with disabilities;

(II) Describe the methods to be used to make the facilities accessible;

(III) Provide a schedule for making the access modifications;

and (IV) Identify the public officials responsible for implementation of the transition plan;

The multiyear financing planp. should be coordinated with the ten-year investment program developed by the office of financial management as required by RCW 47.05.030;

(C)13 IfHB probable1181 fundingplan fallsshould shortbe ofcoordinated meetingwith the identifiedten-year needsinvestment ofprogram thedeveloped transportationby system,the includingoffice state transportation facilities, a discussion of howfinancial additionalmanagement fundingas willrequired beby raised,RCW or47.05.030; p.

14(C) SHBIf 1181probable funding falls short of meeting the identified needs of the transportation system, including state transportation facilities, a discussion of how additional funding will be raised, or how land use assumptions will be reassessed to ensure that level of service standards will be met;

AIf developmentit proposalis maypossible notto beprovide denied for causing the level of service on a locally owned or locally or regionally operated transportation facilityneeds to decline below the standards adopted in the transportation element of thea comprehensivedevelopment plan where such impacts could be adequately mitigated through active transportation facility improvements, increased or enhanced public transportation service, ride-sharing programs, demand management, or other transportation systems management strategies fundedp. by the development.

(c)14 TheHB transportation1181 elementfunded describedby inthe thisdevelopment, subsectiona (6),development theapproval six-yearmay plansnot requiredbe bydenied RCWbecause 35.77.010it forfails cities,to RCWmeet p.traffic level of service standards.

15(c) SHBThe 1181transportation element described in this subsection (6), the six-year plans required by RCW 35.77.010 for cities, RCW 36.81.121 for counties, and RCW 35.58.2795 for public transportation systems, and the ten-year investment program required by RCW 47.05.030 for the state, must be consistent.

and (c) an evaluation of treeintergovernmental canopycoordination coverage;opportunities to provide regional approaches for meeting park and recreational demand.

and (((c))) (d) an evaluation of intergovernmental coordination opportunities to provide regional approaches for meeting park and recreational demand.

(d)(i) The greenhouse gas emissions reduction subelement of the comprehensive plan, and its related development regulations, must identify the actions the jurisdiction will take during the planning cyclep. consistent with the guidelines published by the department pursuant to section 5 of this act that will:

p.15 HB 1181 cycle consistent with the guidelines published by the department pursuant to section 5 of this act that will:

16 SHB 1181 (A) Result in reductions in overall greenhouse gas emissions generated by transportation and land use within the jurisdiction but without increasing greenhouse gas emissions elsewhere in the state;

and (C) Prioritize reductions thatin benefit overburdened communities in order to maximize the cobenefits of reduced air pollution and environmental justice consistent with chapter 70A.02 RCW.

The resiliency subelement must prioritize actions thatin benefit overburdened communities as defined in chapter 70A.02 RCW that will disproportionately suffer from compounding environmental impacts and will be most impacted by natural hazards due to climate change.

(A) Identify, protect, and enhance natural areas to foster resiliency to climate impacts, as well as areas of vital habitat for safe passage and species migration;

1716 SHBHB 1181 (B)(A) Identify, protect, and enhance communitynatural areas to foster resiliency to climate change impacts, includingas social,well economic,as andareas builtof environmentvital factors,habitat thatfor supportsafe adaptationpassage toand climatespecies impactsmigration; consistent with environmental justice;

(B) Identify, protect, and enhance community resiliency to climate change impacts, including social, economic, and built factors, that support adaptation to climate impacts consistent with environmental justice;

(ii) A natural hazard mitigation plan or similar plan that is guided by RCW 36.70A.020(14), that prioritizes actions thatin benefit overburdened communities as defined in RCW 70A.02.010, and that complies with the applicable requirements of this chapter, including the requirements set forth in this subsection (9)(e), may be adopted by reference to satisfy these requirements, except that to the extent any of the substantive requirements of this subsection (9)(e) are not addressed, or are inadequately addressed, in the referenced natural hazard mitigation plan, a county or city must supplement the natural hazard mitigation plan accordingly so that the adopted resiliency subelement complies fully with the substantive requirements of this subsection (9)(e).

(C) Extension requests after July 1, 2027, may be granted if requirements for the resiliency subelement are amended or added by the legislature or if the department finds other circumstances that mayp. result in a potential finding of noncompliance with a jurisdiction's existing and approved federal emergency management agency natural hazard mitigation plan.

p.17 HB 1181 may result in a potential finding of noncompliance with a jurisdiction's existing and approved federal emergency management agency natural hazard mitigation plan.

