BILL REQ. #:  H-3714.1 

Read first time 01/11/2006.   Referred to Committee on Local Government.

     AN ACT Relating to the application of best available science under the growth management act; and amending RCW 36.70A.172.

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

Sec. 1   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)) consider 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) Where a proposed critical area ordinance is based upon science that has yet to be replicated in a physical context similar to the one at issue, but is theoretically sound and otherwise meets the test for best available science, that science constitutes the best available science.
     (4) The requirement to consider the best available science under subsection (1) of this section does not obligate a county or city to use science from a different physical context if the county or city determines that the science is not applicable to a specific local situation or physical context, even if it is the only available science.
     (5) The requirement to consider the best available science is a procedural, not substantive, requirement.