BILL REQ. #:  H-1519.2 

Read first time 02/06/2007.   Referred to Committee on Local Government.

     AN ACT Relating to protection of environmentally critical areas; amending RCW 36.70A.172; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature affirms that the designation of critical areas pursuant to RCW 36.70A.170 and the adoption of regulations to protect critical areas pursuant to RCW 36.70A.060 are duties under the growth management act. The legislature recognizes that the scientific method itself is policy neutral, and in this context is intended to inform, not dictate, the specific outcome of the local legislative process.

Sec. 2   RCW 36.70A.172 and 1995 c 347 s 105 are each amended to read as follows:
     (1) In designating and protecting critical areas under this chapter, counties and cities shall ((include the best available science in developing)) use the scientific method as set forth in RCW 90.58.100(1) to develop policies and development regulations ((to protect)) that assure no net loss of the functions and values of critical areas that existed at the time of their designation pursuant to RCW 36.70A.170. In addition, counties and cities shall give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries.
     (2) The requirement to include the scientific method under subsection (1) of this section is satisfied if buffers in a critical area ordinance are within the range of buffers previously adopted and established by any local government based on best available science for the same category or type of critical area.
     (3) If it determines that advice from scientific or other experts is necessary or will be of substantial assistance in reaching its decision, a growth management hearings board may retain scientific or other expert advice to assist in reviewing a petition under RCW 36.70A.290 that involves critical areas.