18 SHB 1181 (D) A city or county that wishes to request an extension of time must submit a request in writing to the department no later than the date on which the city or county is required to review and, if needed, revise its comprehensive plan as provided in RCW 36.70A.130.

(F)(f) TheFor adoptionthe ofjurisdictions ordinances,set amendmentsforth toin comprehensivesection plans,4 amendmentsof tothis developmentact, regulations,updates andto othercomprehensive nonprojectplans actionsand takenrelated bydevelopment aregulations countymade orduring citythe pursuantupdate tocycle (d)that orbegins (f) of this subsection in order2024 tomust implementadopt measures specifiedidentified by the department pursuant to section 5 of this act that are notlikely subject to administrativeresult orin judicialreductions appealof undergreenhouse chaptergas 43.21Cemissions RCW.and per capita vehicle miles traveled.

(g) The adoption of ordinances, amendments to comprehensive plans, amendments to development regulations, and other nonproject actions taken by a county or city pursuant to (d) or (f) of this subsection in order to implement measures specified by the department pursuant to section 5 of this act are not subject to administrative or judicial appeal under chapter 43.21C RCW.

(1) The requirements of the greenhouse gas emissions reduction subelement of the climate change and resiliency element set forth in RCW 36.70A.070 apply only to those counties that are required or that choose to plan under RCW 36.70A.040 and that also meet either of the criteria set forth in (a) or (b) of this subsection on or after April 1,p. 2021, and the cities with populations greater than 6,000 as of April 1, 2021, within those counties:

(a)18 AHB county1181 with1, a2021, populationand densitythe ofcities atwith leastpopulations 100greater peoplethan per6,000 squareas mileof andApril a1, population2021, ofwithin atthose leastcounties: 200,000;

(b)(a) A county bordering on the Columbia and Snake rivers with a population density of at least 75100,000; people per square mile and an annual growth rate of at least 1.65 percent;

or (c)(b) A county locatedwith toa thepopulation westdensity of theat crestleast of75 thepeople Cascadeper mountainssquare withmile aand populationan annual growth rate of at least 130,000.1.75 percent.

p.(2) The requirements of the amendments to the transportation element of RCW 36.70A.070 set forth in this act apply only to:

19 SHB 1181 (2) The requirements of the amendments to the transportation element of RCW 36.70A.070 set forth in this act apply only to:

NEWp. SECTION.

19 HB 1181 NEW SECTION.

(1) The department of commerce, in consultation with the department of ecology, the department of health, and the department of transportation, shall publish guidelines that specify a set of p.measures counties and cities have available to them to take through updates to their comprehensive plans and development regulations that have a demonstrated ability to increase housing capacity within urban growth areas or reduce greenhouse gas emissions, allowing for consideration of the emissions reductions achieved through the adoption of statewide programs.

20The SHBguidelines 1181must measuresprioritize countiesreductions andin citiesoverburdened maycommunities implementas viadefined updatesin toRCW their70A.02.010, comprehensiveincluding planscommunities and development regulations that have aexperienced demonstrateddisproportionate abilityharm due to increaseair housingpollution capacityand withinmay urbandraw growthupon areasthe ormost reducerecent greenhousehealth gasdisparities emissions,data allowingfrom forthe considerationdepartment of thehealth emissionsto reductionsidentify achievedhigh throughpollution theareas adoptionand ofdisproportionately statewideburdened programs.communities.

TheThese guidelines must prioritizebe measuresdeveloped thatusing benefitan overburdenedenvironmental communitiesjustice asassessment definedpursuant into RCW 70A.02.010,70A.02.060 including communities that have experienced disproportionate harm due to air pollution and may draw upon the mostguidelines recentmust healthinclude disparitiesenvironmental datajustice fromassessment theprocesses. department of health to identify high pollution areas and disproportionately burdened communities.

These guidelines must be developed consistent with an environmental justice assessment pursuant to RCW 70A.02.060 and the guidelines must include environmental justice assessment processes.

(i) The most recent greenhouse gas emissions report prepared by the department of ecology and the department of commerce pursuant to RCW 70A.45.020(2);

2120 SHBHB 1181 (ii)(i) The most recent citygreenhouse andgas countyemissions populationreport estimates prepared by the officedepartment of financialecology managementand the department of commerce pursuant to RCW 43.62.035;70A.45.020(2);

(ii) The most recent city and county population estimates prepared by the office of financial management pursuant to RCW 43.62.035;

The department of commerce shall update these guidelines at least every fivefour years thereafter based on the most recently available data, and shall provide for a process for local governments and other parties to submit alternative actions for consideration for inclusion into the guidelines at least once per year.

