1893-S2.E AMS EQWR S2595.2

E2SHB 1893 - S COMM AMD

By Committee on Environmental Quality & Water Resources

    Strike everything after the enacting clause and insert the following:

    "NEW SECTION. Sec. 1.  The legislature finds that facilitating the environmental permit process will increase citizen satisfaction and compliance with state and local permit requirements.  Lack of coordination in the processing of permit applications causes costly delays and frustration to the applicant and the public.  The public deserves a clear, predictable system for land-use decisions that ensures an adequate opportunity for public participation and comment.  The legislature also finds that permit processes can be improved by enabling and requiring state and local permit agencies to coordinate their permit processes to the greatest extent possible.

    Sec. 2.  RCW 36.70A.020 and 1990 1st ex.s. c 17 s 2 are each amended to read as follows:

    The following goals are adopted to guide the development and adoption of comprehensive plans and development regulations of those counties and cities that are required or choose to plan under RCW 36.70A.040.  The following goals are not listed in order of priority and shall be used exclusively for the purpose of guiding the development of comprehensive plans and development regulations:

    (1) Urban growth.  Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner.

    (2) Reduce sprawl.  Reduce the inappropriate conversion of undeveloped land into sprawling, low-density development.

    (3) Transportation.  Encourage efficient multimodal transportation systems that are based on regional priorities and coordinated with county and city comprehensive plans.

    (4) Housing.  Encourage the availability of affordable housing to all economic segments of the population of this state, promote a variety of residential densities and housing types, and encourage preservation of existing housing stock.

    (5) Economic development.  Encourage economic development throughout the state that is consistent with adopted comprehensive plans, promote economic opportunity for all citizens of this state, especially for unemployed and for disadvantaged persons, and encourage growth in areas experiencing insufficient economic growth, all within the capacities of the state's natural resources, public services, and public facilities.

    (6) Property rights.  Private property shall not be taken for public use without just compensation having been made.  The property rights of landowners shall be protected from arbitrary and discriminatory actions.

    (7) Permits.  ((Applications for both)) State and local government permit((s)) agencies should ((be processed)) coordinate and process permits in a timely and fair manner to ensure predictability for applicants.

    (8) Natural resource industries.  Maintain and enhance natural resource-based industries, including productive timber, agricultural, and fisheries industries.  Encourage the conservation of productive forest lands and productive agricultural lands, and discourage incompatible uses.

    (9) Open space and recreation.  Encourage the retention of open space and development of recreational opportunities, conserve fish and wildlife habitat, increase access to natural resource lands and water, and develop parks.

    (10) Environment.  Protect the environment and enhance the state's high quality of life, including air and water quality, and the availability of water.

    (11) Citizen participation and coordination.  Encourage the involvement of citizens in the planning process and ensure coordination between communities and jurisdictions to reconcile conflicts.

    (12) Public facilities and services.  Ensure that those public facilities and services necessary to support development shall be adequate to serve the development at the time the development is available for occupancy and use without decreasing current service levels below locally established minimum standards.

    (13) Historic preservation.  Identify and encourage the preservation of lands, sites, and structures, that have historical or archaeological significance.

    Sec. 3.  RCW 58.17.095 and 1986 c 233 s 1 are each amended to read as follows:

(1) A county, city, or town may adopt an ordinance providing for the administrative review of a preliminary plat without a public hearing ((by adopting an ordinance providing for such administrative review)).  The ordinance may specify a threshold number of lots in a subdivision above which a public hearing must be held, and may specify other factors which necessitate the holding of a public hearing.  ((The administrative review process shall include the))

(2) If the county, city, or town has not adopted consolidated permitting procedures and time frames as provided in chapter 36.70B RCW, it shall conduct administrative review of preliminary plats consistent with the following minimum conditions:

    (((1))) (a) The notice requirements of RCW 58.17.090 shall be followed, except that the publication shall be made within ten days of the filing of the application.  Additionally, at least ten days after the filing of the application notice both shall be:  (((a))) (i) Posted on or around the land proposed to be subdivided in at least five conspicuous places designed to attract public awareness of the proposal; and (((b))) (ii) mailed to the owner of each lot or parcel of property located within at least three hundred feet of the site.  The applicant shall provide the county, city, or town with a list of such property owners and their addresses.  The notice shall include notification that no public hearing will be held on the application, except as provided by this section.  The notice shall set out the procedures and time limitations for persons to require a public hearing and make comments.

