1653 AMH TAYL MOET 442

HB 1653 - H AMD TO H AMD (1653 AMH SIMP MOET 438) 1171

By Representative Taylor

NOT ADOPTED 2/15/2010

    On page 2, line 12 of the amendment, after "(3)" strike "(a)"

    On page 2, at the beginning of line 13 of the amendment, strike "and applicable guidelines" and insert "((and applicable guidelines))"

    On page 2, at the beginning of line 18 of the amendment, strike all material through "RCW 90.58.060" on page 4, line 16 and insert the following:

    "(a) As of the date the department of ecology approves a local government's shoreline master program adopted under applicable shoreline guidelines, the protection of critical areas as defined by RCW 36.70A.030(5) within shorelines of the state shall be accomplished only through the local government's shoreline master program and shall not be subject to the procedural and substantive requirements of this chapter, except as provided in subsection (6) of this section.

    (b) Critical areas within shorelines of the state that have been identified as meeting the definition of critical areas as defined by RCW 36.70A.030(5), and that are subject to a shoreline master program adopted under applicable shoreline guidelines shall not be subject to the procedural and substantive requirements of this chapter, except as provided in subsection (6) of this section.  Nothing in chapter 321, Laws of 2003 is intended to affect whether or to what extent agricultural activities, as defined in RCW 90.58.065, are subject to chapter 36.70A RCW.

    (c) The provisions of RCW 36.70A.172 shall not apply to the adoption or subsequent amendment of a local government's shoreline master program and shall not be used to determine compliance of a local government's shoreline master program with chapter 90.58 RCW and applicable guidelines.  Nothing in this section, however, is intended to limit or change the quality of information to be applied in protecting critical areas within shorelines of the state, as required by chapter 90.58 RCW and applicable guidelines.

    (4) Shoreline master programs shall provide a level of protection to critical areas located within shorelines of the state that is at least equal to the level of protection provided to critical areas by the local government's critical area ordinances adopted and thereafter amended pursuant to RCW 36.70A.060(2), and consistent with subsection (3) of this section"

EFFECT:  (1) Deletes a provision specifying that applicable guidelines of the Department of Ecology must be used in determining compliance of a shoreline master program with the Growth Management Act.  (2) Deletes amendatory provisions in the striking amendment pertaining to the protection of critical areas within shorelines of the state and restores current statutory language.  (3) Includes a consistency requirement pertaining to shoreline master programs. 

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