S-0964.1 _______________________________________________
SENATE BILL 5469
_______________________________________________
State of Washington 53rd Legislature 1993 Regular Session
By Senators Sutherland, Deccio, Bauer, McCaslin, Hargrove, Jesernig, Snyder, Oke and Hochstatter
Read first time 01/29/93. Referred to Committee on Ecology & Parks.
AN ACT Relating to state environmental policy act threshold determinations; and amending RCW 43.21C.033.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 43.21C.033 and 1992 c 208 s 1 are each amended to read as follows:
(1) Except as provided in subsection (2) of this section, the responsible official shall make a threshold determination on a completed application within ninety days after the application and supporting documentation are complete. The applicant may request an additional thirty days for the threshold determination. The governmental entity responsible for making the threshold determination shall by rule, resolution, or ordinance adopt standards, consistent with rules adopted by the department to implement this chapter, for determining when an application and supporting documentation are complete.
(2)(a) Within thirty days of receipt of an application and environmental checklist, the lead agency shall either:
(i) Issue a threshold determination; or
(ii) Respond to the applicant in writing with a notification of application or checklist completeness; or
(iii) Request in writing any additional information reasonably related to whether or not the proposal is likely to have significant adverse environmental impacts, notify the applicant as to what needs to be done to complete the application process, and indicate what kind of time frame the applicant can expect after having responded in writing to this request.
(b) If the lead agency exercises the option under (a)(ii) of this subsection, and a notification of completeness is provided the applicant, the lead agency shall make a threshold determination in an expeditious manner, not to exceed ninety days from the receipt of the original application and checklist.
(c) If the lead agency exercises the option under (a)(iii) of this subsection, and additional information is requested, and upon the initial written response of the applicant to the request, either by providing the information or indicating an inability to provide it, the lead agency shall either:
(i) Issue a determination of nonsignificance within ninety days from the receipt of the applicant's initial written response; or
(ii) Notify the applicant that a determination of significance is likely and indicate the areas of likely impact. Regardless, a final determination shall be made within ninety days from the receipt of the applicant's initial written response, unless the applicant requests an additional thirty days for the lead agency to evaluate mitigation proposed by the applicant. The lead agency shall grant the extension, if requested.
(d) The lead agency may request further information or clarification after review of the initial written response for additional information. However, the threshold determination must still be made within the time frame outlined under this subsection.
(3) This section shall not apply to a city, town, or county that by ordinance adopted prior to April 1, 1992, has adopted procedures to integrate permit and land use decisions with the requirements of this chapter.
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