HOUSE BILL REPORT

SB 6741

BYSenators Amondson, Owen, Metcalf and Sutherland

Modifying permit requirements for substantial developments on shorelines as they relate to utility extensions.

House Committe on Environmental Affairs

Majority Report:  Do pass as amended.  (10)

      Signed by Representatives Rust, Chair; Valle, Vice Chair; Brekke, G. Fisher, Fraser, Phillips, Schoon, Sprenkle, Van Luven and Walker.

House Staff:Harry Reinert (786-7110)

AS PASSED HOUSE MARCH 1, 1990

BACKGROUND:

The Shorelines Management Act (SMA) was enacted in 1971 to, in part, "prevent the inherent harm in an uncoordinated and piecemeal development of the state's shorelines."  The SMA establishes a cooperative program between the state and local governments, with local governments having the primary, regulatory responsibility, and the state having an oversight and supportive role.  Under the SMA, local governments are required to submit master programs for approval by the Department of Ecology.  Proposed developments must be consistent with the SMA and the master program adopted by a local government.  A substantial development on the state's shorelines may not be undertaken without approval by the local government.  A substantial development is a project that costs over $2500 or that restricts public access to the shoreline.  There are a number of exceptions to the definition of a substantial development.

There are no statutory requirements on the time by which a local government must act on an application for a substantial development permit.  Public notice of the application must be provided and 30 days must be allowed for response to the proposal.  Construction may not begin on the project until 30 days after the permit is issued.

The State Environmental Policy Act (SEPA) allows certain activities to be defined by the Department of Ecology as categorically exempt from the impact statement requirements of SEPA.

SUMMARY:

The time period for public comment on a substantial development permit is reduced from 30 days to 20 days if:  1) an application is made to construct a utility service extension serving an existing use; and 2) the extension does not extend more than 2500 feet within the shoreline area.  Utility extensions would need to be categorically exempt under the State Environmental Policy Act (SEPA), and must be for water, sewer, natural gas, electricity, or telephone.  The local government must grant or deny the permit for such a proposal within 21 days after the comment period has ended.  Any appeal to the local government legislative authority must be decided within 30 days.  If the permit is granted, construction may not begin until seven days after the date the permit is filed with the Department of Ecology.  The local government must include in its public notice for the substantial development proposal a statement of how the public may obtain a copy of the local government's decision following its issuance.

Fiscal Note:      Available.

House Committee ‑ Testified For:    Tricia McKay, Washington Natural Gas; and Rod Mack, Department of Ecology.

House Committee - Testified Against:      No one.

House Committee - Testimony For:    It can take six months to obtain approval of an extension of utility services in areas covered by the Shorelines Management Act.  This bill will provide a speedier process for a limited category of minor utility extensions.

House Committee - Testimony Against:      None.