BILL REQ. #:  H-3677.1 

Prefiled 1/7/2004. Read first time 01/12/2004.   Referred to Committee on Fisheries, Ecology & Parks.

     AN ACT Relating to designating the lead agency for public proposals under the state environmental policy act; amending RCW 43.21C.030 and 43.21C.110; and adding new sections to chapter 43.21C RCW.

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

Sec. 1   RCW 43.21C.030 and 1971 ex.s. c 109 s 3 are each amended to read as follows:
     (1) The legislature authorizes and directs that, to the fullest extent possible((: (1))), the policies, regulations, and laws of the state of Washington shall be interpreted and administered in accordance with the policies set forth in this chapter((, and (2))).
     (2) The legislature authorizes and directs that, to the fullest extent possible, all branches of government of this state, including state agencies, municipal and public corporations, and counties shall:
     (a) Utilize a systematic, interdisciplinary approach which will insure the integrated use of the natural and social sciences and the environmental design arts in planning and in decision making which may have an impact on man's environment;
     (b) Identify and develop methods and procedures, in consultation with the department of ecology ((and the ecological commission)), ((which)) that will insure ((that)) presently unquantified environmental amenities and values will be given appropriate consideration in decision making along with economic and technical considerations;
     (c) Include in every recommendation or report on proposals for legislation and other major actions significantly affecting the quality of the environment((,)) a detailed statement, to be known as an environmental impact statement, by the ((responsible official)) lead agency on:
     (i) The environmental impact of the proposed action;
     (ii) Any adverse environmental effects ((which)) that cannot be avoided should the proposal be implemented;
     (iii) Alternatives to the proposed action;
     (iv) The relationship between local short-term uses of man's environment and the maintenance and enhancement of long-term productivity; and
     (v) Any irreversible and irretrievable commitments of resources ((which)) that would be involved in the proposed action should it be implemented;
     (d) ((Prior to making any detailed statement, the responsible official shall consult with and obtain the comments of any public agency which has jurisdiction by law or special expertise with respect to any environmental impact involved. Copies of such statement and the comments and views of the appropriate federal, province, state, and local agencies, which are authorized to develop and enforce environmental standards, shall be made available to the governor, the department of ecology, the ecological commission, and the public, and shall accompany the proposal through the existing agency review processes)) Cooperate in designating a lead agency other than the agency that is the primary sponsor or proponent of a project or proposal, as required by section 3 of this act, from the other agencies with jurisdiction by law or special expertise with respect to any environmental impact involved;
     (e) Study, develop, and describe appropriate alternatives to recommended courses of action in any proposal ((which)) that involves unresolved conflicts concerning alternative uses of available resources;
     (f) Recognize the world-wide and long-range character of environmental problems and, where consistent with state policy, lend appropriate support to initiatives, resolutions, and programs designed to maximize international cooperation in anticipating and preventing a decline in the quality of mankind's world environment;
     (g) Make available to the federal government, other states, provinces of Canada, municipalities, institutions, and individuals, advice and information useful in restoring, maintaining, and enhancing the quality of the environment; and
     (h) Initiate and utilize ecological information in the planning and development of natural resource-oriented projects.
     (3) Before completing an environmental impact statement required by subsection (2)(c) of this section, the responsible official shall consult with and obtain the comments of any public agency that has jurisdiction by law or special expertise with respect to any environmental impact involved. Copies of the environmental impact statement and the comments and views of the appropriate federal, province, state, and local agencies that are authorized to develop and enforce environmental standards shall be made available to the governor, the department of ecology, and the public and shall accompany the proposal through the existing agency review processes.

