BILL REQ. #:  H-2009.1 

Read first time 02/23/2005.   Referred to Committee on Local Government.

     AN ACT Relating to clarifying the best available science requirement; amending RCW 36.70A.172; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature intends to maintain the best available science requirement. The intent of the legislature is to clarify the best available science requirement and what it means for a local government to include best available science in designating and protecting critical areas, while achieving the other goals and requirements of the growth management act.

Sec. 2   RCW 36.70A.172 and 1995 c 347 s 105 are each amended to read as follows:
     (1) In designating and protecting critical areas under this chapter, counties and cities shall include the best available science in developing policies and development regulations to protect the functions and values of critical areas. In addition, counties and cities shall give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries.
     (2) If it determines that advice from scientific or other experts is necessary or will be of substantial assistance in reaching its decision, a growth management hearings board may retain scientific or other expert advice to assist in reviewing a petition under RCW 36.70A.290 that involves critical areas.
     (3) To demonstrate that the best available science has been included in the development of critical areas policies and regulations, counties and cities must address each of the following on the record:
     (a) The specific policies and development regulations adopted to protect the functions and values of the critical areas at issue;
     (b) The relevant sources of best available scientific information included in the decision making; and
     (c) Any nonscientific information, including legal, social, cultural, economic, and political information, used as a basis for critical area policies and regulations.
     (4) If a county or city elects to adopt a critical area policy or regulation that is outside the range that best available science alone would support because another goal or requirement of this chapter cannot otherwise be achieved, the county or city must:
     (a) Identify the information in the record that supports its decision to depart from science-based recommendations;
     (b) Explain its rationale for departing from science-based recommendations;
     (c) Identify potential risks to the functions and values of the critical area or areas at issue and any additional measures chosen to limit such risks; and
     (d) Identify evidence in the record that shows the departure is necessary to achieve the goals or requirements of this chapter.
     (5) If a county or city adopts a policy or regulation under subsection (4) of this section, the county or city must minimize risk and employ monitoring and adaptive management and any other components necessary to confirm whether the approach used is adequately protecting the functions and values of that critical area, and adjust the approach as necessary to ensure protection of critical area functions and values.