BILL REQ. #:  H-2778.2 

Prefiled 12/02/13. Read first time 01/13/14.   Referred to Committee on Environment.

     AN ACT Relating to street, road, highway, and Washington state ferries facility construction, maintenance, or repair activities conducted in accordance with best management practices of the Washington state department of transportation; adding a new section to chapter 43.21C RCW; adding a new section to chapter 90.58 RCW; adding a new section to chapter 36.70A RCW; and adding a new section to chapter 47.28 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) New construction, or normal maintenance or repair activities, for streets, roads, highways, and Washington state ferries facilities are exempt from compliance with this chapter.
     (2) This section applies to new construction, or normal maintenance or repair activities, for streets, roads, highways, and Washington state ferries facilities conducted by or for counties, cities, or the Washington state department of transportation in accordance with best management practices required under section 4 of this act.

NEW SECTION.  Sec. 2   A new section is added to chapter 90.58 RCW to read as follows:
     (1) Guidelines adopted by the department and master programs developed or amended by local governments under RCW 90.58.080 do not require modification of or limit new construction, or normal maintenance or repair activities, for streets, roads, highways, and Washington state ferries facilities.
     (2) This section applies to new construction, or normal maintenance or repair activities, for streets, roads, highways, and Washington state ferries facilities conducted by or for counties, cities, or the Washington state department of transportation in accordance with best management practices required under section 4 of this act.

NEW SECTION.  Sec. 3   A new section is added to chapter 36.70A RCW to read as follows:
     (1) Comprehensive plans and development regulations do not require modification of or limit new construction, or normal maintenance or repair activities, for streets, roads, highways, and Washington state ferries facilities.
     (2) This section applies to new construction, or normal maintenance or repair activities, for streets, roads, highways, and Washington state ferries facilities conducted by or for counties, cities, or the Washington state department of transportation in accordance with best management practices required under section 4 of this act.

NEW SECTION.  Sec. 4   A new section is added to chapter 47.28 RCW to read as follows:
     Compliance with applicable environmental standards is presumed, unless site specific information demonstrates that new construction, or normal maintenance or repair activities, for streets, roads, highways, and Washington state ferries facilities conducted by or for the department causes or contributes to a violation of applicable environmental standards, when the department is fully implementing maintenance or repair activity best management practices contained in maintenance or repair activity manuals approved by the department and subject to any required environmental review or practices that are demonstrably equivalent to practices contained in maintenance or repair activity manuals approved by the department and subject to any required environmental review.