The department of commerce shall publish an intermediate set of guidelines no later than December 31, 2023,2022, in order to be available for use by jurisdictions whose periodic updates are required by RCW 36.70A.130(5) to occur prior to December 31, 2025.

The evaluation must also address the impact that locally adopted greenhouse gas emissions reduction subelements have had on meetingzoned local housing goalscapacity. and targets.

The evaluation must also include an estimate of the impact that locally adopted greenhouse gas emissions reduction subelements will have on meetingzoned local housing goalscapacity. and targets.

(6) The department of commerce may not propose or adopt any guidelines that would direct or require local governments to regulate p.

2221 SHBHB 1181 (6) The department of commerce may not propose or adopt any guidelines that would direct or require local governments to regulate or tax, in any form, transportation service providers, delivery vehicles, or passenger vehicles.

(7) The department of commerce, in the course of implementing this section, shall provide and prioritize options that support increased housing supplydiversity and diversity of housing types that assist counties and cities in meeting greenhouse gas emissions reduction,reduction housing supply, and other requirements established under this chapter.

(2) NoticeThe department shall strive to achieve final action on a submitted greenhouse gas emissions reduction subelement within 180 days of intentreceipt and shall post an annual assessment related to applythis forperformance approval.benchmark on the agency website.

(a)(3) NotUpon lessreceipt than 120 days prior to applying for approval of a subelement,proposed thegreenhouse countygas oremissions cityreduction mustsubelement, notify the department inshall: writing that it intends to apply for approval.

The(a) departmentProvide shallnotice to and opportunity for written comment by all interested parties of record as a part of the local government review proposedprocess subelementsfor priorthe proposal and to finalall adoptionpersons, groups, and adviseagencies thethat countyhave orrequested cityin writing notice of theproposed actionsgreenhouse necessarygas toemissions receivereduction approval.subelements.

(b) The comment period shall be at least 30 days, unless the department maydetermines consultthat withthe otherlevel relevantof statecomplexity agenciesor incontroversy makinginvolved itssupports determination.a shorter period;

(c)(b) TheIn department shall publish notice in the Washingtondepartment's Statediscretion, Registerconduct that a citypublic orhearing countyduring has notified the department30-day ofcomment itsperiod intentin to apply for approval and the departmentjurisdiction shallproposing post a copy of the noticegreenhouse ongas theemissions departmentreduction website.subelement;

(3) Procedures for an application for approval.

(a) After taking final action to adopt a greenhouse gas emissions reduction subelement, a city or county may apply to the department for approval of the subelement.

A city or county must submit its application to the department within 10 days of taking final action.

2322 SHBHB 1181 (b)(c) AnWithin application15 fordays approvalafter mustthe include,close atof apublic minimum,comment, request the following:local government:

(i) AReview coverthe letterissues fromidentified by the legislativepublic, authorityinterested requestingparties, approval;groups, and agencies;

and (ii) Aprovide copya ofwritten theresponse adoptedas ordinanceto orhow resolution taking the legislativeproposal actionaddresses or actions required to adopt the greenhouseidentified gasissues; emissions reduction subelement;

(iii)(d) AWithin statement30 explainingdays howafter receipt of the local government response pursuant to (c) of this subsection, make written findings and conclusions regarding the consistency of the proposal with the policy of RCW 36.70A.070 and, after they are adopted, the applicable guidelines adopted by the department pursuant to section 5 of this act and any reduction allocations made pursuant to RCW 36.70A.100, provide a response to the issues identified in (c) of this subsection, and either approve the greenhouse gas emissions reduction subelement compliesas submitted, recommend specific changes necessary to make the greenhouse gas emissions reduction subelement approvable, or deny approval of the greenhouse gas emissions reduction subelement in those instances where no alteration of the greenhouse gas emissions reduction subelement appears likely to be consistent with the provisionspolicy of thisRCW chapter;36.70A.070 and the applicable guidelines.

andThe (iv)written Afindings copyand ofconclusions theshall recordbe developedprovided byto the citylocal orgovernment, countyand atmade anyavailable publicto meetingsall orinterested publicpersons, hearingsparties, atgroups, whichand actionagencies wasof takenrecord on the greenhouseproposal; gas emissions reduction subelement.

(c)(e) ForIf purposesthe ofdepartment thisrecommends subsection,changes to the termsproposed "action"greenhouse gas emissions reduction subelement, within 90 days after the department mails the written findings and "meeting"conclusions haveto the samelocal definitiongovernment, asrequire inthe RCWlocal 42.30.020.government to:

(4)(i) ApprovalAgree procedures.to the proposed changes by written notice to the department;

(a) The department shall strive to achieve final action to approve or deny(ii) Submit an applicationalternative withingreenhouse 180gas daysemissions ofreduction thesubelement. date of receipt of the application.

