(1) Requirements. Each comprehensive plan shall include a climate change and resiliency element ("climate element") designed to, where applicable, result in reductions in overall greenhouse gas emissions and that must enhance resiliency to and avoid the adverse impacts of climate change, which must include efforts to reduce localized greenhouse gas emissions and avoid creating or worsening localized climate impacts to vulnerable populations and overburdened communities. The climate element is composed of one or both of the following subelements depending on applicability:

(a) A greenhouse gas emissions reduction subelement;

(b) A resiliency subelement.

(2) Applicability. The following table includes fully planning counties and cities that must update their comprehensive plans to include climate goals and policies as described in this chapter based on the following criteria: 2021 population per office of financial management as updated, population density, and geographic location. Counties and cities must also update their transportation and land use elements, WAC 365-196-430, Transportation element, and WAC 365-196-405, Land use element, as set forth in chapter 228, Laws of 2023, as noted in this table. For smaller counties and cities: If the population of a county increases to 20,000 as determined by office of financial management or if a city population increases to 6,000 in the future, then this table will not accurately reflect all applicable amendments for your jurisdiction. If so, refer to RCW 36.70A.095 (chapter 228, Laws of 2023).

(a) The greenhouse gas emissions reduction subelement of the climate element is mandatory for the counties and cities specified in RCW 36.70A.095 and encouraged for all others, including those planning under RCW 36.70A.040 and those planning under chapter 36.70 RCW. The resiliency subelement of the climate element is mandatory for all counties and cities planning under RCW 36.70A.040 and is encouraged for those planning under chapter 36.70 RCW.

(b) The requirements of the greenhouse gas emissions reduction subelement of the climate element set forth in RCW 36.70A.070(9) apply only to those counties that are required or that choose to plan under RCW 36.70A.040 and that also meet either of the criteria set forth in (i), (ii), or (iii) of this subsection on or after April 1, 2021, and the cities with populations greater than 6,000 as of April 1, 2021, within those counties:

(i) A county with a population density of at least 100 people per square mile and a population of at least 200,000;

(ii) A county bordering on the Columbia and Snake rivers with a population density of at least 75 people per square mile and an annual growth rate of at least 1.65 percent; or

(iii) A county located to the west of the crest of the Cascade mountains with a population of at least 130,000.

(c) The requirements of RCW 36.70A.095(2) relating to the transportation element apply only to:

(i) Counties and cities that meet the population criteria set forth in this subsection; and

(ii) Cities with populations of 6,000 or greater as of April 1, 2021, that are located in a county that is required or chooses to plan under RCW 36.70A.040.

(d) The requirements of RCW 36.70A.095(3) relating to the land use element apply only to:

(i) Counties and cities that meet the population criteria set forth in this subsection and (c) of this subsection; and

(ii) Counties that have a population of 20,000 or greater as of April 1, 2021, and that are required or that choose to plan under RCW 36.70A.040.

See conditions of applicability in RCW 36.70A.095.

(3) The resiliency subelement. The resiliency subelement must equitably enhance resiliency to, and avoid or substantially reduce the adverse impacts of, climate change in human communities and ecological systems through goals, policies, and programs consistent with the best available science as described in chapter 365-195 WAC and scientifically credible climate projections and impact scenarios that moderate or avoid harm, enhance the resiliency of natural and human systems, and enhance beneficial opportunities. The resiliency subelement must prioritize actions that benefit overburdened communities that will disproportionately suffer from compounding environmental impacts and will be most impacted by natural hazards due to climate change.

(a) Specific goals, policies, and programs of the resiliency subelement must include, but are not limited to, those designed to:

(i) Identify, protect, and enhance natural areas to foster resiliency to climate impacts, as well as areas of vital habitat for safe passage and species migration;

(ii) Identify, protect, and enhance community resiliency to climate change impacts, including social, economic, and built environment factors, that support adaptation to climate impacts consistent with environmental justice; and

(iii) Address areas at high risk for climate-aggravated or climate-created natural hazards, including sea level rise, landslides, flooding, drought, heat, smoke, wildfire, and other effects of changes to temperature and precipitation patterns. Sea level rise provisions are also subject to the requirements of RCW 90.58.630.

