H-2123.1

SECOND SUBSTITUTE HOUSE BILL 1850


State of Washington	64th Legislature	2015 Regular Session

By House Transportation (originally sponsored by Representatives Hayes, Clibborn, Orcutt, Takko, Harmsworth, Riccelli, Rodne, Bergquist, Wilson, Robinson, Smith, Muri, and Magendanz)

READ FIRST TIME 02/27/15.

AN ACT Relating to improving the efficiency of conducting certain department of transportation actions by exempting these actions from obtaining local reviews or permits under the shoreline management act; amending RCW 90.58.355; and creating a new section.

NEW SECTION. Sec. 1. To ensure that vital maintenance and minor safety upgrades to state transportation facilities are efficiently achieved, the legislature finds that regulatory reviews under chapter 90.58 RCW should be reformed. The activities of the department of transportation are guided by manuals and standards of practice designed to effectively avoid and minimize impacts to the environment. These activities are also subject to periodically renewed programmatic permits from federal agencies, the department of fish and wildlife, and the department of ecology water quality program. Adding local permits or letters of exemption under the shoreline management act does not substantively improve the environmental outcomes of this work. Adding these local reviews creates time delays, the imposition of inconsistent standards and manuals, and uncertainty in the permitting process. Therefore, the legislature finds that it is in the public interest to exclude state highway maintenance and minor safety upgrade activities from local review and approval processes under the shoreline management act.

Requirements to obtain a substantial development permit, conditional use permit, ((or)) variance ((shall)), letter of exemption, or other review conducted by a local government to implement this chapter do not apply to ((any person)):

(1) Any person conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter 70.105D RCW, or to the department of ecology when it conducts a remedial action under chapter 70.105D RCW. The department must ensure compliance with the substantive requirements of this chapter through the consent decree, order, or agreed order issued pursuant to chapter 70.105D RCW, or during the department-conducted remedial action, through the procedures developed by the department pursuant to RCW 70.105D.090; ((or))

(2) Any person installing site improvements for storm water treatment in an existing boatyard facility to meet requirements of a national pollutant discharge elimination system storm water general permit. The department must ensure compliance with the substantive requirements of this chapter through the review of engineering reports, site plans, and other documents related to the installation of boatyard storm water treatment facilities; or

(3)(a) Except as provided in (b) of this subsection, the following department of transportation projects and activities that occur within the footprint of existing state highway facilities or the lease or ownership area for ferry terminals:

(i) Maintenance, repair, reconstruction, restoration, or retrofitting of any road, highway, bridge, tunnel, or transit facility such as a ferry dock or bus transfer station, including ancillary transportation facilities such as pedestrian paths, bicycle paths, or both, and bike lanes; and

(ii) Construction or installation of safety structures and equipment, including pavement marking, freeway surveillance and control systems, railroad protective devices not including grade-separated crossings, grooving, glare screen, safety barriers, energy attenuators, and hazardous or dangerous tree removal.

(b) This subsection (3) does not exempt the construction of a new structure or facility, or the expansion of an existing structure or facility, from requirements to obtain a substantial development permit, conditional use permit, variance, letter of exemption, or other review conducted by a local government.