E2SHB 2253 -
By Representative Fitzgibbon
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 (1) The legislature recognizes that the
rule-based categorical exemption thresholds to chapter 43.21C RCW,
found in WAC 197-11-800, have not been updated in recent years, and
should be reviewed in light of the increased environmental protections
in place under chapters 36.70A and 90.58 RCW, and other laws. It is
the intent of the legislature to direct the department of ecology to
conduct two phases of rule making over the next two years to increase
the thresholds for these categorical exemptions.
(2) By December 31, 2012, the department of ecology shall increase
the rule-based categorical exemptions to chapter 43.21C RCW found in
WAC 197-11-800 and update the environmental checklist found in WAC 197-11-960. In updating the categorical exemptions, the department of
ecology must:
(a) At a minimum, increase the existing maximum threshold levels
for the following project types:
(i) The construction or location of single-family residential
developments;
(ii) The construction or location of multifamily residential
developments;
(iii) The construction of an agricultural structure, other than a
feed lot, that is similar to the following: A barn, a loafing shed, a
farm equipment storage building, or a produce storing or packing
structure;
(iv) The construction of the following, including any associated
parking areas or facilities: An office, a school, a commercial
building, a recreational building, a service building, or a storage
building;
(v) Landfilling or excavation activities; and
(vi) The installation of an electric facility, lines, equipment, or
appurtenances, other than substations.
(b) Establish maximum exemption levels for action types that differ
based on whether the project is proposed to occur in:
(i) An incorporated city;
(ii) An unincorporated area within an urban growth area;
(iii) An unincorporated area outside of an urban growth area but
within a county planning under chapter 36.70A RCW; or
(iv) An unincorporated area within a county not planning under
chapter 36.70A RCW.
(c) In updating the environmental checklist found in WAC 197-11-960, the department of ecology shall:
(i) Improve efficiency of the environmental checklist; and
(ii) Not include any new subjects into the scope of the checklist,
including climate change and greenhouse gases.
(d) Until the completion of the rule making required under this
section, a city or county may apply the highest categorical exemption
levels authorized under WAC 197-11-800 to any action, regardless if the
city or county with jurisdiction has exercised its authority to raise
the exemption levels above the established minimums, unless the city or
county with jurisdiction passes an ordinance or resolution that lowers
the exemption levels to a level below the allowed maximum but not less
than the default minimum levels detailed in WAC 197-11-800.
(3)(a) By December 31, 2013, the department of ecology shall:
(i) Update, but not decrease, the thresholds for all other project
actions not specified in subsection (2) of this section;
(ii) Propose methods for integrating the state environmental policy
act process with provisions of the growth management act, chapter
36.70A RCW, including consideration of ways to revise WAC 197- 11-210
through 197-11-232 to further the goals of RCW 43.21C.240; and
(iii) Create minor code amendments for which review under chapter
43.21C RCW would not be required because they do not lessen
environmental protection.
(b) During this process, the department of ecology may also review
and update the thresholds resulting from the 2012 rule-making process
outlined in subsection (2) of this section.
(4)(a) The department of ecology shall convene an advisory
committee consisting of members representing, at minimum, cities,
counties, business interests, environmental interests, agricultural
interests, cultural resources interests, state agencies, and tribal
governments to:
(i) Assist in updating the environmental checklist and updating the
thresholds for other project actions for both rule-making processes
under subsections (2) and (3) of this section;
(ii) Ensure that state agencies and other interested parties can
receive notice about projects of interest through notice under chapter
43.21C RCW and means other than chapter 43.21C RCW; and
(iii) Ensure that federally recognized tribes receive notice about
projects that impact tribal interests through notice under chapter
43.21C RCW and means other than chapter 43.21C RCW.
(b) Advisory committee members must have direct experience with the
implementation or application of the state environmental policy act.
(5) This section expires July 31, 2014.
Sec. 2 RCW 43.21C.031 and 1995 c 347 s 203 are each amended to
read as follows:
(1) An environmental impact statement (the detailed statement
required by RCW 43.21C.030(2)(c)) shall be prepared on proposals for
legislation and other major actions having a probable significant,
adverse environmental impact. The environmental impact statement may
be combined with the recommendation or report on the proposal or issued
as a separate document. The substantive decisions or recommendations
shall be clearly identifiable in the combined document. Actions
categorically exempt under RCW 43.21C.110(1)(a) and section 7 of this
act do not require environmental review or the preparation of an
environmental impact statement under this chapter. ((In a county,
city, or town planning under RCW 36.70A.040, a planned action, as
provided for in subsection (2) of this section, does not require a
threshold determination or the preparation of an environmental impact
statement under this chapter, but is subject to environmental review
and mitigation as provided in this chapter.))
