5742-S

AN ACT Relating to transportation facilities crossing boundaries of multiple jurisdictions; adding new sections to chapter 47.04 RCW; adding a new section to chapter 44.40 RCW; adding a new section to chapter 18.104 RCW; adding a new section to chapter 36.70 RCW; adding a new section to chapter 36.70A RCW; adding a new section to chapter 43.20A RCW; adding a new section to chapter 43.21A RCW; adding a new section to chapter 43.27A RCW; adding a new section to chapter 70.94 RCW; adding a new section to chapter 70.105 RCW; adding a new section to chapter 75.20 RCW; adding a new section to chapter 76.04 RCW; adding a new section to chapter 76.09 RCW; adding a new section to chapter 78.44 RCW; adding a new section to chapter 86.16 RCW; adding a new section to chapter 90.03 RCW; adding a new section to chapter 90.14 RCW; adding a new section to chapter 90.16 RCW; adding a new section to chapter 90.22 RCW; adding a new section to chapter 90.44 RCW; adding a new section to chapter 90.48 RCW; adding a new section to chapter 90.54 RCW; adding a new section to chapter 90.58 RCW; and creating a new section.

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. Early incorporation of environmental considerations is currently difficult due to lack of consistency and coordination between the numerous state and local agencies issuing permits to the department of transportation. Permit requirements are often duplicative, conflicting, and time-consuming, which result in costly delays of transportation projects.

Further, early incorporation of environmental factors in project development is difficult since many permitting agencies do not consider permit applications until a project has been substantially designed. On average, seventy-five percent of project development is complete at the time a permit is applied for. At this stage, project alterations required by permitting agencies result in costly delays.

Therefore, the legislature finds it necessary to provide for more efficient and expeditious environmental review of state transportation projects. The legislature intends that a series of processes be developed to ensure timely and coordinated issuance of state and local permits. These include: (1) Earlier and more extensive involvement by affected regulatory agencies in the project selection process; (2) earlier and more extensive involvement by affected regulatory agencies in project design alternatives; (3) development and adoption of environmental policies and procedures; and (4) development of a conditional permit application process.

NEW SECTION. Sec. 2. For purposes of sections 3 through 8 of this act, a "conditional permit" means the application made by the department to all affected regulatory agencies in the early design stages of project development. The department must obtain conditional permit approval for those projects requiring formal permit application. The contents of a conditional permit are set forth in section 8 of this act.

NEW SECTION. Sec. 3. The department shall convene an environmental policies committee comprised of a multidisciplined body of environmental and transportation experts. Members of the committee shall include, but not necessarily be limited to, the directors or designees of the departments of transportation, ecology, fisheries, wildlife, and natural resources, the Puget Sound water quality authority, representatives from urban and rural cities and counties, representatives from regional transportation planning organizations, and tribal governments.

NEW SECTION. Sec. 4. The environmental policies committee shall:

(1) Develop environmental policies and procedures that shall be incorporated into the construction and maintenance programs of the department. These policies and procedures may be tailored to meet the environmental and transportation needs of a particular region;

(2) 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;

(3) Develop policies and procedures to ensure uniform application requirements for substantial development permits required under the Shoreline Management Act, chapter 90.58 RCW. These policies and procedures shall be submitted to and acted upon by the department of ecology;

(4) Develop policies and procedures to ensure uniform application requirements for hydraulic project approvals as required by chapter 75.20 RCW. These policies and procedures shall be submitted to and acted upon by the departments of fisheries and wildlife;

(5) Develop recommendations for improving permitting processes and procedures. Recommendations shall also be made for resolving permit disputes;

(6) Monitor implementation of the conditional permit application process set forth in section 8 of this act and make recommendations regarding changes to that section.

If Senate Bill No. 5572 of 1993 becomes law, the committee shall incorporate the findings and recommendations provided in it.

NEW SECTION. Sec. 5. The department shall periodically, but not less than semiannually, present the findings and any recommendations of the environmental policies committee to the transportation commission. The commission shall adopt by formal resolution those policies and procedures it deems appropriate to apply to the design, maintenance, and construction activities of the department. The commission shall hold its meetings in compliance with chapter 42.30 RCW. After adoption of environmental policies and procedures by the commission, the department shall adopt rules in accordance with the Administrative Procedure Act, chapter 34.05 RCW.

NEW SECTION. Sec. 6. In the process of developing both biennial and six-year construction programs, including specific project lists, the department shall actively seek input from the general public and agencies with regulatory jurisdiction. The department shall develop a method or methods for documenting the input and for demonstrating that the input was considered at the earliest stages of program and project development. Further, when applicable, the department shall document that more than one solution to the identified transportation problem was considered. The department shall also document whether proposed projects are consistent with county, city, and town comprehensive plans as well as regional transportation plans. To the extent practicable, affected jurisdictions and regulatory agencies shall identify critical environmental issues.

After projects have been prioritized in accordance with chapter 47.05 RCW, and funds for the projects have been appropriated by the legislature, the final list of projects shall be submitted to each affected jurisdiction and regulatory agency.

NEW SECTION. Sec. 7. For those projects requiring formal permit applications, the department shall actively solicit early and continuous participation from the public and agencies with jurisdiction, in the development of project design alternatives. Variances from the policies and procedures adopted under section 5 of this act may be negotiated during the design alternatives phase of project development.

NEW SECTION. Sec. 8. 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 standardized 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 permitting 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 reasons 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 to the environmental policies and procedures adopted under section 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 forty-five days from the receipt of documents identified in subsection (1) 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 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 responsibility for costs in excess of those agreed upon in the final design report; or (c) deny conditional permit approval.

(5) If a permitting agency denies conditional permit approval, the denial must be accompanied by a description of the legal grounds for the denial. The transportation district administrator, secretary of transportation, or a designee shall make every effort to resolve a dispute informally with the appropriate public works and planning directors, directors of state regulatory agencies, and other relevant parties. However, if the dispute cannot be resolved, 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. 9. A new section is added to chapter 44.40 RCW to read as follows:

(1) The legislative transportation committee may recommend waiver of all permits required by state and local agencies for those state transportation projects found to be immediately necessary for the health, safety, or welfare of the traveling public. The legislative transportation committee shall, after a public hearing, make the determinations of necessity by formal resolution, and shall forward its recommendations to the governor.

(2) Upon receipt of a recommendation by the legislative transportation committee, the governor may order that state and local permit requirements be waived for those projects found to be immediately necessary for the health, safety, and welfare of the traveling public.

(3) The waiver provided for in subsection (1) of this section may be granted after considering environmental and economic impacts, safety needs, whether the final project design is complete and has been approved by the department of transportation or the federal highway administration, whether the accident rate exceeds state-wide average, and whether the project conforms to the relevant regional transportation plan.

(4) For those projects designated under subsection (1) of this section, the department of transportation shall notify all affected entities of the legislative transportation committee's findings and inform the entity that under this chapter, all permit requirements and land use standards have been waived.

(5) For all state transportation projects selected for waiver under subsection (1) of this section, the department of transportation shall, to the maximum extent practicable, use best management practices to adhere to those land use and environmental standards that otherwise would have been required by state and local agencies.

(6) This section does not relieve the department of transportation from those permits required under federal law.

NEW SECTION. Sec. 10. A new section is added to chapter 18.104 RCW to read as follows: