1191 AMH AGEC H1524.2

1191 AMH AGEC H1524.2

HB 1191 - H COMM AMD

By Committee on Agriculture & Ecology

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 90.58 RCW to read as follows:

A person who uses a shoreline location for the production of a motion picture is exempt from the substantial development permit requirement of this chapter when all of the following apply:

(1) The local government determines the production will be consistent with the local shoreline master program and all applicable land use plans and development regulations;

(2) The person seeking the exemption completes a state environmental policy act checklist and provides it to the appropriate local government and the appropriate local government determines the production will have no significant adverse impact on the environment, including but not limited to:

(a) Fish or wildlife;

(b) Fish or wildlife habitat;

(d) Aesthetic values;

(3) The person seeking the exemption notifies all property owners within three hundred feet of the proposed site of his or her intention to use the site;

(4) The use of the shoreline location for motion picture production will terminate within a period of one year or less;

(5) The production does not interfere with the normal commercial and navigational use of surface waters of the state although some interference with normal recreational use of surface waters and shorelines of the state may occur;

(6) The production will have no significant adverse impact on the environment, including but not limited to:

(a) Fish or wildlife;

(b) Fish or wildlife habitat;

(d) Aesthetic values;

(7) An environmental assessment of the existing conditions of the shorelines of the state to be used for the motion picture, and a mitigation and restoration plan for same, are provided to the local government before the start of the motion picture project. The mitigation and restoration plan must be consistent with the local shoreline master program and all applicable land use plans and development regulations. The mitigation and restoration plan must be approved by the local government before the motion picture project may begin within shorelines of the state. The mitigation and restoration plan shall be implemented immediately after the completion of the production as provided under this section; and

(8) A performance bond is provided to the local government before the start of a motion picture project to ensure the mitigation and restoration plan is satisfactorily completed."

EFFECT: Four additional criteria are required to be met by persons involved in motion picture production for exemption from substantial development permits:

(1) The project must be consistent with local shoreline master programs;

(2) An environmental checklist under the State Environmental Policy Act must be completed;

(3) All property owners within three hundred feet of the selected shoreline location must be notified of the intention to use the site; and

(4) A mitigation and restoration plan must be provided in addition to the assessment of environmental conditions.

All mitigation and restoration activities must be implemented immediately after the completion of the production.