CERTIFICATION OF ENROLLMENT
SUBSTITUTE HOUSE BILL 2673
Chapter 87, Laws of 2020
66TH LEGISLATURE
2020 REGULAR SESSION
INFILL DEVELOPMENT EXEMPTIONS--STATE ENVIRONMENTAL POLICY ACT
EFFECTIVE DATE: June 11, 2020
Passed by the House February 17, 2020
  Yeas 98  Nays 0
LAURIE JINKINS

Speaker of the House of Representatives
Passed by the Senate March 3, 2020
  Yeas 43  Nays 4
CYRUS HABIB

President of the Senate
CERTIFICATE
I, Bernard Dean, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 2673 as passed by the House of Representatives and the Senate on the dates hereon set forth.
BERNARD DEAN

Chief Clerk
Chief Clerk
Approved March 19, 2020 2:41 PM
FILED
March 19, 2020
JAY INSLEE

Governor of the State of Washington
Secretary of State
State of Washington

SUBSTITUTE HOUSE BILL 2673

Passed Legislature - 2020 Regular Session
State of Washington
66th Legislature
2020 Regular Session
ByHouse Environment & Energy (originally sponsored by Representatives Barkis, Griffey, Gildon, Steele, Ybarra, Smith, Chambers, Boehnke, Hoff, Vick, Eslick, Volz, Graham, Jenkin, Klippert, Van Werven, Tharinger, and Dufault)
READ FIRST TIME 02/07/20.
AN ACT Relating to exemptions for infill development under the state environmental policy act; and amending RCW 43.21C.229.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
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 roughly equal to or 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 clearly 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)(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.
Passed by the House February 17, 2020.
Passed by the Senate March 3, 2020.
Approved by the Governor March 19, 2020.
Filed in Office of Secretary of State March 19, 2020.
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