(b)If, Thein departmentthe mustopinion issueof itsthe decisiondepartment, inthe alternative is consistent with the formpurpose and intent of athe writtenchanges statement,originally includingsubmitted findingsby ofthe factdepartment and conclusions,with andthis notingchapter, it shall approve the datechanges and provide notice to all recipients of the issuancewritten offindings itsand decision.conclusions.

TheIf department'sthe issueddepartment decisiondetermines mustthe conspicuouslyproposed andgreenhouse plainlygas stateemissions thatreduction itsubelement is thenot department'sconsistent finalwith decisionthe purpose and thatintent thereof willthe bechanges noproposed furtherby modificationsthe department, the department may resubmit the proposed greenhouse gas emissions reduction subelement for public and agency review pursuant to this section or reject the proposed greenhouse gas emissions reduction subelement.

(c) The department will promptly publish its decision on the application for approval as follows:

(i) Notify the city or county in writing of its determination;

(ii) Publish a notice of action in the Washington State Register;

(iii) Post a notice of its decision on the agency website;

and (iv) Notify other relevant state agencies regarding the approval decision.

(5) The department shall approve a proposed greenhouse gas emissions reduction subelement unless it determines that the proposed greenhouse gas emissions reduction subelement is not consistent with the policy of RCW 36.70A.070 and, after they are adopted, the applicable guidelines.

(6) The department's final decision to approve or reject a proposed greenhouse gas emissions reduction subelement or amendment by a local government planning under RCW 36.70A.040 may be appealed according to the following provisions:

2423 SHBHB 1181 (a)(4) The department'sdepartment finalshall decision to approve or reject a proposed greenhouse gas emissions reduction subelement orunless amendmentit bydetermines athat localthe governmentproposed planninggreenhouse undergas RCWemissions 36.70A.040reduction maysubelement beis appealednot toconsistent with the growthpolicy managementof hearingsRCW board36.70A.070 byand, filingafter athey petitionare asadopted, providedthe inapplicable RCWguidelines. 36.70A.290.

(b)(5) A decision of the growth management hearings board concerning an appeal of the department's final decision to approve or reject a proposed greenhouse gas emissions reduction subelement ortakes amendmenteffect mustwhen be based solely on whether or not the adopted or amended greenhouse gas emissions reduction subelement, any adopted amendments to other elements of the comprehensive plan necessary to carry out the subelement, and any adopted or amended development regulations necessary to implement the subelement, comply with the goal set forth in RCWsuch 36.70A.020(14)form as itapproved appliesor to greenhouse gas emissions reductions, RCW 36.70A.070(9) excluding RCW 36.70A.070(9)(e), the guidelines adopted underby section 5 of this act applicable to the greenhousedepartment. gas emissions reduction subelement, or chapter 43.21C RCW.

The effective date is 14 days from the date of the department's written notice of final action to the local government stating the department has approved or rejected the proposed greenhouse gas emissions reduction subelement.

The department's written notice to the local government must conspicuously and plainly state that it is the department's final decision and that there will be no further modifications to the proposed greenhouse gas emissions reduction subelement.

The department shall maintain a record of each greenhouse gas emissions reduction subelement, the action taken on any proposed greenhouse gas emissions reduction subelement, and any appeal of the department's action.

The department's approved document of record constitutes the official greenhouse gas emissions reduction subelement.

(6) Promptly after approval or disapproval of a local government's greenhouse gas emissions reduction subelement, the department shall publish a notice consistent with RCW 36.70A.290 that the greenhouse gas emissions reduction subelement has been approved or disapproved.

This notice must be filed for all greenhouse gas emissions reduction subelements.

(7) The department's final decision to approve or reject a proposed greenhouse gas emissions reduction subelement or amendment by a local government planning under RCW 36.70A.040 may be appealed according to the following provisions:

(a) The department's final decision to approve or reject a proposed greenhouse gas emissions reduction subelement or amendment by a local government planning under RCW 36.70A.040 may be appealed to the growth management hearings board by filing a petition as provided in RCW 36.70A.290.

(b) A decision of the growth management hearings board concerning an appeal of the department's final decision to approve or reject a proposed greenhouse gas emissions reduction subelement or amendment must be based solely on whether or not the adopted or amended greenhouse gas emissions reduction subelement, any adopted amendments p.

24 HB 1181 to other elements of the comprehensive plan necessary to carry out the subelement, and any adopted or amended development regulations necessary to implement the subelement, comply with the goal set forth in RCW 36.70A.020(14) as it applies to greenhouse gas emissions reductions, RCW 36.70A.070(9) excluding RCW 36.70A.070(9)(e), the guidelines adopted under section 5 of this act applicable to the greenhouse gas emissions reduction subelement, or chapter 43.21C RCW.

