NEW SECTION. Sec.___. Intent -- Declarations

(1) The legislature finds that land use and environmental policies are inherently related and therefore that there should be consistency between state policy and implementation of that policy by state and local governments. The legislature finds that it is in the state’s interest to develop an integrated land use code to promote environmental protection and consistent land use policies. It is in the public interest to streamline and consolidate various land use and environmental statutes to achieve a more uniform framework that enhances that state’s quality-of-life, yet planning for and fostering all reasonable and appropriate uses. The legislature finds that, while there have been some efforts to coordinate new land use and environmental statutes with existing laws, a consolidated land use code will result in additional procedural streamlining and generate more support for environmental protection. Overlapping and duplicative regulations are costly to both the public and the private sector, thereby hampering the ability of the state to meet its environmental and land use objectives. The intent of this land use code is to rely on existing requirements and adopted standards and to provide for supplemental procedures only to the extent that the significant adverse environmental impacts have not been addressed. The legislature declares that it is in the state’s interest to provide incentives that will allow the delegation of regulatory authority to local governments that demonstrate the ability to manage environmental and land use statutes in accordance with the state’s policies and guidelines.

(2) The Legislature further finds that land use regulation in the state has become complicated by the adoption of separate and uncoordinated acts and a variety of land use regulatory measures, including the State Environmental Policy Act in 1971, the State Shoreline Management Act in 1971, and most recently, the adoption of the Growth Management Act in 1990 and 1991. The Legislature finds that each enactment has been warranted by specific circumstances and conditions and that each has contributed to better environmental protection and growth management. The Legislature finds that the absence of coordination has resulted in a complex regulatory system that creates uncertainty and may result in competing and conflicting goals and objectives. The Legislature finds that the resources, interests and values intended to be protected and preserved in each of these regulatory systems can better be accomplished, while reducing unnecessary regulatory burdens, delays, costs and complexities, by the integration and consolidation of Washington’s land use regulatory measures into a single, consolidated code.

(3) The Legislature further finds that it will be in the best interests of the state if future land use and environmental protection and regulatory systems are integrated into and made a part of the Growth Management Act, and that future land use and environmental measures should not be adopted separately or apart from this Act.

(4) The legislature, recognizing that man depends on his biological and physical surroundings for food, shelter, and other needs, and for cultural enrichment as well; and recognizing further the profound impact of man’s activity on the interrelations of all components of the natural environment, particularly the profound influences of population growth, high-density urbanization, industrial expansion, resource utilization and exploitation, and new and expanding technological advances and recognizing further the critical importance of restoring and maintaining environmental quality to the overall welfare and development of man, declares that it is the continuing policy of the state of Washington, in cooperation with federal and local governments, and other concerned public and private organizations, to use all practicable means and measures, including financial and technical assistance, in a manner calculated to: (a) Foster and promote the general welfare; (b) to create and maintain conditions under which man and nature can exist in productive harmony; and (c) fulfill the social, economic, and other requirements of present and future generations of Washington citizens.

(5) The purposes of this chapter are: (a) To declare a state policy which will encourage productive and enjoyable harmony between man and his environment; (b) to promote efforts which will prevent or eliminate damage to the environment and biosphere; (c) and stimulate the health and welfare of man; and (d) to enrich the understanding of the ecological systems and natural resources important to the state and nation.

NEW SECTION. Sec. ___ Findings.

(1) The legislature finds that uncoordinated and unplanned growth, together with a lack of common goals expressing the public’s interest in the conservation and the wise use of our lands, pose a threat to the environment, sustainable economic development, and the health, safety, and high quality of life enjoyed by residents of this state. It is in the public interest that citizens, communities, local governments, and the private sector cooperate and coordinate with one another in comprehensive land use planning. Further, the legislature finds that it is in the public interest that economic development programs be shared with communities experiencing insufficient economic growth.

