BP BHEAD INT S [atlas:bill]

AN ACT Relating to the permit assistance center; amending RCW 90.60.010, 90.60.020, 90.60.030, 90.60.040, 90.60.050, and 90.60.800; adding a new section to chapter 90.60 RCW; repealing RCW 43.131.387 and 43.131.388; providing an effective date; and declaring an emergency.

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

Sec. 1. 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) Although this state has recently experienced strong economic performance, there is a growing economic disparity between the urban and rural areas of the state. Support for enhanced rural economic development measures is needed to promote strong rural economies. The success of rural economic development measures, however, depends upon a rural county's ability to attract new businesses and industries and to facilitate expansion of existing businesses and industries. Rural economic development efforts have been and may continue to be impeded by the regulatory burdens associated with obtaining all local, state, and federal permits needed for siting a new business or industry or for expanding an existing business or industry.

(5) A permit assistance center is needed in this state to:

(a) Provide a reliable and consolidated source of information concerning federal, state, tribal, and local environmental and land use laws and procedures that apply to any given proposal;

(b) Provide information and assistance to individuals, businesses, and public agencies regarding environmental and land use laws as well as local, state, and federal permitting requirements;

(c) Upon request, serve as a project facilitator to assist an applicant in identifying regulatory requirements, processes, and permits associated with a project proposal;

(d) Upon request, assist an applicant by developing a coordinated permit process for a project proposal; and

(e) Assist the state to achieve its rural economic development goals by providing greater access to the center's services for individuals, businesses, and public agencies in rural counties and for businesses considering locating or expanding in rural counties.

(6) The purpose of this chapter is to:

(a) Institute new, efficient procedures that will assist individuals, 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~~));

(b) 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~~));

(c) Establish a process for preliminary and ongoing meetings between the applicant, the coordinating permit agency, and the participating permit agencies((~~, but do not preclude~~)) without precluding the applicant or participating permit agencies from individually coordinating with each other((.

~~(6) It is necessary~~));

(d) Ensure, 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~~));

(e) 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~~)) to provide predictability, administrative consolidation and, when possible, consolidation of appeal processes, without replacing individual laws((,)) or ((~~diminish~~)) diminishing 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~~)); and

(f) Provide consolidated, effective, and easier opportunities for members of the public to receive information and present their views about proposed projects.

Sec. 2. 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) "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) "Permit" means any license, certificate, registration, permit, or other form of authorization required by a permit agency to engage in a particular activity.

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

Sec. 3. RCW 90.60.030 and 1997 c 429 s 35 are each amended to read as follows:

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

(1) Establish regional center offices at each of the four department regional or field offices;

(2) Publish and keep current one or more handbooks containing lists and explanations of all permit laws at each of its regional center offices. 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)~~)) (3) Establish, and make known, a point of contact at each of its regional center offices for distribution of the handbook and advice to the public as to its interpretation in any given case;

((~~(3)~~)) (4) Establish, and make known, a point of contact at each of its regional center offices responsible for identifying and providing contact information for all local, state, and federal permits necessary to complete a project to applicants or other interested persons;

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

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

((~~(5)~~)) (7) 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) Provide an annual 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.))

(8) Work cooperatively with residents, local governments, and businesses in rural counties, and establish and implement plans and procedures for enhancing knowledge of and access to the center's services for individuals, businesses, and public agencies in rural counties and for businesses considering locating or expanding in rural counties.

Sec. 4. RCW 90.60.040 and 1995 c 347 s 604 are each amended to read as follows:

(1) ((~~Not later than January 1, 1996,~~)) The center shall establish by rule an administrative process for the designation of a coordinating permit agency for a project.