(2) An environmental impact statement is required to analyze only
those probable adverse environmental impacts which are significant.
Beneficial environmental impacts may be discussed. The responsible
official shall consult with agencies and the public to identify such
impacts and limit the scope of an environmental impact statement. The
subjects listed in RCW 43.21C.030(2)(c) need not be treated as separate
sections of an environmental impact statement. Discussions of
significant short-term and long-term environmental impacts, significant
irrevocable commitments of natural resources, significant alternatives
including mitigation measures, and significant environmental impacts
which cannot be mitigated should be consolidated or included, as
applicable, in those sections of an environmental impact statement
where the responsible official decides they logically belong.
(((2)(a) For purposes of this section, a planned action means one
or more types of project action that:))
(i) Are designated planned actions by an ordinance or resolution
adopted by a county, city, or town planning under RCW 36.70A.040;
(ii) Have had the significant impacts adequately addressed in an
environmental impact statement prepared in conjunction with (A) a
comprehensive plan or subarea plan adopted under chapter 36.70A RCW, or
(B) a fully contained community, a master planned resort, a master
planned development, or a phased project;
(iii) Are subsequent or implementing projects for the proposals
listed in (a)(ii) of this subsection;
(iv) Are located within an urban growth area, as defined in RCW
36.70A.030;
(v) Are not essential public facilities, as defined in RCW
36.70A.200; and
(vi) Are consistent with a comprehensive plan adopted under chapter
36.70A RCW.
(b) A county, city, or town shall limit planned actions to certain
types of development or to specific geographical areas that are less
extensive than the jurisdictional boundaries of the county, city, or
town and may limit a planned action to a time period identified in the
environmental impact statement or the ordinance or resolution adopted
under this subsection.
NEW SECTION. Sec. 3 A new section is added to chapter 43.21C RCW
to read as follows:
(1) For purposes of this chapter, a planned action means one or
more types of development or redevelopment that meet the following
criteria:
(a) Are designated as planned actions by an ordinance or resolution
adopted by a county, city, or town planning under RCW 36.70A.040;
(b) Have had the significant impacts adequately addressed in an
environmental impact statement under the requirements of this chapter
in conjunction with, or to implement, a comprehensive plan or subarea
plan adopted under chapter 36.70A RCW, or a fully contained community,
a master planned resort, a master planned development, or a phased
project;
(c) Have had project level significant impacts adequately addressed
in an environmental impact statement unless the impacts are
specifically deferred for consideration at the project level pursuant
to subsection (3)(b) of this section;
(d) Are subsequent or implementing projects for the proposals
listed in (b) of this subsection;
(e) Are located within an urban growth area designated pursuant to
RCW 36.70A.110;
(f) Are not essential public facilities, as defined in RCW
36.70A.200, unless an essential public facility is accessory to or part
of a residential, office, school, commercial, recreational, service, or
industrial development that is designated a planned action under this
subsection; and
(g) Are consistent with a comprehensive plan or subarea plan
adopted under chapter 36.70A RCW.
(2) A county, city, or town shall define the types of development
included in the planned action and may limit a planned action to:
(a) A specific geographic area that is less extensive than the
jurisdictional boundaries of the county, city, or town; or
(b) A time period identified in the ordinance or resolution adopted
under this subsection.
(3)(a) A county, city, or town shall determine during permit review
whether a proposed project is consistent with a planned action
ordinance adopted by the jurisdiction. To determine project
consistency with a planned action ordinance, a county, city, or town
may utilize a modified checklist pursuant to the rules adopted to
implement RCW 43.21C.110, a form that is designated within the planned
action ordinance, or a form contained in agency rules adopted pursuant
to RCW 43.21C.120.
