HB 2342 — Aligning the timing of comprehensive plan updates required by the growth management act with the timing of shoreline master program updates required by the shoreline management act.

ENGROSSEDH-3733.1HOUSE SUBSTITUTE HOUSE BILL 2342State of Washington66th Legislature2020 Regular SessionByHouseSessionByRepresentatives Environment & Energy (originally sponsored by Representatives Fitzgibbon, Leavitt, Tharinger, Walen, Doglio, Pollet, and Appleton)READAppletonPrefiled FIRST01/09/20.Read TIMEfirst 02/07/20.ANtime 01/13/20.Referred to Committee on Environment & Energy.AN ACT Relating to aligning the timing of comprehensive plan updates required by the growth management act with the timing of shoreline master program updates required by the shoreline management act;

Any amendment of or revision to development regulations shall be consistent with and implement the comprehensive plan.(2)(a) Each county and city shall establish and broadly disseminate to the public a public participation program consistent with RCW 36.70A.035 and 36.70A.140 that identifies procedures and schedules whereby updates, proposed amendments, or revisions of the comprehensive plan are considered by the governing body of the county or city no more frequently than once every year((,year, except that, until December 31, 2015, the program shall provide for consideration of amendments of an urban growth area in accordance with RCW 36.70A.1301 once every year)).year.

However, after appropriate public participation a county or city may adopt amendments or revisions to its comprehensive plan that conform with this chapter whenever an emergency exists or to resolve an appeal of a comprehensive plan filed with the growth management hearings board or with the court.(3)(a) Each county that designates urban growth areas under RCW 36.70A.110 shall review, according to the schedules established in ((subsection))subsectionssubsection (4) and (5) of this section, its designated urban growth area or areas, and the densities permitted within both the incorporated and unincorporated portions of each urban growth area.

The review required by this subsection may be combined with the review and evaluation required by RCW 36.70A.215.(4) ((ExceptExcept as provided in subsection (6)(((6)))(7) of this section, counties and cities shall take action to review and, if needed, revise their comprehensive plans and development regulations to ensure the plan and regulations comply with the requirements of this chapter as follows:(a) On or before December 1, 2004, for Clallam, Clark, Jefferson, King, Kitsap, Pierce, Snohomish, Thurston, and Whatcom counties and the cities within those counties;(b) On or before December 1, 2005, for Cowlitz, Island, Lewis, Mason, San Juan, Skagit, and Skamania counties and the cities within those counties;(c) On or before December 1, 2006, for Benton, Chelan, Douglas, Grant, Kittitas, Spokane, and Yakima counties and the cities within those counties;

and(d) On or before December 1, 2007, for Adams, Asotin, Columbia, Ferry, Franklin, Garfield, Grays Harbor, Klickitat, Lincoln, Okanogan, Pacific, Pend Oreille, Stevens, Wahkiakum, Walla Walla, and Whitman counties and the cities within those counties.(5)))counties.(5) Except as otherwise provided in subsections (((6) and (8)))(7) and (9) of this section, ((followingfollowing the review of comprehensive plans and development regulations required by subsection (4) of this section,))section, counties and cities shall take action to review and, if needed, revise their comprehensive plans and development regulations to ensure the plan and regulations comply with the requirements of this chapter as follows:(a) On or before June 30, 2015,((2015))2024, ((andand every eight((eight))ten years thereafter,))thereafter, for King, Kitsap, Pierce, and Snohomish counties and the cities within those counties;(b) On or before June 30, 2016,((2016))2025, ((andand every eight((eight))ten years thereafter,))thereafter, for Clallam, Clark, Island, Jefferson, Kitsap,((Kitsap))Lewis, Mason, San Juan, Skagit, Thurston, and Whatcom counties and the cities within those counties;(c) On or before June 30, 2017,((2017))2026, ((andand every eight((eight))ten years thereafter,))thereafter, for Benton, Chelan, Cowlitz, Douglas, Franklin, Kittitas, Lewis,((Lewis,)) Skamania, Spokane, Walla Walla, and Yakima counties and the cities within those counties;