    (((2))) (b) Any person shall have a period of twenty days from the date of the notice to comment upon the proposed preliminary plat.  All comments received shall be provided to the applicant.  The applicant has seven days from receipt of the comments to respond thereto.

    (((3))) (c) A public hearing on the proposed subdivision shall be held if any person files a request for a hearing with the county, city, or town within twenty-one days of the publishing of such notice.  If such a hearing is requested, notice requirements for the public hearing shall be in conformance with RCW 58.17.090, and the ninety-day period for approval or disapproval of the proposed subdivision provided for in RCW 58.17.140 shall commence with the date of the filing of the request for a public hearing.  Any hearing ordered under this subsection shall be conducted by the planning commission or hearings officer as required by county or city ordinance.

    (((4))) (d) On its own initiative within twenty-one days of the filing of the request for approval of the subdivision, the governing body, or a designated employee or official, of the county, city, or town, shall be authorized to cause a public hearing to be held on the proposed subdivision within ninety days of the filing of the request for the subdivision.

    (((5))) (e) If the public hearing is waived as provided in this section, the planning commission or planning agency shall complete the review of the proposed preliminary plat and transmit its recommendation to the legislative body as provided in RCW 58.17.100.

(3) If the county, city, or town has adopted consolidated permitting procedures and time frames as provided in chapter 36.70B RCW, it may conduct administrative review of preliminary plats consistent with its procedures and time frames.  At a minimum, local permitting procedures and time frames related to administrative review of preliminary plats shall provide for:

(a) Notice of application by publication, posting, and mailing.  All forms of notice shall include a prominent statement that no public hearing will be held on the application, except as provided by this section.  All forms of notice shall clearly state procedures and time frames for persons to make comments on the proposal and request a public hearing.

(b) Written comments on the application by any person.  Comments received shall be provided to the applicant, and the applicant shall be provided seven days from receipt of the comments to respond thereto.

(c) A public hearing on the application if any person files a request for a hearing within the time frame specified.  If a hearing is requested, notice requirements for the public hearing and the time frame for approval or disapproval of the application shall be consistent with other local permitting procedures.  Any hearing conducted under this subsection shall be conducted by the planning commission or hearing officer as required by local ordinance.

(d) A public hearing on the application if the legislative or executive branch of the county, city, or town so requests within the time frame specified.

(e) Expedited agency review and transmittal of its recommendation on the application to the legislative body of the county, city, or town, if there is no request for public hearing.

    Sec. 4.  RCW 90.60.010 and 1995 c 347 s 601 are each amended to read as follows:

    The legislature hereby finds and declares:

    (1) Washington's environmental protection programs have established strict standards to reduce pollution and protect the public health and safety and the environment.  The single-purpose programs instituted to achieve these standards have been successful in many respects, and have produced significant gains in protecting Washington's environment in the face of substantial population growth.

    (2) Continued progress to achieve the environmental standards in the face of continued population growth will require greater coordination between the single-purpose environmental programs and more efficient operation of these programs overall.  Pollution must be prevented and controlled and not simply transferred to another media or another place.  This goal can only be achieved by maintaining the current environmental protection standards and by greater integration of the existing programs.

    (3) As the number of environmental laws and regulations have grown in Washington, so have the number of permits required of business and government.  This regulatory burden has significantly added to the cost and time needed to obtain essential permits in Washington.  The increasing number of individual permits and permit authorities has generated the continuing potential for conflict, overlap, and duplication between the various state, local, and federal permits.

