HB 1225 — Requiring planning for the availability of mineral resources for future generations under the growth management act.

H-1847.3SUBSTITUTEH-0649.1HOUSE HOUSE BILL 1225State of Washington65th Legislature2017 Regular SessionBy House Environment (originally sponsored by Representatives Pike, Fitzgibbon, Manweller, Blake, Wylie, Peterson, and McDonald)READMcDonaldRead FIRSTfirst TIMEtime 02/16/17.AN01/13/17. ACT Relating to planning for the availability of mineral resources for future generations under the growth management act;

andReferred amending RCW 36.70A.020 and 36.70A.131.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:Sec. 1.  RCW 36.70A.020 and 2002 c 154 s 1 are each amended to readCommittee ason follows:TheEnvironment.AN followingACT goalsRelating are adopted to guideplanning for the developmentavailability and adoption of comprehensivemineral plansresources andfor developmentfuture regulationsgenerations ofunder thosethe countiesgrowth andmanagement citiesact; that are required or choose to plan under RCW 36.70A.040.

and amending RCW 36.70A.020, 36.70A.060, and 36.70A.131.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:Sec. 1.  RCW 36.70A.020 and 2002 c 154 s 1 are each amended to read as follows:The following goals are adopted to guide the development and adoption of comprehensive plans and development regulations of those counties and cities that are required or choose to plan under RCW 36.70A.040.

Identify and encourage the preservation of lands, sites, and structures, that have historical or archaeological significance.Sec. 2.  RCW 36.70A.13136.70A.060 and 19982014 c 286147 s 72 are each amended to read as follows:(1)follows:(1)(a) AsEach partcounty ofthat theis review required byor RCWchooses 36.70A.130(1),to aplan countyunder orRCW 36.70A.040, and each city within such county, shall reviewadopt itsdevelopment mineralregulations resourceon landsor designationsbefore adoptedSeptember pursuant1, 1991, to RCWassure 36.70A.170the conservation of agricultural, forest, and mineral resource lands developmentdesignated regulationsunder adopted pursuant to RCW 36.70A.04036.70A.170. and 36.70A.060.

Regulations adopted under this subsection may not prohibit uses legally existing on any parcel prior to their adoption and shall remain in effect until the county or city adopts development regulations pursuant to RCW 36.70A.040.

Such regulations shall assure that the use of lands adjacent to agricultural, forest, or mineral resource lands shall not interfere with the continued use, in the accustomed manner and in accordance with best management practices, of these designated lands for the production of food, agricultural products, or timber, or for the extraction of minerals.(b) Counties and cities shall require that all plats, short plats, development permits, and building permits issued for development activities on, or within five hundred feet of, lands designated as agricultural lands, forestlands, or mineral resource lands, contain a notice that the subject property is within or near designated agricultural lands, forestlands, or mineral resource lands on which a variety of commercial activities may occur that are not compatible with residential development for certain periods of limited duration.

The notice for mineral resource lands shall also inform that an application might be made for ((mining-related activities, including mining, extraction, washing, crushing, stockpiling,)) blasting((, transporting, and recycling)) of minerals.(c) Each county that adopts a resolution of partial planning under RCW 36.70A.040(2)(b), and each city within such county, shall adopt development regulations within one year after the adoption of the resolution of partial planning to assure the conservation of agricultural, forest, and mineral resource lands designated under RCW 36.70A.170.

Regulations adopted under this subsection (1)(c) must comply with the requirements governing regulations adopted under (a) of this subsection.(d)(i) A county that adopts a resolution of partial planning under RCW 36.70A.040(2)(b) and that is not in compliance with the planning requirements of this section, RCW 36.70A.040(4), 36.70A.070(5), 36.70A.170, and 36.70A.172 at the time the resolution is adopted must, by January 30, 2017, apply for a determination of compliance from the department finding that the county's development regulations, including development regulations adopted to protect critical areas, and comprehensive plans are in compliance with the requirements of this section, RCW 36.70A.040(4), 36.70A.070(5), 36.70A.170, and 36.70A.172.