(b) A county, city, or town is not required to make a threshold
determination and may not require additional environmental review, for
a proposal that is determined to be consistent with the development or
redevelopment described in the planned action ordinance, except for
impacts that are specifically deferred to the project level at the time
of the planned action ordinance's adoption. At least one community
meeting must be held before the notice is issued for the planned action
ordinance. Notice for the planned action and notice of the community
meeting required by this subsection (3)(b) must be mailed or otherwise
verifiably provided to: (i) All affected federally recognized tribal
governments; and (ii) agencies with jurisdiction over the future
development anticipated for the planned action. The determination of
consistency, and the adequacy of any environmental review that was
specifically deferred, are subject to the type of administrative appeal
that the county, city, or town provides for the proposal itself
consistent with RCW 36.70B.060.
(4) For a planned action ordinance that encompasses the entire
jurisdictional boundary of a county, city, or town, at least one
community meeting must be held before the notice is issued for the
planned action ordinance. Notice for the planned action ordinance and
notice of the community meeting required by this subsection must be
mailed or otherwise verifiably provided to:
(a) All property owners of record within the county, city, or town;
(b) All affected federally recognized tribal governments; and
(c) All agencies with jurisdiction over the future development
anticipated for the planned action.
Sec. 4 RCW 43.21C.229 and 2003 c 298 s 1 are each amended to read
as follows:
(1) In order to accommodate infill development and thereby realize
the goals and policies of comprehensive plans adopted according to
chapter 36.70A RCW, a city or county planning under RCW 36.70A.040 is
authorized by this section to establish categorical exemptions from the
requirements of this chapter. An exemption adopted under this section
applies even if it differs from the categorical exemptions adopted by
rule of the department under RCW 43.21C.110(1)(a). An exemption may be
adopted by a city or county under this section if it meets the
following criteria:
(a) It categorically exempts government action related to
development ((that is new residential or mixed-use development))
proposed to fill in an urban growth area, designated according to RCW
36.70A.110, where current density and intensity of use in the area is
lower than called for in the goals and policies of the applicable
comprehensive plan and the development is either:
(i) Residential development;
(ii) Mixed-use development; or
(iii) Commercial development up to sixty-five thousand square feet,
excluding retail development;
(b) It does not exempt government action related to development
that is inconsistent with the applicable comprehensive plan or would
exceed the density or intensity of use called for in the goals and
policies of the applicable comprehensive plan; ((and))
(c) The local government considers the specific probable adverse
environmental impacts of the proposed action and determines that these
specific impacts are adequately addressed by the development
regulations or other applicable requirements of the comprehensive plan,
subarea plan element of the comprehensive plan, planned action
ordinance, or other local, state, or federal rules or laws; and
(d)(i) The city or county's applicable comprehensive plan was
previously subjected to environmental analysis through an environmental
impact statement under the requirements of this chapter prior to
adoption; or
(ii) The city or county has prepared an environmental impact
statement that considers the proposed use or density and intensity of
use in the area proposed for an exemption under this section.
(2) Any categorical exemption adopted by a city or county under
this section shall be subject to the rules of the department adopted
according to RCW 43.21C.110(1)(a) that provide exceptions to the use of
categorical exemptions adopted by the department.
NEW SECTION. Sec. 5 A new section is added to chapter 43.21C RCW
to read as follows:
(1) A county, city, or town may recover its reasonable expenses of
preparation of a nonproject environmental impact statement prepared
under RCW 43.21C.229 and section 3 of this act:
(a) Through access to financial assistance under RCW 36.70A.490;
(b) With funding from private sources; and
(c) By the assessment of fees consistent with the requirements and
limitations of this section.
(2)(a) A county, city, or town is authorized to assess a fee upon
subsequent development that will make use of and benefit from: (i) The
analysis in an environmental impact statement prepared for the purpose
of compliance with section 3 of this act regarding planned actions; or
(ii) the reduction in environmental analysis requirements resulting
from the exercise of authority under RCW 43.21C.229 regarding infill
development.
(b) The amount of the fee must be reasonable and proportionate to
the total expenses incurred by the county, city, or town in the
preparation of the environmental impact statement.
(3) A county, city, or town assessing fees under subsection (2)(a)
of this section must provide for a mechanism by which project
proponents may either elect to utilize the environmental review
completed by the lead agency and pay the fees under subsection (1) of
this section or certify that they do not want the local jurisdiction to
utilize the environmental review completed as a part of a planned
action and therefore not be assessed any associated fees. Project
proponents who choose this option may not make use of or benefit from
the up-front environmental review prepared by the local jurisdiction.
