BILL REQ. #:  S-1011.1 

Read first time 02/03/11.   Referred to Committee on Government Operations, Tribal Relations & Elections.

     AN ACT Relating to modifying the categorical exemptions for development under the state environmental policy act; adding new sections to chapter 43.21C RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature finds that for the majority of new development and redevelopment in Washington, project review under the state environmental policy act is no longer needed to ensure high quality environmental outcomes that meet state and local goals, and that conducting a state environmental policy review can add unnecessary cost and delay.
     The legislature further finds that state and local jurisdictions have adopted a broad array of regulations and programs that have substantially strengthened protections for the natural and built environment, including the growth management act, shoreline management act, and many others. These regulations provide for more effective and consistent environmental protection within and across jurisdictions.
     The legislative intent of this act is to preempt selected categorical exemption levels in WAC 197-11-800, and adopt updated levels in statute. Any levels not preempted under this act remain in effect.

NEW SECTION.  Sec. 2   A new section is added to chapter 43.21C RCW to read as follows:
     (1) The proposed actions contained in this section are categorically exempt from the requirements of this chapter if the proposed action is within an urban growth area designated under RCW 36.70A.110. For a specific proposal, the exemptions in subsections (2) through (7) of this section control, unless the city or county in which the project is located establishes an alternative exemption level consistent with section 3 of this act. If the proposed action is located in more than one city or county, the lower of the agencies' adopted levels controls regardless of which agency is the lead agency.
     (2) Except when undertaken wholly or partly on lands covered by water in a jurisdiction without a valid critical areas code under chapter 36.70A RCW, the following types of construction are exempt under subsection (1) of this section:
     (a) The construction or location of any residential structures of one hundred dwelling units or fewer;
     (b) The construction of a barn, loafing shed, farm equipment storage building, produce storage or packing structure, or similar agricultural structure, covering up to twenty thousand square feet, and to be used only by the property owner or the property owner's agent in the conduct of farming the property. This exemption does not apply to feed lots;
     (c) The construction of an office, school, commercial, recreational, service, or storage building with sixty thousand or fewer square feet of gross floor area;
     (d) The construction of a parking lot designed for one hundred automobiles or fewer;
     (e) Any landfill or excavation of two thousand five hundred cubic yards or fewer of disturbed area throughout the total lifetime of the fill or excavation; and any fill or excavation classified as a Class I, II, or III forest practice under RCW 76.09.050 or rules adopted to implement RCW 76.09.050;
     (f) The construction or installation of minor road and street improvements, such as: Pavement marking; freeway surveillance and control systems; railroad protective devices, not including grade-separated crossings; grooving; glare screen; safety barriers; energy attenuators; transportation corridor landscaping, including the application of Washington state department of agriculture-approved herbicides by licensed personnel for right-of-way weed control as long as this is not within watersheds controlled for the purpose of drinking water quality; temporary traffic controls and detours; correction of substandard curves and intersections within existing rights-of-way; widening of a highway by less than a single lane width and no new right-of-way is required; adding auxiliary lanes for localized purposes, such as weaving, climbing, speed change, etc., and no new right-of-way is required; channelization and elimination of sight restrictions at intersections; street lighting; guard rails and barricade installation; installation of catch basins and culverts; and reconstruction of existing roadbed (existing curb-to-curb in urban locations), including adding or widening of shoulders, addition of bicycle lanes, paths and facilities, and pedestrian walks and paths, but not including additional automobile lanes;
     (g) Grading, excavating, filling, septic tank installations, and landscaping necessary for any building or facility exempted under this section, as well as fencing and the construction of small structures and minor facilities accessory thereto;
     (h) The installation of impervious underground tanks having a capacity of ten thousand gallons or fewer or multiple tanks having a capacity of one hundred thousand gallons or fewer; and
     (i) The removal of impervious underground tanks regardless of their capacity.
     (3) The exemptions provided in subsection (2)(f) through (i) of this section apply to all licenses required to undertake the proposed action, except where a rezone is required.
     (4) Except when undertaken wholly or partly on lands covered by water in a jurisdiction without a valid critical areas code under chapter 36.70A RCW, the repair, remodeling, maintenance, or minor alteration of existing private or public structures, facilities, or equipment, including utilities, involving no material expansions are exempt under subsection (1) of this section.
     (a) The following maintenance activities are not exempt under this subsection:
     (i) Dredging;
     (ii) The reconstruction or maintenance of groins and similar shoreline protection structures;
     (iii) The replacement of utility cables that must be buried under the surface of the bedlands; or
     (iv) The repair or rebuilding of major dams, dikes, and reservoirs.
     (b) If undertaken wholly or partly on lands covered by water in a jurisdiction without a valid critical areas code under chapter 36.70A RCW, only minor repairs or replacement of structures, including the repair or replacement of piling, ramps, floats, or mooring buoys, or minor repair, alteration, or maintenance of docks are exempt under subsection (1) of this section.
     (5) Except when undertaken on lands covered by water in a jurisdiction without a valid critical areas code under chapter 36.70A RCW, the approval of short plats or short subdivisions under RCW 58.17.060 are exempt under subsection (1) of this section. Further short subdivisions or short platting within a plat or subdivision are also exempt when the total lots do not exceed nine.
     (6) All technical codes meeting minimum standards are exempt from the requirements of this chapter.
     (7) Except when undertaken wholly or partly on lands covered by water in a jurisdiction without a valid critical areas code under chapter 36.70A RCW, the following types of utility-related actions are exempt under subsection (1) of this section:
     (a) All storm water, water and sewer facilities, lines, equipment, hookups, or appurtenances, including, utilizing, or related to lines twenty-four inches or fewer in diameter.
     (b) The exemption includes installation and construction, relocation when required by other governmental bodies, repair, replacement, maintenance, operation, or alteration, that does not change the action from an exempt class.

