CERTIFICATION OF ENROLLMENT
SENATE BILL 5225
Chapter 305, Laws of 2021
67th Legislature
2021 Regular Session
DIRECT APPEALS—ADMINISTRATIVE PROCEDURE ACT AND LAND USE PETITION ACT
EFFECTIVE DATE: June 13, 2021—Except for sections 5 and 6, which
take effect July 1, 2026.
Passed by the Senate February 23, CERTIFICATE
2021
Yeas 49 Nays 0 I, Brad Hendrickson, Secretary of
the Senate of the State of
Washington, do hereby certify that
DENNY HECK the attached is SENATE BILL 5225 as
President of the Senate passed by the Senate and the House
of Representatives on the dates
hereon set forth.
Passed by the House April 11, 2021
Yeas 87 Nays 11 BRAD HENDRICKSON
Secretary
LAURIE JINKINS
Speaker of the House of
Representatives
Approved May 13, 2021 11:52 AM FILED
May 13, 2021
Secretary of State
JAY INSLEE State of Washington
Governor of the State of Washington
 SENATE BILL 5225
Passed Legislature - 2021 Regular Session
State of Washington 67th Legislature 2021 Regular Session
By Senators Hunt, Padden, and Pedersen
Read first time 01/14/21. Referred to Committee on Law & Justice.
1 AN ACT Relating to direct appeals to the court of appeals of
2 cases brought under the administrative procedure act and the land use
3 petition act; amending RCW 34.05.518, 34.05.522, 36.18.018,
4 34.05.518, and 34.05.522; adding a new section to chapter 36.70C RCW;
5 providing an effective date; providing expiration dates; and
6 declaring an emergency.
7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
8 NEW SECTION. Sec. 1. A new section is added to chapter 36.70C
9 RCW to read as follows:
10 (1) The superior court may transfer the judicial review of a land
11 use decision to the court of appeals upon finding that all parties
12 have consented to the transfer to the court of appeals and agreed
13 that the judicial review can occur based upon an existing record.
14 Transfer of cases pursuant to this section does not require the
15 filing of a motion for discretionary review with the court of
16 appeals.
17 (2) Upon stipulation and consent to transfer, the parties waive
18 the right to seek an award of attorneys' fees and costs under RCW
19 4.84.370, except as may be awarded following an appeal to the supreme
20 court.
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 1 (3) RCW 36.70C.090 does not apply to a matter transferred to the
2 court of appeals pursuant to this section.
3 (4) This section expires June 30, 2026.
4 Sec. 2. RCW 34.05.518 and 2010 c 211 s 15 are each amended to
5 read as follows:
6 (1) The final decision of an administrative agency in an
7 adjudicative proceeding under this chapter may((, except as otherwise
8 provided in chapter 43.21L RCW,)) be directly reviewed by the court
9 of appeals ((either (a))) upon certification by the superior court
10 pursuant to this section ((or (b) if the final decision is from an
11 environmental board as defined in subsection (3) of this section,
12 upon acceptance by the court of appeals after a certificate of
13 appealability has been filed by the environmental board that rendered
14 the final decision)).
15 (((2) For direct review upon certification by the superior court,
16 an application for direct review must be filed with the superior
17 court within thirty days of the filing of the petition for review in
18 superior court. The superior court may certify a case for direct
19 review only if the judicial review is limited to the record of the
20 agency proceeding and the court finds that:
21 (a) Fundamental and urgent issues affecting the future
22 administrative process or the public interest are involved which
23 require a prompt determination;
24 (b) Delay in obtaining a final and prompt determination of such
25 issues would be detrimental to any party or the public interest;
26 (c) An appeal to the court of appeals would be likely regardless
27 of the determination in superior court; and
28 (d) The appellate court's determination in the proceeding would
29 have significant precedential value.
30 Procedures for certification shall be established by court rule.
31 (3)(a) For the purposes of direct review of final decisions of
32 environmental boards, environmental boards include those boards
33 identified in RCW 43.21B.005 and the growth management hearings board
34 as identified in RCW 36.70A.250.
35 (b) An environmental board may issue a certificate of
36 appealability if it finds that delay in obtaining a final and prompt
37 determination of the issues would be detrimental to any party or the
38 public interest and either:
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 1 (i) Fundamental and urgent statewide or regional issues are
2 raised; or
3 (ii) The proceeding is likely to have significant precedential
4 value.
5 (4) The environmental board shall state in the certificate of
6 appealability which criteria it applied, explain how that criteria
7 was met, and file with the certificate a copy of the final decision.
