SENATE BILL REPORT

SB 5855

BYSenators Anderson, Metcalf, Owen, Rasmussen and Newhouse

Revising provisions for the state environmental policy act.

Senate Committee on Environment & Natural Resources

Senate Hearing Date(s):February 16, 1989; March 1, 1989

Majority Report:  That Substitute Senate Bill No. 5855 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Metcalf, Chairman; Amondson, Vice Chairman; Barr, Benitz, Owen, Patterson.

Minority Report:  Do not pass.

      Signed by Senators Kreidler, Sutherland.

Senate Staff:Gary Wilburn (786-7453); Barry Brandon (786-7717)

                  March 1, 1989

AS REPORTED BY COMMITTEE ON ENVIRONMENT & NATURAL RESOURCES, MARCH 1, 1989

BACKGROUND:

In 1971, the Legislature enacted the State Environmental Policy Act (SEPA), in recognition that each person has a fundamental and inalienable right to a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment.  SEPA (RCW 43.21C) is intended to ensure that environmental values are considered by state and local government officials when making decisions and contains specific policies and goals which apply to actions at all levels of government within the state except the judiciary and the Legislature.  One of the primary purposes of SEPA is to evaluate the environmental impacts of a proposed project and identify methods to reduce the impacts. 

In 1981 the Legislature created a bipartisan commission on environmental policy to review SEPA.  The commission was directed to propose amendments, if considered necessary, to the State Environmental Policy Act and the administrative rules interpreting and implementing the act.  As a result of its study, the commission proposed legislation along with a set of draft rules which were enacted substantially without amendment by the Legislature in 1983. 

SUMMARY:

The $1,000 limit on assessing attorney fees against parties filing frivolous appeals is eliminated.  Any party filing an appeal under SEPA is required to post a $1,000 bond to pay for such attorneys' fees which may be assessed.

No party will have standing to file an appeal, administrative or judicial, unless the party is directly affected by the proposal and qualifies for standing as defined by the underlying permit.

Settlement agreements, pursuant to an appeal, are subject to three conditions:  (1) all terms are to be made public and filed with the appellate body; (2) any agreement requiring mitigation of impacts must be consistent with local land use plans, programs or ordinances which specify public policy and standards for mitigation of environmental impacts; (3) no agreement can require payment of money compensation unless a party is a local government and the compensation complies with RCW 82.02.020.

Covenants agreed to for purposes of dropping an appeal are not enforceable against the owner or tenant of real property, unless an affidavit of awareness of the covenant is signed by the owner or tenant and filed with the county clerk.  Such covenants are enforceable only by the property owner subject to the covenant. 

A new purpose is added to SEPA which ensures that environmental decisions are made for the public good and that state environmental policy is not used for private gain. 

EFFECT OF PROPOSED SUBSTITUTE:

The requirement that a bond be posted as condition of filing SEPA appeal is deleted.  The $1,000 limit on assessing attorney fees against parties filing frivolous appeals is restored. 

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Effective Date:The bill contains an emergency clause and takes effect immediately.

Senate Committee - Testified: Jim Williams, Seattle Master Builders (pro); Peter Buck, Buck & Gordon (pro); Darlene Madenwald, Washington Environmental Council (con)