AN ACT Relating to the siting of manufacturing plants and facilities in environmentally nonsensitive areas; adding a new section to chapter 35.63 RCW; adding a new section to chapter 35A.63 RCW; adding a new section to chapter 36.70 RCW; creating a new section; and providing an expiration date.

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

NEW SECTION. Sec. 1. The purpose of this act is to encourage cities, towns, and counties, in cooperation with interested industries and citizens, to: (1) Identify and analyze locations suitable for manufacturing; (2) develop standards and criteria, as appropriate, for locating manufacturing plants and facilities on such sites; and (3) promote efficient permit processing and environmental review based upon analyses previously performed, consistent with existing law.

NEW SECTION. Sec. 2. A new section is added to chapter 35.63 RCW to read as follows:

(1) As used in this section, the following definitions shall apply:

(a) "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; and

(b) "Wetland" means that land extending landward for two hundred feet in all directions as measured on a horizontal plane from the "ordinary high water mark," as that term is defined in RCW 90.58.030; "floodways," as that term is defined in RCW 90.58.030, and the adjacent land extending landward two hundred feet from such floodways; and all marshes, bogs, swamps, and river deltas associated with streams, lakes, and tidal waters.

(2) A municipality may designate, in its comprehensive plan or zoning code, environmentally suitable sites for the purpose of expediting the location of manufacturing plants and facilities not having a probable significant, adverse environmental impact under chapter 43.21C RCW. The designation of any such site is subject to environmental review under chapter 43.21C RCW.

(3) An environmentally suitable site designation shall be applied only to lands meeting the following criteria:

(a) There exists an adopted comprehensive plan or zoning code that designates the land for manufacturing use; and

(b) The land is not within the jurisdiction of the Shoreline Management Act of 1971, chapter 90.58 RCW, and is not a wetland.

(4) The designation shall include performance standards or criteria specifying the nature or size of manufacturing plants, facilities, or processes that may be suitable for the site. Standards or criteria may be used to specify improvements that would be needed in connection with locating any manufacturing plant or facility.

(5) Each municipality that intends to designate an environmentally suitable site shall do so in accordance with the procedures set forth in this chapter and local codes. After completing the environmental review process and making a decision on the proposed designation, the municipality shall transmit notice of the proposed designation and a map of the site 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 designation for failure to comply with the requirements of this section. The designation shall be final for any portion of the proposed designation not so prohibited.

(6) Any proposed action to locate a manufacturing plant or facility that meets the criteria established under subsection (4) of this section in a site designated under subsection (5) of this section shall be considered a "qualified project." The determination as to whether a proposed action is a qualified project shall be made by the planning director or other appropriate official or agency of the municipality where the plant or facility would be located. The applicant for designation of a qualified project shall provide any information necessary to make any such determination.

(7) The municipality may adopt procedures or fees to review and designate qualified projects and to coordinate this process with other local procedures. The municipality may also establish a system for imposing mitigation fees and charges on such manufacturing plants and facilities to finance all or part of any public improvements as authorized by chapter 43.21C RCW and other applicable state laws or local ordinances.

(8) Nothing in this section may be construed as exempting a qualified project from the environmental review process under chapter 43.21C RCW or from any state or local planning, zoning, nuisance, permit, performance standard, or development requirement. 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.

(9) 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.

(10) This section shall expire on July 1, 1988.

NEW SECTION. Sec. 3. A new section is added to chapter 35A.63 RCW to read as follows:

(1) As used in this section, the following definitions shall apply:

(2) A city may designate, in its comprehensive plan or zoning code, environmentally suitable sites for the purpose of expediting the location of manufacturing plants and facilities not having a probable significant, adverse environmental impact under chapter 43.21C RCW. The designation of any such site is subject to environmental review under chapter 43.21C RCW.

(3) An environmentally suitable site designation shall be applied only to lands meeting the following criteria:

(a) There exists an adopted comprehensive plan or zoning code that designates the land for manufacturing use; and

(b) The land is not within the jurisdiction of the Shoreline Management Act of 1971, chapter 90.58 RCW, and is not a wetland.

(5) Each city that intends to designate an environmentally suitable site shall do so in accordance with the procedures set forth in this chapter and local codes. After completing the environmental review process and making a decision on the proposed designation, the city shall transmit notice of the proposed designation and a map of the site 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 designation for failure to comply with the requirements of this section. The designation shall be final for any portion of the proposed designation not so prohibited.

(6) Any proposed action to locate a manufacturing plant or facility that meets the criteria established under subsection (4) of this section in a site designated under subsection (5) of this section shall be considered a "qualified project." The determination as to whether a proposed action is a qualified project shall be made by the planning director or other appropriate official or agency of the city where the plant or facility would be located. The applicant for designation of a qualified project shall provide any information necessary to make any such determination.

(7) The city may adopt procedures or fees to review and designate qualified projects and to coordinate this process with other local procedures. The city may also establish a system for imposing mitigation fees and charges on such manufacturing plants and facilities to finance all or part of any public improvements as authorized by chapter 43.21C RCW and other applicable state laws or local ordinances.

(10) This section shall expire on July 1, 1988.

NEW SECTION. Sec. 4. A new section is added to chapter 36.70 RCW to read as follows:

(1) As used in this section, the following definitions shall apply:

(2) A county may designate, in its comprehensive plan or zoning code, environmentally suitable sites for the purpose of expediting the location of manufacturing plants and facilities not having a probable significant, adverse environmental impact under chapter 43.21C RCW. The designation of any such site is subject to environmental review under chapter 43.21C RCW.

(3) An environmentally suitable site designation shall be applied only to lands meeting the following criteria:

(a) There exists an adopted comprehensive plan or zoning code that designates the land for manufacturing use; and

(b) The land is not within the jurisdiction of the Shoreline Management Act of 1971, chapter 90.58 RCW, and is not a wetland.

(5) Each county that intends to designate an environmentally suitable site shall do so in accordance with the procedures set forth in this chapter and local codes. After completing the environmental review process and making a decision on the proposed designation, the county shall transmit notice of the proposed designation and a map of the site 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 designation for failure to comply with the requirements of this section. The designation shall be final for any portion of the proposed designation not so prohibited.

(6) Any proposed action to locate a manufacturing plant or facility that meets the criteria established under subsection (4) of this section in a site designated under subsection (5) of this section shall be considered a "qualified project." The determination as to whether a proposed action is a qualified project shall be made by the planning director or other appropriate official or agency of the county where the plant or facility would be located. The applicant for designation of a qualified project shall provide any information necessary to make any such determination.

(7) The county may adopt procedures or fees to review and designate qualified projects and to coordinate this process with other local procedures. The county may also establish a system for imposing mitigation fees and charges on such manufacturing plants and facilities to finance all or part of any public improvements as authorized by chapter 43.21C RCW and other applicable state laws or local ordinances.

(10) This section shall expire on July 1, 1988.