NEW SECTION.  Sec. 3   A new section is added to chapter 43.21C RCW to read as follows:
     (1) The proposed actions contained in this section are categorically exempt from the requirements of this chapter if the proposed action is within an urban growth area designated under RCW 36.70A.110, and the city or county in which the project is located establishes an exemption level consistent with this section. If a city or county does not establish an exemption level under this section, the exemption levels in section 2 of this act apply. If the proposed action is located in more than one city or county, the lower of the agencies' adopted levels controls regardless of which agency is the lead agency.
     (2) Except when undertaken wholly or partly on lands covered by water in a jurisdiction without a valid critical areas code under chapter 36.70A RCW, the following types of construction are exempt under subsection (1) of this section:
     (a) The construction or location of any residential structures of two hundred dwelling units or fewer;
     (b) The construction of an office, school, commercial, recreational, service, or storage building with one hundred twenty thousand or fewer square feet of gross floor area, and with associated parking facilities designed for four hundred automobiles or fewer;
     (c) The construction of a parking lot designed for four hundred automobiles or fewer; and
     (d) Any landfill or excavation of five thousand cubic yards or fewer of disturbed area throughout the total lifetime of the fill or excavation; and any fill or excavation classified as a Class I, II, or III forest practice under RCW 76.09.050 or rules adopted to implement RCW 76.09.050.

