Washington State House of Representatives Office of Program Research | BILL ANALYSIS |
Environment Committee |
SSB 5438
This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent. |
Brief Description: Promoting the completion of environmental impact statements within two years.
Sponsors: Senate Committee on Energy, Environment & Telecommunications (originally sponsored by Senators Braun, Angel, Bailey, Rivers, Becker, O'Ban, Schoesler, Brown, Warnick, King, Honeyford, Fortunato, Baumgartner, Rossi, Sheldon, Wilson and Takko).
Brief Summary of Substitute Bill |
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Hearing Date: 3/16/17
Staff: Jacob Lipson (786-7196).
Background:
The State Environmental Policy Act (SEPA) establishes a review process for state and local governments to identify environmental impacts that may result from governmental decisions, such as the issuance of permits or the adoption of land use plans. The SEPA environmental review process involves a project proponent or the lead agency completing an environmental checklist to identify and evaluate probable environmental impacts. If an initial review of the checklist and supporting documents results in a determination that the government decision has a probable significant adverse environmental impact (threshold determination), the proposal must undergo a more comprehensive environmental analysis in the form of an environmental impact statement (EIS). Under SEPA, a government agency is designated as the lead agency, and in that role is assigned responsibility for complying with SEPA's procedural requirements, including making a threshold determination and preparing the EIS when one is required.
Administrative rules adopted to implement the SEPA direct lead agencies to commence EIS preparation as close as possible to the time the agency is developing or is presented with the proposal, so that the EIS can be included in the final recommendations or reports of the lead agency for the associated government decision. The Department of Ecology (ECY) is the state agency responsible for adopting SEPA rules, and for performing certain other guidance and public notification functions associated with SEPA reviews undertaken by other state agencies and local governments.
Summary of Bill:
Lead agencies undertaking a SEPA review are directed to aspire to finish an EIS as expeditiously as possible without compromising the integrity of the analysis. For complex government decisions, the lead agency must aspire to finish an EIS within 24 months of making a threshold determination that an EIS is needed; for government decisions with narrower and more easily identifiable environmental impacts, the lead agency must aspire to finish in far less time than 24 months.
Beginning at the end of 2018, every two years the ECY must submit a report to the appropriate committees of the Legislature regarding the EISs produced during the previous two years by state agencies and local governments, including the average and range of times for EIS completion.
The aspirational time limit does not create civil liability or a new cause of action against a lead agency.
Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.