and(d) On or before June 30, 2018,((2018))2027, ((andand every eight((eight))ten years thereafter,))thereafter, for Adams, Asotin, Columbia, Ferry, Franklin,((Franklin,)) Garfield, Grant, Grays Harbor, Klickitat, Lincoln, Okanogan, Pacific, Pend Oreille, Stevens, Wahkiakum, Walla((Walla Walla,Walla,)) and Whitman counties and the cities within those counties.(5)(a)counties.(6)(a) ExceptNo aslater otherwisethan providedfive inyears subsectionsafter (7)each and (9) of thisthe section,deadlines followingfor the review and possible revision of comprehensive plans and development regulations requiredspecified byin subsection (4)(5) of this section, counties and cities shall take additional action to review and, if needed, revise the following specific elements of their comprehensive plans and development regulations to ensure the plan and regulations comply with the requirements of this chapterchapter:(i) asThe follows:(i)housing Onelement orof before June 30, 2024, and every ten years thereafter, for King, Kitsap, Pierce, and Snohomish counties and the citiescomprehensive withinplan; those counties;(ii) On or before June 30, 2025, and every ten years thereafter, for Clallam, Clark, Island, Jefferson, Lewis, Mason, San Juan, Skagit, Thurston, and Whatcom counties and the cities within those counties;(iii) On or before June 30, 2026, and every ten years thereafter, for Benton, Chelan, Cowlitz, Douglas, Franklin, Kittitas, Skamania, Spokane, Walla Walla, and Yakima counties and the cities within those counties;

and(iv)and(ii) OnThe orprotection beforeof Junecritical 30,areas 2027,as andprovided everyin tenthe yearsrural thereafter,element forof Adams,the Asotin,comprehensive Columbia,plan, Ferry,in Garfield,order Grant,to Graysincorporate Harbor,the Klickitat,best Lincoln,available Okanogan,science Pacific,regarding Pendthe Oreille,protection Stevens,of Wahkiakum,critical andareas.(b) WhitmanThe countiesdepartment andshall theadopt citiesrules withinto thosespecify counties.(b)additional Forelements, Benton,if Clark,any, Franklin,of King,comprehensive Kitsap,plans Pierce,and Snohomish,development Spokane,regulations Thurston,that andmust Whatcombe counties,updated andpursuant theto citiesthis withinsubsection these(6) counties,in theorder reviewto andensure possiblethat revision of comprehensive plans and development regulations requiredcomply bywith thisthe subsectionrequirements (5)(b) is required every eight years, rather than every ten years as provided in (a) of this subsection,chapter.(c) ifUpdates theto legislaturecomprehensive hasplans notand appropriateddevelopment theregulations fundingmade amountspursuant specifiedto in this subsection (5)(b)(6) byare thesubject followingto datesappeal to the departmentgrowth formanagement thehearings purposeboard ofunder grantsRCW associated36.70A.280.(7)(a) withNothing thein review and revision process required by subsection (6) of this section:(i)section Byprecludes June 30, 2027, a minimumcounty ofor eighty-fivecity thousandfrom dollarsconducting per affected jurisdiction, for the review and revisionevaluation process required by subsectionthis (6)section ofbefore thisthe sectiondeadlines toestablished occurin duringsubsections the(4) yearsand 2029(5) throughof 2031;this section.

