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, including issuing permits or adopting land use plans. The SEPA environmental review process requires a project proponent or the lead agency to complete an environmental checklist identifying and evaluating 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, known as a threshold determination, the proposal must undergo a more comprehensive environmental analysis in the form of an environmental impact statement. If the SEPA review process identifies significant adverse environmental impacts, the lead agency may deny a government decision or may require mitigation for identified environmental impacts.
SEPA addresses both project and nonproject actions. Project actions involve an agency decision on a specific project. Nonproject actions are governmental actions involving decisions on policies, plans, or programs. Certain project and nonproject actions are categorically exempted from SEPA requirements, which are established by statute and regulations. Categorically exempted nonproject actions include, in part, adoption or amendment of certain ordinances and development regulations. Categorically exempted project actions include those relating to, in part, infill development, fish protection and habitat projects, and installation of battery charging stations.
Categorical Exemption. Decisions pertaining to the development or extension of a trail or path (project) are categorically exempted from compliance with SEPA and may not be subject to any county or city ordinance, or other regulations imposing equivalent requirements, if the project:
An extension to an existing trail or path includes an addition to an existing trail or path that connects two existing segments of the trail or path. "Trail" and "path" mean a public way constructed primarily for, and open to, pedestrians, equestrians, or bicyclists, other than a sidewalk constructed for exclusive pedestrian use. The terms include certain widened shoulders of a highway, street, or road, constructed for bicyclist use.
Improvements covered by the categorical exemption include related utility infrastructure improvements for trails and paths. The categorical exemption is additional and does not amend others by rule.
Public Notice. A categorically exempted project must post notice of the project on the property that will be used for the project for at least 30 days before the action that will give final project approval. The notice must be posted at the beginning, middle, and end of the proposed trail, path, or extension. This notice is in addition to any other notice required by state or local laws.
Tribal Consultation. An applicant must request meaningful consultation with any federally-recognized tribe that may be affected by the project. Meaningful consultation must include discussion of the potential impacts to cultural resources and tribal treaty rights. An applicant must notify the affected tribe of the proposed development using at least two methods, including by mail. After receiving notice, the tribe may initiate consultation to determine whether an agreement on the project can be reached. If it cannot, the parties must enter mediation. If the affected tribe does not initiate consultation within 90 days of receiving written notice, the categorical exemption takes effect.
PRO: The bill deals with a specific 1.4 mile gap in our state's busiest bicycle highway, the Burke-Gilman Trail running through North Seattle. The project has undergone SEPA review multiple times already. This is an incredibly dangerous gap, and between 2015 and 2020, there were 39 separate incidents that were serious enough to require emergency response. The goal of the bill is to say the SEPA process is completed and thorough, and objections should be kept in the political process and outside of SEPA.
This bill should be applied to the greater-Seattle area. Many projects are delayed because of the lack of a streamlined process. We are using the SEPA process because people have been hurt and we need to make it safer. The purpose of this bill is to cut off using SEPA as a weapon to prevent Seattle from making a decision on the merits about where the trail should be built. Completing the trail on Shilshole Avenue is the smarter choice.
CON: The businesses have stood together the past 20 plus years to advocate for not putting this bike highway on Shilshole Avenue. This bill takes away an important tool the Shilshole businesses have to find recourse. We have won every case challenging this project. The trail being asked for is unsafe. It puts bicyclists around heavy trucks. We prefer the state government stay out of trying to gentrify our industrial area. This bill benefits one area, one project, and one constituency. It is not appropriate to grant a categorical exemption for this.
The SEPA process for this project is not over. It is currently on appeal and briefs were filed yesterday. The path goes right through the commercial fishing industry area. The tribes need to be involved. They have been fighting this thing for 30 years because of how disruptive it is. There may be places where paths do not work, and it is not the fault of our companies. This is still an active short-line railroad. Bike paths and industry do not mix. We have oil trucks sitting right where the trail would be. It is an accident waiting to happen. Seattle should be making the choice, not the Legislature.
PRO: Representative Joe Fitzgibbon, Prime Sponsor; Alisa Fedorenko; Lee Lambert, Executive Director, Washington Bikes/Cascade Bicycle Club; Matthew Cohen, Stoel Rives; John Teutsch, Managing Director, Ballard Landmark (senior living community in Ballard); Max Genereaux, Ballard business owner.