RCW 36.70A.280 and 2011 c 360 s 17 are each amended to read as follows:

(1) The growth management hearings board shall hear and determine only those petitions alleging either:

(a) That, except as provided otherwise by this subsection, a state agency, county, or city planning under this chapter is not in compliance with the requirements of this chapter, chapter 90.58 RCW as it relates to the adoption of shoreline master programs or amendments thereto, or chapter 43.21C RCW as it relates to plans, development regulations, or amendments, adopted under RCW 36.70A.040 or chapter 90.58 RCW.

Nothing in this subsection authorizes the board to hear petitions alleging noncompliance with RCW 36.70A.5801;

(b) That the ((twenty)) 20-year growth management planning population projections adopted by the office of financial management pursuant to RCW 43.62.035 should be adjusted;

(c) That the approval of a work plan adopted under RCW 36.70A.735(1)(a) is not in compliance with the requirements of the program established under RCW 36.70A.710;

(d) That regulations adopted under RCW 36.70A.735(1)(b) are not regionally applicable and cannot be adopted, wholly or partially, by another jurisdiction;

((or)) p.

25 SHB 1181 (e) That a department certification under RCW 36.70A.735(1)(c) is erroneous;

or (f) That the department's final decision to approve or reject a proposed greenhouse gas emissions reduction subelement or amendments by a local government planning under RCW 36.70A.040 was not in compliance with the joint guidance issued by the department pursuant to section 5 of this act.

(2) A petition may be filed only by:

(a) The state, or a county or city that plans under this chapter;

(b) a person who has participated orally or in writing before the county or city regarding the matter on which a review is being requested;

(c) a person who is certified by the governor within ((sixty)) 60 days of filing the request with the board;

or (d) a person qualified pursuant to RCW 34.05.530.

(3) For purposes of this section "person" means any individual, partnership, corporation, association, state agency, governmental subdivision or unit thereof, or public or private organization or entity of any character.

(4) To establish participation standing under subsection (2)(b) of this section, a person must show that his or her participation before the county or city was reasonably related to the person's issue as presented to the board.

(5) When considering a possible adjustment to a growth management planning population projection prepared by the office of financial management, the board shall consider the implications of any such adjustment to the population forecast for the entire state.

The rationale for any adjustment that is adopted by the board must be documented and filed with the office of financial management within ten working days after adoption.

If adjusted by the board, a county growth management planning population projection shall only be used for the planning purposes set forth in this chapter and shall be known as the "board adjusted population projection." None of these changes shall affect the official state and county population forecasts prepared by the office of financial management, which shall continue to be used for state budget and planning purposes.

Sec.

8.

p.(1) Except as provided in ((subsection)) subsections (5) and (6) of this section, comprehensive plans and development regulations, and amendments thereto, adopted under this chapter are presumed valid upon adoption.

26 SHB 1181 (1) Except as provided in subsections (5) and (6) of this section, comprehensive plans and development regulations, and amendments thereto, adopted under this chapter are presumed valid upon adoption.

Sec.p.

9.25 HB 1181 Sec.

8.

Priority for assistance shall be based on a county's or city's population growth rates, commercial and industrial development rates, the existence and p.quality of a comprehensive plan and development regulations, the presence of overburdened communities, and other relevant factors.

27 SHB 1181 quality of a comprehensive plan and development regulations, the presence of overburdened communities, and other relevant factors.

These criteria shall reflect regional and local variations and the diversity that existsp. among different counties and cities that plan under this chapter.

26 HB 1181 exists among different counties and cities that plan under this chapter.

(a) A federally recognized Indian tribe may request the department to provide facilitation services to resolve issues of p.concern with a proposed comprehensive plan and its development regulations, or any amendment to the comprehensive plan and its development regulations.

28 SHB 1181 concern with a proposed comprehensive plan and its development regulations, or any amendment to the comprehensive plan and its development regulations.

(7)p. The department shall provide planning grants to enhance citizen participation under RCW 36.70A.140.

(8)27 TheHB department1181 shall(7) develop,The in collaboration with the department ofshall ecology,provide theplanning departmentgrants of fish and wildlife, the department of natural resources, the department of health, the emergency management division of the military department, as well as any federally recognized tribe who chooses to voluntarilyenhance participate,citizen andparticipation adoptunder byRCW rule36.70A.140. guidance that creates a model climate change and resiliency element that may be used by counties, cities, and multiple-county planning regions for developing and implementing p.