and(ii)Counties Byand Junecities 30,may 2037,begin athis minimumprocess ofearly oneand hundredmay fivebe thousandeligible dollarsfor pergrants affectedfrom jurisdiction, for the reviewdepartment, andsubject revisionto processavailable requiredfunding, byif subsectionthey (6)elect of this section to occurdo duringso.(b) theA yearscounty 2039that throughis 2041.(6)(a)subject Noto latera thandeadline fiveestablished yearsin aftersubsection each(4)(b) ofthrough the(d) deadlines for the review and possible revision of comprehensive plans and development regulations specified in subsection (5) of this section,section Benton, Clark, Franklin, King, Kitsap, Pierce, Snohomish, Spokane, Thurston, and Whatcommeets counties and the cities within these counties, shall take additional action to review and, if needed, revise the following specificcriteria elementsmay of their comprehensive plans and development regulations to ensure the plan and regulations comply with the requirements of this chapter:(i)section Theat housingany elementtime ofwithin the comprehensivethirty-six plan,months withfollowing the topicsdeadline andestablished scopein subjectsubsection to(4) rules adopted by the department pursuant to (b) of this subsection;section:

and(ii) Development regulations that protect critical areas, in the event that the department or another state agency has issued official updated guidance regarding critical areas since the due date of the county's or city's previous review and possible revision of its comprehensive plan and development regulations.(b) The department shall adopt rules to specify the threshold conditions that will bring about the need for review and, if needed, revision of development regulation updates or other updates needed to meet the goals and requirements of the housing element.

In specifying these threshold conditions, the department shall address, at a minimum, the following factors:(i) What features, such as shifts in the regional housing market, would necessitate that counties and cities identified in (a) of this subsection take additional action under (a) of this subsection;(ii) Based on the identified factors, how to determine which counties and cities identified in (a) of this subsection must take additional actions to review and, if needed, revise development regulations or take other actions to achieve the goals and requirements of the housing element of their comprehensive plan;(iii) Which topics or components of the housing element must be reviewed and, if needed, what actions must be taken in order to align development outcomes with the goals within the housing element;

and(iv) How to execute the review and revision process over each successive ten-year planning cycle.(c) Updates to comprehensive plans and development regulations made pursuant to this subsection (6) are subject to appeal to the growth management hearings board under RCW 36.70A.280.(d) The requirements of this subsection (6) apply only if the legislature has appropriated the funding amounts specified in this subsection (6)(d) by the following dates to the department for the purpose of grants associated with the review and revision process required by this subsection (6):(i) By June 30, 2027, a minimum of eighty-five thousand dollars per affected jurisdiction, for the review and revision process required by this subsection (6) to occur during the years 2029 through 2031;

and(ii) By June 30, 2037, a minimum of one hundred five thousand dollars per affected jurisdiction, for the review and revision process required by this subsection (6) to occur during the years 2039 through 2041.(7)(a) Nothing in this section precludes a county or city from conducting the review and evaluation required by this section before the deadlines established in subsections (4) and (5) of this section.

Counties and cities may begin this process early and may be eligible for grants from the department, subject to available funding, if they elect to do so.(b) ((A county that is subject to a deadline established in subsection (4)(b) through (d) of this section and meets the following criteria may comply with the requirements of this section at any time within the thirty-six months following the deadline established in subsection (4) of this section:

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 percent in the ten years preceding the deadline established in subsection (4) of this section as of that date.(d) A county or city that is subject to a deadline established in subsection (4)(d) of this section and that meets the criteria established in (b) or (c) of this subsection may comply with the requirements of subsection (4)(d) of this section at any time within the thirty-six months after the extension provided in (b) or (c) of this subsection.(e)))subsection.(e) A county that is subject to a deadline established in subsection (5)(((b)(5)(b) through (d)))(a)(ii)(d) through (iv) or (6) of this section and meets the following criteria may comply with the requirements of this section at any time within the twenty-four months following the deadline established in subsection (5) or (6) of this section:

The county has a population of less than fifty thousand and has had its population increase by no more than seventeen percent in the ten years preceding the deadline established in subsection (5) of this section as of that date.(((f)))(c)date.(f) A city that is subject to a deadline established in subsection (5)(((b)(5)(b) through (d)))(a)(ii)(d) through (iv) or (6) of this section and meets the following criteria may comply with the requirements of this section at any time within the twenty-four months following the deadline established in subsection (5) or (6) of this section:

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 percent in the ten years preceding the deadline established in subsection (5) of this section as of that date.(((g)))(d)date.(g) State agencies are encouraged to provide technical assistance to the counties and cities in the review of critical area ordinances, comprehensive plans, and development regulations.(((7)))(8)(a) The requirements imposed on counties and cities under this section shall be considered "requirements of this chapter" under the terms of RCW 36.70A.040(1).

