One of the many housing bills that passed last year was SB 5412, which provided a State Environmental Policy Act (SEPA) categorical exemption for residential development. The devil is always in the details, however, and the laudable policy resulted in confusion on implementation due to drafting choices – is this mandatory or optional? If mandatory, is it automatic or does a city have to adopt it? Is this a project-by-project or residential-wide exemption?

AWC worked during the legislative interim to support what’s known as a “trailer bill” – a bill that follows past legislation to fix unintended consequences and clarify areas of confusion. SB 6061, sponsored by Sen. Liz Lovelett (D-Anacortes), is the result.

The trailer bill makes the following changes:

• Moves the entire new law out of RCW 43.21C.229, which are voluntary categorical exemptions, to a new section in RCW 43.21C to clarify that the new law is mandatory.
• Clarifies that a city must adopt the exemption by its next implementation progress report or five years after its comprehensive plan update if the city is not required to submit progress reports to Commerce.
• Fixes the “a city shall find” issue to “a city has determined” that the proposed development is consistent with development regulations and the comprehensive plan.
• Adds that the development must be capable of being connected to existing sewer at time of construction.
• Clarifies that the environmental analysis has been prepared for the jurisdiction and considered the proposed use or intensity of use.
• Adds that the environmental analysis must include documentation that the requirements for analysis and protection of cultural resources, and required mitigation for impacts to cultural resources, have been adequately addressed by the development to be exempted. This last element is raising some concerns, and we are working with advocates to find other ways to address this issue.

Date to remember

SB 6061 is scheduled for a vote in the House Local Government, Land Use, & Tribal Affairs Committee on Wednesday, February 21 at 8 am.