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2021 Senate Bill 5428: Concerning the application of the state environmental policy act to temporary shelters and transitional encampments
Introduced by Sen. Joe Nguyen (West Seattle) (D) on February 5, 2021
Referred to the Senate Housing & Local Government Committee on February 5, 2021
Substitute offered in the Senate on February 11, 2021
Exempts permit actions to site a temporary shelter or transitional encampment for people experiencing homelessness from State Environmental Policy Act requirements.
Referred to the Senate Rules Committee on February 12, 2021
Amendment offered by Sen. Joe Nguyen (West Seattle) (D) on February 8, 2022
(1) Adds the following requirements in order for a SEPA exemption to apply to transitional encampments and temporary shelters: (a) Clarifies that the jurisdiction in which the facility will be located must have declared homelessness as a state of emergency. (b) Requires that written notice be provided to any town, city, or county within .25 miles of the facility at least 14 days before the permit application is submitted. (c) Requires the facility operator to establish a community advisory committee to provide input on facility operations with one representative from nearby jurisdictions, and for the operator to provide quarterly reports to the committee. (d) Requires the allowance of drugs or alcohol by facility occupants to be based on an analysis of the needs and population served by the specific facility. (e) Requires the facility to comply with applicable drainage, erosion control, and water quality regulations and be consistent with national and state water pollution control permits. (2) Extends the time limit a transitional encampment or emergency shelter can be used on site from three to five years for the SEPA exemption to apply. (3) Expires the SEPA exemption August 1, 2032. (4) Adds an emergency clause, with the bill to take effect immediately.
The amendment passed by voice vote in the Senate on February 8, 2022
Amendment offered by Sen. Phil Fortunato (Auburn) (R) on February 8, 2022
Deletes the reference to the federal NPDES permit and clarifies the applicability of state stormwater permitting requirements which are more restrictive than federal NPDES permit requirements.
The amendment failed by voice vote in the Senate on February 8, 2022
Amendment offered by Sen. Jim McCune, (R-Graham) (R) on February 8, 2022
Adds a requirement that the temporary shelter/temporary encampment host or operator develop a solid waste management program for the facility to qualify for a SEPA exemption.
The amendment passed by voice vote in the Senate on February 8, 2022
Amendment offered by Sen. Simon Sefzik (Whatcom County) (R) on February 8, 2022
Adds a requirement that the local jurisdiction require and make available employment, mental health, and drug counseling services at the facility for it to qualify for a SEPA exemption.
The amendment passed by voice vote in the Senate on February 8, 2022
Amendment offered by Sen. Shelly Short (Addy) (R) on February 8, 2022
Directs the advisory committee to create a process to address community complaints so that the community can have an outlet to address perceived problems.
The amendment passed by voice vote in the Senate on February 8, 2022
Amendment offered by Sen. Jeff Wilson (Longview) (R) on February 8, 2022
Adds a requirement that the temporary shelter/temporary encampment host or operator develop a medical waste disposal plan for the facility to qualify for a SEPA exemption.
The amendment passed by voice vote in the Senate on February 8, 2022
Amendment offered by Sen. Jeff Wilson (Longview) (R) on February 8, 2022
Adds a requirement that the temporary shelter/temporary encampment host or operator develop a disengagement plan for cleanup for the facility to qualify for a SEPA exemption.
The amendment passed by voice vote in the Senate on February 8, 2022
Received in the House on February 11, 2022
Referred to the House Environment & Energy Committee on February 11, 2022