8 (5) For an appellate court to accept direct review of a final
9 decision of an environmental board, it shall consider the same
10 criteria outlined in subsection (3) of this section, except as
11 otherwise provided in chapter 43.21L RCW.
12 (6) The procedures for direct review of final decisions of
13 environmental boards include:
14 (a) Within thirty days after filing the petition for review with
15 the superior court, a party may file an application for direct review
16 with the superior court and serve the appropriate environmental board
17 and all parties of record. The application shall request the
18 environmental board to file a certificate of appealability.
19 (b) If an issue on review is the jurisdiction of the
20 environmental board, the board may file an application for direct
21 review on that issue.
22 (c) The environmental board shall have thirty days to grant or
23 deny the request for a certificate of appealability and its decision
24 shall be filed with the superior court and served on all parties of
25 record.
26 (d) If a certificate of appealability is issued, the parties
27 shall have fifteen days from the date of service to file a notice of
28 discretionary review in the superior court, and the notice shall
29 include a copy of the certificate of appealability and a copy of the
30 final decision.
31 (e) If the appellate court accepts review, the certificate of
32 appealability shall be transmitted to the court of appeals as part of
33 the certified record.
34 (f) If a certificate of appealability is denied, review shall be
35 by the superior court. The superior court's decision may be appealed
36 to the court of appeals.)) Transfer of cases pursuant to this section
37 does not require the filing of a motion for discretionary review with
38 the court of appeals. The superior court may certify cases for
39 transfer to the court of appeals upon finding that:
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 1 (a) All parties have consented to the transfer to the court of
2 appeals and agreed that the judicial review can occur based upon the
3 agency record developed before the administrative body without
4 supplementing the record pursuant to RCW 34.05.562; or
5 (b) One or more of the parties have not consented to the
6 transfer, but the superior court finds that transfer would serve the
7 interest of justice, would not cause substantial prejudice to any
8 party, including any unrepresented party, and further finds that:
9 (i) The judicial review can occur based upon the agency record
10 developed before the administrative body without supplementing the
11 record pursuant to RCW 34.05.562; or
12 (ii) The superior court has completed any necessary
13 supplementation of the record pursuant to RCW 34.05.562, such that
14 only issues of law remain for determination.
15 (2) If the superior court certifies a final decision of an
16 administrative agency in an adjudicative proceeding, the superior
17 court shall transfer the matter to the court of appeals as a direct
18 appeal.
19 (3) A party contesting a superior court decision granting or
20 denying certification for direct review may file a motion for
21 discretionary review with the court of appeals.
22 Sec. 3. RCW 34.05.522 and 1995 c 382 s 6 are each amended to
23 read as follows:
24 The court of appeals may refuse to accept direct review of a case
25 pursuant to RCW 34.05.518 if it finds that the case does not meet the
26 applicable standard in RCW 34.05.518 (((2) or (5))). ((Rules of
27 Appellate Procedure 2.3 do not apply in this instance.)) The refusal
28 to accept such review is not subject to further appellate review,
29 notwithstanding anything in Rule 13.3 of the Rules of Appellate
30 Procedure to the contrary.
31 Sec. 4. RCW 36.18.018 and 2017 3rd sp.s. c 2 s 2 are each
32 amended to read as follows:
33 (1) State revenue collected by county clerks under subsection (2)
34 of this section must be transmitted to the appropriate state court.
35 The administrative office of the courts shall retain fees collected
36 under subsection (3) of this section.
37 (2) For appellate review under RAP 5.1(b), two hundred fifty
38 dollars must be charged, except that no fee may be charged under this
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 1 section for a case transferred from the superior court to the court
2 of appeals pursuant to RCW 34.05.518 or section 1 of this act.
3 (3) For all copies and reports produced by the administrative
4 office of the courts as permitted under RCW 2.68.020 and supreme
5 court policy, a variable fee must be charged.
6 (4) Until July 1, 2021, in addition to the fee established under
7 subsection (2) of this section, a surcharge of forty dollars is
8 established for appellate review. The county clerk shall transmit
9 seventy-five percent of this surcharge to the state treasurer for
10 deposit in the judicial stabilization trust account and twenty-five
11 percent must be retained by the county.
12 Sec. 5. RCW 34.05.518 and 2010 c 211 s 15 are each amended to
13 read as follows:
14 (1) The final decision of an administrative agency in an
15 adjudicative proceeding under this chapter may((, except as otherwise
16 provided in chapter 43.21L RCW,)) be directly reviewed by the court
17 of appeals either (a) upon certification by the superior court
18 pursuant to this section or (b) if the final decision is from an
19 environmental board as defined in subsection (3) of this section,
20 upon acceptance by the court of appeals after a certificate of
21 appealability has been filed by the environmental board that rendered
22 the final decision.