29(8) SHBThe 1181department shall develop, in collaboration with the department of ecology, the department of fish and wildlife, the department of natural resources, the department of health, the emergency management division of the military department, as well as any federally recognized tribe who chooses to voluntarily participate, and adopt by rule guidance that creates a model climate change and resiliency element that may be used by counties, cities, and multiple-county planning regions for developing and implementing climate change and resiliency plans and policies required by RCW 36.70A.070(9), subject to the following provisions:

10.9.

NEWp. SECTION.

28 HB 1181 NEW SECTION.

11.10.

12.11.

p.The county legislative authority of any county may adopt a comprehensive flood control management plan for any drainage basin that is located wholly or partially within the county.

30 SHB 1181 The county legislative authority of any county may adopt a comprehensive flood control management plan for any drainage basin that is located wholly or partially within the county.

((and)) (5)p. Establishing restrictions on land clearing activities and development practices that exacerbate flood problems by increasing the flow or accumulation of flood waters, or the intensity of drainage, on low-lying areas.

29 HB 1181 (5) Establishing restrictions on land clearing activities and development practices that exacerbate flood problems by increasing the flow or accumulation of flood waters, or the intensity of drainage, on low-lying areas.

p.A comprehensive flood control management plan shall be subject to the minimum requirements for participation in the national flood insurance program, requirements exceeding the minimum national flood insurance program that have been adopted by the department of ecology for a specific floodplain pursuant to RCW 86.16.031, and rules adopted by the department of ecology pursuant to RCW 86.26.050 relating to floodplain management activities.

31 SHB 1181 A comprehensive flood control management plan shall be subject to the minimum requirements for participation in the national flood insurance program, requirements exceeding the minimum national flood insurance program that have been adopted by the department of ecology for a specific floodplain pursuant to RCW 86.16.031, and rules adopted by the department of ecology pursuant to RCW 86.26.050 relating to floodplain management activities.

13.12.

The adoption of ordinances, amendments to comprehensive plans, amendments to development regulations, and other nonproject actions taken by a county or city pursuant to RCW 36.70A.070(9) (d) or (e)(f) in order to implement measures specified by the department of commerce pursuant to section 5 of this act are not subject to administrative or judicial appeals under this chapter.

NEW SECTION.

13.

(1) The obligation of local governments to comply with the requirements established in:

(a) The amendments to RCW 36.70A.070 set forth in this act;

and (b) the updated shoreline master program guidelines adopted pursuant to section 10 of this act, is contingent on the provision of state funding to local governments for the specific purpose of complying with these requirements.

(2) The obligation of local governments to comply with the requirements established in:

(a) The amendments to RCW 36.70A.070 set forth in this act;

and (b) the updated shoreline master program guidelines adopted pursuant to section 10 of this act, takes effect two years after the date the legislature appropriates state funding p.

30 HB 1181 to provide to local governments for the purpose of complying with these requirements.

Sec.

(a) For rental housing, ((sixty))sixty 60 percent of the median household income adjusted for household size, for the county where the household is located, as reported by the United States department of housing and urban development;

or (b) For owner-occupied housing, ((eighty))eighty 80 percent of the median household income adjusted for household size, for the county where the household is located, as reported by the United States department of housing and urban development.

p.(3) "Agricultural land" means land primarily devoted to the commercial production of horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animal products or of berries, grain, hay, straw, turf, seed, Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through 84.33.140, finfish in upland hatcheries, or livestock, and that has long-term commercial significance for agricultural production.

32 SHB 1181 (3) "Agricultural land" means land primarily devoted to the commercial production of horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animal products or of berries, grain, hay, straw, turf, seed, Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through 84.33.140, finfish in upland hatcheries, or livestock, and that has long-term commercial significance for agricultural production.

"Fish and wildlife habitat conservation areas" does not include such artificial features or constructs as irrigation delivery systems,p. irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of and are maintained by a port district or an irrigation district or company.

31 HB 1181 systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of and are maintained by a port district or an irrigation district or company.

(10) "Emergency shelter" means a facility that provides a temporary shelter for individuals or families who are currently p.homeless.

33 SHB 1181 homeless.

In determining whether forestland is primarily devoted to growing trees for long-term commercial timber production on land that can be economically and practically managed for such production, the followingp. factors shall be considered:

32 HB 1181 following factors shall be considered:

p.(15) "Long-term commercial significance" includes the growing capacity, productivity, and soil composition of the land for long- term commercial production, in consideration with the land's proximity to population areas, and the possibility of more intense uses of the land.

34 SHB 1181 (15) "Long-term commercial significance" includes the growing capacity, productivity, and soil composition of the land for long- term commercial production, in consideration with the land's proximity to population areas, and the possibility of more intense uses of the land.