(2) The administrative process shall consist of the establishment of guidelines for designating the coordinating permit agency for a project. If a permit agency is the lead agency for purposes of chapter 43.21C RCW, that permit agency shall be the coordinating permit agency. In other cases, the guidelines shall require that at least the following factors be considered in determining which permit agency has the greatest overall jurisdiction over the project:

(a) The types of facilities or activities that make up the project;

(b) The types of public health and safety and environmental concerns that should be considered in issuing permits for the project;

(c) The environmental medium that may be affected by the project, the extent of those potential effects, and the environmental protection measures that may be taken to prevent the occurrence of, or to mitigate, those potential effects;

(d) The regulatory activity that is of greatest importance in preventing or mitigating the effects that the project may have on public health and safety or the environment; and

(e) The statutory and regulatory requirements that apply to the project and the complexity of those requirements.

Sec. 5. RCW 90.60.050 and 1995 c 347 s 605 are each amended to read as follows:

Upon the request of a project applicant, the center shall appoint a project facilitator to assist the applicant in determining which regulatory requirements, processes, and permits may be required for development and operation of the proposed project. If the applicant requests, the project facilitator shall also identify and provide contact information for all local, state, and federal permits necessary to complete a project. The project facilitator shall provide the information to the applicant and explain the options available to the applicant in obtaining the required permits. If the applicant requests, the center shall designate a coordinating permit agency as provided in RCW 90.60.060.

Sec. 6. RCW 90.60.800 and 1995 c 347 s 616 are each amended to read as follows:

By December ((~~1, 1997~~)) first of each year, the center shall submit a report to the appropriate committees of both houses of the legislature detailing the following information:

(1) The number and type of clients and projects served;

(2) The number of instances in which a coordinating permit agency has been requested and used, and the disposition of those cases;

((~~(2)~~)) (3) The amount of time elapsed between an initial request by a permit applicant for either facilitation services or a coordinated permit process and the ultimate approval or disapproval of the permits included in the service or process; ((~~and~~))

((~~(3)~~)) (4) The number of instances in which the expedited appeals process was requested, and the disposition of those cases;

(5) Revenues generated by the center's services;

(6) The center's budget and expenditures; and

(7) The status of the center's plans and procedures for enhancing rural counties' access to and usage of the center as specified in RCW 90.60.030(8).

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

The following acts or parts of acts are each repealed effective June 30, 2002:

(1) RCW 90.60.010 and 1999 c ... s 1 (section 1 of this act) & 1995 c 347 s 601;

(2) RCW 90.60.020 and 1999 c ... s 2 (section 2 of this act) & 1995 c 347 s 602;

(3) RCW 90.60.030 and 1999 c ... s 3 (section 3 of this act), 1997 c 429 s 35, & 1995 c 347 s 603;

(4) RCW 90.60.040 and 1999 c ... s 4 (section 4 of this act) & 1995 c 347 s 604;

(5) RCW 90.60.050 and 1999 c ... s 5 (section 5 of this act) & 1995 c 347 s 605;

(6) RCW 90.60.060 and 1995 c 347 s 606;

(7) RCW 90.60.070 and 1995 c 347 s 607;

(8) RCW 90.60.080 and 1995 c 347 s 608;

(9) RCW 90.60.090 and 1995 c 347 s 609;

(10) RCW 90.60.100 and 1995 c 347 s 610;

(11) RCW 90.60.110 and 1995 c 347 s 611;

(12) RCW 90.60.120 and 1995 c 347 s 612;

(13) RCW 90.60.130 and 1995 c 347 s 613;

(14) RCW 90.60.140 and 1995 c 347 s 614;

(15) RCW 90.60.150 and 1995 c 347 s 615; and

(16) RCW 90.60.800 and 1999 c ... s 6 (section 6 of this act) & 1995 c 347 s 616.

NEW SECTION. Sec. 8. The following acts or parts of acts are each repealed:

(1) RCW 43.131.387 and 1995 c 347 s 617; and

(2) RCW 43.131.388 and 1995 c 347 s 618.

NEW SECTION. Sec. 9. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 10. 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 30, 1999.