23 (2) For direct review upon certification by the superior court,
24 an application for direct review must be filed with the superior
25 court within thirty days of the filing of the petition for review in
26 superior court. The superior court may certify a case for direct
27 review only if the judicial review is limited to the record of the
28 agency proceeding and the court finds that:
29 (a) Fundamental and urgent issues affecting the future
30 administrative process or the public interest are involved which
31 require a prompt determination;
32 (b) Delay in obtaining a final and prompt determination of such
33 issues would be detrimental to any party or the public interest;
34 (c) An appeal to the court of appeals would be likely regardless
35 of the determination in superior court; and
36 (d) The appellate court's determination in the proceeding would
37 have significant precedential value.
38 Procedures for certification shall be established by court rule.
p. 5 SB 5225.SL
 1 (3)(a) For the purposes of direct review of final decisions of
2 environmental boards, environmental boards include those boards
3 identified in RCW 43.21B.005 and the growth management hearings board
4 as identified in RCW 36.70A.250.
5 (b) An environmental board may issue a certificate of
6 appealability if it finds that delay in obtaining a final and prompt
7 determination of the issues would be detrimental to any party or the
8 public interest and either:
9 (i) Fundamental and urgent statewide or regional issues are
10 raised; or
11 (ii) The proceeding is likely to have significant precedential
12 value.
13 (4) The environmental board shall state in the certificate of
14 appealability which criteria it applied, explain how that criteria
15 was met, and file with the certificate a copy of the final decision.
16 (5) For an appellate court to accept direct review of a final
17 decision of an environmental board, it shall consider the same
18 criteria outlined in subsection (3) of this section((, except as
19 otherwise provided in chapter 43.21L RCW)).
20 (6) The procedures for direct review of final decisions of
21 environmental boards include:
22 (a) Within thirty days after filing the petition for review with
23 the superior court, a party may file an application for direct review
24 with the superior court and serve the appropriate environmental board
25 and all parties of record. The application shall request the
26 environmental board to file a certificate of appealability.
27 (b) If an issue on review is the jurisdiction of the
28 environmental board, the board may file an application for direct
29 review on that issue.
30 (c) The environmental board shall have thirty days to grant or
31 deny the request for a certificate of appealability and its decision
32 shall be filed with the superior court and served on all parties of
33 record.
34 (d) If a certificate of appealability is issued, the parties
35 shall have fifteen days from the date of service to file a notice of
36 discretionary review in the superior court, and the notice shall
37 include a copy of the certificate of appealability and a copy of the
38 final decision.
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 1 (e) If the appellate court accepts review, the certificate of
2 appealability shall be transmitted to the court of appeals as part of
3 the certified record.
4 (f) If a certificate of appealability is denied, review shall be
5 by the superior court. The superior court's decision may be appealed
6 to the court of appeals.
7 Sec. 6. RCW 34.05.522 and 1995 c 382 s 6 are each amended to
8 read as follows:
9 The court of appeals may refuse to accept direct review of a case
10 pursuant to RCW 34.05.518 if it finds that the case does not meet the
11 applicable standard in RCW 34.05.518 (2) or (5). ((Rules of Appellate
12 Procedure 2.3 do not apply in this instance.)) The refusal to accept
13 such review is not subject to further appellate review,
14 notwithstanding anything in Rule 13.3 of the Rules of Appellate
15 Procedure to the contrary.
16 NEW SECTION. Sec. 7. Except for sections 5 and 6 of this act,
17 this act is necessary for the immediate preservation of the public
18 peace, health, or safety, or support of the state government and its
19 existing public institutions, and takes effect 30 days after signed
20 into law.
21 NEW SECTION. Sec. 8. Sections 2 and 3 of this act expire July
22 1, 2026.
23 NEW SECTION. Sec. 9. Sections 5 and 6 of this act take effect
24 July 1, 2026.
Passed by the Senate February 23, 2021.
Passed by the House April 11, 2021.
Approved by the Governor May 13, 2021.
Filed in Office of Secretary of State May 13, 2021.
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Statutes affected:
Original Bill: 34.05.518, 34.05.522
Bill as Passed Legislature: 34.05.518, 34.05.522
Session Law: 34.05.518, 34.05.522
Bill: 34.05.518, 34.05.522, 36.18.018