(4) Prior to the collection of fees, the county, city, or town must
enact an ordinance that establishes the total amount of expenses to be
recovered through fees and provides objective standards for determining
the fee amount to be imposed upon each development proposal
proportionate to the impacts of each development and to the benefits
accruing to each development from the nonproject environmental review.
The ordinance must provide (a) a procedure by which an applicant who
disagrees with whether the amount of the fee is correct, reasonable, or
proportionate may pay the fee with the written stipulation "paid under
protest"; and (b) if the county, city, or town provides for an
administrative appeal of its decision on the project for which the fees
are imposed, any dispute about the amount of the fees must be resolved
in the same administrative appeals process. Any disagreement about the
reasonableness, proportionality, or amount of the fees imposed upon a
development may not be the basis for delay in issuance of a project
permit for that development.
(5) The ordinance adopted under subsection (4) of this section must
make information available about the amount of the expenses designated
for recovery. When such expenses have been fully recovered, the
county, city, or town may no longer assess a fee under this section.
(6) Any fees collected under this section from subsequent
development may be used to reimburse funding received from private
sources to conduct the environmental review.
(7) The city, county, or town shall refund fees collected where a
court of competent jurisdiction determines that the environmental
review conducted under section 3 of this act, regarding planned
actions, or under RCW 43.21C.229, regarding infill development, was not
sufficient to comply with the requirements of this chapter regarding
the proposed development activity for which the fees were collected.
The applicant and the city, county, or town may mutually agree to a
partial refund or to waive the refund in the interest of resolving any
dispute regarding compliance with this chapter.
Sec. 6 RCW 82.02.020 and 2010 c 153 s 3 are each amended to read
as follows:
Except only as expressly provided in chapters 67.28, 81.104, and
82.14 RCW, the state preempts the field of imposing retail sales and
use taxes and taxes upon parimutuel wagering authorized pursuant to RCW
67.16.060, conveyances, and cigarettes, and no county, town, or other
municipal subdivision shall have the right to impose taxes of that
nature. Except as provided in RCW 64.34.440 and 82.02.050 through
82.02.090, no county, city, town, or other municipal corporation shall
impose any tax, fee, or charge, either direct or indirect, on the
construction or reconstruction of residential buildings, commercial
buildings, industrial buildings, or on any other building or building
space or appurtenance thereto, or on the development, subdivision,
classification, or reclassification of land. However, this section
does not preclude dedications of land or easements within the proposed
development or plat which the county, city, town, or other municipal
corporation can demonstrate are reasonably necessary as a direct result
of the proposed development or plat to which the dedication of land or
easement is to apply.
This section does not prohibit voluntary agreements with counties,
cities, towns, or other municipal corporations that allow a payment in
lieu of a dedication of land or to mitigate a direct impact that has
been identified as a consequence of a proposed development,
subdivision, or plat. A local government shall not use such voluntary
agreements for local off-site transportation improvements within the
geographic boundaries of the area or areas covered by an adopted
transportation program authorized by chapter 39.92 RCW. Any such
voluntary agreement is subject to the following provisions:
(1) The payment shall be held in a reserve account and may only be
expended to fund a capital improvement agreed upon by the parties to
mitigate the identified, direct impact;
(2) The payment shall be expended in all cases within five years of
collection; and
(3) Any payment not so expended shall be refunded with interest to
be calculated from the original date the deposit was received by the
county and at the same rate applied to tax refunds pursuant to RCW
84.69.100; however, if the payment is not expended within five years
due to delay attributable to the developer, the payment shall be
refunded without interest.
No county, city, town, or other municipal corporation shall require
any payment as part of such a voluntary agreement which the county,
city, town, or other municipal corporation cannot establish is
reasonably necessary as a direct result of the proposed development or
plat.
Nothing in this section prohibits cities, towns, counties, or other
municipal corporations from collecting reasonable fees from an
applicant for a permit or other governmental approval to cover the cost
to the city, town, county, or other municipal corporation of processing
applications, inspecting and reviewing plans, or preparing detailed
statements required by chapter 43.21C RCW, including reasonable fees
that are consistent with RCW 43.21C.420(6) and section 5 of this act.
This section does not limit the existing authority of any county,
city, town, or other municipal corporation to impose special
assessments on property specifically benefited thereby in the manner
prescribed by law.
Nothing in this section prohibits counties, cities, or towns from
imposing or permits counties, cities, or towns to impose water, sewer,
natural gas, drainage utility, and drainage system charges. However,
no such charge shall exceed the proportionate share of such utility or
system's capital costs which the county, city, or town can demonstrate
are attributable to the property being charged. Furthermore, these
provisions may not be interpreted to expand or contract any existing
authority of counties, cities, or towns to impose such charges.
