BILL REQ. #:  H-3822.1 

Read first time 01/25/12.   Referred to Committee on Environment.

     AN ACT Relating to categorically exempting certain nonproject actions by local governments from environmental review under the state environmental policy act; and adding a new section to chapter 43.21C RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 43.21C RCW to read as follows:
     (1)(a) Except as otherwise provided in this subsection (1), the proposed actions contained in subsections (2) and (3) of this section are categorically exempt from the requirements of this chapter. If a proposed action is located in more than one county, city, or town, the lower of the agencies' adopted categorical exemption levels controls, regardless of which agency is the lead agency.
     (b) An ordinance or resolution may be adopted by a city, county, or town to establish lower exemption levels for specific geographic areas within the city, county, or town and remove the otherwise exempt proposed actions identified in subsections (2) and (3) of this section from being considered exempt.
     (2) Except as provided in subsection (1)(b) of this section, the following actions are categorically exempt from the requirements of this chapter if the proposed action is located within an urban growth area designated pursuant to RCW 36.70A.110:
     The following are nonproject actions:
     (a) 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;
     (b) 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;
     (c) Amendments to development regulations that, upon implementation of a project action, will provide increased environmental protection, limited to the following:
     (i) Increased protections for critical areas, such as enhanced buffers or setbacks;
     (ii) Increased vegetation retention or decreased impervious surface areas in shoreline jurisdiction; and
     (iii) Increased vegetation retention or decreased impervious surface areas in critical areas;
     (b) Amendments to technical codes adopted by a county, city, or town to ensure consistency with minimum standards contained in state law, including the following:
     (i) Building codes required by chapter 19.27 RCW;
     (ii) Energy codes required by chapter 19.27A RCW; and
     (iii) Electrical codes required by chapter 19.28 RCW.
     (3) 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 pursuant to RCW 36.70A.110:
     The following are nonproject actions:
     (a) 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;
     (b) 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;
     (c) Amendments to development regulations that, upon implementation of a project action, will provide increased environmental protection, limited to the following:
     (i) Increased protections for critical areas such as enhanced buffers or setbacks;
     (ii) Increased vegetation retention or decreased impervious surface areas in shoreline jurisdiction; and
     (iii) Increased vegetation retention or decreased impervious surface areas in critical areas;
     (d) Amendments to technical codes adopted by a county, city, or town to ensure consistency with minimum standards contained in state law, including the following:
     (i) Building codes required by chapter 19.27 RCW;
     (ii) Energy codes required by chapter 19.27A RCW; and
     (iii) Electrical codes required by chapter 19.28 RCW.