(2) The legislature finds that the shorelines of the state are among the most valuable and fragile of its natural resources and that there is great concern throughout the state relating to their utilization, protection, restoration, and preservation. In addition it finds that ever increasing pressures of additional uses are being placed on the shorelines necessitating increased coordination in the management and development of the shorelines of the state. The legislature further finds that much of the shorelines of the state and the uplands adjacent thereto are in private ownership; that unrestricted construction on the privately owned or publicly owned shorelines of the state is not in the best public interest; and therefore, coordinated planning is necessary in order to protect the public interest associated with the shorelines of the state while, at the same time, recognizing and protecting private property rights consistent with the public interest. There is, therefor, a clear and urgent demand for a planned, rational, and concerted effort, jointly performed by federal, state, and local governments, to prevent the inherent harm in an uncoordinated and piecemeal development of the state’s shorelines.

It is the policy of the state to provide for the management of the shorelines of the state by planning for and fostering all reasonable and appropriate uses. This policy is designed to insure the development of these shorelines in a manner which, while allowing for limited reduction of rights of the public in the navigable waters, will promote and enhance the public interest. This policy contemplates protecting against adverse effects to the public health, the land and its vegetation and wildlife, and the waters of the state and their aquatic life, while protecting generally public rights of navigation and corollary rights incidental thereto.

(3) The legislature declares that the interest of all of the people shall be paramount in the management of shorelines of state-wide significance.

NEW SECTION. Sec. ___. State and Local Government Responsibility.

(1) In order to carry out the policy set forth in this chapter, it is the continuing responsibility of the state of Washington and all agencies of the state to use all practicable means, consistent with other essential considerations of state policy, to improve and coordinate plans, functions, programs, and resources to the end that the state and its citizens may:

(a) Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;

(b) Assure for all people of Washington safe, healthful, productive, and aesthetically and culturally pleasing surroundings;

(c) Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences;

(d) Preserve important historic, cultural, and natural aspects of our national heritage;

(e) Maintain, wherever possible, an environment which supports diversity and variety of individual choice;

(f) Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life’s amenities; and

(g) Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.

(2) In the implementation of the policy of this title the public’s opportunity to enjoy the physical and aesthetic qualities of natural shorelines of the state shall be preserved to the greatest extent feasible consistent with the overall best interest of the state and the people generally. To this end uses shall be preferred which are consistent with control of pollution and prevention of damage to the natural environment, or are unique to or dependent upon use of the state’s shoreline. Alterations of the natural condition of the shorelines of the state, in those limited instances when authorized, shall be given priority for single family residences and their appurtenant structures, ports, shoreline recreational uses including but not limited to parks, marinas, piers, and other improvements facilitating public access to shorelines of the state, industrial and commercial developments which are particularly dependent on their location on or use of the shorelines of the state and other development that will provide an opportunity for substantial numbers of the people to enjoy the shorelines of the state. Alterations of the natural condition of the shorelines and shorelands of the state shall be recognized by the department. Shorelines and shorelands of the state shall be appropriately classified and these classifications shall be revised when circumstances warrant regardless of whether the change in circumstances occurs through man-made causes or natural causes. Any areas resulting from alterations of the natural condition of the shorelines and shorelands of the state no longer meeting the definition of "shorelines of the state" shall not be subject to the provisions of chapter 90.58 RCW.

(3) The state government and local governments shall give preference to uses in shorelines of state-wide significance, in the following order of preference which:

(a) Recognize and protect the state-wide interest over local interest;

(b) Preserve the natural character of the shoreline;

(c) Result in long term over short term benefit;

(d) Protect the resources and ecology of the shoreline;

(e) Increase public access to publicly owned areas of the shorelines;

(f) Increase recreational opportunities for the public in the shoreline;

(g) Provide for any other element as defined in RCW 90.58.100 deemed appropriate or necessary.

NEW SECTION. Sec. ___. Land Use Planning Goals.

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 section [ ] of this act. The following goals are not listed in order of priority and shall be used exclusively for the purpose of guiding the development of comprehensive plans and development regulations:

(1) Urban growth. Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner.

