HOUSE BILL ANALYSIS
SSB 5462
Title:An act relating to local government permit timelines.
Brief Description:Changes local government permit timeline provisions.
Sponsors:Senators Hale, Anderson, Haugen, Patterson, Goings, McCaslin and Winsley
Hearing Date:March 24, 1997
Background:
In 1995, the Legislature amended the Growth Management Act to integrate permit procedures and environmental review required under the State Environmental Policy Act (SEPA).
Under SEPA, when a local government receives a project permit application it must provide a notice of application to the public and the appropriate departments and agencies. The notice must contain, among other things, a description of the proposed project action, a list of the project permits included in the application, and a statement of the public comment period and the time and place of a hearing (if one is scheduled). "Project permit" means any land use or environmental permit or license required from a local government for a project action, including building permits, subdivisions, and others, but not including comprehensive plans or development regulations.
SEPA also requires local governments and state agencies to prepare a detailed statement, or environmental impact statement (EIS), if a proposed action may have a probable significant, adverse impact on the environment. Local governments and state agencies must make a threshold determination on a completed project application as to whether a probable significant, adverse environmental impact may result from the project as proposed. The threshold determination process involves notice of the proposed action and a public comment period.
An EIS must only be prepared if a local government makes a determination of significance (that is to say, determines that a probable significant, adverse environmental impact will result from a proposed action). The lead agency on a local government action that has resulted in a determination of significance (DS) must narrow the scope of every EIS to the probable significant, adverse impacts and reasonable alternatives, including mitigation measures (Ascoping@). The lead agency must then initiate a 21-day public comment period on the DS where agency representatives, tribes, and the public may comment and address significant environmental issues.
If the local government has made a DS concurrently with the notice of application, it must combine the notice of application with the DS and scoping notice. A local government may issue a DS on a project permit before the expiration of the public comment period.
Summary of Bill:
When a local government makes a threshold determination (either a determination of significance (DS) or a determination of nonsignificance (DNS) concurrently with the notice of application, the notice of application may be combined with the threshold determination. If there is a DS, the notice of application may be combined with the determination of significance and the scoping notice. The local government may issue a decision or a recommendation on a project permit prior to the expiration of the public comment period on the notice of application for any threshold determination.
The effect of the optional combined notice of application/threshold determination is to eliminate the second public notice periods (anywhere from 14 to 30 days) from the project timeline.
Fiscal Note:Not requested.
Effective Date:Ninety days after adjournment of session in which bill is passed.