(b) A natural hazard mitigation plan or similar plan that is guided by RCW 36.70A.020(14) that prioritizes actions that benefit overburdened communities, and that complies with the applicable requirements of chapter 36.70 RCW, including the requirements set forth in RCW 36.70A.070 (9)(e), may be adopted by reference to satisfy these requirements, except that to the extent any of the substantive requirements of RCW 36.70A.070 (9)(e) are not addressed, or are inadequately addressed, in the referenced natural hazard mitigation plan, a county or city must supplement the natural hazard mitigation plan accordingly so that the adopted resiliency subelement complies fully with the substantive requirements of RCW 36.70A.070 (9)(e).

(c) Implementation schedule and extensions.

(i) If a county or city intends to adopt by reference a federal emergency management agency natural hazard mitigation plan in order to meet all or part of the substantive requirements set forth in RCW 36.70A.070 (9)(e), and the most recently adopted federal emergency management agency natural hazard mitigation plan does not comply with the requirements of RCW 36.70A.070 (9)(e), the department may grant the county or city an extension of time in which to submit a natural hazard mitigation plan.

(ii) Eligibility for an extension under this subsection prior to July 1, 2027, is limited to a city or county required to review and, if needed, revise its comprehensive plan on or before June 30, 2025, as provided in RCW 36.70A.130, or for a city or county with an existing, unexpired federal emergency management agency natural hazard mitigation plan scheduled to expire before December 31, 2024.

(iii) Extension requests after July 1, 2027, may be granted if requirements for the resiliency subelement are amended or added by the legislature or if the department finds other circumstances that may result in a potential finding of noncompliance with a jurisdiction's existing and approved federal emergency management agency natural hazard mitigation plan.

(iv) A city or county that wishes to request an extension of time must submit a request in writing to the department no later than 60 days before the date on which the city or county is required to review and, if needed, revise its comprehensive plan as provided in RCW 36.70A.130.

(v) Upon the submission of such a request to the department, the county or city may have an additional 48 months from the date provided in RCW 36.70A.130 in which to either adopt by reference an updated federal emergency management agency natural hazard mitigation plan or adopt its own natural hazard mitigation plan, and to then submit that plan to the department.

(vi) The adoption of ordinances, amendments to comprehensive plans, amendments to development regulations, and other nonproject actions taken by a county or city pursuant to RCW 36.70A.070 (9)(d) in order to implement measures specified by the department pursuant to RCW 70A.45.120 are not subject to administrative or judicial appeal under chapter 43.21C RCW.

(4) The greenhouse gas emissions reduction subelement. The greenhouse gas emissions reduction subelement of the comprehensive plan and its related development regulations must identify the actions the jurisdiction will take during the planning cycle, consistent with the guidelines published by the department, pursuant to RCW 70A.45.120.

(a) The greenhouse gas subelement will identify actions that will:

(i) Result in reductions in overall greenhouse gas emissions generated by transportation and land use within the jurisdiction but without increasing greenhouse gas emissions elsewhere in the state;

(ii) Result in reductions in per capita vehicle miles traveled within the jurisdiction but without increasing greenhouse gas emissions elsewhere in the state; and

(iii) Prioritize reductions that benefit overburdened communities in order to maximize the co-benefits of reduced air pollution and environmental justice.

(b) Actions not specifically identified in the guidelines developed by the department pursuant to RCW 70A.45.120 may be considered consistent with these guidelines only if:

(i) They are projected to achieve greenhouse gas emissions reductions or per capita vehicle miles traveled reductions equivalent to what would be required of the jurisdiction under the guidelines adopted by the department; and

(ii) They are supported by scientifically credible projections and impact scenarios that indicate their adoption is likely to result in reductions of greenhouse gas emissions or per capita vehicle miles traveled.

(c) A jurisdiction may not restrict population growth or limit population allocation in order to achieve the requirements of RCW 36.70A.070 (9)(d).

(d) The department may not propose or adopt guidelines that include any charge for road usage charge, or any fees or surcharges related to vehicle miles traveled.

(5) Recommendations for both climate subelements. A climate element may take the form of a single chapter or may be a collection of climate goals and policies integrated into other chapters (for example, land use, housing, and transportation elements).

(a) Climate sectors.