(2) Reduce sprawl. Reduce the inappropriate conversion of undeveloped land into sprawling, low-density development.

(3) Transportation. Encourage efficient multimodal transportation systems that are based on regional priorities and coordinated with county and city comprehensive plans.

(4) Housing. Encourage the availability of affordable housing to all economic segments of the population of this state, promote a variety of residential densities and housing types, and encourage preservation of existing housing stock.

(5) Economic development. Encourage economic development throughout the state that is consistent with adopted comprehensive plans, promote economic opportunity for all citizens of this state, especially for unemployed and for disadvantaged persons, and encourage growth in areas experiencing insufficient economic growth, all within the capacities of the state’s natural resources, public services, and public facilities.

(6) Property rights. Private property shall not be taken for public use without just compensation having been made. The property rights of landowners shall be protected from arbitrary and discriminatory actions.

(7) Permits. Applications for both state and local government permits should be processed in a timely and fair manner to ensure predictability.

(8) Natural resource industries. Maintain and enhance natural resource-based industries, including productive timber, agricultural, and fisheries industries. Encourage the conservation of productive forest lands and productive agricultural lands, and discourage incompatible uses.

(9) Open space and recreation. Encourage the retention of open space and development of recreational opportunities, conserve fish and wildlife habitat, increase access to natural resource lands and water, and develop parks.

(10) Environment. Protect the environment and enhance the state’s high quality of life, including air and water quality, and the availability of water.

(11) Citizen participation and coordination. Encourage the involvement of citizens in the planning process and ensure coordination between communities and jurisdictions to reconcile conflicts.

(12) Public facilities and services. Ensure that those public facilities and services necessary to support development shall be adequate to serve the development at the time the development is available for occupancy and use without decreasing current service levels below locally established minimum standards.

(13) Historic preservation. Identify and encourage the preservation of lands, sites, and structures, that have historical or archaeological significance.

NEW SECTION. Sec. ___. Shoreline Goals and Policy.

In the implementation of this policy the public’s opportunity to enjoy the physical and aesthetic qualities of natural shorelines of the state shall be preserved to the greatest extent feasible consistent with the overall best interest of the state and the people generally. To this end uses shall be preferred which are consistent with control of pollution and prevention of damage to the natural environment, or are unique to or dependent upon use of the state’s shoreline. Alterations of the natural condition of the shorelines of the state, in those limited instances when authorized, shall be given priority for single family residences and their appurtenant structures, ports, shoreline recreational uses including but not limited to parks, marinas, piers, and other improvements facilitating public access to shorelines of the state, industrial and commercial developments which are particularly dependent on their location on or use of the shorelines of the state and other development that will provide an opportunity for substantial numbers of the people to enjoy the shorelines of the state. Alterations of the natural condition of the shorelines and shorelands of the state shall be recognized by the department. Shorelines and shorelands of the state shall be appropriately classified and these classifications shall be revised when circumstances warrant regardless of whether the change in circumstances occurs through man-made causes or natural causes. Any areas resulting from alterations of the natural condition of the shorelines and shorelands of the state no longer meeting the definition of "shorelines of the state" shall not be subject to the provisions of chapter 90.58 RCW.

Permitted uses in the shorelines of the state shall be designed and conducted in a manner to minimize, insofar as practical, any resultant damage to the ecology and environment of the shoreline area and any interference with the public’s use of the water.

Sec. ___. RCW 36.70A.3201. In amending RCW 36.70A.320(3) by section 20(3), chapter 429, Laws of 1997, the legislature intends that the boards apply a more deferential standard of review to actions of counties and cities than the preponderance of the evidence standard provided for under existing law. In recognition of the broad range of discretion that may be exercised by counties and cities consistent with the requirements of this chapter, the legislature intends for the boards to grant deference to counties and cities in how they plan for growth, consistent with the requirements and goals of this chapter. Local comprehensive plans and development regulations require counties and cities to balance priorities and options for action in full consideration of local circumstances. The legislature finds that while this chapter requires local planning to take place within a framework of state goals and requirements, the ultimate burden and responsibility for planning, harmonizing the planning goals of this chapter, and implementing a county's or city's future rests with that community.