NEW SECTION.  Sec. 4   A new section is added to chapter 43.21C RCW to read as follows:
     (1) The proposed actions contained in this section are categorically exempt from the requirements of this chapter if the proposed action is outside an urban growth area and is not on natural resources lands designated under RCW 36.70A.110. For a specific proposal, the exemptions in subsections (2) through (7) of this section control. If the proposed action is located in more than one city or county, the lower of the agencies' adopted levels controls regardless of which agency is the lead agency.
     (2) Except when undertaken wholly or partly on lands covered by water in a jurisdiction without a valid critical areas code under chapter 36.70A RCW, the following types of construction are exempt under subsection (1) of this section:
     (a) The construction or location of any residential structures of forty dwelling units or fewer;
     (b) The construction of a barn, loafing shed, farm equipment storage building, produce storage or packing structure, or similar agricultural structure, covering up to twenty thousand square feet, and to be used only by the property owner or the property owner's agent in the conduct of farming the property. This exemption does not apply to feed lots;
     (c) The construction of an office, school, commercial, recreational, service, or storage building with twenty-five thousand or fewer square feet of gross floor area, and with associated parking facilities designed for eighty automobiles or fewer;
     (d) The construction of a parking lot designed for eighty automobiles or fewer;
     (e) Any landfill or excavation of one thousand cubic yards or fewer of disturbed area throughout the total lifetime of the fill or excavation; and any fill or excavation classified as a Class I, II, or III forest practice under RCW 76.09.050 or rules adopted to implement RCW 76.09.050;
     (f) The construction or installation of minor road and street improvements, such as: Pavement marking; freeway surveillance and control systems; railroad protective devices, not including grade-separated crossings; grooving; glare screen; safety barriers; energy attenuators; transportation corridor landscaping, including the application of Washington state department of agriculture-approved herbicides by licensed personnel for right-of-way weed control as long as this is not within watersheds controlled for the purpose of drinking water quality; temporary traffic controls and detours; correction of substandard curves and intersections within existing rights-of-way; widening of a highway by less than a single lane width and no new right-of-way is required; adding auxiliary lanes for localized purposes, such as weaving, climbing, speed change, etc., and no new right-of-way is required; channelization and elimination of sight restrictions at intersections; street lighting; guard rails and barricade installation; installation of catch basins and culverts; and reconstruction of existing roadbed (existing curb-to-curb in urban locations), including adding or widening of shoulders, addition of bicycle lanes, paths and facilities, and pedestrian walks and paths, but not including additional automobile lanes;
     (g) Grading, excavating, filling, septic tank installations, and landscaping necessary for any building or facility exempted under this section, as well as fencing and the construction of small structures and minor facilities accessory thereto;
     (h) The installation of impervious underground tanks having a capacity of ten thousand gallons or fewer or multiple tanks having a capacity of one hundred thousand gallons or fewer; and
     (i) The removal of impervious underground tanks regardless of their capacity.
     (3) The exemptions provided in subsection (2)(f) through (i) of this section apply to all licenses required to undertake the proposed action, except where a rezone is required.
     (4) Except when undertaken wholly or partly on lands covered by water in a jurisdiction without a valid critical areas code under chapter 36.70A RCW, the repair, remodeling, maintenance, or minor alteration of existing private or public structures, facilities, or equipment, including utilities, involving no material expansions are exempt under subsection (1) of this section.
     (a) The following maintenance activities are not exempt under this subsection:
     (i) Dredging;
     (ii) The reconstruction or maintenance of groins and similar shoreline protection structures;
     (iii) The replacement of utility cables that must be buried under the surface of the bedlands; or
     (iv) The repair or rebuilding of major dams, dikes, and reservoirs.
     (b) If undertaken wholly or partly on lands covered by water in a jurisdiction without a valid critical areas code under chapter 36.70A RCW, only minor repairs or replacement of structures, including the repair or replacement of piling, ramps, floats, or mooring buoys, or minor repair, alteration, or maintenance of docks are exempt under subsection (1) of this section.
     (5) Except when undertaken on lands covered by water in a jurisdiction without a valid critical areas code under chapter 36.70A RCW, the approval of short plats or short subdivisions under RCW 58.17.060 are exempt under subsection (1) of this section. Further short subdivisions or short platting within a plat or subdivision are also exempt when the total lots do not exceed nine.
     (6) All technical codes meeting minimum standards are exempt from the requirements of this chapter.
     (7) Except when undertaken wholly or partly on lands covered by water in a jurisdiction without a valid critical areas code under chapter 36.70A RCW, the following types of utility-related actions are exempt under subsection (1) of this section:
     (a) All storm water, water and sewer facilities, lines, equipment, hookups, or appurtenances, including, utilizing, or related to lines twenty-four inches or fewer in diameter.
     (b) The exemption includes installation and construction, relocation when required by other governmental bodies, repair, replacement, maintenance, operation, or alteration, that does not change the action from an exempt class.