    (4) The purpose of this chapter is to institute new, efficient procedures that will assist businesses and public agencies in complying with the environmental quality laws in an expedited fashion, without reducing protection of public health and safety and the environment.

    (5) Those procedures need to provide a permit process that promotes effective dialogue and ensures ease in the transfer and clarification of technical information, while preventing duplication.  It is necessary that the procedures establish a process for preliminary and ongoing meetings between the applicant, the coordinating permit agency, and the participating permit agencies, but do not preclude the applicant or participating permit agencies from individually coordinating with each other.

    (6) It is necessary, to the maximum extent practicable, that the procedures established in this chapter ensure that the coordinated permit agency process and applicable permit requirements and criteria are integrated and run concurrently, rather than consecutively.

    (7) It is necessary to provide a reliable and consolidated source of information concerning federal, state, and local environmental and land use laws and procedures that apply to any given proposal.

    (8) It is the intent of this chapter to provide an optional process by which a project proponent may obtain active coordination of all applicable regulatory and land-use permitting procedures.  This process is not to replace individual laws, or diminish the substantive decision-making role of individual jurisdictions.  Rather it is to provide predictability, administrative consolidation, and, where possible, consolidation of appeal processes.

    (9) It is also the intent of this chapter ((to provide)) that by providing an optional coordinated permit process, measures are taken by the parties that promote the public's trust and confidence in the underlying permit process, including providing consolidated, effective, and easier opportunities for members of the public to receive information and present their views about proposed projects.

    Sec. 5.  RCW 90.60.020 and 1995 c 347 s 602 are each amended to read as follows:

    Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

    (1) "Center" means the permit assistance center established in the ((commission [department])) department by RCW 90.60.030.

    (2) "Coordinating permit agency" means the permit agency that has the greatest overall jurisdiction over a project.

    (3) "Department" means the department of ecology.

    (4) "Local government" means counties, cities, and towns.

(5) "Participating permit agency" means a permit agency, other than the coordinating permit agency, that is responsible for the issuance of a permit for a project.

    (((5))) (6) "Parties" collectively means the coordinating permit agency, permit agency, and participating permit agency.

(7) "Permit" means any license, certificate, registration, permit, or other form of authorization required by a permit agency to engage in a particular activity.

    (((6))) (8) "Permit agency" means:

    (a) The department of ecology, an air pollution control authority, the department of natural resources, the department of fish and wildlife, and the department of health; and

    (b) Any other state or federal agency or county, city, or town that participates at the request of the permit applicant and upon the agency's agreement to be subject to this chapter.

    (((7))) (9) "Project" means an activity, the conduct of which requires permits from one or more permit agencies.

(10) "Small project" means a project for which the applicants do not enter into a cost reimbursement agreement as authorized by RCW 90.60.100, and the project:

(a) Will require fewer than five permits from the state permit agencies;

(b) Will employ fewer than twenty-five persons; or

(c) Estimates a completed assessed value of less than five hundred thousand dollars.

(11) "Use authorization" means a lease, material purchase, easement, permit, or other document authorizing use of state-owned aquatic lands, materials, or both.

    Sec. 6.  RCW 90.60.030 and 1997 c 429 s 35 are each amended to read as follows:

(1) The permit assistance center is established within the department.  The center shall:

    (((1))) (a) Publish and keep current one or more handbooks containing lists and explanations of all permit laws.  To the extent possible, the handbook shall include relevant local, state, federal, and tribal laws.  A state agency or local government shall provide a reasonable number of copies of application forms, statutes, ordinances, rules, handbooks, and other informational material requested by the center and shall otherwise fully cooperate with the center.  The center shall seek the cooperation of relevant federal agencies and tribal governments;

    (((2))) (b) Establish, and make known, a point of contact for distribution of the handbook and advice to the public as to its interpretation in any given case;