(2) The council shall consist of the following members:

(a) Four directors of state agencies and departments, appointed by the Governor from recommendations by the cabinet coordinating committee, and the commissioner of public lands;

(b) Two elected city legislative officials, appointed by the governor from nominations made by the association of Washington cities;

(c) Two elected county legislative officials, appointed by the governor from nominations made by the Washington state association of counties; and

(c) Two representatives from Washington state tribes, appointed by the governor from nominations made by tribal councils.

(3) The council shall have the following responsibilities:

(a) Review and comment on state agency policies and rules concerning land use and the environment for consistency with the policies and goals of this title;

(b) Make recommendations to the governor and the legislature on changes to the provisions of this title or other state statutes to further the goals and policies of this chapter;

(c) Review and determine consistency with the goals and purposes of this title rules adopted under a regional decision making process established under section … of this act; and

(d) Implement the essential public facility siting process provided for in Chapter 92.__ (sections xxx through xxx of this act).

NEW SECTION. Sec. ___. Cabinet Coordinating Committee. (1) A cabinet coordinating committee is established and shall serve in an advisory capacity to the governor. The committee shall be composed of the following members, none of whom shall be represented by an official designee:

(a) the secretary of the department of transportation;

(b) the director of the department of agriculture;

(c) the director of the department of community, trade, and economic development;

(d) the director of the office of financial management;

(e) the director of the department of the ecology;

(f) the director of the department of fish and wildlife;

(g) the superintendent of public lands;

(h) the director of the department of general administration;

(i) the secretary of health;

(j) the secretary of social and health services;

(k) the superintendent of public instruction;

(l) the secretary of the department of corrections; and

(m) such other members as the governor may designate.

(2) The governor shall designate one member to serve as chair of the committee.

(3) The committee shall consider and periodically report to the governor on matters related to the orderly growth, development, and redevelopment of the state and the means of coordination among state departments to achieve those ends, consistent with the intent, findings, and goals established in sections 101 through 106 of this act. These matters shall include, but shall not be limited to:

(a) the management and prudent use of the state’s resources, including land, water, air, forest resources, wildlife, and energy;

(b) the efficient and productive utilization of water resources, including watershed management, maintenance of water quality;

(c) the reduction or elimination of long-term risk to people and property from natural hazards;

(d) the location and balanced utilization of and need for airport, highway, public transportation, and bicycle facilities;

(e) the location and need for sewage, wastewater treatment, solid waste disposal, and electrical generating facilities;

(f) the development and location of commerce and industry;

(g) the location of and need for state office buildings, colleges and universities, health, welfare, and correctional institutions, and other state facilities;

(h) the development and location of housing, and the availability of such housing for low-and moderate-income households;

(i) the preservation and efficient utilization of prime agricultural lands; and

(j) mechanisms of cooperation between and among state agencies, and among federal agencies, state agencies, regional agencies, and local governments.

(4) The committee shall meet at least six times during each calendar year.

(5) On September 1 of each year, the committee shall prepare and submit to the governor an annual report of its activities, together with the recommendations for legislative and/or administrative changes it deems desirable. The governor shall review the annual report, and upon approving it, shall transmit the report to the legislature and shall make the report available to the public.

(6) The governor may appoint a planning coordinator who shall supervise the committee professional and clerical staff. The coordinator shall serve at the pleasure of the governor. The staff shall work in cooperation with all federal, state, regional, and local agencies of government, as well as with private organizations and individuals, to obtain all necessary and relevant information for its assignments. In addition to the committee staff, the committee shall be assisted by staff designated by each participating department or agency.

