BP BHEAD INT S

AN ACT Relating to property rights dispute resolution; and amending RCW 90.60.050, 90.60.060, and 7.75.060.

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

Sec. 1. RCW 90.60.050 and 1995 c 347 s 605 are each amended to read as follows:

(1) Upon the request of a project applicant, the center shall appoint a project facilitator ((to)) who shall:

(a) Assist the applicant in determining which regulatory requirements, processes, and permits may be required for development and operation of the proposed project((~~. The project facilitator shall~~));

(b) Provide the information to the applicant and explain the options available to the applicant in obtaining the required permits; and

(c) Have the authority to act as the applicant's liaison with the coordinating permit agency if: The applicant so designates under subsection (2) of this section; and the applicant elects in writing to designate the project facilitator as the applicant's liaison with the coordinating permit agency. The applicant may, in writing, terminate the applicant's designation of the project facilitator as liaison at any time. The applicant shall give written notice of the termination to the project facilitator who shall forward the notice to the coordinating permit agency.

(2) If the applicant requests, the center shall designate a coordinating permit agency as provided in RCW 90.60.060.

Sec. 2. RCW 90.60.060 and 1995 c 347 s 606 are each amended to read as follows:

(1) A permit applicant who requests the designation of a coordinating permit agency shall provide the center with a description of the project, a preliminary list of the permits that the project may require, the identity of any public agency that has been designated the lead agency for the project pursuant to chapter 43.21C RCW, and the identity of the participating permit agencies. The center may request any information from the permit applicant that is necessary to make the designation under this section, and may convene a scoping meeting of the likely coordinating permit agency and participating permit agencies in order to make that designation.

(2)(a) The coordinating permit agency shall serve as the main point of contact for the permit applicant or the applicant's liaison with regard to the coordinated permit process for the project and shall manage the procedural aspects of that processing consistent with existing laws governing the coordinating permit agency and participating permit agencies, and with the procedures agreed to by those agencies in accordance with RCW 90.60.070. In carrying out these responsibilities, the coordinating permit agency shall ensure that the permit applicant ((~~has~~)) and the applicant's liaison have all the information needed to apply for all the component permits that are incorporated in the coordinated permit process for the project, coordinate the review of those permits by the respective participating permit agencies, ensure that timely permit decisions are made by the participating permit agencies, and assist, with the participation of the applicant's liaison, in resolving any conflict or inconsistency among the permit requirements and conditions that are to be imposed by the participating permit agencies with regard to the project. The coordinating permit agency shall keep in contact with the applicant or liaison as well as other permit agencies in order to assure that the process is progressing as scheduled. The coordinating permit agency shall also make contact, at least once, with any local jurisdiction that is responsible for issuing a permit for the project if the local jurisdiction has not agreed to be a participating permit agency as provided in RCW 90.60.020(6).

(b) If the applicant has designated a liaison under RCW 90.60.050(1)(c), the coordinating permit agency shall include the liaison in all conferences, consultations, or deliberations with a permit agency or other participant requested by the applicant under RCW 90.60.020(6)(b) to the fullest extent possible.

(3) This chapter shall not be construed to limit or abridge the powers and duties granted to a participating permit agency under the law that authorizes or requires the agency to issue a permit for a project. Each participating permit agency shall retain its authority to make all decisions on all nonprocedural matters with regard to the respective component permit that is within its scope of its responsibility, including, but not limited to, the determination of permit application completeness, permit approval or approval with conditions, or permit denial. The coordinating permit agency may not substitute its judgment for that of a participating permit agency on any such nonprocedural matters.

(4) If the applicant or liaison certifies in writing to the coordinating permit agency that it would be futile to attempt any further resolution of any conflict or inconsistency among the permit requirements and conditions that are to be imposed by the participating permit agencies with regard to the project, then if the applicant so elects, the applicant, the coordinating permit agency, and all participating permit agencies shall enter into a dispute resolution process under chapter 7.75 RCW. A local jurisdiction contacted by the coordinating permit agency under subsection (2)(a) of this section that has not agreed to be a participating permit agency must be invited to enter into the dispute resolution process.

Sec. 3. RCW 7.75.060 and 1984 c 258 s 506 are each amended to read as follows:

(1) Any person who voluntarily enters a dispute resolution process at a center established under this chapter may revoke his or her consent, withdraw from dispute resolution, and seek judicial or administrative redress prior to reaching a written resolution agreement. The withdrawal shall be in writing. No legal penalty, sanction, or restraint may be imposed upon the person.

(2) If any participating permit agency under RCW 90.60.020(4) is found, by the director of the dispute resolution center hosting the mediation to which the participating permit agency is a party, to fail to continue to negotiate in good faith, then that agency's participation in the mediation shall be terminated. The mediation shall continue to conclusion without that agency's further participation. At the conclusion of the mediation, that agency, the participation of which had been terminated, shall, notwithstanding any other provision of law, issue any permit and permissions necessary to enable the written agreement under RCW 7.75.040 to be implemented to its fullest extent.

(3) The mediation proceedings shall be terminated upon the finding of the director of the dispute resolution center hosting the mediation to which the applicant is a party that any applicant who elects to enter into a dispute resolution process under RCW 90.60.060(4) is failing to continue to negotiate in good faith. Termination has the same effect as revocation of consent under subsection (1) of this section.