Changes to SEPA exemption bill for homeless sheltering

A bill that was poised to pass last session was heavily amended in committee.

SB 5946 would provide an exemption from State Environmental Policy Act (SEPA) review for permit actions to site temporary shelters or transitional encampments. Several amendments were made as the House Environment & Energy Committee advanced the bill, including a striking amendment (which starts the bill from scratch).

As a threshold requirement, a local jurisdiction must act as lead agency for SEPA review and must have declared a state of emergency on homelessness. In addition, here’s what SB 5946 now requires for a site to qualify for the SEPA exemption:

• The facility must have no more than 200 beds and the number of occupants cannot exceed the number of beds;
• The temporary shelter or transitional encampment does not involve erecting a new permanent structure;
• A three-year limitation on the siting of the shelter or encampment—it does not exempt any permit extensions or reissuances;
• A school or early learning facility must approve in writing before a siting within 1,000 feet of the school or early learning facility is allowed. Only facilities that exist at the time of siting and are permitted by the local jurisdiction are eligible;
• Locations within 1,000 feet of a salmon bearing waterway or water body listed for impaired water quality are not eligible for the exemption;
• Compliance with the water quality regulations of the local jurisdiction;
• Local jurisdictions may determine, based on the needs and population served, whether to allow drugs or alcohol by occupants (previous version prohibited use).

SB 5946 also specifies that this exemption is in addition to other emergency-related exemptions and does not limit or change those other SEPA exemptions.