BILL REQ. #:  H-2848.1 



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HOUSE BILL 2090
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State of Washington63rd Legislature2013 3rd Special Session

By Representatives Taylor, Shea, Overstreet, Pike, Scott, Schmick, Haler, Chandler, Holy, Buys, Manweller, and Short

Read first time 11/09/13.   Referred to Committee on Local Government.



     AN ACT Relating to establishing categorical exemptions in the state environmental policy act for development proposals that are consistent with locally adopted land use and shoreline regulations; adding new sections to chapter 43.21C RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature finds that provisions and directives adopted by the legislature in chapter 347, Laws of 1995, landmark regulatory reform legislation that represented a consensus of diverse interests and eighteen months of effort by the governor's task force on regulatory reform, remain valid and unrealized in 2013.
     The legislature reasserts that: (1) The project review process must be used to make individual project decisions and may not be used to make land use planning decisions; (2) the permitting process may not be used as a comprehensive planning process; and (3) proposed projects are subject to numerous laws, regulations, and plans that provide environmental analysis, and that these projects should not be subjected to duplicative environmental review under the state environmental policy act, chapter 43.21C RCW.

NEW SECTION.  Sec. 2   A new section is added to chapter 43.21C RCW to read as follows:
     (1) Development proposals, or any portion thereof, in counties and cities planning under RCW 36.70A.040 that are consistent with the applicable comprehensive plan and development regulations adopted or amended under chapter 36.70A RCW are categorically exempt from the requirements of this chapter.
     (2) This section applies to counties and cities with comprehensive plans adopted under chapter 36.70A RCW that were, prior to adoption, subject to environmental analysis through an environmental impact statement under RCW 43.21C.030(2)(c).

NEW SECTION.  Sec. 3   A new section is added to chapter 43.21C RCW to read as follows:
     (1) Development proposals, or any portion thereof, in shorelines of the state that are consistent with the applicable master programs adopted or amended under chapter 90.58 RCW are categorically exempt from the requirements of this chapter.     
     (2) This section applies to counties and cities with master programs adopted under chapter 90.58 RCW that were, prior to adoption, subject to environmental analysis through an environmental impact statement under RCW 43.21C.030(2)(c).
     (3) For purposes of this section, "development" has the same meaning as defined in RCW 90.58.030.

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