Washington State House of Representatives Office of Program Research | BILL ANALYSIS |
Ecology & Parks Committee |
HB 2083
This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent. |
Brief Description: Requiring consideration of impacts to tree canopies in large cities through rules implementing the state environmental policy act.
Sponsors: Representatives White, Kenney, Carlyle, Nelson, Moeller, Williams, Pettigrew, Pedersen, Ormsby, Hunt, Springer, Upthegrove, Dunshee, Kagi and Chase.
Brief Summary of Bill |
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Hearing Date: 2/17/09
Staff: Anna Jackson (786-7190)
Background:
The State Environmental Policy Act
The State Environmental Policy Act (SEPA) requires all branches of government in the state, including state agencies, municipal and public corporations, and counties to include a detailed environmental impact statement (EIS) in every report or recommendation for major actions that significantly affect the quality of the environment [RCW 43.21C.030]. The EIS must include: (1) the environmental impact of the proposed action; (2) any adverse environmental effects that cannot be avoided if the proposal is implemented; (3) alternatives to the proposed action; (4) the relationship between local short-term uses of the environment and the maintenance and enhancement of long-term productivity; and (5) any irreversible and irretrievable commitments of resources that would be involved in the proposed action should it be implemented.
The Department of Ecology is required to adopt and amend rules of interpretation and implementation for the SEPA, such as categories of governmental actions that are and are not considered major actions significantly affecting the quality of the environment, and definitions of relevant terms for the implementation of the act, including establishing a list of elements of the environment [RCW 43.21C.110(1)(f)]. Subjects listed as elements of the environment require an analysis of environmental considerations under another section of the SEPA, and the list distinguishes between the "natural" and "built" environment. Elements of the built environment include public services and utilities, transportation, environmental health, and land and shoreline use [RCW 43.21C.110(1)(f)].
Urban Forests
Other state programs currently contain provisions to protect and enhance urban forests, such as the Evergreen Communities Recognition Program. Under this program, cities and counties are authorized to pursue recognition as an "Evergreen Community." Criteria for becoming an Evergreen Community includes developing a community forest program, recognizing Arbor Day, completing a forest inventory, and adopting an urban forestry management plan. The application process for becoming an Evergreen Community is managed through an urban forestry recognition program under the Department of Natural Resources. Evergreen Communities are entitled to a competitive advantage for certain state grant programs benefitting local governments, including grants for public works projects, water pollution control facilities, water quality, habitat improvements, and aquatic lands enhancement.
Summary of Bill:
Rules adopted under the SEPA that relate to the definition of relevant terms, including the establishment of a list of elements of the environment, must consider the impacts that a proposed action in a city with a population exceeding 100,000 might have upon the tree canopy of that city.
Appropriation: None.
Fiscal Note: Requested on February 13, 2009.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.