(i) The climate resiliency and greenhouse gas emissions reduction subelements should include climate goals and policies that could also be characterized within multiple climate sectors ((A) through (K) below) and as defined by WAC 365-196-210:

(A) Agriculture and food systems;

(B) Built environment and energy;

(C) Cultural resources and practices;

(D) Economic development;

(E) Emergency management;

(F) Health and well-being;

(G) Ecosystems;

(H) Transportation;

(I) Waste management;

(J) Water resources;

(K) Zoning;

(b) Climate goals and policies (measures).

(i) This section describes each climate subelement individually. However, a county or city may choose to integrate climate element goals and policies (measures) throughout the other mandatory GMA elements, as climate measures typically address multiple co-benefits within the realm of control of a county or city.

(ii) Resiliency subelement goals and policies should:

(A) Address each natural hazard aggravated by climate change that is relevant to a county or city, based on the science-based assessment of climate impacts prescribed in RCW 36.70A.070 (9)(e)(i)(C).

(B) Address all applicable climate sectors prescribed in subsection (2) of this section. This will help ensure that the collective goals and policies enhance beneficial opportunities as well as address important areas that may not be included elsewhere in a county's or city's comprehensive plan or hazard mitigation plan.

(iii) GHG emission reduction subelement goals and policies should:

(A) Include goals and policies within the following three climate sectors prescribed in (a)(i)(B), (H), and (K) of this subsection: Built environment and energy; transportation; and zoning. This will ensure that the collective goals and policies address the climate sectors that generate the largest share of emissions in Washington, minimize emissions from natural sources, and protect and enhance natural carbon sinks. Based on the county's or city's greenhouse gas emission estimate or inventory, the jurisdiction's goals and policies may also be within additional sectors such as ecosystems, waste management, and water resources.

(B) GHG emissions reduction goals and policies equivalent to what is required under RCW 36.70A.070 (9)(d) shall be included to reduce GHG emissions and per capita vehicle miles traveled. For the purpose of this section, "equivalent" means goals and policies that:

(I) Are projected to achieve greenhouse gas emissions reductions or per capita vehicle miles traveled reductions equivalent to what would be required of the jurisdiction under the guidelines adopted by the department; and

(II) Are supported by scientifically credible projections and scenarios that indicate their adoption is likely to result in reductions of greenhouse gas emissions or per capita vehicle miles traveled.

(6) Recommendations for meeting the requirements of the resilience subelement.

(a) Planning process. Counties and cities that plan under RCW 36.70A.040 must create a climate resilience subelement and then review and revise it at least once every 10-year comprehensive plan periodic update cycle, based on best available science and scientifically credible climate projections per subsection (3) of this section. A natural hazard mitigation plan may be adopted by reference to satisfy the resilience subelement minimum requirements. To meet the requirements, it is recommended to document and utilize the following process:

(i) Step 1: Explore local climate impacts using mapping tools or similar resources, such as the University of Washington's Climate Mapping for a Resilient Washington tool. Supplement the tool, as needed, with more precise climate impact data as available.

(ii) Step 2: Review existing plans and policies adopted by the county or city to identify climate resilience policy gaps, barriers, and opportunities. Conclude this step by determining whether to proceed directly to Step 3 or skip to Step 4, as a climate vulnerability and risk assessment may not be necessary for every county or city.

(iii) Step 3: Conduct a vulnerability and risk assessment to identify assets with the highest relative climate vulnerability and risk. This information can help prioritize and tailor measures for a hazard mitigation plan, a comprehensive plan and subsequent development regulations, or shoreline master program provisions.

(iv) Step 4: Pursue an individual pathway, or a combination of pathways within this section and within the department's climate planning guidance to select goals and policies that build climate resilience. Pathways include:

(A) Pathway 1 - Utilize or revise existing comprehensive plan goals and policies;

(B) Pathway 2 - Develop new goals and policies utilizing the department's guidance; and

(C) Pathway 3 - Update a hazard mitigation plan in accordance with 44 C.F.R., Part 201 (2022 as amended) and adopt it, by reference, in the comprehensive plan.