Only those counties and cities that meet the following criteria may receive grants, loans, pledges, or financial guarantees under chapter 43.155 or 70.146 RCW:(i) Complying with the deadlines in this section;section;(ii) Demonstrating substantial progress towards compliance with the schedules in this section for development regulations that protect critical areas;

or(ii)or(iii) DemonstratingComplying substantialwith progressthe towardsextension provisions of subsection (((6)))(7)(b), (c), or (d) of this section.(b) A county or city that is fewer than twelve months out of compliance with the schedules in this section for development regulations that protect critical areas((;areas is making substantial progress towards compliance.

or(iii) Complying with the extension provisions of subsection (6)(b), (c), or (d) of this section)).(b) A county or city that is fewer than twelve months out of compliance with the schedules in this section for development regulations that protect critical areas is making substantial progress towards compliance.

This subsection (((8)))(9)(c) does not apply to a participating watershed that has determined under RCW 36.70A.720(2)(c)(ii) that the watershed's goals and benchmarks for protection have been met.(10)met.Sec. The office of financial management, upon the enactment of the biennial operating budget in 2027 and 2037, shall inform the department, the office of the governor, the office of the code reviser, and the committees of the legislature with jurisdiction over this chapter, of the amount that has been appropriated to the department for the purpose of providing funding for planning grants in connection with the requirements of RCW 36.70A.130(6).Sec.

and(iv) On or before June 30, ((2022))2032, and every ((eight))ten years thereafter, for Adams, Asotin, Columbia, Ferry, ((Franklin,)) Garfield, Grant, Grays Harbor, Klickitat, Lincoln, Okanogan, Pacific, Pend Oreille, Stevens, Wahkiakum, ((Walla Walla,)) and Whitman counties and the cities within those counties.(5) In meeting the ((update))reviewupdate requirements of subsection (((2)))(4)(2) of this section, local governments are encouraged to begin the process of developing or amending their master programs early and are eligible for grants from the department as provided by RCW 90.58.250, subject to available funding.

Subsequent master program review dates shall not be altered by the provisions of this subsection.(6) In meeting the ((update))reviewupdate requirements of subsection (((2)))(4)(2) of this section, the following shall apply:(a) Grants to local governments for ((developingdeveloping and amending))reviewingamending master programs pursuant to the schedule established by this section shall be provided at least two years before the adoption dates specified in subsection (((2)))(4)(2) of this section.

To the extent possible, the department shall allocate grants within the amount appropriated for such purposes to provide reasonable and adequate funding to local governments that have indicated their intent to develop or amend master programs during the biennium according to the schedule established by subsection (((2)))(4)(2) of this section.

Any local government that applies for but does not receive funding to comply with the provisions of subsection (((2)))(4)(2) of this section may delay the development or amendment of its master program until the following biennium.(b) Local governments with delayed compliance dates as provided in (a) of this subsection shall be the first priority for funding in subsequent biennia, and the ((developmentdevelopment or amendment))periodicamendment review compliance deadline for those local governments shall be two years after the date of grant approval.(c) Failure of the local government to apply in a timely manner for a master program development or amendment grant in accordance with the requirements of the department shall not be considered a delay resulting from the provisions of (a) of this subsection.(7) In meeting the update requirements of subsection (2) of this section, all local governments subject to the requirements of this chapter that have not developed or amended master programs on or after March 1, 2002, shall, no later than December 1, 2014, develop or amend their master programs to comply with guidelines adopted by the department after January 1, 2003.(8) In meeting the ((update))reviewupdate requirements of subsection (((2)))(4)(2) of this section, local governments may be provided an additional year beyond the deadlines in this section to complete their master program or amendment.

Section 2 of this act takes effect July 1, 2025.---2022.--- END ---