Nothing in this section prohibits a transportation benefit district
from imposing fees or charges authorized in RCW 36.73.120 nor prohibits
the legislative authority of a county, city, or town from approving the
imposition of such fees within a transportation benefit district.
Nothing in this section prohibits counties, cities, or towns from
imposing transportation impact fees authorized pursuant to chapter
39.92 RCW.
Nothing in this section prohibits counties, cities, or towns from
requiring property owners to provide relocation assistance to tenants
under RCW 59.18.440 and 59.18.450.
Nothing in this section limits the authority of counties, cities,
or towns to implement programs consistent with RCW 36.70A.540, nor to
enforce agreements made pursuant to such programs.
This section does not apply to special purpose districts formed and
acting pursuant to Title 54, 57, or 87 RCW, nor is the authority
conferred by these titles affected.
NEW SECTION. Sec. 7 A new section is added to chapter 43.21C RCW
to read as follows:
The following nonproject actions are categorically exempt from the
requirements of this chapter:
(1) Amendments to development regulations that are required to
ensure consistency with an adopted comprehensive plan pursuant to RCW
36.70A.040, where the comprehensive plan was previously subjected to
environmental review pursuant to this chapter and the impacts
associated with the proposed regulation were specifically addressed in
the prior environmental review;
(2) Amendments to development regulations that are required to
ensure consistency with a shoreline master program approved pursuant to
RCW 90.58.090, where the shoreline master program was previously
subjected to environmental review pursuant to this chapter and the
impacts associated with the proposed regulation were specifically
addressed in the prior environmental review;
(3) Amendments to development regulations that, upon implementation
of a project action, will provide increased environmental protection,
limited to the following:
(a) Increased protections for critical areas, such as enhanced
buffers or setbacks;
(b) Increased vegetation retention or decreased impervious surface
areas in shoreline jurisdiction; and
(c) Increased vegetation retention or decreased impervious surface
areas in critical areas;
(4) Amendments to technical codes adopted by a county, city, or
town to ensure consistency with minimum standards contained in state
law, including the following:
(a) Building codes required by chapter 19.27 RCW;
(b) Energy codes required by chapter 19.27A RCW; and
(c) Electrical codes required by chapter 19.28 RCW.
NEW SECTION. Sec. 8 A new section is added to chapter 43.21C RCW
to read as follows:
(1) The lead agency for an environmental review under this chapter
utilizing an environmental checklist developed by the department of
ecology pursuant to RCW 43.21C.110 may identify within the checklist
provided to applicants instances where questions on the checklist are
adequately covered by a locally adopted ordinance, development
regulation, land use plan, or other legal authority.
(2) If a lead agency identifies an instance as described in
subsection (1) of this section, it still must consider whether the
action has an impact on the particular element or elements of the
environment in question.
(3) In instances where the locally adopted ordinance, development
regulation, land use plan, or other legal authority provide the
necessary information to answer a specific question, the lead agency
must explain how the proposed project satisfies the underlying local
legal authority.
(4) If the lead agency identifies instances where questions on the
checklist are adequately covered by a locally adopted ordinance,
development regulation, land use plan, or other legal authority, an
applicant may still provide answers to any questions on the checklist.
(5) Nothing in this section authorizes a lead agency to ignore or
delete a question on the checklist.
(6) Nothing in this section changes the standard for whether an
environmental impact statement is required for an action that may have
a probable significant, adverse environmental impact pursuant to RCW
43.21C.030.
(7) Nothing in this section affects the appeal provisions provided
in this chapter.
(8) Nothing in this section modifies existing rules for determining
the lead agency, as defined in WAC 197-11-922 through 197-11-948, nor
does it modify agency procedures for complying with the state
environmental policy act when an agency other than a local government
is serving as the lead agency.
Sec. 9 RCW 36.70A.490 and 1995 c 347 s 115 are each amended to
read as follows:
The growth management planning and environmental review fund is
hereby established in the state treasury. Moneys may be placed in the
fund from the proceeds of bond sales, tax revenues, budget transfers,
federal appropriations, gifts, or any other lawful source. Moneys in
the fund may be spent only after appropriation. Moneys in the fund
shall be used to make grants or loans to local governments for the
purposes set forth in RCW 43.21C.240, 43.21C.031, or 36.70A.500. Any
payment of either principal or interest, or both, derived from loans
made from this fund must be deposited into the fund.
