ESHB 2439 -
By Senator Ericksen
On page 1, after line 12, insert the following:
"Sec. 1 RCW 43.21C.229 and 2012 1st sp.s. c 1 s 304 are each
amended to read as follows:
(1) In order to accommodate infill development and thereby realize
the goals and policies of comprehensive plans adopted according to
chapter 36.70A RCW, a city or county planning under RCW 36.70A.040 is
authorized by this section to establish categorical exemptions from the
requirements of this chapter. An exemption adopted under this section
applies even if it differs from the categorical exemptions adopted by
rule of the department under RCW 43.21C.110(1)(a). An exemption may be
adopted by a city or county under this section if it meets the
following criteria:
(a) It categorically exempts government action related to
development proposed to fill in an urban growth area, designated
according to RCW 36.70A.110, where current density and intensity of use
in the area is lower than called for in the goals and policies of the
applicable comprehensive plan and the development is either:
(i) Residential development;
(ii) Mixed-use development; or
(iii) Commercial development up to sixty-five thousand square feet,
excluding retail development;
(b) It does not exempt government action related to development
that is inconsistent with the applicable comprehensive plan or would
exceed the density or intensity of use called for in the goals and
policies of the applicable comprehensive plan;
(c) The local government considers the specific probable adverse
environmental impacts of the proposed action and determines that these
specific impacts are adequately addressed by the development
regulations or other applicable requirements of the comprehensive plan,
subarea plan element of the comprehensive plan, planned action
ordinance, or other local, state, or federal rules or laws; ((and))
(d) The proposed action is a short plat or short subdivision
approved under RCW 58.17.060; or
(e)(i) The city or county's applicable comprehensive plan was
previously subjected to environmental analysis through an environmental
impact statement under the requirements of this chapter prior to
adoption; or
(ii) The city or county has prepared an environmental impact
statement that considers the proposed use or density and intensity of
use in the area proposed for an exemption under this section.
(2) Any categorical exemption adopted by a city or county under
this section shall be subject to the rules of the department adopted
according to RCW 43.21C.110(1)(a) that provide exceptions to the use of
categorical exemptions adopted by the department."
Renumber the remaining sections consecutively and correct any internal references accordingly.
ESHB 2439 -
By Senator Ericksen
On page 1, line 3 of the title, after "RCW" insert "43.21C.229,"
EFFECT: Adds option for cities and counties planning under RCW 36.70A.040 to adopt a State Environmental Policy Act categorical exemption for short plats or short subdivisions approved under RCW 58.17.060.