ESHB 1265 -
By Committee on Government Operations, Tribal Relations & Elections
NOT CONSIDERED 05/25/2011
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 (1) The legislature recognizes that land
use planning actions deliberated in and approved and mitigated by one
jurisdiction can significantly affect one or more neighboring
jurisdictions. The impacts of the land use planning actions of a
neighboring jurisdiction can be especially pronounced when geographic
and public infrastructure limitations substantially affect permitted
development and the resulting impacts upon neighboring jurisdictions.
(2) The legislature, therefore, in the spirit of cooperation and
collaboration, intends to promote shared responsibilities under the
state environmental policy act in those extraordinary instances where
geographic and public infrastructure limitations create circumstances
in which the land use planning actions of one jurisdiction
significantly impact one or more neighboring jurisdictions.
NEW SECTION. Sec. 2 A new section is added to chapter 43.21C RCW
to read as follows:
(1)(a) For a proposed project that meets the criteria in subsection
(2) of this section, the county within which the proposed project is
located shall be the lead agency on any environmental impact statement
prepared pursuant to RCW 43.21C.030(2)(c) and shall be responsible for
the preparation of all the segments of the environmental impact
statement except as provided in (b) of this subsection. The lead
agency must notify any agency which qualifies pursuant to (b) of this
subsection of the timeline and proposed completion date for the
environmental impact statement.
(b) Any city whose facilities and residents will receive the
majority of the transportation impacts must be the lead agency for the
transportation segment of the environmental impact statement prepared
pursuant to RCW 43.21C.030(2)(c) and shall be responsible for
development, completeness, and accuracy of the transportation segment.
The transportation segment must be submitted to the lead agency
identified in (a) of this subsection by the completion date. Failure
by the lead agency for the transportation segment to comply with the
completion date shall result in default to the lead agency described in
(a) of this subsection. The transportation segment must be included in
the environmental impact statement prepared pursuant to RCW
43.21C.030(2)(c) as submitted by the lead agency for the transportation
segment.
(2) Subsection (1) of this section applies only to project actions
in or affecting unincorporated portions of urban growth areas
designated under RCW 36.70A.110 that:
(a) Border Puget Sound;
(b) Are surrounded on the landward side entirely by one or more
cities;
(c) Are one or more miles from any other portion of an urban growth
area that is in unincorporated territory; and
(d) Are fifty or more acres in size.
(3) Unless the context clearly requires otherwise, for purposes of
this section, "agency" or "agencies" means a county, city, or town."
ESHB 1265 -
By Committee on Government Operations, Tribal Relations & Elections
NOT CONSIDERED 05/25/2011
On page 1, line 2 of the title, after "areas;" strike the remainder of the title and insert "adding a new section to chapter 43.21C RCW; and creating a new section."