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Legislative recap – ESSB 6406

APA – Puget Sound Section EPIC Half-day Workshop May 16, 2012. Legislative recap – ESSB 6406. ESSB 6406: Natural Resources Reform Bill. NPDES - Permit timelines and requirements HPA – Fees, exemptions, multi-site permits FPA – Fees, timelines, integration with HPA

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Legislative recap – ESSB 6406

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  1. APA – Puget Sound Section EPIC Half-day Workshop May 16, 2012 Legislative recap – ESSB 6406

  2. ESSB 6406: Natural Resources Reform Bill • NPDES - Permit timelines and requirements • HPA – Fees, exemptions, multi-site permits • FPA – Fees, timelines, integration with HPA • SEPA – Ecology rulemaking, clarifications

  3. NPDES • Key deadlines are shifted from 2013 to 2016 • LID implementation • One-acre threshold • Inspection frequencies • LID training funds

  4. SEPA Rulemaking by Dec 2012 • Increase the categorical exemptions for single family, multifamily, commercial, and agricultural developments • Revise standards for excavation, grading, and electrical facilities

  5. SEPA Rulemaking by Dec 2013 • Update all other categorical exemptions including non-project actions and minor code amendments • Propose methods to further integrate SEPA and GMA

  6. Ecology to convene advisory group • Guide rulemaking process, provide input on new categorical exemption levels or system • Make recommendations for revisions to the checklist and for public notice of permit applications

  7. Exemptions for minor development regulations • Those required to ensure consistency with adopted comprehensive plans or shoreline master programs • Those that provide increased environmental protections, such as increased buffers or vegetation retention ordinances • Technical codes to comply with building, energy, and electrical codes

  8. Upfront SEPA Planned Actions • Authorizing some essential public facilities • Authorizing planned actions that encompass a full city with certain restrictions • Use modified checklist to determine consistency Infill • Commercial development up to 65,000 sq ft • Authorizing use of infill tool where project-level EIS has been done

  9. Checklist guidance for applicants • Allow cities to annotate checklist to identify city or state codes that adequately address many environmental impacts • Provide assistance to “mom-and-pop” applicants

  10. PERF account • Allows Planning and Environmental Review account to make loans as well as grants • Although PERF remains unfunded, it could serve as revolving fund for upfront SEPA

  11. Partial veto • Sections 305 and 306 were an attempt clarify and improve local authority to recover costs for upfront SEPA work • Legislative amendments may have caused confusion and/or loss of authority, so Governor vetoed those sections

  12. Lessons… • Preparation, persistence and patience • Work ahead of time with wide variety of actors and interests to address issues • Legislative champions are key

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