(19)p. "Permanent supportive housing" is subsidized, leased housing with no limit on length of stay that prioritizes people who need comprehensive support services to retain tenancy and utilizes admissions practices designed to use lower barriers to entry than would be typical for other subsidized or unsubsidized rental housing, especially related to rental history, criminal history, and personal behaviors.

33 HB 1181 (19) "Permanent supportive housing" is subsidized, leased housing with no limit on length of stay that prioritizes people who need comprehensive support services to retain tenancy and utilizes admissions practices designed to use lower barriers to entry than would be typical for other subsidized or unsubsidized rental housing, especially related to rental history, criminal history, and personal behaviors.

p.(21) "Public services" include fire protection and suppression, law enforcement, public health, education, recreation, environmental protection, and other governmental services.

35 SHB 1181 (21) "Public services" include fire protection and suppression, law enforcement, public health, education, recreation, environmental protection, and other governmental services.

(e)p. That reduce the inappropriate conversion of undeveloped land into sprawling, low-density development;

34 HB 1181 (e) That reduce the inappropriate conversion of undeveloped land into sprawling, low-density development;

(25) "Rural governmental services" or "rural services" include those public services and public facilities historically and typically delivered at an intensity usually found in rural areas, and may include domestic water systems, fire and police protection services, transportation and public transit services, and other p.public utilities associated with rural development and normally not associated with urban areas.

36 SHB 1181 public utilities associated with rural development and normally not associated with urban areas.

A pattern of more intensive rural development, as providedp. in RCW 36.70A.070(5)(d), is not urban growth.

35 HB 1181 provided in RCW 36.70A.070(5)(d), is not urban growth.

Wetlands do not include those p.artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway.

37 SHB 1181 artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway.

Planning for active transportation must consider and address accommodation pursuantp. to the Americans with disabilities act and the distinct needs of each form of active transportation.

36 HB 1181 pursuant to the Americans with disabilities act and the distinct needs of each form of active transportation.

(35) "Environmental justice" means the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to development, implementation, and enforcement of environmental laws, regulations, and policies.policies;

Environmentalwith justicea includesfocus addressingon disproportionatethe environmentalequitable anddistribution healthof impactsresources, inbenefits, all laws, rules, and policiesburdens within environmentala impactsmanner bythat prioritizingprioritizes vulnerablecommunities populationsthat andexperience overburdened communities, the equitablegreatest distributioninequities, ofdisproportionate resourcesimpacts, and benefits,have andthe eliminatinggreatest harm.unmet needs.

p.(37) "Green space" means an area of land, vegetated by natural features such as grass, trees, or shrubs, within an urban context and less than one acre in size that creates public value through one or more of the following attributes:

38 SHB 1181 (37) "Green space" means an area of land, vegetated by natural features such as grass, trees, or shrubs, within an urban context and less than one acre in size that creates public value through one or more of the following attributes:

(1)(a) Each comprehensive land use plan and development regulations shall be subject to continuing review and evaluation by thep. county or city that adopted them.

37 HB 1181 the county or city that adopted them.

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

39 SHB 1181 ordinances and, if planning under RCW 36.70A.040, an analysis of the population allocated to a city or county from the most recent ((ten)) 10-year population forecast by the office of financial management.

Subarea plans adopted under this subsection (2)(a)(i) must clarify, supplement, or implement jurisdiction-wide comprehensive plan policies, and may only bep. adopted if the cumulative impacts of the proposed plan are addressed by appropriate environmental review under chapter 43.21C RCW;

38 HB 1181 be adopted if the cumulative impacts of the proposed plan are addressed by appropriate environmental review under chapter 43.21C RCW;

p.(b) Except as otherwise provided in (a) of this subsection, all proposals shall be considered by the governing body concurrently so the cumulative effect of the various proposals can be ascertained.

40 SHB 1181 (b) Except as otherwise provided in (a) of this subsection, all proposals shall be considered by the governing body concurrently so the cumulative effect of the various proposals can be ascertained.

(b) The county comprehensive plan designating urban growth areas, and the densities permitted in the urban growth areas by the comprehensive plans of the county and each city located within the urbanp. growth areas, shall be revised to accommodate the urban growth projected to occur in the county for the succeeding ((twenty)) 20- year period.

