SENATE BILL REPORT

SB 6741

BYSenators Amondson, Owen, Metcalf and Sutherland

Modifying permit requirements for substantial developments on shorelines as they relate to utility extensions.

Senate Committee on Environment & Natural Resources

Senate Hearing Date(s):January 30, 1990

Majority Report:     Do pass.

     Signed by Senators Metcalf, Chairman; Amondson, Vice Chairman; Barr, Benitz, DeJarnatt, Kreidler, Owen, Patterson, Sutherland.

Senate Staff:Dawn P. Vyvyan (786-7717)

                March 3, 1990

House Committe on Environmental Affairs

AS PASSED SENATE, FEBRUARY 10, 1990

BACKGROUND:

The Shoreline Management Act of 1971 is designed to protect the shorelines of this state for the public interest.  It sets forth a management scheme for coordinating the public and private development of the state's shorelines by having local governments take primary responsibility in administering the management program, with the Department of Ecology acting in a supportive and review capacity.

Substantial development shall not be undertaken on the shorelines of the state (which are specifically listed in the act) unless it is consistent with the policy of the Shoreline Management Act and the Department of Ecology guidelines and rules, or the local government's master program governing shorelines within its jurisdiction.

Permits for substantial development on the shorelines of the state must be obtained by local governments.  The term "substantial development" means any development of which the total cost or fair market value exceeds $2,500, or any development which materially interferes with the normal public use of the water or shorelines of the state.

The public is notified of any applications for a substantial development permit through publication in a legal newspaper, and by mail or posting, or by any other manner deemed appropriate by local authorities that provides reasonable notice to adjacent landowners and the public.

The public may submit comments on the application to the local government within 30 days of the last date the notice is published,  and may request that a copy of the final order on the application be made available as expeditiously as possible after its issuance.

SUMMARY:

A permit review process is established for the extension of vital utility services to residents for natural gas, electricity, telephone, water, and sewer, while preserving the safeguards of public review and appeal rights in the permit application process.

The public shall submit written comments concerning an application for a permit for development of a vital utility service connection to the local government within 20 days of the last date of published notice of the application.  The notice shall state the manner in which the public may obtain a copy of the application no later than two days following its issuance.

Local governments shall either grant or deny a substantial development permit application within 15 days of the last day of the comment period when the application meets the following requirements:  it is for the construction of utility service connections for natural gas, electricity, telephone, water and sewer; the construction will serve an existing use; and the construction will not be more than 2,500 lineal feet within the shoreline.

Construction shall not begin or be authorized until seven days from the date the order was issued.

Appropriation:  none

Revenue:   none

Fiscal Note:    requested

Senate Committee - Testified:   Rod Mack, Department of Ecology (pro); Tricia McKay, Washington Natural Gas (pro)

HOUSE AMENDMENTS:

The permit application process and appeal process are amended.  The local government must grant or deny the permit application within 21 days after the comment period has ended rather than 15 days.  The initial appeal of the decision to grant or deny the permit to the local government legislative authority must be decided by the legislative authority within 30 days.  Utility service connections covered by this bill are those which are categorically exempt under Chapter 43.21C RCW for one or more of the following:  natural gas, electricity, telephone, water or sewer.  If a construction permit is granted, construction may not begin until seven days after the date the permit is filed with the Department of Ecology.