Sec. 2   RCW 43.21C.110 and 1997 c 429 s 47 are each amended to read as follows:
     It shall be the duty and function of the department of ecology:
     (1) To adopt and amend thereafter rules of interpretation and implementation of this chapter, subject to the requirements of chapter 34.05 RCW, for the purpose of providing uniform rules and guidelines to all branches of government, including state agencies, political subdivisions, public and municipal corporations, and counties. The proposed rules shall be subject to full public hearings requirements associated with rule promulgation. Suggestions for modifications of the proposed rules shall be considered on their merits, and the department shall have the authority and responsibility for full and appropriate independent promulgation and adoption of rules, assuring consistency with this chapter ((as amended)) and with the preservation of protections afforded by this chapter. The rule-making powers authorized in this section shall include, but shall not be limited to, the following phases of interpretation and implementation of this chapter:
     (a) Categories of governmental actions ((which)) that are not to be considered as potential major actions significantly affecting the quality of the environment, including categories pertaining to applications for water right permits pursuant to chapters 90.03 and 90.44 RCW. The types of actions included as categorical exemptions in the rules shall be limited to those types ((which)) that are not major actions significantly affecting the quality of the environment. The rules shall provide for certain circumstances where actions ((which)) that potentially are categorically exempt require environmental review. An action that is categorically exempt under the rules adopted by the department may not be conditioned or denied under this chapter((.));
     (b) Rules for criteria and procedures applicable to the determination of when an act of a branch of government is a major action significantly affecting the quality of the environment for which a detailed statement is required to be prepared pursuant to RCW 43.21C.030((.));
     (c) Rules and procedures applicable to the preparation of detailed statements and other environmental documents, including but not limited to rules for timing of environmental review, obtaining comments, data and other information, and providing for and determining areas of public participation which shall include the scope and review of draft environmental impact statements((.));
     (d) Scope of coverage and contents of detailed statements assuring that such statements:
     (i) Are simple, uniform, and as short as practicable; ((statements))
     (ii) Are required to analyze only reasonable alternatives and probable adverse environmental impacts ((which)) that are significant((,)); and
     (iii) May analyze beneficial impacts((.));
     (e) Rules and procedures for public notification of actions taken and documents prepared((.));
     (f) Definition of terms relevant to the implementation of this chapter, including the establishment of a list of elements of the environment. The rules shall specify that analysis of environmental considerations under RCW 43.21C.030(2) may be required only for those subjects listed as elements of the environment (or portions thereof). The list of elements of the environment shall consist of the "natural" and "built" environment. The elements of the built environment shall consist of public services and utilities (such as water, sewer, schools, fire and police protection), transportation, environmental health (such as explosive materials and toxic waste), and land and shoreline use (including housing, and a description of the relationships with land use and shoreline plans and designations, including population)((.));
     (g) Rules for determining the obligations and powers under this chapter of two or more branches of government involved in the same project significantly affecting the quality of the environment. These rules shall include criteria and procedures for designating a lead agency other than the agency that is the primary sponsor or proponent of a project or proposal, as required by section 3 of this act, from the other agencies with jurisdiction by law or special expertise with respect to any environmental impact involved;
     (h) Methods to assure adequate public awareness of the preparation and issuance of ((detailed)) environmental impact statements required by RCW 43.21C.030(2)(c)((.));
     (i) ((To prepare)) Rules for projects setting forth the time limits within which the governmental entity responsible for the action shall comply with the provisions of this chapter((.));
     (j) Rules for utilization of ((a detailed)) an environmental impact statement for more than one action and rules improving environmental analysis of nonproject proposals and encouraging better interagency coordination and integration between this chapter and other environmental laws((.));
     (k) Rules relating to actions ((which)) that shall be exempt from the provisions of this chapter in situations of emergency((.));
     (l) Rules relating to the use of environmental documents in planning and decision making and the implementation of the substantive policies and requirements of this chapter, including procedures for appeals under this chapter((.)); and
     (m) Rules and procedures that provide for the integration of environmental review with project review as provided in RCW 43.21C.240. The rules and procedures shall be jointly developed with the department of community, trade, and economic development and shall be applicable to the preparation of environmental documents for actions in counties, cities, and towns planning under RCW 36.70A.040. The rules and procedures shall also include procedures and criteria to analyze planned actions under RCW 43.21C.031(2) and revisions to the rules adopted under this section to ensure that they are compatible with the requirements and authorizations of chapter 347, Laws of 1995, as amended by chapter 429, Laws of 1997. Ordinances or procedures adopted by a county, city, or town to implement the provisions of chapter 347, Laws of 1995 prior to the effective date of rules adopted under this subsection (1)(m) shall continue to be effective until the adoption of any new or revised ordinances or procedures that may be required. If any revisions are required as a result of rules adopted under this subsection (1)(m), those revisions shall be made within the time limits specified in RCW 43.21C.120.
     (2) In exercising its powers, functions, and duties under this section, the department may:
     (a) Consult with the state agencies and with representatives of science, industry, agriculture, labor, conservation organizations, state and local governments, and other groups, as it deems advisable; and
     (b) Utilize, to the fullest extent possible, the services, facilities, and information (including statistical information) of public and private agencies, organizations, and individuals, in order to avoid duplication of effort and expense, overlap, or conflict with similar activities authorized by law and performed by established agencies.
     (3) Rules adopted pursuant to this section shall be subject to the review procedures of chapter 34.05 RCW.

NEW SECTION.  Sec. 3   A new section is added to chapter 43.21C RCW to read as follows:
     An agency that is the primary sponsor or proponent of a project or proposal subject to review under this chapter shall not serve as the lead agency responsible for complying with the requirements of this chapter. For such a public project or proposal, the lead agency shall be determined by an agreement developed according to the rules adopted according to RCW 43.21C.110(1)(g) among all agencies with jurisdiction by law and agencies with special expertise with respect to any environmental impact involved.

NEW SECTION.  Sec. 4   A new section is added to chapter 43.21C RCW to read as follows:
     For purposes of this chapter:
     (1) "Agency with jurisdiction by law" means an agency with authority to approve, veto, or finance all or part of a project or proposal; and
     (2) "Agency with special expertise" means an agency with special expertise on the environmental impacts involved in a proposal or alternative significantly affecting the environment.