    (((3))) (c) Work closely and cooperatively with the business license center in providing efficient and nonduplicative service to the public;

    (((4))) (d) Seek the assignment of employees from the permit agencies ((listed under RCW 90.60.020(6)(a))) as defined in this chapter to serve on a rotating basis in staffing the center;

    (((5))) (e) Collect and disseminate information to public and private entities on federal, state, local, and tribal government programs that rely on private professional expertise to assist governmental agencies in project permit review; and

    (((6))) (f) Provide ((an annual)) a biennial report to the legislature ((on potential conflicts and perceived inconsistencies among existing statutes.  The first report shall be submitted to the appropriate standing committees of the house of representatives and senate by December 1, 1996.)) that includes:

(i) Statutory and other recommendations for streamlining and coordinating environmental permitting in Washington;

(ii) Summarizes the results of the center's efforts to measure performance and outcomes over time;

(iii) Summarizes, evaluates, and makes statutory and other recommendations for improving the center's and permitting agencies' efforts to provide public notice efficiently and for promoting effective public participation in permitting processes;

(iv) Details efforts on the part of the center, the department, and the parties to promote the public's trust and confidence in the permitting process.  Examples of such efforts include, but are not limited to, the development of statutory and other policies and procedures, guidance, roles, and responsibilities; and

(v) Shows revenues generated by the center's services, and the center's budget and expenditures.

(2) The department shall prioritize the expenditure of general fund moneys allotted to the center to provide a set of services to the applicants of small projects.

NEW SECTION. Sec. 7.  A new section is added to chapter 90.60 RCW to read as follows:

    The department is encouraged to establish permit assistance center offices at department regional and field offices to provide better access to the center's services in all areas of the state.  Staffing for the regional permit assistance centers may be provided with funding from the state general fund and funds from other sources.

    Sec. 8.  RCW 90.60.100 and 1995 c 347 s 610 are each amended to read as follows:

    (1) The ((coordinating permit agency)) parties may enter into a written cost-reimbursement agreement with the applicant to recover from the applicant the reasonable costs incurred by the ((coordinating permit agency)) parties in carrying out the requirements of this chapter, as well as the requirements of other relevant laws, as they relate to permit coordination, environmental review, application review, technical studies, and permit processing.

    (2) The ((coordinating permit agency may recover only the costs of performing those coordinated permit services and)) written cost-reimbursement agreement shall be negotiated with the permit applicant ((in)) following the meeting required pursuant to RCW 90.60.070.  Permit agencies may assign work to current staff, temporary staff, or technical consultants in order to carry out the work covered by the written cost-reimbursement agreement or the work remaining for the permit agency as a result of the coordinated permit process.  The billing process shall provide for accurate time and cost accounting and may include a billing cycle that provides for progress payments.

NEW SECTION. Sec. 9.  A new section is added to chapter 90.60 RCW to read as follows:

    (1) In collaboration with local governments and state agencies the permit assistance center shall conduct a feasibility study of what might be necessary to establish an integrated permit process.  In its conduct of the study, the permit assistance center may appoint technical advisory committees to advise the center and participating agencies.  Meetings of the permit assistance center, state agencies, and local governments relating to this study shall be open to the public.  The permit assistance center shall solicit comment from interested stakeholders.  The comments received and the responses to them shall be summarized as part of the final report.

    (2) The study shall consider:

    (a) The role of preapplication conferences that would involve the  applicant and the permit agencies;

    (b) The characteristics of a complete project application;

    (c) Coordination of permitting and integration of processes;

    (d) Provisions for negotiations for cost reimbursement agreements for permitting agencies;

    (e) The types of permits that might be considered for inclusion in an integrated process;

    (f) The potential for coordination of local appeals and state appeals;

    (g) The potential for an integrated decision; and

    (h) The potential for positive outcomes on performance measures identified in RCW 90.60.030.

    (3) By December 1, 1999, the permit assistance center shall submit a report to the legislature on this study.

