S-0453.1                   _______________________________________________

                                                     SENATE BILL 5495

                              _______________________________________________

State of Washington                              53rd Legislature                             1993 Regular Session

By Senators Loveland, Barr, A. Smith, Anderson, Owen, Snyder, Deccio, M. Rasmussen and Roach

Read first time 02/01/93.  Referred to Committee on Ecology & Parks.

Revising state environmental policy.

          AN ACT Relating to environmental policy; and amending RCW 43.21C.060.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  RCW 43.21C.060 and 1983 c 117 s 3 are each amended to read as follows:

          The policies and goals set forth in this chapter are supplementary to those set forth in existing authorizations of all branches of government of this state, including state agencies, municipal and public corporations, and counties.  Any governmental action may be conditioned or denied pursuant to this chapter:  PROVIDED, That such conditions or denials shall be based upon ((policies identified by the appropriate governmental authority and incorporated into)) regulations((, plans, or codes)) which are formally designated by the agency (((or appropriate legislative body, in the case of local government))) as possible bases for the exercise of authority pursuant to this chapter, or passed as ordinances by a local government.  ((Such designation shall occur at the time specified by RCW 43.21C.120.))  Such action may be conditioned only to mitigate specific adverse environmental impacts which are identified in the environmental documents prepared under this chapter.  These conditions shall be stated in writing by the decisionmaker.  Mitigation measures shall be reasonable and capable of being accomplished.  In order to deny a proposal under this chapter, an agency must find that:  (1) The proposal would result in significant adverse impacts identified in a final or supplemental environmental impact statement prepared under this chapter; and (2) reasonable mitigation measures are insufficient to mitigate the identified impact.  Except for permits and variances issued pursuant to chapter 90.58 RCW, when such a governmental action, not requiring a legislative decision, is conditioned or denied by a nonelected official of a local governmental agency, the decision shall be appealable to the legislative authority of the acting local governmental agency unless that legislative authority formally eliminates such appeals.  Such appeals shall be in accordance with procedures established for such appeals by the legislative authority of the acting local governmental agency.

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