Sec. 10 RCW 36.70A.500 and 1997 c 429 s 28 are each amended to
read as follows:
(1) The department of ((community, trade, and economic
development)) commerce shall provide management services for the growth
management planning and environmental review fund created by RCW
36.70A.490. The department shall establish procedures for fund
management. The department shall encourage participation in the grant
or loan program by other public agencies. The department shall develop
the grant or loan criteria, monitor the grant or loan program, and
select grant or loan recipients in consultation with state agencies
participating in the grant or loan program through the provision of
grant or loan funds or technical assistance.
(2) A grant or loan may be awarded to a county or city that is
required to or has chosen to plan under RCW 36.70A.040 and that is
qualified pursuant to this section. The grant or loan shall be
provided to assist a county or city in paying for the cost of preparing
an environmental analysis under chapter 43.21C RCW, that is integrated
with a comprehensive plan, subarea plan, plan element, countywide
planning policy, development regulation, monitoring program, or other
planning activity adopted under or implementing this chapter that:
(a) Improves the process for project permit review while
maintaining environmental quality; or
(b) Encourages use of plans and information developed for purposes
of complying with this chapter to satisfy requirements of other state
programs.
(3) In order to qualify for a grant or loan, a county or city
shall:
(a) Demonstrate that it will prepare an environmental analysis
pursuant to chapter 43.21C RCW and subsection (2) of this section that
is integrated with a comprehensive plan, subarea plan, plan element,
countywide planning policy, development regulations, monitoring
program, or other planning activity adopted under or implementing this
chapter;
(b) Address environmental impacts and consequences, alternatives,
and mitigation measures in sufficient detail to allow the analysis to
be adopted in whole or in part by applicants for development permits
within the geographic area analyzed in the plan;
(c) Demonstrate that procedures for review of development permit
applications will be based on the integrated plans and environmental
analysis;
(d) Include mechanisms to monitor the consequences of growth as it
occurs in the plan area and to use the resulting data to update the
plan, policy, or implementing mechanisms and associated environmental
analysis;
(e) Demonstrate substantial progress towards compliance with the
requirements of this chapter. A county or city that is more than six
months out of compliance with a requirement of this chapter is deemed
not to be making substantial progress towards compliance; and
(f) Provide local funding, which may include financial
participation by the private sector.
(4) In awarding grants or loans, the department shall give
preference to proposals that include one or more of the following
elements:
(a) Financial participation by the private sector, or a
public/private partnering approach;
(b) Identification and monitoring of system capacities for elements
of the built environment, and to the extent appropriate, of the natural
environment;
(c) Coordination with state, federal, and tribal governments in
project review;
(d) Furtherance of important state objectives related to economic
development, protection of areas of statewide significance, and siting
of essential public facilities;
(e) Programs to improve the efficiency and effectiveness of the
permitting process by greater reliance on integrated plans and
prospective environmental analysis;
(f) Programs for effective citizen and neighborhood involvement
that contribute to greater likelihood that planning decisions can be
implemented with community support; ((and))
(g) Programs to identify environmental impacts and establish
mitigation measures that provide effective means to satisfy concurrency
requirements and establish project consistency with the plans; or
(h) Environmental review that addresses the impacts of increased
density or intensity of comprehensive plans, subarea plans, or
receiving areas designated by a city or town under the regional
transfer of development rights program in chapter 43.362 RCW.
(5) If the local funding includes funding provided by other state
functional planning programs, including open space planning and
watershed or basin planning, the functional plan shall be integrated
into and be consistent with the comprehensive plan.
(6) State agencies shall work with grant or loan recipients to
facilitate state and local project review processes that will implement
the projects receiving grants or loans under this section.