NEW SECTION. Sec. Duties of cabinet coordinating committee. The cabinet coordinating committee shall have the following functions and duties:

(1) Planning. The cabinet coordinating committee shall:

(a) prepare plans for the state pursuant to ___;

(b) coordinate the plans and programs of all departments, divisions, bureaus, and agencies of state government;

(c) harmonize its planning activities with the planning activities of regional agencies and local governments;

(d) provide technical assistance in planning to regional agencies and local governments;

(e) cooperate with and assist units of the federal government in the execution of their planning functions in order to harmonize their planning activities with the plans for the state as described in sections ___;

(f) conduct, as necessary, special studies and undertake research;

(g) establish the list of state essential public facilities; and

(h) participate in national, interstate, and regional planning programs.

(2) Administration, education, and training. The cabinet coordinating committee shall:

(a) administer federal and state grant-in-aid programs assigned to the cabinet coordinating committee by statute or executive order;

(b) coordinate state programs with the federal government;

(c) engage in a program of public information and communication regarding its activities;

(d) establish and maintain a statewide program to ensure widespread public participation in state-supported planning programs;

(e) contract with, as necessary, private or nonprofit organizations for assistance in consensus-building in connection with any activity undertaken by the cabinet coordinating committee;

(f) publish annually a compilation of all state laws and administrative rules related to planning;

(g) provide education and training programs in planning and related topics to employees of state, regional, and local agencies and to elected and appointed officials; and

(h) perform such other duties, regardless of function, as the governor may assign.

(3) Information gathering and forecasting. The cabinet coordinating committee shall:

(a) gather, tabulate, analyze, and periodically publish information and reports on the location and pace of development throughout the state, including, but not limited to population, housing, economic, and building permit data;

(b) coordinate a computerized geographic information system in support of state, regional, and local planning and management activities;

(c) annually estimate the resident population for the state and local governments; and

(d) prepare, at least twice in each decade, a [20]-year population forecast in [5]-year intervals for the state and local governments.

(4) Implementation. The cabinet coordinating committee shall:

(a) prepare the state capital budget and state capital improvement program pursuant to Section ___;

(c) administer the areas of critical state concern program pursuant to Section ___;

(d) administer the development of regional impact program pursuant to Section ___; and

(e) initiate programs of dispute resolution.

NEW SECTION. Sec. Purpose. The purpose of sections ___ through ___ of this chapter is to provide a coordinated decision-making process for issues of greater than local concern that require resolution between multiple parties. The coordinated decision-making process is intended to encourage shared governance between the state government and local governments. It is designed to ensure that state interests in environmental and land-use matters are discussed and negotiated in a coordinated fashion. It is also designed to ensure that when local governments cannot make timely and consensus decisions that a default decision-maker has been designated. State government should work to develop incentives to ensure that coordinated decision-making is a successful method for resolving complex environmental and land-use issues.

The process can be used by local governments for setting policies and regulations or for negotiating issues related to projects and siting essential public facilities.

The coordianted decision-making process can also be used to develop standards, guidelines, or rules to replace state standards, guidelines, or rules for the subject matters identified in section ___ of this act. Rules developed through this process shall be adopted with state participation consistent with the requirements of this chapter and with the Administrative Procedures Act.

A local government may initiate an alternative coordinated decision-making process. An alternative process shall provide a mechanism for state agencies and tribes to provide input and guidance to local governments during the coordinated decision-making process.

(a) Critical areas regulated under chapter 36.70A RCW;

(b) Total maximum daily loads under the federal clean water act;

(c) ;and

(d) .

(2) A management board may be established by:

(a) A county-wide planning policy adopted pursuant to chapter 36.70A RCW;

(b) Agreement of the participants in a regional transportation planning organization established pursuant to chapter 47.80 RCW; or

(c) The procedures provided in subsection (3) of this section.

(3)(a) A management board shall consist of:

(i) One county commissioner or councilmember or designee from each participating county selected by each county legislative authority;

(ii) One member representing the cities contained within each county as a voting member selected by the cities;

(iii) a representative of each recognized Tribe appointed by the tribe; and

(iv) a representative of state agencies.

