Title 43, STATE GOVERNMENT—EXECUTIVE

The following nonproject actions are categorically exempt from the requirements of this chapter: (1) Amendments to development regulations that are required to ensure consistency with an adopted comprehensive plan pursuant to RCW 36.70A.040, where the comprehensive plan was previ…

(1) The lead agency for an environmental review under this chapter utilizing an environmental checklist developed by the department of ecology pursuant to RCW 43.21C.110 may identify within the checklist provided to applicants instances where questions on the checklist are adequa…

(1) The department [of ecology] must amend the categorical exemption available to Washington department of transportation projects under WAC 197-11-800(26) as of July 24, 2015, so that the same categorical exemption applies to structurally deficient city, town, or county bridge r…

The repair or replacement of a state bridge deemed structurally deficient, as defined in RCW 47.04.010, is exempt from compliance with this chapter as long as the action occurs within the existing right-of-way, except that the repair or replacement may occur outside the existing …

The formation of a community facilities district under chapter 36.145 RCW is exempted from compliance with this chapter, unless such formation constitutes a final agency decision to undertake construction of a structure or facility not otherwise exempt under state law or rule. [ …

(1) Adoption of ordinances, development regulations and amendments to such regulations, and other nonproject actions taken by a city to implement: The actions specified in section 2, chapter 246, Laws of 2022 unless the adoption of such ordinances, development regulations and ame…

The adoption of ordinances, amendments to comprehensive plans, amendments to development regulations, and other nonproject actions taken by a county or city pursuant to RCW 36.70A.070(9) (d) or (e) in order to implement measures specified by the department of commerce pursuant to…

(1) Project actions described in this section that pertain to residential, multifamily, or mixed-use development evaluated under this chapter by a city or town planning under RCW 36.70A.040 are exempt from appeals under this chapter on the basis of the evaluation of or impacts to…

Any applicant whose project qualifies as exempt or categorically exempt under either this chapter or under rules adopted pursuant to this chapter is not required to file an environmental checklist if other information is available to establish that a project qualifies for an exem…

The review under this chapter of greenhouse gas emissions from a new or expanded facility subject to the greenhouse gas emission reduction requirements of chapter 70A.65 RCW must occur consistent with RCW 70A.65.080(9). [ 2021 c 316 s 34.] Notes: Short title—2021 c 316: See RCW 7…

Amendments to regulations and other nonproject actions taken by a city or county to adopt or implement the model ordinance created by the department under RCW 70A.207.030 is not subject to the requirements of this chapter. [ 2022 c 180 s 406.] Notes: Findings—Intent—Scope of auth…

(1) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise. (a) "Alternative energy resource" has the same meaning as defined in RCW 80.50.020. (b) "Alternative jet fuel" has the same meaning as defined in RCW 43.158.010. (c…

(1) The department of ecology shall prepare nonproject environmental impact statements, pursuant to RCW 43.21C.030, that assess and disclose the probable significant adverse environmental impacts, and that identify related mitigation measures, for each of the following categories…

(1) A lead agency conducting a project-level environmental review under this chapter of a clean energy project identified in RCW 43.21C.535(1) must consider a nonproject environmental impact statement prepared pursuant to RCW 43.21C.535 in order to identify and mitigate project-l…

(1) Actions to mitigate light pollution at a utility-scale wind energy facility as required under RCW 70A.550.020, are categorically exempt from the requirements of this chapter. (2) For the purposes of this section, "utility-scale wind energy facility" has the same meaning as de…

In the event of a disagreement over the scope of a transit project, state agencies, cities, and counties shall accept the detailed statement prepared by the transit agency under RCW 43.21C.030(2)(c) as the sole environmental review document, rather than conducting separate enviro…

The following actions are categorically exempt from the requirements of this chapter, except when undertaken wholly or partly on lands covered by water: (1)(a) Except as provided in (b) of this subsection, the placement of an array of solar energy generation panels or associated …

If a county, city, or town has designated a permit responsible official under RCW 36.70B.060 on a residential project permit application, that official must also be designated as the responsible official when the county, city, or town is the lead agency responsible for complying …

This chapter shall be known and may be cited as the "State Environmental Policy Act" or "SEPA". [ 1995 c 347 s 207; 1971 ex.s. c 109 s 7.] Notes: Finding—Severability—Part headings and table of contents not law—1995 c 347: See notes following RCW 36.70A.470.

Section headings as used in this act do not constitute any part of the law. [ 1983 c 117 s 14.]

Sections 3 and 4 of this act apply to agency decisions and to appeal proceedings prospectively only and not retrospectively. Sections 1, 5, 6, 7, and 8 of this act may be applied by agencies retrospectively. [ 1983 c 117 s 15.]

