BILL REQ. #:  S-1367.3 

Read first time 02/23/2005.   Referred to Committee on Government Operations & Elections.

     AN ACT Relating to clarifying how local governments may demonstrate that best available science has been included in growth management decisions; 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 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 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 that depart from recommendations derived from the best available science.
     (4) A county or city departing from science-based recommendations 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; and
     (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.