BP BHEAD INT S

AN ACT Relating to integrating comprehensive land use planning and environmental analysis; amending RCW 43.21C.034; adding a new section to chapter 43.21C RCW; and creating new sections.

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

NEW SECTION. Sec. 1. (1) The legislature finds that both the state environmental policy act and the growth management act are intended to ensure healthy, sustainable communities and productive harmony between people and nature. Both statutes promote environmental values and goals and create comprehensive review and planning processes to advance these goals. The growth management act provides a mechanism for local governments to comprehensively plan for and manage growth, identify appropriate land uses, provide for public facilities, and protect the environment. The state environmental policy act requires state and local government to consider the environmental consequences of their decisions and avoid or mitigate negative impacts.

The legislature declares that the state environmental policy act and the growth management act are complementary laws and can be integrated in such a way as to achieve both efficient land use decision making and thorough consideration of environmental impacts. The legislature further finds that environmental analysis of comprehensive land use plans (a) enhances the effectiveness of growth management planning by informing decision makers and the public on the environmental choices and consequences of proposed plans and development regulations, and (b) can facilitate faster and more efficient review of site-specific development projects. Where detailed environmental analysis has occurred during comprehensive plan development, duplicating this analysis may be avoided by concentrating the environmental analysis of individual projects on those elements that were not previously addressed or that need further analysis.

(2) The purpose of this act is to encourage integration of the processes and documents associated with the growth management act and the state environmental policy act and provide explicit authority for jurisdictions planning under chapter 36.70A RCW to combine these procedures and documents. It is also the intent of the legislature to gather information on how enhanced environmental review of plans, policies, and rules adopted under chapter 36.70A RCW may be useful for establishing guidelines for reduced environmental review of projects that are consistent with such plans, policies, and rules.

NEW SECTION. Sec. 2. A new section is added to chapter 43.21C RCW to read as follows:

(1) For plans, policies, and rules adopted pursuant to chapter 36.70A RCW, the preferred method of complying with the requirements of this chapter is through the complete integration of procedures and documents required under chapter 36.70A RCW with the procedures and documents required under this chapter, including applicable public participation requirements. For jurisdictions that choose to integrate these procedures and documents, a comprehensive plan or development regulation will also constitute the necessary documentation required under this chapter for such an action if the comprehensive plan is accompanied by the following elements:

(a) A concise analysis of the main alternatives considered;

(b) Comments and responses on the draft plan or regulation;

(c) A summary and fact sheet that focuses on comparing the environmental impacts and analyzing the environmental issues and choices, as required under RCW 43.21C.030; and

(d) Appropriate technical information and other materials that provide the basis for the elements of the comprehensive plan or development regulations.

(2) The combined approach outlined in subsection (1) of this section may be used for general comprehensive plans, for subarea plans, or specific development regulations. The level of detail required for the elements in subsection (1) (a) through (d) of this section shall correspond to the level of detail of the plan, policy, or rule being adopted under chapter 36.70A RCW.

(3) The department of ecology shall adopt rules consistent with these policies. These rules shall provide further guidance on how such integration is to be achieved. The rules shall be limited to guidance on environmental review procedures related to growth management plans, policies, and regulations.

(4) Nothing in this section affects the legal sufficiency of plans, policies, regulations, or environmental documents that have already been adopted or will be adopted using separate processes that are permissible under this chapter.

Sec. 3. RCW 43.21C.034 and 1993 c 23 s 1 are each amended to read as follows:

Lead agencies are authorized to use in whole or in part existing environmental documents for new project or nonproject actions, if the documents adequately address environmental considerations set forth in RCW 43.21C.030. The prior proposal or action and the new proposal or action need not be identical, but must have similar elements that provide a basis for comparing their environmental consequences such as timing, types of impacts, alternatives, or geography. The use of existing environmental documents prepared to comply with this chapter is encouraged in jurisdictions planning under chapter 36.70A RCW for environmental review of projects that are consistent with adopted plans, policies, or regulations. The lead agency shall independently review the content of the existing documents and determine that the information and analysis to be used is relevant and adequate. If necessary, the lead agency may require additional documentation to ensure that all environmental impacts have been adequately addressed.

Project level review under this chapter should not duplicate environmental review that occurs through development of comprehensive plans and development regulations under chapter 36.70A RCW. Site-specific environmental review of proposed projects should: Be used to determine consistency with growth management plans and regulations; provide prompt and coordinated review by agencies, tribes, and the public in compliance with environmental laws and other plans, including environmental review and mitigation for site-specific project impacts that have not been considered and addressed at the plan level; and ensure accountability by the jurisdiction to applicants and the public for requiring and implementing mitigation measures.

NEW SECTION. Sec. 4. (1) The department of ecology and the department of community, trade, and economic development shall conduct a review of state environmental policy act compliance of comprehensive plans adopted pursuant to chapter 36.70A RCW. The review shall consider the level of detail of both the comprehensive plans and their associated environmental impact statements. The review shall also include an assessment of the extent to which these comprehensive plans and environmental impact statements could be used for environmental analysis of site-specific projects that are consistent with the comprehensive plans. As part of the review, the departments shall seek information from jurisdictions on the types of projects that are considered to be consistent with the adopted comprehensive plan.

(2) No later than December 1, 1994, the departments shall prepare a report to the legislature summarizing the results of the review in subsection (1) of this section and providing recommendations on how enhanced environmental review of comprehensive plans may be the basis for jurisdictions adopting reduced state environmental policy act requirements for projects that are consistent with these plans.