2SHB 1952 -
By Representative Upthegrove
ADOPTED AS AMENDED 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)(a) Except as provided in this section, the proposed actions
contained in this section are categorically exempt from the
requirements of this chapter if the proposed action is located within
or outside an urban growth area designated under RCW 36.70A.110, and
the city or county in which the proposed action is located adopts an
exemption level consistent with this section. If a 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.
(b) Any categorical exemption adopted by a city or county under
this section is subject to the rules of the department of ecology
adopted according to RCW 43.21C.110 that provide exceptions to the use
of categorical exemptions.
(2)(a) As part of adopting the exemption levels under this section,
a city or county shall confirm, by ordinance or resolution, that
adequate environmental analysis, protection, and mitigation for the
adverse environmental impacts from the specified levels of action are
provided by applicable local, state, or federal regulations. A city or
county adopting an ordinance or resolution under this subsection shall
provide written notice to all agencies with jurisdiction.
(b) If the confirmation made under (a) of this subsection relies in
part on existing regulations, including rules or laws, of another
agency with jurisdiction, the city or county shall provide written
notice to that agency and consider agency comments, and shall condition
its project approval on compliance with all such applicable
regulations.
(c) An ordinance or resolution adopted by a city or county under
(a) of this subsection may:
(i) Establish lower exemption levels for specific geographic areas
within the city or county; and
(ii) Specify varying exemption levels for the elements of the
natural or built environment that are included in the confirmation made
under (a) of this subsection.
(3)(a) Except as provided in subsection (1)(b) of this section, the
following types of construction are categorically exempt from the
requirements of this chapter if the proposed action is located within
an urban growth area designated under RCW 36.70A.110:
(i) The construction or location of single-family residential
developments of fifty dwelling units or fewer;
(ii) The construction or location of multifamily residential
developments of eighty dwelling units or fewer;
(iii) 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 seventy-five 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;
(iv) The construction of an office, school, commercial,
recreational, service, or storage building with thirty thousand or
fewer square feet of gross floor area, and with associated parking
facilities designed for one hundred automobiles or fewer;
(v) The construction of a parking lot designed for one hundred
automobiles or fewer; and
(vi) Any landfill or excavation of one thousand two hundred cubic
yards or fewer of disturbed area throughout the total lifetime of the
fill or excavation.
(b) If a city or county does not adopt an exemption level
consistent with this subsection, the exemption levels established by
rule by the department of ecology in accordance with RCW 43.21C.110
apply.
(4)(a) Except as provided in subsection (1)(b) of this section, the
following types of construction are categorically exempt from the
requirements of this chapter if the proposed action is located outside
an urban growth area designated under RCW 36.70A.110:
(i) The construction or location of single-family residential
developments of thirty-five dwelling units or fewer;
(ii) 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 fifty 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;
(iii) The construction of an office, school, commercial,
recreational, service, or storage building with twenty-one thousand or
fewer square feet of gross floor area, and with associated parking
facilities designed for seventy automobiles or fewer; and
(iv) Any landfill or excavation of eight hundred seventy-five cubic
yards or fewer of disturbed area throughout the total lifetime of the
fill or excavation.
(b) If a city or county does not adopt an exemption level
consistent with this subsection, the exemption levels established by
rule by the department of ecology in accordance with RCW 43.21C.110
apply.
(5) This section expires July 31, 2013.
NEW SECTION. Sec. 2 A new section is added to chapter 43.21C RCW
to read as follows:
(1) The department of ecology shall initiate expedited rule making
under chapter 34.05 RCW to adopt categorical exemptions and exemption
levels consistent with section 1 of this act and this section.
(2)(a) Except as provided in (b) of this subsection, the exemption
levels adopted by the department of ecology may be lower or higher than
the exemption levels provided in section 1 of this act.
(b) If the department of ecology determines that a lower exemption
level is demonstrably necessary to achieve the goals of this chapter,
the department of ecology may adopt exemption levels that are lower
than the exemption levels provided in section 1 of this act. In no
circumstances may the exemption levels adopted by the department of
ecology under this section be lower than the exemption levels provided
in WAC 197-11-800 as it exists on the effective date of this section.
(c) The department of ecology may not use this section to adopt
rules concerning any issue not specifically addressed under this
section.
(3) All rules adopted by the department of ecology under this
section must be adopted and effective by July 31, 2013.
(4)(a) By July 31, 2012, the department of ecology shall provide a
report to the legislature concerning the progress of its rule making
initiated under this section.
(b) By July 31, 2013, the department of ecology shall provide a
report concerning the outcome of its rule making initiated under this
section, including the rationale used by the department of ecology in
determining exemption levels.
(c) The reports required under this subsection must be submitted to
the legislature consistent with RCW 43.01.036.
(5) This section expires July 31, 2014.
NEW SECTION. Sec. 3 A new section is added to chapter 43.21C RCW
to read as follows:
Temporary farmers markets or mobile food vendors on previously
developed sites covering up to thirty thousand square feet are
categorically exempt from the requirements of this chapter.
NEW SECTION. Sec. 4 A new section is added to chapter 43.21C RCW
to read as follows:
(1) The utility-related actions listed in subsection (2) of this
section are categorically exempt from the requirements of this chapter,
except for installation, construction, or alteration on lands covered
by water. 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.
(2) Except as provided in subsection (1) of this section, the
following are categorically exempt from the requirements of this
chapter:
(a) Installing electric facilities, lines, equipment, or
appurtenances, not including substations, with an associated voltage of
one hundred fifteen thousand volts or fewer;
(b) Building over existing distribution lines with transmission
lines of one hundred fifteen thousand volts or more; and
(c) Placing electric facilities, lines, equipment, or appurtenances
underground.
(3) The department of ecology may adopt additional categorical
exemptions for utility-related actions in accordance with RCW
43.21C.110.
NEW SECTION. Sec. 5 Any action taken by the department of
ecology to implement the provisions of this act must be accomplished
within existing resources."
Correct the title.
EFFECT: Allows a city or county to adopt certain categorical
exemptions created in the underlying bill and modifies the exemption
levels for categorical exemptions for actions that are both within or
outside an urban growth area;
Requires a city or county, prior to using the exemption levels
created by the bill, to confirm by ordinance or resolution that
adequate environmental analysis, protection, and mitigation for the
adverse environmental impacts are provided by applicable regulations;
Removes certain categorical exemptions from the underlying bill,
including removing all exemptions specific to jurisdictions that are
partially planning under the growth management act as well as removing
other exemptions for actions within or outside an urban growth area;
Creates an expiration date of July 31, 2013, for certain
categorical exemptions;
Requires the department of ecology (DOE) to initiate expedited rule
making to adopt certain categorical exemptions and exemption levels
created by the bill and permits the exemption levels to be lower or
higher than those created by the bill;
Requires the DOE to provide reports to the legislature concerning
the progress and outcome of the required rule making;
Creates a categorical exemption for certain utility-related actions
related to electricity facilities and lines and allows the DOE to adopt
other categorical exemptions for utility-related actions; and
Removes the section created in the underlying bill that required
public notice concerning categorically exempt activities.