BP BHEAD INT S

AN ACT Relating to the integration of state and local permit requirements at the department of transportation; and adding new sections to chapter 47.04 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. It is the intent of the legislature that state transportation projects be constructed in such a way as to preserve the natural environment to the greatest extent practical. This goal is best achieved when environmental concerns are considered at an early stage of planning state transportation projects. The legislature recognizes that the provisions set forth in chapter 36.70A RCW require regional transportation plans and the transportation element of local comprehensive plans to be consistent. Currently, state transportation projects are reviewed by the regional transportation planning organizations for consistency with the regional transportation plan. Therefore, the legislature finds sufficient coordination between state and local transportation planning. However, as local jurisdictions enact ordinances and adopt permit requirements intended to implement their comprehensive plans, the department of transportation is uniquely and adversely affected by the multitude of permits required for state transportation projects that cross jurisdictional boundaries. These permit requirements are often duplicative, conflicting, and time consuming, resulting in needless delays at the expense of the state taxpayers.

Under current practices, most permit applications for transportation projects are not accepted by the permitting agencies until the project has been substantially designed. Alterations to the design at such a late stage of project development places unreasonable demands upon the department to significantly alter engineering designs for those transportation facilities. This results in significant project delays, which place extraordinary burdens upon the taxpayers. Therefore, the legislature finds it necessary to find alternative methods for protecting the state's natural resources by promoting state and local cooperation in the development of systematic, comprehensive environmental protections as they relate to the design and construction of transportation projects.

NEW SECTION. Sec. 2. (1) The department, in cooperation with a multidisciplined body of environmental and transportation experts and other affected agencies, shall convene a series of meetings for the purpose of developing departmental environmental policies and procedures. These policies and procedures may vary from one region of the state to another, and may be tailored to meet the environmental and transportation needs of that particular region. The secretary or a designee shall work jointly with the directors or designees of the departments of ecology, fisheries, wildlife, and natural resources, the Puget Sound water quality authority, representatives from cities and counties from eastern and western Washington, representatives from regional transportation planning organizations, and tribal organizations in the development of the policies and procedures.

(2) No later than June 30, 1995, the secretary shall present the policies and procedures, together with any recommendations, to the joint select legislative committee established under section 5 of this act. Upon approval of the joint select committee, the department shall adopt and adhere to those policies and procedures.

NEW SECTION. Sec. 3. (1) The body convened under section 2 of this act shall develop policies and procedures for, but not be limited to, erosion controls; geotechnical investigations; wetlands mitigation and enhancement; management of storm water runoff; flood controls; handling, mixing, storing, transporting, and disposing of hazardous or dangerous materials, including sediments; pesticide usage; storage and use of deicing agents; prevention and mitigation of noise; and protection of fish and wildlife habitat. To the extent practicable, best management practices shall be defined for each environmental concern and shall be incorporated into the proposed policies and procedures.

(2) The department, in cooperation with state and local agencies, shall develop policies and procedures to ensure uniform application contents and requirements for substantial development permits required under the State Environmental Policy Act, chapter 43.21C RCW.

NEW SECTION. Sec. 4. The adoption of departmental policies and procedures related to environmental concerns will promote more uniform and expeditious review by the agencies authorized to grant permits. To further enhance the timeliness of permit review, the department and the permit-granting agencies shall adhere to the following schedule:

(1) The department shall seek conditional permit approval from the relevant permit-granting agencies upon submittal of a project draft design report and documentation required under the State Environmental Policy Act, chapter 43.21C RCW. For purposes of this section, state and local agencies may require only the following information in a project design report:

(a) A statement describing the specific need for the project;

(b) A description of the design alternatives considered, and the reasoning for rejecting the alternatives and for selecting the preferred alternative;

(d) Descriptions, tables, and charts necessary to explain the costs of project construction;

(e) A statement that the design conforms with the environmental policies and procedures developed under sections 1 through 5 of this act, or a detailed explanation of the reasons for deviation from those policies and procedures; and

(f) A description of required project maintenance.

(2) Permit-granting agencies shall respond to the identified environmental impacts and proposed mitigations contained within the SEPA document and draft design report within thirty days from the receipt of documents identified in subsection (2) of this section. Failure to respond within the statutory time period constitutes approval for a conditional permit for the proposed project.

(3) The department shall then respond to the concerns identified by the relevant permit-granting agencies within thirty days and resubmit the design report, together with any modifications, to the permit-granting agencies. The design report is considered full and complete upon resubmittal by the department to the permit-granting agencies.

(4) Once the design report is considered full and complete under subsection (3) of this section, within fifteen days the permit-granting agency shall either (a) grant conditional permit approval; (b) grant conditional permit approval, with the permit-granting agency accepting the responsibility for any costs in excess of those submitted in the final design report that the permit-granting agency deems necessary to design and construct the project to a more stringent standard than proposed in the final design report; or (c) deny conditional permit approval.

(5) If the proposed project is granted conditional permit approval, the department may proceed with detailed design and contract plans and specifications may be prepared.

Denials of conditional permits under sections 1 through 5 of this act must be accompanied by a description of the legal grounds for such denial.

If the conditional permit application is denied, the department shall cease all design and planning for the project. The department may appeal denial of the permit application to the Thurston county superior court. The court shall review the permit application de novo. The court shall presume the permit application to be complete and in compliance, and the permit-granting agency has the burden of proving noncompliance.

NEW SECTION. Sec. 5. The house of representatives committee on environmental affairs, the house of representatives committee on local government, the senate committee on ecology and parks, and the senate committee on government operations shall each appoint two members to the joint select committee described in section 2 of this act. The legislative transportation committee shall appoint four members to the joint select committee. To the greatest extent possible, the joint select committee should reflect a balance between legislators from the eastern and western parts of the state, between urban and rural parts of the state, and between the two major political parties.

NEW SECTION. Sec. 6. Sections 1 through 5 of this act are added to chapter 47.04 RCW.