(1) This section defines the procedures used by the department to track and report the status of a county or city with completion of the review and revision requirement under RCW
36.70A.130, and to track any compliance orders issued by the growth management hearings board, or board, as defined under WAC
242-03-030 and established under RCW
36.70A.260.
(2) These procedures assure that the department provides timely and accurate reporting to state agencies regarding a county or city's eligibility for state grants or loans, and it assures that a county or city applicant, and the state agency reviewing grant or loan eligibility, understand the role of the department in this process for determining eligibility for state grants or loans, where applicable.
(3) These procedures are also designed to encourage and enable timely redress of overdue periodic updates or noncompliance issues. To accomplish this, a county or city must be aware of its current status so it may take necessary legislative action to achieve compliance with deadlines or board orders.
(4) Under RCW
36.70A.130(7), the act directs state agencies to consider compliance in the award of state financial assistance from a number of state grant and loan programs as follows:
(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
70A.135 RCW:
(i) Complying with the deadlines in this section; or
(ii) Demonstrating substantial progress towards compliance with the schedules in this section for development regulations that protect critical areas.
(b) A county or city that is fewer than 12 months out of compliance with the schedules in this section for development regulations that protect critical areas is making substantial progress towards compliance. Only those counties and cities in compliance with the schedules in this section may receive preference for grants or loans subject to the provisions of RCW
43.17.250.
(5) Counties and cities must notify the department in writing that the jurisdiction considers the periodic update complete. WAC
365-196-610 (2)(c) provides recommendations on documenting completion of the periodic update, either in whole or in part.
(a) Counties and cities must take legislative action, in the form of an ordinance or resolution, following a public hearing. The ordinance or resolution should clearly state the periodic update required by RCW
36.70A.130 is complete. If a county or city took multiple legislative actions as part of the periodic update process, the final ordinance or resolution should reference all prior legislative actions.
(b) Counties and cities must submit a notice of adoption to the department after taking legislative action on a comprehensive plan or development regulation amendment. The department considers the notice of adoption, required under RCW
36.70A.106(2), along with the final ordinance or resolution documenting the completion of the periodic update, as written notice.
(c) In lieu of an ordinance or resolution clearly stating that the periodic update required by RCW
36.70A.130 is complete, the department may consider a written letter from the mayor, county executive, or chair of the board of county commissioners stating that the periodic update is complete.
(6) The following state grant and loan programs use GMA compliance in the course of awarding state funds under the following programs under RCW
36.70A.130(7):
(b) Centennial clean water fund (department of ecology) under WAC
173-95A-610;
(d) Recreation and conservation office;
(f) Predisaster mitigation grants (emergency management division, Washington military department); and
(g) Water pollution control facilities grants under RCW
70A.135.070.
The department does not determine eligibility for any particular grant or loan program administered by another state agency or board. Eligibility, including the effect of the compliance status of a city or county may have on eligibility, is determined by the state agency authorized to administer a grant or loan program.
(7) As the designated coordinator for state government regarding implementation of chapter
36.70A RCW, the department tracks local government implementation with the act. A state agency may consult with the department in the course of administering its grant and loan program, regarding the status of a county or city progress implementing the act.
(8) The department does not determine compliance by county or city with the provisions of chapter
36.70A RCW.
(a) For completion of the periodic update under RCW
36.70A.130, compliance with the requirement is determined by the county or city. This determination must be in the form of written notice of completion provided by the county or city to the department.
(b) For all other matters, compliance is determined by the board.
(9) For compliance matters related to a board final decision and order, a county or city may avoid being determined ineligible or otherwise penalized in the award of grants or loans during a period of remand by taking action to delay the effective date of a challenged ordinance or resolution as follows:
(a) A county or city may delay the effective date of the action subject to the petition before the board until after the board issues a final determination; or
(b) Within 30 days of receiving notice of a petition for review by the board, a county or city may delay the effective date of the action subject to the petition before the board until after the board issues a final determination.
(c) To avoid a penalty, a county or city must notify the department in writing that it has delayed the effective date of the challenged ordinance. Notice must be accompanied by the board order and a copy of the ordinance or resolution showing the delay to the effective date.
(d) A delay in the effective date will not prevent a determination of ineligibility or other penalty if the board makes a determination of invalidity.
