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2013 Senate Bill 5399: Addressing the timing of penalties under the growth management act
Introduced by Sen. Bruce Dammeier (Puyallup) (R) on January 29, 2013
Modifies the Growth Management Act to prohibit state agencies, commissions or governing boards from penalizing a jurisdiction in any way during a period of remand unless a determination of invalidity of its proposed plan has been issued, or if an appeal is pending. This act also authorizes a county, city or town to request grants or loans for public works projects and pollution control projects once a comprehensive plan and development regulations have been adopted. (See also HB 1401).   Official Text and Analysis.
Referred to the Senate Government Operations Committee on January 29, 2013
Substitute offered in the Senate on February 19, 2013
Clarifies that if GMHB determines that the action by a local jurisdiction is invalid, the jurisdiction is not eligible to receive state loans and grants. Clarifies the conditions that the jurisdiction must meet to be eligible for the state loans and grants. Establishes that the jurisdiction must, within 30 days of GMHB’s decision, delay the effective date of the petitioned action.
Referred to the Senate Rules Committee on February 20, 2013
Makes a number of changes to the Growth Management Act relating to: appeals to the Growth Management Hearing Board; public facility grants and loans awarded by state agencies, and associated preferences for local governments that have adopted required comprehensive plans and development regulations; and planning jurisdictions.
Received in the House on March 7, 2013
Referred to the House Local Government Committee on March 7, 2013
Referred to the House Rules Committee on April 1, 2013
Amendment offered by Rep. Joe Fitzgibbon (West Seattle) (D) on April 15, 2013
Strikes the underlying bill and deletes an amendatory provision specifying that local governments that have adopted comprehensive plans and development regulations under the Growth Management Act (GMA) may request a grant or loan for public works projects funded by the Public Works Board (Board); (2) specifies that a county or city that fully plans under the GMA may apply for and receive financial assistance for public works projects funded by the Board (rather than is not prohibited from receiving a loan or loan guarantee for projects funded by the Board) if required comprehensive plans and development regulations are adopted before executing a contractual agreement for the assistance with the Board; (3) changes public works funding-related references from "loans," "loan guarantees," and "pledges" to "financial assistance"; and (4) makes technical changes.
The amendment passed by voice vote in the House on April 15, 2013
Prohibits state entities from determining counties, cities, and towns meeting specified criteria to be ineligible or otherwise penalized in the acceptance of applications or the awarding of state agency grants during a period of remand following a finding of noncompliance by the Growth Management Hearings Board (Board), or during the pendency of an appeal before the Board or a subsequent judicial appeal. Makes counties, cities, and towns that have comprehensive plans or development regulations on appeal to the Board and that meet other requirements eligible for state agency grants and loans during the pendency of an appeal to the Board or during subsequent judicial appeals. Modifies grant and loan qualifications for counties, cities, and towns seeking financial assistance from the Public Works Assistance Account and for water pollution control facilities.
Received in the Senate on April 23, 2013
Specifies that, unless GMHB makes a determination of invalidity, state agencies, commissions, and governing boards may not penalize jurisdictions during the period of remand following a finding of noncompliance by GMHB and the pendency of an appeal before GMHB or subsequent judicial appeals. In order to not be penalized, jurisdictions must meet certain criteria. If a comprehensive plan, development regulation, or an amendment is appealed to GMHB and has not yet taken effect, the local jurisdiction may not be deemed ineligible, or otherwise penalized, in the award of a state agency grant or loan during the pendency of the appeal before GMHB or during any subsequent judicial appeals. During these appeals, state agencies must accept an otherwise eligible application for a state grant or loan. Whenever a state agency is considering awarding grants or loans for public facilities to a special district requesting funding for a proposed facility located in a planning jurisdiction, the agency must apply these provisions. For purposes of public facility loans or grants awarded by state agencies, and associated preferences for local governments that adopt required comprehensive plans and development regulations, a local government is deemed to have satisfied its adoption requirements if the local government adopts or adopted a comprehensive plan and development regulations before the state agency makes a decision regarding award recipients of loans or grants.
Motion in the Senate on April 23, 2013
To concur with House amendment(s).
The motion passed by voice vote in the Senate on April 23, 2013
Signed by Gov. Jay Inslee on May 16, 2013