Summary of SEPA Related Legislation 2009-2010

SB 6239 Sec. 7002
Effective date 6/10/2010 RCW technical correction--gender-based terms
Sec. 7002

RCW 43.21C.030 amended to read as follows: (changes are highlighted showing replacement of "man" and "mankind" with "the"):

(a) Utilize a systematic, interdisciplinary approach which will insure the integrated use of the natural and social sciences and the environmental design arts in planning and in decision making which may have an impact on ((man's)) the environment. . .

(iv) the relationship between local short-term uses of ((man's))
the environment and the maintenance and enhancement of long-term
productivity. . .

(f) Recognize the worldwide and long-range character of environmental problems and, where consistent with state policy, lend appropriate support to initiatives, resolutions, and programs designed to maximize international cooperation in anticipating and preventing a decline in the quality of ((mankind's)) the world environment . . .

ESHB Bill 2538
Effective date 6/10/2010 Regarding high density urban development

Growth Management Act:

A city with a population greater than 5,000 that is required to comply with the GMA may
elect to adopt subarea development elements to its comprehensive plan. The subarea must belocated in either: (1) a mixed-use or urban center designated in a land use or transportation
plan adopted by a regional transportation planning organization; or (2) within one-half mile
of a major transit stop that is zoned to have an average minimum density of 15 dwelling units
or more per acre.

Transfer of Development Rights:

A city that elects to include subarea development elements into its comprehensive plan must
establish a TDR program, in consultation with the county, that conserves long-term
commercially significant agriculture and forest land as determined by the county. If the city
does not establish a TDR program, it must state the reasons in the record for not starting such a program. A city's decision to not establish a TDR program may not be appealed.

SEPA:

A city shall prepare a non-project environmental impact statement, pursuant to RCW 43.21C.030, assessing and disclosing the probable significant adverse environmental impacts of the optional comprehensive plan element and development regulations and of future development that is consistent with the plan and regulations

Until July 1, 2018, a proposed development that is consistent with the optional comprehensive plan or subarea plan policies and development regulations and that is environmentally reviewed may not be challenged in administrative or judicial appeals for noncompliance with this chapter as long as a complete application for such a development is submitted to the city.

Cost Recovery:
A city may apply for grant funding for the nonproject EIS for a subarea development from
the PERF administered by the Department of Commerce. A city may also recover costs
through private funding and by assessing a fee to those developments that are within the
scope of the nonproject EIS. The collection of the assessment fee is specifically authorized
within the excise taxes law.

Note: Ecology will be working with Department of Commerce to provide guidance on this new provision for SEPA-GMA integration.

Session Law 2009

HB 1481 Regarding Electric Vehicles

A new section is added to chapter 43.21C RCW regarding battery “changing” and “charging” stations. The statutory provision asserts that these individual stations are not considered part of an area-wide network of stations and therefore should only be considered as separate proposals when considering applicable categorical exemptions in the SEPA rules

Note:
This new section does not create a new category of SEPA exemption because most all of the recharging stations (as envisioned) would be exempt from SEPA to begin with. The language in the bill clarifies that decisions on projects involving the installation of a specific charging station should be considered individually (and not as a network of projects) when considering if it is exempt from SEPA. However, if a specific stand-alone charging station project is not exempt from existing statutory or categorical exemptions, then this provision does not create a new exemption. Conversely, if a proposal itself entails the installation of a network of stations throughout a jurisdiction, facility or agency, and it is not otherwise exempt from SEPA (e.g. under a utilities or minor new construction exemption), then that proposal is also subject to SEPA review.

For more information about this legislation see the guidance and model ordinance from the Puget Sound Regional Council: http://www.psrc.org/transportation/ev/model-guidance

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