Realtor-Sponsored GMA/Planning Bills (HB 1726, HB 1727)

Late this past week, AWC staff concluded discussion with representatives from the Realtors on two of their GMA "do more and better planning" bills. Following weeks of offering suggestions about problems with language in one or another section, their representatives seem to have removed most of the objectionable language.

As of February 23, neither bill appears to significantly change city or county planning requirements under the Growth Management Act. HB 1726 does direct the state Office of Financial Management to more finely craft their population projections used by GMA-planning cities and counties to establish comprehensive plans and development regulations to accommodate 20 years of projected growth. HB 1727 appears to add more language and specificity to what local land use and housing elements of comprehensive plans must include. HB 1727 also provides an optional means of distributing forecasted population within a sub-region that may include one or more counties and/or cities.

Any time language is changed in GMA statutes it is meant to convey something "new," which provides new opportunities for lawyers and others to challenge cities for something being in or out of conformance with the law. These changes result in more work and expense for local governments.

These proposed changes in HB 1726 and HB 1727 apply in all twenty-nine GMA-planning counties and cities. As these bills move through the session, we will continue to seek clarifications about intent and impacts to cities as well as how costs to comply with them will be addressed.

AWC Priority
Standardizing Petition-Method Annexation Processes between Code and Non-Code Cities (SB 5594/HB 2005)

These bills would change from 75% to 60% the amount of assessed value needed by non-code cities seeking annexation using the petition-method. For some long-ago forgotten reason, non-code cities have a higher (75%) threshold than do all other cities (60%). AWC strongly supports this change and appreciates SB 5594 being scheduled for hearing in the Senate Government Operations and Elections Committee on Monday, February 26 at 10 am.

Regulating House-Banked Social Card Games (HB 1477/SB 5558)

These companion bills limit the number of licenses that may be issued for conducting house-banked social card games, grant local jurisdictions limited authority to determine the areas within which house-banked social card games may be conducted, and grandfather existing city moratoriums that limit the number of card rooms. Cities retain the ability to ban gambling establishments.

The courts have been very clear over the last few years – cities may ban or allow gambling and nothing in between. A number of cities have moratoriums in place that would be voided by legal action if SB 5558 or HB 1477 does not pass.

HB 1477 was heard by the House Commerce & Labor Committee on Friday, February 16. AWC testified in support of the legislation. The City of Kenmore opposed the bill because it would rescind their current ban – no other city is impacted in this fashion. AWC continues to meet with the Gambling Commission, gambling representatives and others as we refine the legislation.

We do expect additional changes and the Senate bill is likely to move out of committee soon. House leaders have indicated they will wait for the Senate bill. Please contact Jim Justin, jimj@awcnet.org, if you have any interest in or comments on this legislation.

Elimination of School Impact Fees (HB 2169)

This bill eliminates the authority of GMA-planning cities and counties from imposing and collecting impact fees for school facilities. HB 2169 would leave in place authority to impose and collect impact fees for roads, parks and city fire departments. It is not yet clear what alternative funding would be available to fund school construction. AWC is learning more about this measure and will withhold taking a position until we know more. HB 2169 is scheduled for a hearing in the House Local Government Committee on Monday, February 26 at 8 am.

Adding a New GMA Planning Requirement to Address Energy (SB 5871)

This would require all GMA-planning cities and counties to include an energy element in local comprehensive plans. While this may be a good idea and is likely something several cities do without a mandate, AWC will oppose any new requirements at this time. SB 5871 will be heard in the Senate Government Operations and Elections Committee on Monday, February 26 at 10 am.

Study on Residential Fire Sprinklers (HB 2292)

This bill, supported by AWC, directs the state building code council to form a technical advisory group to research and review policies and procedures for residential fire sprinklers. The goal is to develop a model building code policy for residential fire sprinkler installation and services. HB 2292 requires the state building code council to report the findings of the technical advisory group to the appropriate committees of the Legislature by January 15, 2008. HB 2292 is scheduled for a hearing in the House Local Government Committee on Monday, February 26 at 8 am.