The department must approve or deny the application for a determination of compliance within one hundred twenty days of its receipt or by June 30, 2017, whichever date is earlier.(ii) If the department denies an application under (d)(i) of this subsection, the county and each city within is obligated to comply with all requirements of this chapter and the resolution for partial planning adopted under RCW 36.70A.040(2)(b) is no longer in effect.(iii) A petition for review of a determination of compliance under (d)(i) of this subsection may only be appealed to the growth management hearings board within sixty days of the issuance of the decision by the department.(iv) In the event of a filing of a petition in accordance with (d)(iii) of this subsection, the county and the department must equally share the costs incurred by the department for defending an approval of determination of compliance that is before the growth management hearings board.(v) The department may implement this subsection (([(1)])) (1)(d) by adopting rules related to determinations of compliance.

The rules may address, but are not limited to:

The requirements for applications for a determination of compliance;

charging of costs under (d)(iv) of this subsection;

procedures for processing applications;

criteria for the evaluation of applications;

issuance and notice of department decisions;

and applicable timelines.(2) Each county and city shall adopt development regulations that protect critical areas that are required to be designated under RCW 36.70A.170.

For counties and cities that are required or choose to plan under RCW 36.70A.040, such development regulations shall be adopted on or before September 1, 1991.

For the remainder of the counties and cities, such development regulations shall be adopted on or before March 1, 1992.(3) Such counties and cities shall review these designations and development regulations when adopting their comprehensive plans under RCW 36.70A.040 and implementing development regulations under RCW 36.70A.120 and may alter such designations and development regulations to insure consistency.(4) Forestland and agricultural land located within urban growth areas shall not be designated by a county or city as forestland or agricultural land of long-term commercial significance under RCW 36.70A.170 unless the city or county has enacted a program authorizing transfer or purchase of development rights.Sec. 3.  RCW 36.70A.131 and 1998 c 286 s 7 are each amended to read as follows:(1) As part of the review required by RCW 36.70A.130(1), a county or city shall review its mineral resource lands designations adopted pursuant to RCW 36.70A.170 and mineral resource lands development regulations adopted pursuant to RCW 36.70A.040 and 36.70A.060.

and(((2))) (b) New or modified model development regulations for mineral resource lands prepared by the department of natural resources, the department of ((community, trade, and economic development)) commerce, or the Washington state association of counties.(2)(a)counties.(2) InWhether ordershown toby protectnew mineralinformation resourceas landsdescribed fromin incompatiblesubsection uses(1)(a) and to(b) maintainof thethis long-termsection, commercialor viabilityshown ofby mineralprior resourceinformation extraction,submitted eachto the county andor city, a county or city mustshall designate as mineral resource lands all landsproperty that havehas long-term significance for the extraction of minerals.

MineralThis resource lands of long-term significance that were previously designated as agricultural lands or forestlands are not required to be dedesignated, but must also receive an overlapping designation as mineral resource lands.(b) In making designations consistent with (a) of this subsection, a county or city must consider information submitted in subsection (1)(a) and (b) of this section, as well as other relevant information known to the county or city regarding the locations of mineral resource lands of long-term significance.(c) The requirement to designate mineral resource lands of long-term significance consistentcannot with (a) of this subsection must not be limited,restricted made contingent upon, or deferred by populationpace growthof projectionsgrowth, ormarket mineralanalysis resourcesuch supplyas ora demand forecasts, including twenty-year supply threshold market analyses.(d) Nothing in this chapter limits or restricts the obligation or authority of asupply, county or cityany toother requiremechanism. site-specific permits for the development of designated mineral resource lands.--- END ---

Any lands that have long-term significance for the extraction of minerals must be provided the protection of a mineral resource lands designation.

The requirement to designate all such property as mineral resource lands is to ensure that lands are designated and afforded protection from incompatible uses so as to maintain viability for future extraction.

Designation of mineral resource lands under this chapter is separate from site-specific permitting.

A designation of mineral resource lands does not preclude the county and city from requiring owners of property to obtain site-specific permits prior to development and mining mineral resource lands.--- END ---