2514 AMH SCHI H4962.1

HB 2514 - H AMD 823

By Representative Schindler

On page 3, after line 3, insert the following:

"(7)(a) As of the date the department of ecology approves a local government's shoreline master program adopted under applicable shoreline guidelines, the protection of critical areas as defined by RCW 36.70A.030(5) within shorelines of the state shall be accomplished only through the local government's shoreline master program and shall not be subject to the procedural and substantive requirements of this chapter.

(b) Critical areas within shorelines of the state that have been identified as meeting the definition of critical areas as defined by RCW 36.70A.030(5), and that are subject to a shoreline master program adopted under applicable shoreline guidelines, shall not be subject to the procedural and substantive requirements of this chapter.

(c) The provisions of this section shall not apply to the adoption or subsequent amendment of a local government's shoreline master program and shall not be used to determine compliance of a local government's shoreline master program with chapter 90.58 RCW and applicable guidelines. Nothing in this section, however, is intended to limit or change the quality of information to be applied in protecting critical areas within shorelines of the state, as required by chapter 90.58 RCW and applicable guidelines."

EFFECT: Adds current statutory provisions of the GMA regarding critical areas within shorelines of the state specifying that: (1) The protection of qualifying critical areas must be accomplished only through a shoreline master program and must not be subject to the procedural and substantive requirements of the GMA; (2) qualifying critical areas must not be subject to the procedural and substantive requirements of the GMA; (3) the best available science provisions of the section amended by HB 2514 must not apply to the adoption or amendment of master programs and must not be used to determine compliance of a master program with the SMA and applicable guidelines; and (4) the quality of information to be applied in protecting qualifying critical areas as required by the SMA and applicable guidelines is not intended to be limited or changed by the provisions of the amended section.

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