39 HB 1181 urban growth areas, shall be revised to accommodate the urban growth projected to occur in the county for the succeeding ((twenty)) 20- year period.

p.(iii) Less than 15 percent of the areas added to the urban growth area are critical areas;

41 SHB 1181 (iii) Less than 15 percent of the areas added to the urban growth area are critical areas;

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

40 HB 1181 (a) On or before June 30, 2015, for King, Pierce, and Snohomish counties and the cities within those counties;

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

42 SHB 1181 ensure the plan and regulations comply with the requirements of this chapter as follows:

Counties and cities may begin this process early and may be eligible forp. grants from the department, subject to available funding, if they elect to do so.

41 HB 1181 for grants from the department, subject to available funding, if they elect to do so.

The city has a population of no more than five thousand and has had its population increase by the greater of either no more than one hundred persons or no more than seventeen p.percent in the ten years preceding the deadline established in subsection (5) of this section as of that date.

43 SHB 1181 percent in the ten years preceding the deadline established in subsection (5) of this section as of that date.

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

42 HB 1181 required to update development regulations to protect critical areas as they specifically apply to agricultural activities in that watershed.

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

44 SHB 1181 (v) Three or more years have elapsed since the receipt of funding.

Once a county meets the criteria in (a)(i) or (ii) of this subsection, the implementation progress report requirements remain in effect thereafter for that county and the cities therein with populations greater than 6,000 as of April 1, 2021, even if the county later no longerp. meets either or both criteria.

43 HB 1181 longer meets either or both criteria.

and (iii) Progress toward implementing any actions required to achieve reductions to meet greenhouse gas and vehicle miles traveled p.requirements as provided for in any element of the comprehensive plan under RCW 36.70A.070.

45 SHB 1181 requirements as provided for in any element of the comprehensive plan under RCW 36.70A.070.

(10) Any county or city that is required by section 4 of this act to include in its comprehensive plan a climate change and resiliency element and that is also required by subsection (5)(a) of this section to review and, if necessary, revise its comprehensive plan on or before December 31, 2024, must incorporate a climate change and resiliency element into its comprehensive plan as part of the first implementationp. progress report required by subsection (9) of this section.

NEW44 SECTION.HB 1181 implementation progress report required by subsection (9) of this section.

Sec.

16.

A new section is added to chapter 36.70A RCW to read as follows:

(1) Notwithstanding the requirements of RCW 36.70A.070(10), it is the intent that jurisdictions subject to RCW 36.70A.130(5)(b) implement the requirements of this act on or before June 30, 2025.

Any funding provided to cover applicable local government costs related to implementation of this act shall be considered timely.

(2) This section expires July 31, 2025.

NEW SECTION.

Sec.

17.

A new section is added to chapter 43.20 RCW to read as follows:

(1)(a) Beginning with water system plans initiated after June 30, 2024, the department shall ensure water system plans for group A community public water systems serving 1,000 or more connections include a climate resilience element at the time of approval.

p.

46 SHB 1181 (b) The department must update its water system planning guidebook to assist water systems in implementing the climate resilience element, including guidance on any available technical and financial resources.

(c) The department shall provide technical assistance to public water systems based on their system size, location, and water source, by providing references to existing state or federal risk management, climate resiliency, or emergency management and response tools that may be used to satisfy the climate resilience element.

(d) Subject to the availability of amounts appropriated for this specific purpose, the University of Washington climate impacts group shall assist the department in the development of tools for the technical assistance to be provided in (c) of this subsection.

(2) To fulfill the requirements of the climate resilience element, water systems must:

(a) Determine which extreme weather events pose significant challenges to their system and build scenarios to identify potential impacts;

(b) Assess critical assets and the actions necessary to protect the system from the consequences of extreme weather events on system operations;

and (c) Generate reports describing the costs and benefits of the system's risk reduction strategies and capital project needs.

(3) Climate readiness projects, including planning to meet the requirements of this section and actions to protect a water system from extreme weather events, including infrastructure and design projects, are eligible for financial assistance under RCW 70A.125.180.

The department must develop grant and loan eligibility criteria and consider applications from water systems that identify climate readiness projects.

Sec.

18.

RCW 70A.125.180 and 2020 c 20 s 1359 are each amended to read as follows:

Subject to the availability of amounts appropriated for this specific purpose, the department shall provide financial assistance through a water system acquisition and rehabilitation program, hereby created.

((The program shall be jointly administered with the public works board and the department of commerce.)) The ((agencies)) department shall adopt guidelines for the program using as a model the procedures and criteria of the drinking water revolving loan p.

47 SHB 1181 program authorized under RCW 70A.125.160.

All financing provided through the program must be in the form of grants or loans that partially cover project costs, including projects and planning required under RCW 36.70A.480.

The maximum grant or loan to any eligible entity may not exceed ((twenty-five)) 25 percent of the funds allocated to the appropriation in any fiscal year.

4845 SHBHB 1181