(b) The board shall appoint and consult a technical advisory committee, which shall include representatives of appropriate state agencies. The board may also appoint additional persons to the technical advisory committee as needed. The chair of the board shall be selected from among the elected officials on the board. In making appointments under this subsection, the county commissioners shall consider recommendations of interested parties. Vacancies shall be filled in the same manner as the original appointments were selected. No action may be brought or maintained against any management board member, the management board, or any of its agents, officers, or employees for any noncontractual acts or omissions in carrying out the purposes of this section.

(4) The convening authority shall establish the duties and responsibilities of the management board.

NEW SECTION. Sec. ___. A new section is added to chapter 43.21C to read as follows:

In determining whether mitigation measures, including reasonable alternatives to the proposal, should be studied, and in determining the scope of such studies, the lead agency should be governed by the rule of reason as explicated by the Washington courts. In general, the greater the scale of a project and the more significant its impacts, the broader the range of alternatives that should be studied and the more deeply the impacts should be analyzed. For proposals modest in scale and impact, a study of potential means of mitigating the adverse environmental impacts generally would be sufficient.

NEW SECTION. Sec. ___. A new section is added to chapter 43.21C RCW to read as follows:

(1) The applicant for a proposed project action shall prepare a project permit environmental checklist (environmental checklist) provided for by rule adopted pursuant to RCW 43.21C.110(1). The applicant shall provide the following information in the environmental checklist:

(a) Identify the probable adverse environmental impacts of the proposal; and

(b) Identify, to the extent practicable for the applicant, for each probable adverse environmental impact identified under (a) of this subsection:

(i) Existing documents prepared pursuant to this chapter, chapter 36.70A RCW, and other local, state, and federal laws that examine some or all of the probable adverse environmental impacts of the proposal;

(ii) Local, state, or federal regulatory processes through which the proposal's probable adverse environmental impacts will be analyzed and addressed; and

(iii) Any measures that the applicant proposes in order to mitigate those probable adverse environmental impacts.

(2) Based on the information provided in the environmental checklist and any additional information relied upon by the lead agency, the lead agency shall issue a preliminary environmental assessment that:

(a) Lists the probable adverse environmental impacts of the proposal that are identified in the environmental checklist or that are identified by the lead agency based upon its independent evaluation of the proposal.

(b) Identifies existing documents prepared pursuant to this chapter, chapter 36.70A RCW, and other local, state, and federal laws that examine some or all of the proposal’s probable adverse environmental impacts;

(c) Identifies the regulatory processes through which the proposal's probable adverse environmental impacts will be analyzed and addressed;

(d) Identifies any studies the lead agency tentatively believes may be necessary under this chapter;

(e) Identifies any mitigation, including alternatives, that the applicant proposes to implement or that the lead agency preliminarily believes may be appropriate, reasonable, and capable of being accomplished; and

(f) Invites comment on the preliminary environmental assessment.

(3) The lead agency shall give notice of the preliminary environmental assessment as follows:

(a) A lead agency that is a local government planning under RCW 36.70A.040 shall issue the preliminary environmental assessment with the notice of application required by RCW 36.70B.110. If the lead agency is also the proponent of a project, it may provide notice that is consistent with RCW 36.70B.110(4) before it submits an application for a project permit;

(b) A lead agency that is not a local government planning under RCW 36.70A.040 shall give notice of the preliminary environmental assessment in a manner that is consistent with RCW 36.70B.110(4); and

(c) The lead agency shall give notice of the preliminary environmental assessment to agencies with jurisdiction, the department of ecology, affected tribes, and each local agency or political subdivision whose public services would be changed as a result of implementation of the project.

(4) The lead agency shall accept comments on the preliminary environmental assessment for fourteen days after the notice of the preliminary environmental assessment has been issued. The comment period shall be extended to twenty-eight days if a written request for an extension is received within the initial fourteen day period. The lead agency also shall accept and review comments received after the close of the comment period but before the agency makes its environmental assessment.

