2SHB 1952 -
By Representative Short
WITHDRAWN 03/05/2011
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 A new section is added to chapter 43.21C
RCW to read as follows:
(1) The proposed actions contained in this section are
categorically exempt from the requirements of this chapter. If the
proposed action is located in more than one city or county, the lower
of the agencies' adopted exemption levels controls regardless of which
agency is the lead agency.
(2) Except when undertaken wholly or partly on lands covered by
water in a jurisdiction without a valid critical areas code under
chapter 36.70A RCW, the following types of construction are exempt
under subsection (1) of this section:
(a) The construction or location of any residential structures of
twenty dwelling units or fewer;
(b) Excluding feed lots, the construction of a barn, loafing shed,
farm equipment storage building, produce storage or packing structure,
or similar agricultural structure, covering up to thirty thousand
square feet, and to be used only by the property owner or the property
owner's agent in the conduct of farming the property;
(c) The construction of an office, school, commercial,
recreational, service, or storage building with twelve thousand or
fewer square feet of gross floor area and with associated parking
facilities designed for forty automobiles or fewer;
(d) The construction of a parking lot designed for forty
automobiles or fewer;
(e) Any landfill or excavation of five hundred cubic yards or fewer
of disturbed area throughout the total lifetime of the fill or
excavation;
(f) The construction or installation of minor road and street
improvements, such as: Pavement marking; freeway surveillance and
control systems; railroad protective devices, not including grade-separated crossings; grooving; glare screen; safety barriers; energy
attenuators; transportation corridor landscaping, including the
application of Washington state department of agriculture-approved
herbicides by licensed personnel for right-of-way weed control as long
as this is not within watersheds controlled for the purpose of drinking
water quality; temporary traffic controls and detours; correction of
substandard curves and intersections within existing rights-of-way;
widening of a highway by less than a single lane width and no new
right-of-way is required; adding auxiliary lanes for localized
purposes, such as weaving, climbing, speed change, etc., and no new
right-of-way is required; channelization and elimination of sight
restrictions at intersections; street lighting; guard rails and
barricade installation; installation of catch basins and culverts; and
reconstruction of existing roadbed (existing curb-to-curb in urban
locations), including adding or widening of shoulders, addition of
bicycle lanes, paths and facilities, and pedestrian walks and paths,
but not including additional automobile lanes;
(g) Grading, excavating, filling, septic tank installations, and
landscaping necessary for any building or facility exempted under this
section, as well as fencing and the construction of small structures
and minor facilities accessory thereto;
(h) The installation of impervious underground tanks having a
capacity of ten thousand gallons or fewer or multiple tanks having a
capacity of one hundred thousand gallons or fewer; and
(i) The removal of impervious underground tanks regardless of their
capacity.
(3) The exemptions provided in subsection (2)(f) through (i) of
this section apply to all licenses required to undertake the proposed
action, except where a rezone is required.
(4) Except when undertaken wholly or partly on lands covered by
water in a jurisdiction without a valid critical areas code under
chapter 36.70A RCW, the repair, remodeling, maintenance, or minor
alteration of existing private or public structures, facilities, or
equipment, including utilities, involving no material expansions are
exempt under subsection (1) of this section.
(a) The following maintenance activities are not exempt under this
subsection:
(i) Dredging;
(ii) The reconstruction or maintenance of groins and similar
shoreline protection structures;
(iii) The replacement of utility cables that must be buried under
the surface of the bedlands; or
(iv) The repair or rebuilding of major dams, dikes, and reservoirs.
(b) If undertaken wholly or partly on lands covered by water in a
jurisdiction without a valid critical areas code under chapter 36.70A
RCW, only minor repairs or replacement of structures, including the
repair or replacement of piling, ramps, floats, or mooring buoys, or
minor repair, alteration, or maintenance of docks are exempt under
subsection (1) of this section.
(5) Except when undertaken on lands covered by water in a
jurisdiction without a valid critical areas code under chapter 36.70A
RCW, the approval of short plats or short subdivisions under RCW
58.17.060 are exempt under subsection (1) of this section. Further
short subdivisions or short platting within a plat or subdivision are
also exempt when the total lots do not exceed nine.
(6) All technical codes meeting minimum standards are exempt from
the requirements of this chapter.
(7) Except when undertaken wholly or partly on lands covered by
water in a jurisdiction without a valid critical areas code under
chapter 36.70A RCW, the following types of utility-related actions are
exempt under subsection (1) of this section:
(a) All storm water, water and sewer facilities, lines, equipment,
hookups, or appurtenances, including, utilizing, or related to lines
twenty-four inches or fewer in diameter.
(b) The exemption includes installation and construction,
relocation when required by other governmental bodies, repair,
replacement, maintenance, operation, or alteration, that does not
change the action from an exempt class.
NEW SECTION. Sec. 2 (1) The office of regulatory assistance
shall develop recommendations for improving how the state environmental
policy act affects state and local permitting processes, including
recommendations for potential revisions to state statutes or agency
rules designed to reduce unnecessary costs, time, and duplication in
the state and local permitting processes while still ensuring effective
and consistent environmental protection.
(2) The report must be submitted by November 1, 2011, to the
governor and the legislature consistent with RCW 43.01.036. The
recommendations must be developed after soliciting comments and
considering the input of state agencies, local governments, relevant
stakeholders, two members of the house of representatives appointed by
the speaker of the house of representatives, one from each of the two
largest caucuses, and two members of the state senate appointed by the
president of the senate, one from each of the two largest caucuses.
(3) This section expires July 31, 2012."
Correct the title.
EFFECT: Changes the categorical exemptions created in the
underlying bill by: (1) Establishing exemptions levels that apply to
proposed actions regardless of whether the action occurs within an
urban growth area, outside an urban growth area, or within a
jurisdiction that is partially planning; and (2) modifying the
exemption level;
Removes the provision created in the underlying bill that allowed
a city or county to establish an alternative exemption level;
Removes the categorical exemption created in the underlying bill
for temporary farmers markets or mobile food vendors;
Removes the provision created in the underlying bill that required
public notice concerning categorically exempt activities;
Removes the provision requiring any action taken by the department
of ecology to implement the provisions of the bill within existing
resources; and
Requires the office of regulatory assistance to develop
recommendations for improving how the state environmental policy act
affects state and local permitting processes and provide a report to
the governor and legislature.