(1) Sections 1, 2, and 4 through 16 of this act are necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately [April 23, 1983]. (2) Section 3 of thi…

Within thirty days of May 15, 1975 the director of the Washington state department of ecology shall appoint a grass burning research advisory committee consisting of five voting members. Two members shall be grass growers selected from the area of the state east of the Cascade mo…

The grass burning research advisory committee as provided for in RCW 43.21E.010 shall solicit and review research proposals for reducing or to develop alternates to open burning of grass fields. The committee shall advise and make recommendations to the director of the Washington…

Travel expenses shall be paid to the grass burning research advisory committee members not otherwise employed by the state for meetings called by the director of the department of ecology in accordance with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended upon vou…

It is the intent and purpose of this chapter that as soon as an alternative means of grass burning is developed for the state, or by January 1, 1980, whichever is sooner the grass burning research advisory committee shall be dissolved and its actions terminated, and the director …

Notwithstanding RCW 43.21E.900, within thirty days or after June 30, 1982, the director shall reactivate the grass burning research advisory committee by appointing new members to the committee. The provisions of this chapter, other than RCW 43.21E.900, shall apply to the reactiv…

(1) The legislature finds that the state needs to implement a comprehensive energy planning process that: (a) Is based on high quality, unbiased analysis; (b) Engages public agencies and stakeholders in a thoughtful, deliberative process that creates a cohesive plan that earns su…

(1) "Assistant director" means the assistant director of the department of commerce responsible for energy policy activities; (2) "Department" means the department of commerce; (3) "Director" means the director of the department of commerce; (4) "Distributor" means any person, pr…

(1) The department shall supervise and administer energy-related activities as specified in RCW 43.330.904 and shall advise the governor and the legislature with respect to energy matters affecting the state. (2) In addition to other powers and duties granted to the department, t…

The department shall not intervene in any regulatory proceeding before the Washington utilities and transportation commission or proceedings of utilities not regulated by the commission. Nothing in this chapter abrogates or diminishes the functions, powers, or duties of the energ…

In addition to the duties prescribed in RCW 43.21F.045, the department shall have the authority to: (1) Obtain all necessary and existing information from energy producers, suppliers, and consumers, doing business within the state of Washington, from political subdivisions in thi…

(1) In addition to the duties prescribed in RCW 43.21F.045, the department must develop guidance applicable to all state agencies for achieving a unified state position upon matters involving the siting and operation of renewable energy facilities in the state's coastal and estua…

(1) The state shall use the following principles to guide development and implementation of the state's energy strategy and to meet the goals of RCW 43.21F.010: (a) Pursue all cost-effective energy efficiency and conservation as the state's preferred energy resource, consistent w…

(1) The department shall review the state energy strategy by December 31, 2020, and at least once every eight years thereafter, subject to funding provided for this purpose, for the purpose of aligning the state energy strategy with the requirements of RCW 43.21F.088 and chapters…

(1) In addition to the principles guiding the development and implementation of the state energy strategy described in RCW 43.21F.088, the state must ensure that the pursuit of cleaner energy sources actively includes and supports innovative, emerging, and promising clean energy …

(1) The following categories of clean energy facilities and nonproject activities that reduce environmental impacts are determined to constitute distributed energy priorities: (a) Solar energy generation and accompanying energy storage and electricity transmission and distributio…

The western interstate nuclear compact is hereby enacted into law and entered into by the state of Washington as a party, and is in full force and effect between the state and any other states joining therein in accordance with the terms of the compact, which compact is substanti…

The board member from Washington shall be appointed by and shall serve at the pleasure of the governor. The board member may designate another person as his or her representative to attend meetings of the board. [ 2009 c 549 s 5098; 1969 c 9 s 2. Formerly RCW 43.31.405.] Notes: S…

All departments, agencies and officers of this state and its subdivisions are directed to cooperate with the board in the furtherance of any of its activities pursuant to the compact. [ 1969 c 9 s 3. Formerly RCW 43.31.410.] Notes: Severability—1969 c 9: See note following RCW 43…

Pursuant to Article II(j) of the compact, the western interstate nuclear board shall file copies of its bylaws and any amendments thereto with the secretary of state of the state of Washington. [ 1969 c 9 s 4. Formerly RCW 43.31.415.] Notes: Severability—1969 c 9: See note follow…

The laws of the state of Washington and any benefits payable thereunder shall apply and be payable to any persons dispatched to another state pursuant to Article VI of the compact. If the aiding personnel are officers or employees of the state of Washington or any subdivisions th…

(1) The department must identify high priority transmission corridors from those identified in the western transmission expansion coalition's west-wide transmission needs study 10-year horizon report published in February 2026. The department must also consider the 20-year horizo…

The legislature finds that energy in various forms is increasingly subject to possible shortages and supply disruptions, to the point that there may be foreseen an emergency situation, and that without the ability to institute appropriate emergency measures to regulate the produc…

As used in this chapter: (1) "Energy supply facility" means a facility which produces, extracts, converts, transports, or stores energy. (2) "Energy" means any of the following, individually or in combination: Petroleum fuels; other liquid fuels; natural or synthetic fuel gas; so…

It is the intent of the legislature that the governor shall, in developing plans for the production, allocation, and consumption of energy, give high priority to supplying vital public services including, but not limited to, essential governmental operations, public health and sa…