NEW SECTION. Sec. 10.  A new section is added to chapter 90.60 RCW to read as follows:

    (1) It is the intent of this chapter to provide an interagency forum for the discussion of significant issues related to the permitting processes and use authorizations for projects that are proposed on state-owned aquatic lands where there are multiple permits, programs, and legal authorities involved.

    (2) It is a goal of this chapter to encourage all agencies and local governments involved in issuing permits or granting use authorizations for a single project on state-owned aquatic lands to communicate with each other on a timely basis and early in the project review process in order to maximize coordination, facilitate problem resolution, promote the effectiveness of permit decisions, and enhance citizen understanding and involvement in the permit process.  It is also a goal of this chapter that all permitting or authorizing federal and state agencies, local governments, and tribal governments be involved in coordinating their respective roles related to permits or authorizations from the outset of any review process.  Tribes with fisheries interests in the project area shall also be invited to participate.

    (3) For the purposes of this section, "aquatic lands" means as it is defined in RCW 79.90.010.

NEW SECTION. Sec. 11.  A new section is added to chapter 90.60 RCW to read as follows:

    (1) The applicant, a local government, or the state agency with the greatest overall jurisdiction for a project may submit a joint aquatic resource permit application to the permit assistance center if a project proposed for the use of state-owned aquatic lands requires:

    (a) A hydraulic project approval under chapter 75.20 RCW;

    (b) A wastewater discharge permit under chapter 90.48 RCW, or a federal clean water act section 401 certification; and

    (c) A substantial development permit under chapter 90.58 RCW.

    (2) If the local government or state agency with the greatest overall jurisdiction is uncertain about whether all of the permits identified under subsection (1) of this section are required, it shall submit the completed form to the permit assistance center and allow the center to determine which permits are required.

    (3) The permit assistance center shall facilitate a project scoping  meeting including the project applicant, the department of natural resources, the department of ecology, the department of fish and wildlife, and the local governments in whose jurisdiction the project is proposed.  Federal agencies and tribal governments that either issue or may require a permit, or that may require a use authorization for the project or have fishery resources that might be affected by the project, shall each be invited to name a representative to participate in the coordinated permit review process for proposed projects on state-owned aquatic lands.  All participating agencies are encouraged to remain in communication for purposes of coordination throughout the permit review processes until final permit decisions are made.

    (4) The purpose of the scoping meeting is to share perspectives and identify the issues and information needs of concern to each participant with regard to the proposed project, and jointly develop a strategy for coordinating permitting and issuance of use authorization  issues.  This project scoping process shall be concluded within sixty days of the date of receipt of the joint aquatic resource permit application by the permit assistance center.

    (a) During this review, the participating agencies shall identify:

    (i) The specific information needs and issues of concern and their significance to each participant with regard to the permitting processes involved;

    (ii) Any statutory or regulatory conflicts that might arise relating to differing legal authorities and roles of the agencies issuing the permit or use authorization of the project;

    (iii) Any state or local jurisdiction or private sector liability that might result from permitting or issuing a use authorization for the project; and

    (iv) Any natural resources, including federal or state listed species, that might be adversely affected by the permitting or authorizing decision.

    (b) Following this project scoping review, the outcome shall be documented in written form and furnished to the applicant, and be available to the public.

    (c) Upon completion of this review, the permitting and authorizing agencies and governments shall proceed according to their respective statutes.  Nothing in this section may prevent the parties from reconvening later in the course of the permitting or use authorization process.

NEW SECTION. Sec. 12.  A new section is added to chapter 75.20 RCW to read as follows:

    (1) The department shall conduct a study of the hydraulic permit program to assess the adequacy and effectiveness of the program to meet the requirements of the federal endangered species act and in providing an efficient and predictable permitting process for the public while maintaining the department's oversight of the state-wide interest in fish habitat.  The study shall evaluate the potential effects of authorizing a local government to issue, enforce site-specific permits, or both, and recommend changes to the program to comply with the requirements of the federal endangered species act.  The department shall provide an interim report to the legislature by January 15, 2000, and a final report on the results of the study to the legislature by December 1, 2000.