Sec. 11 RCW 43.21C.110 and 1997 c 429 s 47 are each amended to
read as follows:
It shall be the duty and function of the department of ecology:
(1) To adopt and amend ((thereafter)) rules of interpretation and
implementation of this chapter, subject to the requirements of chapter
34.05 RCW, for the purpose of providing uniform rules and guidelines to
all branches of government including state agencies, political
subdivisions, public and municipal corporations, and counties. The
proposed rules shall be subject to full public hearings requirements
associated with rule ((promulgation)) adoption. Suggestions for
modifications of the proposed rules shall be considered on their
merits, and the department shall have the authority and responsibility
for full and appropriate independent ((promulgation and)) adoption of
rules, assuring consistency with this chapter as amended and with the
preservation of protections afforded by this chapter. The rule-making
powers authorized in this section shall include, but shall not be
limited to, the following phases of interpretation and implementation
of this chapter:
(a) Categories of governmental actions which are not to be
considered as potential major actions significantly affecting the
quality of the environment, including categories pertaining to
applications for water right permits pursuant to chapters 90.03 and
90.44 RCW. The types of actions included as categorical exemptions in
the rules shall be limited to those types which are not major actions
significantly affecting the quality of the environment. The rules
shall provide for certain circumstances where actions which potentially
are categorically exempt require environmental review. An action that
is categorically exempt under the rules adopted by the department may
not be conditioned or denied under this chapter.
(b) Rules for criteria and procedures applicable to the
determination of when an act of a branch of government is a major
action significantly affecting the quality of the environment for which
a detailed statement is required to be prepared pursuant to RCW
43.21C.030.
(c) Rules and procedures applicable to the preparation of detailed
statements and other environmental documents, including but not limited
to rules for timing of environmental review, obtaining comments, data
and other information, and providing for and determining areas of
public participation which shall include the scope and review of draft
environmental impact statements.
(d) Scope of coverage and contents of detailed statements assuring
that such statements are simple, uniform, and as short as practicable;
statements are required to analyze only reasonable alternatives and
probable adverse environmental impacts which are significant, and may
analyze beneficial impacts.
(e) Rules and procedures for public notification of actions taken
and documents prepared.
(f) Definition of terms relevant to the implementation of this
chapter including the establishment of a list of elements of the
environment. Analysis of environmental considerations under RCW
43.21C.030(2) may be required only for those subjects listed as
elements of the environment (or portions thereof). The list of
elements of the environment shall consist of the "natural" and "built"
environment. The elements of the built environment shall consist of
public services and utilities (such as water, sewer, schools, fire and
police protection), transportation, environmental health (such as
explosive materials and toxic waste), and land and shoreline use
(including housing, and a description of the relationships with land
use and shoreline plans and designations, including population).
(g) Rules for determining the obligations and powers under this
chapter of two or more branches of government involved in the same
project significantly affecting the quality of the environment.
(h) Methods to assure adequate public awareness of the preparation
and issuance of detailed statements required by RCW 43.21C.030(2)(c).
(i) To prepare rules for projects setting forth the time limits
within which the governmental entity responsible for the action shall
comply with the provisions of this chapter.
(j) Rules for utilization of a detailed statement for more than one
action and rules improving environmental analysis of nonproject
proposals and encouraging better interagency coordination and
integration between this chapter and other environmental laws.
(k) Rules relating to actions which shall be exempt from the
provisions of this chapter in situations of emergency.
(l) Rules relating to the use of environmental documents in
planning and decision making and the implementation of the substantive
policies and requirements of this chapter, including procedures for
appeals under this chapter.
(m) Rules and procedures that provide for the integration of
environmental review with project review as provided in RCW 43.21C.240.
The rules and procedures shall be jointly developed with the department
of ((community, trade, and economic development)) commerce and shall be
applicable to the preparation of environmental documents for actions in
counties, cities, and towns planning under RCW 36.70A.040. The rules
and procedures shall also include procedures and criteria to analyze
planned actions under ((RCW 43.21C.031(2))) section 3 of this act and
revisions to the rules adopted under this section to ensure that they
are compatible with the requirements and authorizations of chapter 347,
Laws of 1995, as amended by chapter 429, Laws of 1997. Ordinances or
procedures adopted by a county, city, or town to implement the
provisions of chapter 347, Laws of 1995 prior to the effective date of
rules adopted under this subsection (1)(m) shall continue to be
effective until the adoption of any new or revised ordinances or
procedures that may be required. If any revisions are required as a
result of rules adopted under this subsection (1)(m), those revisions
shall be made within the time limits specified in RCW 43.21C.120.
(2) In exercising its powers, functions, and duties under this
section, the department may:
(a) Consult with the state agencies and with representatives of
science, industry, agriculture, labor, conservation organizations,
state and local governments, and other groups, as it deems advisable;
and
(b) Utilize, to the fullest extent possible, the services,
facilities, and information (including statistical information) of
public and private agencies, organizations, and individuals, in order
to avoid duplication of effort and expense, overlap, or conflict with
similar activities authorized by law and performed by established
agencies.