(v) Step 5: Amend a comprehensive plan with new or adapted goals and policies. If a county or city decides to integrate climate resilience goals and policies in other elements, rather than within a single climate chapter, then the county or city should include an index of the location of the full suite of climate resilience policies when submitting its plan for the department's review.

(b) Hazard mitigation plans that FEMA has approved as meeting the regulations in 44 C.F.R., Part 201.6, including meeting the minimum requirements for approval according to FEMA's current Local Mitigation Planning Policy.

(i) If a county's or city's hazard mitigation plan is adopted by reference in the comprehensive plan but does not address all the minimum requirements prescribed in subsection (3)(a) of this section, the county or city must address those unmet requirements via supplemental goals and policies in its comprehensive plan.

(ii) Similarly, if a county's or city's hazard mitigation plan is adopted by reference in the comprehensive plan but does not address all of the climate sectors prescribed in subsection (5)(a)(i) of this section and all relevant natural hazards in subsection (3)(a) of this section, the county or city should address those sector gaps with supplemental measures in its comprehensive plan.

(7) Recommendations for meeting the GHG emissions reduction subelement requirements. Planning process. Counties and cities that meet any of the criteria in subsection (2)(b) of this section must create a greenhouse gas emissions reduction subelement and revise it every comprehensive plan periodic update cycle, based on updated emissions data for the county or city's geographic area and other information. The department recommends the following process:

(a) Step 1: Select a pathway within this section to reduce greenhouse gas emissions and per capita vehicle miles traveled within the county or city's geographic area. Counties and cities should take into account: The availability of local data; staff and budget capacity; whether they are subject to any of the criteria in subsection (2)(b) of this section; and, whether they plan to seek the department's approval per RCW 36.70A.096.

(i) Pathway 1: Counties and cities that wish to voluntarily create a greenhouse gas emissions reduction subelement, and that are not subject to any of the criteria in subsection (2)(b) of this section may ground their choices for reduction measures by conducting an estimate of greenhouse gas emissions in combination with a study of per capita vehicle miles traveled.

(ii) Pathway 2: Counties and cities that are required to create a greenhouse gas emissions reduction subelement and that are subject to any of the criteria in subsection (2)(b) of this section should conduct an inventory of local greenhouse gas emissions. This inventory will include all emission sources, including VMT.

(b) Step 2: Determine the scope, scale, and approach for measuring emissions and per capita vehicle miles traveled within the county's or city's geographic area, as per the selected pathway.

(c) Step 3: Gather sector-specific data, particularly transportation, energy, and buildings, as per the selected pathway and its methodology described in the department's guidance.

(d) Step 4: Calculate emissions based on the data gathered and include a summary table of the data within the comprehensive plan element. This summary table should provide a baseline for tracking progress of reduction measures and establish a record that can be updated for five-year periodic reporting. For those counties and cities required to create a greenhouse gas emissions subelement, set an emissions baseline of 2022 and develop incremental emission-reduction targets toward reaching net-zero emissions by 2050, commensurate with Washington's statewide target, as per RCW 70A.45.020 (1)(c).

(e) Step 5: Select a complimentary set of comprehensive plan goals and policies that combined will:

(i) Achieve incremental and 2050 emissions targets; and

(ii) Reduce per capita vehicle miles traveled. Counties and cities should work with their transportation planning organization to set targets for reducing per capita vehicle miles traveled.

(iii) Select GHG emission-reduction goals and policies from the model policies published with the department's guidance. If a county or city adopts comprehensive plan policies that are not consistent with the department's model measures, then the county or city should use a science-based emissions inventory and carbon wedge analysis to demonstrate that its collective goals and policies are projected to achieve greenhouse gas reductions and protect and enhance natural carbon sinks equivalent to what would be achieved under the department's guidelines, per subsection (4) of this section.

(f) Step 6: Amend the comprehensive plan with new or adapted climate goals and policies. If a county or city decides to integrate greenhouse gas emission reduction goals and policies in other elements rather than within a single climate chapter, then the county or city should provide an index of the location of the full suite of climate measures in a memo when submitting its plans for the department's review. The county and city should preserve the memo as a record of adoption.

(g) Step 7: Evaluate progress at least every five years toward adopted emissions targets, as prescribed in subsection (4) of this section.