    (2) The legislature encourages the department to review its hydraulic project approval program to determine the extent to which the program meets the requirements of the federal endangered species act, and to seek approval of the program under the federal endangered species act.

    (3) The department shall report to the legislature on January 1, 2000, and January 1, 2001, on the status of any program submitted for review to federal agencies implementing the federal endangered species act.

NEW SECTION. Sec. 13.  A new section is added to chapter 47.01 RCW to read as follows:

    The legislature recognizes that the department is restructuring its transportation construction and maintenance programs in order to meet the requirements of the federal endangered species act, and intends to seek approval of these programs under the federal endangered species act.  The legislature further recognizes that local government transportation construction and maintenance programs might benefit from approval of the department's program under the federal endangered species act.  The department shall collaborate with local government in developing its strategy for compliance with the federal endangered species act for its transportation construction and maintenance programs.

    The department shall report to the legislature on January 1, 2000, and January 1, 2001, on the status of any program submitted for review to federal agencies implementing the federal endangered species act.

    Sec. 14.  RCW 90.58.080 and 1995 c 347 s 305 are each amended to read as follows:

(1) Local governments shall develop or amend((, within twenty-four months after the adoption of guidelines as provided in RCW 90.58.060,)) a master program for regulation of uses of the shorelines of the state consistent with the required elements of the guidelines adopted by the department.  Except as provided in subsection (2) of this section, master programs shall be reviewed for compliance with the guidelines and adopted or amended as necessary within twenty-four months after the adoption of guidelines as provided in RCW 90.58.060.

(2) Consistent with the priority salmon recovery regions and WRIA's map, as defined in the state-wide strategy to recover salmon volume 1, page V.95, and population growth data provided by the office of financial management, the following master program development or amendment schedule applies for guidelines adopted by the department before December 31, 2000:

(a) For King, Snohomish, Pierce, Clark, and Kitsap counties and the cities and towns therein with shorelines of the state, master programs shall be reviewed for compliance with the guidelines and adopted or amended as necessary within thirty-six months after the adoption of guidelines as provided in RCW 90.58.060;

(b) For Thurston, Whatcom, Benton, Yakima, Skagit, Cowlitz, Clallam, Chelan, Mason, Lewis, Jefferson, and Okanogan counties and the cities and towns therein with shorelines of the state, master programs shall be reviewed for compliance with the guidelines and adopted or amended as necessary within forty-eight months after the adoption of guidelines as provided in RCW 90.58.060;

(c) For all other counties, cities, and towns with shorelines of the state, master programs shall be reviewed for compliance with the guidelines and adopted or amended as necessary within sixty months after the adoption of guidelines amendments as provided in RCW 90.58.060.

(3) Local governments failing to meet the schedule provided in subsection (2) of this section shall not be eligible for grant moneys from the department pursuant to implementation of this section.

NEW SECTION. Sec. 15.  The following acts or parts of acts are each repealed:

(1) RCW 43.131.387 (Permit assistance center--Termination) and 1995 c 347 s 617; and

(2) RCW 43.131.388 (Permit assistance center--Repeal) and 1995 c 347 s 618.

NEW SECTION. Sec. 16.  Section 15 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect June 29, 1999."

E2SHB 1893 - S COMM AMD

By Committee on Environmental Quality & Water Resources

    On page 1, line 1 of the title, after "issuance;" strike the remainder of the title and insert "amending RCW 36.70A.020, 58.17.095, 90.60.010, 90.60.020, 90.60.030, 90.60.100, and 90.58.080; adding new sections to chapter 90.60 RCW; adding a new section to chapter 75.20 RCW; adding a new section to chapter 47.01 RCW; creating a new section; repealing RCW 43.131.387 and 43.131.388; providing an effective date; and declaring an emergency."

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