(3) Rules adopted pursuant to this section shall be subject to the
review procedures of chapter 34.05 RCW.
Sec. 12 RCW 43.21C.095 and 1983 c 117 s 5 are each amended to
read as follows:
The rules ((promulgated)) adopted under RCW 43.21C.110 shall be
accorded substantial deference in the interpretation of this chapter.
NEW SECTION. Sec. 13 If specific funding for the purposes of
this act, referencing this act by bill or chapter number, is not
provided by June 30, 2012, in the omnibus appropriations act, this act
is null and void."
Correct the title
EFFECT: Removes the requirement that the department of ecology
(DOE) must create a categorical exemption for projects designed to
restore natural wildlife or fishery habitats or serve as environmental
mitigation for other projects by December 31, 2013. Adds the
requirement that by December 31, 2013, the DOE must create minor code
amendments for which state environmental policy act (SEPA) review is
not required because these amendments do not lessen environmental
protection. Specifies that the advisory committee the DOE is required
to convene to assist with both the 2012 and 2013 phases of rule making
must assist the DOE in ensuring that state agencies, tribes, and other
interested parties can receive notice about projects of interest
through notice under the SEPA, as well as through other means.
Adds the requirement that at least one community meeting must be
held before notice is issued for a planned action ordinance, regardless
of whether the planned action ordinance is jurisdiction-wide or not.
Requires notice for the planned action and notice of the community
meeting be provided by mail or otherwise verifiably provided to
affected federally recognized tribal governments, as well as agencies
with jurisdiction over the future development anticipated for the
planned action, regardless of whether the planned action ordinance is
jurisdiction-wide or not.
Adds the requirement that in order to adopt a categorical exemption
from the SEPA, a city or county must consider the specific probable
adverse environmental impacts of the proposed action and determine that
these specific impacts are adequately addressed by the development
regulations or other applicable requirements of the comprehensive plan,
subarea plan element of the comprehensive plan, planned action
ordinance, or other local, state, or federal rules or laws.
Replaces two sections of the underlying bill regarding cost
recovery options for local governments with one new section on the same
topic. The new section specifies that local governments may recover a
reasonable fee that is proportionate to the expenses incurred in
preparation of a nonproject environmental impact statement (EIS)
regarding planned actions and infill development. A project proponent
may elect to pay the fee; to pay the fee under protest because the fee
is disproportionate, unreasonable, or of an incorrect amount; or
certify that they do not want the local jurisdiction to use the
nonproject EIS. If a project proponent selects the latter, they may
not make use of or benefit from the up-front EIS prepared by the local
jurisdiction. Prior to collecting fees, a local government must enact
an ordinance establishing the total amount of expenses to be recovered
through fees. No fee may be assessed after the expenses have been
fully recovered. If a court holds the environmental review regarding
planned actions or infill development was not sufficient to comply with
the SEPA, the local government must refund the fees it collected for
the project. This requirement may be negotiated in order to reach a
settlement.
Specifies that under RCW 82.02.020, a local government is
authorized to collect reasonable fees consistent with the new cost
recovery section described above.
Removes amendments to development regulations that do not change
regulations applicable to allowed uses or activities, intensity,
density, building height, and a list of other specified activities from
the list of nonproject actions that are categorically exempt from the
requirements of the SEPA.
Specifies that when amendments are made to development regulations
that create nonproject categorical exemptions to the SEPA, the impacts
associated with the proposed regulations must be specifically addressed
in the prior environmental review process.
Adds a section that authorizes a local government to identify items
on the SEPA environmental checklist that are adequately covered by a
local ordinance, development regulation, land use plan, or other legal
authority. If a lead agency identifies such instances, it still must
consider the impact of the action on the particular environmental
element and explain how the proposed project satisfies the underlying
legal authority.
Removes the section of the underlying bill containing legislative
findings.
Removes the section of the underlying bill regarding notification
to tribal governments upon a lead agencies' receipt of a completed
environmental checklist, and instead specifies that the DOE and the
SEPA rule-making advisory committee must ensure that federally
recognized tribes receive notice about projects that impact tribal
interests through notice under the SEPA, as well as through other
means.
Adds a null and void clause.
Makes technical corrections.