H-1105 _______________________________________________
HOUSE BILL NO. 524
_______________________________________________
State of Washington 49th Legislature 1985 Regular Session
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 2/6/85 and referred to Committee on Trade & Economic Development.
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) A city or county may establish an environmentally nonsensitive area classification for the purpose of expediting the location of manufacturing plants and facilities that do not have a potential for significant adverse impact on elements of the natural environment in accordance with the criteria contained in this section.
(2) The environmentally nonsensitive area 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;
(c) The land does not contain habitat for "endangered species" as that term is defined under RCW 77.08.010; and
(d) The land does not contain identified natural hazards or known historical or archaeological sites.
(3) Manufacturing plants and facilities that do not have a potential for high impact on elements of the natural environment are those that do not involve natural resource processing 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.
(4) Each city or county that intends to establish an environmentally nonsensitive area 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 or county establishing the classification shall adopt procedures and fees for its administration.
(5) Any proposed action to locate a manufacturing plant or facility that meets the criteria established under subsection (3) of this section in an area classified as environmentally nonsensitive under subsection (4) 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."
(6) 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 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.
(7) Nothing in this section may be construed as exempting a qualified project form any state or local planning, zoning, nuisance, permit, performance standard, or development requirement other than those specified in this section.
(8) 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.