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ENGROSSED SUBSTITUTE HOUSE BILL NO. 524
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State of Washington 49th Legislature 1985 Regular Session
By House Committee on Trade & Economic Development (originally sponsored by Representatives K. Wilson, Kremen, G. Nelson, Braddock, Tilly, Leonard, Lewis, Bristow, Allen, Nutley, B. Williams, Hargrove, Isaacson, May, Schoon, Tanner, L. Smith and Thomas)
Read first time 3/8/85 and passed to Committee on Rules.
AN ACT Relating to the siting of manufacturing plants and facilities in environmentally nonsensitive areas; adding a new section to chapter 43.21C RCW; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 43.21C RCW to read as follows:
(1) As used in this section, the term "manufacturing" means all activities of a commercial or industrial nature in which labor or skill is applied, by hand or machinery, to materials so that a new, different, or useful substance or article of tangible personal property is produced for sale or commercial or industrial use. The term includes the production of computer software, other computer-related services, and the activities performed by research and development laboratories and commercial testing laboratories.
(2) A city, town, or county may establish an area of insignificant environmental sensitivity classification for the purpose of expediting the location of manufacturing plants and facilities not having a probable significant, adverse environmental impact in accordance with the criteria contained in this section. The establishment of an area of insignificant environmental sensitivity classification is subject to full environmental review as required for other proposed actions under this chapter.
(3) The area of insignificant environmental sensitivity classification shall be applied only to lands meeting the following criteria:
(a) The lands are designated for manufacturing use under the appropriate comprehensive plan and zoning;
(b) The land is not within the jurisdiction of the Shoreline Management Act of 1971, chapter 90.58 RCW; and
(c) No probable significant, adverse environmental impact has been identified through any process required for compliance with this chapter.
(4) Manufacturing plants and facilities not having a probable significant, adverse environmental impact are those that do not generate dangerous wastes as that term is defined under RCW 70.105.010, and do not generate significant air, water, or noise pollutants or emissions. For the purposes of this section, the determination of what is "significant" shall be made by the appropriate responsible local official or agency.
(5) Each city, town, or county that intends to establish an area of insignificant environmental sensitivity classification shall do so in accordance with the amendment procedures set forth in the local ordinance adopted under the authority granted by RCW 43.21C.135 and shall transmit notice of any such proposed action and a map of the area to be so classified to the department of ecology and the department of commerce and economic development. Within sixty days after receiving this notice, the department of ecology shall review and may prohibit all or any portion of the proposed action for failure to comply with the requirements of this section. The classification shall be final for any portion of the proposed action not so prohibited. The responsible official or agency of the city, town, or county establishing the classification shall adopt procedures and fees for its administration.
(6) Any proposed action to locate a manufacturing plant or facility that meets the criteria established under subsection (4) of this section in an area classified as being of insignificant environmental sensitivity under subsection (5) of this section is exempt from the provisions of this chapter that require environmental review or the preparation of an environmental impact statement. For the purposes of this section, any such exempt proposed action shall be considered a "qualified project." A city, town, or county may establish a system for imposing mitigation fees and charges on such manufacturing plants and facilities to finance all or part of any public improvements reasonably necessitated by the siting of a manufacturing plant or facility under this section. The system of mitigation fees and charges may include any reasonable conditions and features that may be established by the city, town, or county.
(7) The determination as to whether a proposed action is a qualified project shall be made by the planning director or other responsible official or agency of the city, town, or county where the plan or facility would be located. The applicant for designation of a qualified project shall provide any information necessary to make any such determination.
(8) Nothing in this section may be construed as exempting a qualified project from any state or local planning, zoning, nuisance, permit, performance standard, or development requirement other than those specified in this section.
(9) This section shall not restrict public or private entities from using phased review, or nonproject or other environmental documents, as directed or authorized by RCW 43.21C.110.
(10) To facilitate review and evaluation of the program authorized under this section, each application for a qualified project designation and the decision rendered on each such application shall be transmitted to the director of the department of ecology, who shall make an annual report to the legislature on the operation of the program.