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• Introduced by Rep. Geoff Simpson, (D-Covington) (D) on January 27, 2009, brings the shoreline management act in line with growth management act considerations. Directs that wetlands, fish and wildlife habitat conservation areas within the jurisdiction of the shoreline management act (SMA) , must be governed by that act while conservation efforts directed at wetlands outside the SMA jurisdiction will be governed by the Growth Management Act. (See also Companion SB 5726).
  • Referred to the House Local Government & Housing Committee on January 27, 2009.
  • Referred to the House Rules Committee on February 17, 2009.
    • Amendment offered by Rep. Geoff Simpson, (D-Covington) (D) on February 15, 2010, to remove amendatory provisions in the underlying bill pertaining to the protection of wetlands and fish and wildlife habitat conservation areas in shorelines of the state. Specifies that, with some exceptions, development regulations adopted under the Growth Management Act (GMA) to protect critical areas within shorelines of the state apply within these areas until the Department of Ecology (DOE) takes one of several delineated approval actions. Includes provisions for the modification and redevelopment legally established or vested structures within shorelines of the state. Specifies that upon DOE approval of a shoreline master program (SMP) or critical area segment of an SMP, critical areas within shorelines of the state are protected under the Shoreline Management Act (SMA) and, with limited exceptions, are not subject to the procedural and substantive requirements of the GMA. Specifies that SMPs must provide a level of protection to critical areas located within shorelines of the state that assures no net loss of shoreline ecological functions necessary to sustain shoreline natural resources as defined by guidelines of the DOE adopted pursuant to specific provisions of the SMA, rather than guidelines effective on or after January 17, 2004. Removes amendatory provisions for SMPs in the underlying bill pertaining to the protection of wetlands and fish and wildlife habitat conservation areas. Defines "comprehensive master program update" in the SMA. Establishes that a specific provision of the GMA that is modified in the striking amendment governs the relationship between SMPs and development regulations to protect critical areas that are adopted under the GMA. Adds a retroactive effective date of July 27, 2003. Adds an emergency clause. Modifies intent language. The amendment passed in the House by voice vote on February 15, 2010.
    • Amendment offered by Rep. Barbara Bailey, (R-Oak Harbor) (R) on February 15, 2010, to remove the emergency clause. The amendment failed in the House by voice vote on February 15, 2010.
    • Amendment offered by Rep. David Taylor, (R-Moxee) (R) on February 15, 2010, modifies the intent language. The amendment failed in the House by voice vote on February 15, 2010.
    • Amendment offered by Rep. David Taylor, (R-Moxee) (R) on February 15, 2010, to delete a provision specifying that applicable guidelines of the Department of Ecology must be used in determining compliance of a shoreline master program with the Growth Management Act. Deletes amendatory provisions in the striking amendment pertaining to the protection of critical areas within shorelines of the state and restores current statutory language. Includes a consistency requirement pertaining to shoreline master programs. The amendment failed in the House by voice vote on February 15, 2010.
    • Amendment offered by Rep. David Taylor, (R-Moxee) (R) on February 15, 2010, to modify the proposed definition of "comprehensive master program update" by, in part, replacing a reference to guidelines of the Department of Ecology with a reference to the Shoreline Management Act and the Growth Management Act . The amendment failed in the House by voice vote on February 15, 2010.
    • Amendment offered by Rep. David Taylor, (R-Moxee) (R) on February 15, 2010, deletes the retroactive effective date. The amendment failed in the House by voice vote on February 15, 2010.
    • Amendment offered by Rep. David Taylor, (R-Moxee) (R) on February 15, 2010, to modify provisions governing appeals of decisions by the Department of Ecology to approve, reject, or modify proposed shoreline master programs or amendments by, in part, prohibiting the Growth Management Hearings Board and the Shorelines Hearings Board from finding that a program or amendment is inconsistent with shoreline guidelines of the DOE. Deletes a provision specifying that the aggrieved local government has the burden of proof in reviews by the Shorelines Hearings Board. The amendment failed in the House by voice vote on February 15, 2010.
    • Amendment offered by Rep. David Taylor, (R-Moxee) (R) on February 15, 2010, to specify that uses or structures within shorelines of the state that were established or vested on or before the effective date of the local government's development regulations to protect critical areas may continue as a conforming use and may be redeveloped or modified if the redevelopment or modification is consistent with the local government's master program in existence before the effective date of the local government's updated development regulations to protect critical areas. Specifies that when determining the extent of an area being used for agricultural activities, local governments and the Department of Commerce must make their determination based upon, to the greatest extent possible, historical activities. The amendment failed in the House by voice vote on February 15, 2010.
• Passed in the House (58 to 39) on February 15, 2010, modifies provisions in the Growth Management Act (GMA) pertaining to the integration of the GMA and the Shoreline Management Act and also establishes new provisions in the GMA pertaining to the regulation and protection of certain critical areas that are located within shorelines of the state. The bill is declared an emergency and establishes a July 27, 2003 application date. [Vote Details and Comments]
• Received in the Senate on February 17, 2010.
  • Referred to the Senate Environment, Water & Energy Committee on February 17, 2010.
  • Referred to the Senate Rules Committee on February 25, 2010.
• Passed in the Senate (35 to 10) on March 2, 2010, modifies provisions in the Growth Management Act (GMA) pertaining to the integration of the GMA and the Shoreline Management Act. Establishes new provisions in the GMA pertaining to the regulation and protection of critical areas that are located within shorelines of the state. [Vote Details and Comments]
• Signed by Gov. Christine Gregoire on March 18, 2010.