AN ACT Relating to pollutant emissions resulting from commercial development; amending RCW 70.94.030 and 19.27.095; and adding new sections to chapter 70.94 RCW.

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

NEW SECTION. Sec. 1. A new section is added to chapter 70.94 RCW to read as follows:

Before approval, a city or county may submit permits issued under chapter 19.27 RCW to the local air pollution control authority for any proposed commercial development likely to increase auto emissions if the city or county issuing such permit is located in an area designated as a nonattainment area in excess of thirty-five days per year for any of the pollutants regulated in this chapter.

NEW SECTION. Sec. 2. A new section is added to chapter 70.94 RCW to read as follows:

The local air pollution control authority shall review and approve a permit received under section 1 of this act if the proposed development is not likely to result in increased emissions of the pollutant or pollutants causing the area to be designated as a nonattainment area. The local air pollution control authority shall deny such permits if the proposed development is likely to result in increased emissions of the pollutant or pollutants causing the area to be designated as a nonattainment area.

Sec. 3. Section 3, chapter 232, Laws of 1957 as last amended by section 33, chapter 109, Laws of 1987 and RCW 70.94.030 are each amended to read as follows:

Unless a different meaning is plainly required by the context, the following words and phrases as hereinafter used in this chapter shall have the following meanings:

(1) "Air contaminant" means dust, fumes, mist, smoke, other particulate matter, vapor, gas, odorous substance, or any combination thereof.

(2) "Air pollution" is presence in the outdoor atmosphere of one or more air contaminants in sufficient quantities and of such characteristics and duration as is, or is likely to be, injurious to human health, plant or animal life, or property, or which unreasonably interfere with enjoyment of life and property.

(3) "Person" means and includes an individual, firm, public or private corporation, association, partnership, political subdivision, municipality or government agency.

(4) "Authority" means any air pollution control agency whose jurisdictional boundaries are coextensive with the boundaries of one or more counties.

(5) "Board" means the board of directors of an authority.

(6) "Control officer" means the air pollution control officer of any authority.

(7) "Emission" means a release into the outdoor atmosphere of air contaminants.

(8) "Department" means the state department of ecology.

(9) "Ambient air" means the surrounding outside air.

(10) "Multicounty authority" means an authority which consists of two or more counties.

(11) "Emission standard" means a limitation on the release of a contaminant or multiple contaminants into the ambient air.

(12) "Air quality standard" means an established concentration, exposure time and frequency of occurrence of a contaminant or multiple contaminants in the ambient air which shall not be exceeded.

(13) "Air quality objective" means the concentration and exposure time of a contaminant or multiple contaminants in the ambient air below which undesirable effects will not occur.

(14) "Nonattainment area" means an area that is shown by monitored data, or that is calculated by air quality modeling, or any other method determined appropriate by the director, to exceed ambient air quality standards for any pollutant regulated under this chapter.

Sec. 4. Section 1, chapter 104, Laws of 1987 and RCW 19.27.095 are each amended to read as follows:

(1) A valid and fully complete building permit application for a structure, that is permitted under the zoning or other land use control ordinances in effect on the date of the application shall be considered under the building permit ordinance in effect at the time of application, and the zoning or other land use control ordinances in effect on the date of application.

(2) The requirements for a fully completed application shall be defined by local ordinance.

(3) The limitations imposed by this section shall not restrict conditions imposed under chapter 70.94 or 43.21C RCW.