(5) After considering the comments received in response to the preliminary environmental assessment, the lead agency shall issue an environmental assessment that:

(iv) The applicant has agreed to modify the proposal in order to avoid or mitigate the impacts;

(ii) A person other than the applicant may challenge the lead agency’s decision not to impose mitigation pursuant to the agency’s standards for administrative review of its decisions to condition or deny.

(10) Judicial Review. (i) Except as otherwise specifically provided in this in (ii) of this subsection, judicial review under this chapter shall be of the governmental action together with its accompanying environmental determinations.

(ii) The applicant for a permit, prior to the governmental action on the permit application, may seek judicial review of the determination that environmental documents prepared pursuant to an environmental assessment made under subsection (5)(c) of this section do not adequately analyze and address the significant adverse environmental impacts required to be studied.

    NEW SECTION.  Sec. ___. (1) In addition to the authority provided in RCW 43.21C.110(1), the department shall adopt and amend rules and procedures that provide for more appropriately detailed environmental impact analysis of comprehensive plans, subarea plans and implementing development regulations adopted or amended by those jurisdictions planning under RCW 36.70A.040 in order to implement and achieve the goals and purposes underlying RCW 43.21C.240. The rules and procedures shall provide for more detailed environmental analysis of such nonproject actions that:

(a) Identifies and emphasizes system-wide, area-wide, and cumulative impacts, including impacts to critical areas, endangered or threatened species habitats, watersheds, water quality, ground water movement, air quality, shorelines, historic and cultural resources, utilities, transportation, and public services;

(b) Identifies the choices and tradeoffs made in the adoption and implementation of plans and regulations in terms of their impacts on the environment, required mitigation, levels of service, and rates of growth;

(c) Is sufficient to provide an environmental baseline for project review so as to limit project review to those project specific impacts that were neither analyzed nor reasonably anticipated during adoption of the plans and regulations; and

(d) Allows for the analysis to be prepared as a separate document, as a separate element of the plan or regulation, or integrated into the elements or provisions of the plan or regulation.

(2) The rules and procedures shall be jointly developed with the department of community, trade, and economic development and shall apply only to comprehensive plans, subarea plans, and development regulations adopted or amended, or required to be adopted or amended, after the effective date of the rules adopted under this section.

(a) [state agencies]

(b) [counties]

(c) [cities]

(d) [special purpose districts].

(2) An application for the siting of the following essential public facilities shall be filed with the board.

(a) A correctional facility operated by the department of corrections;

(b) A correctional facility operated by the department of social and health services;

(c) A new campus or new branch campus of a state community college, college, or university;

(d) Any other state owned or operated facility directed by the legislature either by statute or in an appropriation item to be heard by the board.

(3) The board shall also have jurisdiction to resolve disputes over the siting of other essential public facilities through the process established by sections __ through __ of this act.

(1) That the local government has not made a decision on the application within the time required by chapter 36.70B RCW;

(2) That the local government has not adopted procedures relating to the siting of essential public facilities under chapter 36.70A RCW;

(3) That the proposal will result in an undue concentration of a particular type of development in one community or area; or

(4) That the project will have impacts on and benefits to more than one county or city, although the proposal will be located entirely or almost entirely within the boundaries of a single local government.

NEW SECTION. Sec. __. A county or city may provide a procedure for enforcment by third parties of conditions imposed by the local government on development permits issued pursuant to chapter 36.70B or substantial development permits issued pursuant to chapter 90.58 RCW. The procedure shall include at least the following requirements:

(1) An aggrieved person must file a written complaint with the city or county alleging a violation stating the basis for the complaint. A copy of the complaint shall be mailed to the property owner.

(2) If the county or city decides not to take enforcement within twenty-eight days after the complaint is filed, it shall notify the person filing the complaint and the property owner and shall schedule a hearing on the complaint before a hearing examiner for not later than twenty-eight days after the decision.

(3) The hearing examiner shall issue a decision within fourteen days after the hearing. The hearing examiner may in the decision, impose on the nonprevailing party the costs and expenses of the proceeding, including reasonable attorneys fees and costs of both the prevailing party and the city or county.