(i) Track greenhouse gas emissions and vehicle miles traveled on a total and per capita basis so that emissions reduction is not masked by population growth.

(ii) For the climate measures that provide qualitative benefits, and cannot practically be measured quantitatively, the county or city may report progress on its efforts to advance adopted policies such as updating development regulations, zoning, and engineering design and development standards. Best practices are available in the department's guidance.

(8) Implementation progress reports.

(a) Where applicable, a county or city must prepare an implementation progress report every five years in accordance with the schedule described in RCW 36.70A.130, which is generally five years after the adoption of their comprehensive plan. The implementation progress report as described in RCW 36.70A.130(9) must include progress reports on the county's or city's implementation of several GMA elements. This section will focus on the mandatory reporting for the climate element.

(b) In addressing progress on climate measures, a county or city should include a list of climate measures by climate sector that demonstrate consistency with the climate element requirements of this chapter and what progress has been achieved in five years.

(c) If the county or city is required to include a greenhouse gas emissions element per subsection (2) of this section and required to provide an implementation progress report per RCW 36.70A.130(9), then the report shall include the quantified progress on greenhouse gas emissions and vehicle miles traveled reductions per capita within the jurisdiction.

(d) If the county or city is required to include a greenhouse gas emissions element per subsection (2) of this section and required to provide an implementation progress report per RCW 36.70A.130(9), then the report shall include a list of measures that support the reductions.

(9) Approval of local greenhouse gas emissions reduction subelement.

(a) Counties and cities that are subject to any of the criteria in subsection (2)(b)(i) through (iii) of this section may seek the department's approval of their subelement. This process is voluntary.

(i) A county or city voluntarily seeking the department's approval of the greenhouse gas emissions reduction subelement must utilize an emissions inventory to select goals and policies that at a minimum satisfy requirements prescribed in subsection (2) of this section.

(ii) Counties and cities seeking the department's approval of their subelement should adopt goals and policies similar to the model goals and policies published by the department, that are within the following three climate sectors, at a minimum:

(A) Transportation;

(B) Built environment and energy; and

(C) Zoning sectors.

(iii) The goals and policies must be within the county's or city's authority to implement and support achieving net-zero emissions by 2050. Such counties or cities should also consider adopting goals and policies from the other sectors, based on a local emissions inventory.

(b) County and city submittal procedure for voluntary review of subelement and time considerations.

(i) Notice of intent (NOI) must be in writing and submitted to the department at least 120 days prior to applying for approval of the subelement.

(ii) An application for approval of a subelement must be within 10 days of taking local action to adopt a greenhouse gas emissions reduction subelement. The adopting ordinance should state that the effective date is upon approval by the department. The application to the department must include the following:

(A) A cover letter from the legislative authority requesting approval;

(B) A copy of the adopted ordinance or resolution for the legislative action to adopt the subelement;

(C) A statement of the goals and policies that are adopted that are consistent with this section, which will demonstrate that the subelement complies with RCW 36.70A.070 (9)(d). The statement must affirm that the subelement includes:

(I) GHG reduction targets;

(II) Goals and policies that will result in overall reductions of GHG emissions and reductions of vehicle miles traveled per capita; and

(III) Goals and policies that are prioritized to benefit overburdened communities.

(D) A copy of the record of actions that the legislative body relied upon in iterative development of the subelement;

(E) A copy of the emissions inventory as described in (b)(i) or (ii) of this subsection as applicable;

(c) Department procedures for review of subelement.

(i) The department will begin reviewing the draft subelement after receipt of the NOI and will advise the county or city of the actions necessary to receive approval.

(ii) The department will approve a proposed greenhouse gas emissions reduction subelement within 180 days of an application unless it determines that the proposed greenhouse gas emissions reduction subelement is not consistent with the policy of RCW 36.70A.070 and, after they are adopted, the applicable guidelines adopted under RCW 70A.45.120.

(iii) The department's final decision to approve or reject the subelement may be appealed as provided in RCW 36.70A.096(6).

(iv) The department's issued decision will state that it is the department's final decision and that there shall be no further modifications by the city or county to the proposed greenhouse gas emissions reduction subelement during the current update cycle. Any modifications by a city or county after the department's final decision will cancel legal protections as provided in RCW 36.70A.280.