NEW SECTION.  Sec. 5   A new section is added to chapter 43.21C RCW to read as follows:
     (1) The proposed actions contained in this section are categorically exempt from the requirements of this chapter if the proposed action is within a planning jurisdiction that is partially planning under chapter 36.70A RCW, the growth management act. For a specific proposal, the exemption in subsections (2) through (6) of this section control. If the proposed action is located in more than one city or county, the lower of the agencies' adopted levels controls regardless of which agency is the lead agency.
     (2) Except when undertaken wholly or partly on lands covered by water, the following types of construction are exempt under subsection (1) of this section:
     (a) The construction or location of any residential structures of twenty dwelling units or fewer;
     (b) The construction of a barn, loafing shed, farm equipment storage building, produce storage or packing structure, or similar agricultural structure, covering up to twenty thousand square feet, and to be used only by the property owner or the property owner's agent in the conduct of farming the property. This exemption does not apply to feed lots;
     (c) The construction of an office, school, commercial, recreational, service, or storage building with twelve thousand or fewer square feet of gross floor area, and with associated parking facilities designed for forty automobiles or fewer;
     (d) The construction of a parking lot designed for forty automobiles or fewer;
     (e) Any landfill or excavation of five hundred cubic yards or fewer of disturbed area throughout the total lifetime of the fill or excavation; and any fill or excavation classified as a Class I, II, or III forest practice under RCW 76.09.050 or rules adopted to implement RCW 76.09.050;
     (f) The construction or installation of minor road and street improvements, such as: Pavement marking; freeway surveillance and control systems; railroad protective devices, not including grade-separated crossings; grooving; glare screen; safety barriers; energy attenuators; transportation corridor landscaping, including the application of Washington state department of agriculture-approved herbicides by licensed personnel for right-of-way weed control as long as this is not within watersheds controlled for the purpose of drinking water quality; temporary traffic controls and detours; correction of substandard curves and intersections within existing rights-of-way; widening of a highway by less than a single lane width and no new right-of-way is required; adding auxiliary lanes for localized purposes, such as weaving, climbing, speed change, etc., and no new right-of-way is required; channelization and elimination of sight restrictions at intersections; street lighting; guard rails and barricade installation; installation of catch basins and culverts; and reconstruction of existing roadbed (existing curb-to-curb in urban locations), including adding or widening of shoulders, addition of bicycle lanes, paths and facilities, and pedestrian walks and paths, but not including additional automobile lanes;
     (g) Grading, excavating, filling, septic tank installations, and landscaping necessary for any building or facility exempted under this section, as well as fencing and the construction of small structures and minor facilities accessory thereto; and
     (h) The removal and replacement of existing impervious underground tanks regardless of their capacity.
     (3) The exemptions provided in subsection (2)(f) through (h) of this section apply to all licenses required to undertake the proposed action, except where a rezone is required.
     (4) Except when undertaken wholly or partly on lands covered by water, the following types of construction are exempt under subsection (1) of this section:
     (a) The repair, remodeling, maintenance, or minor alteration of existing private or public structures, facilities, or equipment, including utilities, involving no material expansions;      
     (b) The following maintenance activities are not exempt under this subsection:
     (i) Dredging;
     (ii) The reconstruction or maintenance of groins and similar shoreline protection structures;
     (iii) The replacement of utility cables that must be buried under the surface of the bedlands; or
     (iv) The repair or rebuilding of major dams, dikes, and reservoirs.
     (5) All technical codes meeting minimum standards are exempt from the requirements of this chapter.
     (6) Except when undertaken wholly or partly on lands covered by water, the following types of utility-related actions are exempt under subsection (1) of this section:
     (a) All storm water, water and sewer facilities, lines, equipment, hookups, or appurtenances, including, utilizing, or related to lines twenty-four inches or fewer in diameter.
     (b) The exemption includes installation and construction, relocation when required by other governmental bodies, repair, replacement, maintenance, operation, or alteration, that does not change the action from an exempt class.

NEW SECTION.  Sec. 6   A new section is added to chapter 43.21C RCW to read as follows:
     A city or county may establish an alternative exemption level consistent with this section. A city or county may set lower exemption levels for a portion of their jurisdiction or for a specific issue or subject area if the city or county finds that the local development code is not fully sufficient to mitigate the impacts of development or redevelopment.