2671-S2.E AMS EEW S4575.1

2671-S2.E AMS EEW S4575.1

E2SHB 2671 - S COMM AMD

By Committee on Environment, Energy & Water

ADOPTED 03/08/02

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that the health and safety of its citizens, natural resources, and the environment are vital interests of the state that must be protected to preserve the state's quality of life. The legislature also finds that the state's economic well-being is a vital interest that depends upon the development of fair, coordinated environmental permitting processes that ensure that the state not only protects natural resources, but also encourages appropriate activities that stimulate growth and development. The legislature further finds that during the past twenty years, Washington's environmental protection programs have established strict standards to reduce pollution and protect public health and safety and the environment.

The legislature finds that as the number of environmental and land use laws have grown in Washington, so have the number of permits required of business and government. The increasing number of individual permits and permit authorities has generated the potential for conflict, overlap, and duplication between the various state, local, and federal permits. Lack of coordination in the processing of permit applications may cause costly delays and frustration to the applicant.

The legislature finds that not all project applicants require the same type of technical assistance. While applicants with small projects may merely need information about local and state permits, and assistance in applying for those permits, intermediate-sized projects may require a facilitated facilitating permit process. Large, complex projects may even need extensive coordination among local, state, and federal agencies.

The legislature finds that a range of assistance and coordination options should be available for project applicants. The legislature further finds that citizens should be provided with a reliable and consolidated source of information concerning federal, state, and local environmental and land use laws and procedures that might apply to any given proposal; facilitated interagency forums for discussion of significant issues related to the multiple permitting processes can be very useful for some project proponents; and finally, some applicants may require active coordination of all applicable regulatory and land use permitting procedures.

The legislature declares that the purpose of this chapter is to provide efficient processes that will assist businesses and citizens in complying with the environmental and land use laws while protecting public health and safety and the environment.

NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Center" means the permit assistance center established in section 3 of this act.

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

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

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

NEW SECTION. Sec. 3. (1) The permit assistance center is created in the office of the governor. The center shall:

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

(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;

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

(d) 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;

(e) Provide an annual performance report to the legislature and the public. The report must be based on survey of customers;

(f) Report annually to the legislature regarding any statutory or regulatory conflicts relating to differing legal authorities and roles of the agencies issuing permits or use authorizations and how these were resolved. The report may include recommendations to the legislature and to agencies; and

(g) Report annually to the legislature regarding use of outside independent consultants pursuant to section 7 of this act, including the nature and amount of work performed by outside independent consultants and implementation of the requirements of section 7 of this act relating to costs.

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

(3) The center shall work with state resource agencies, the governor's office, local government officials, and the department of community, trade, and economic development to create a range of permit assistance options for permit applicants. These options include, but are not limited to, a centralized customer call center, a web site for permitting information, facilitation services offered on a regional basis, and a process for developing a coordinated permit process utilizing a cost reimbursement system authorized under section 7 of this act.

(4) The center shall also work to develop informal processes for dispute resolution between agencies and permit applicants.

(5) To the maximum extent possible, the center shall work with the transportation permit efficiency and accountability committee established by chapter 47.06C RCW.

NEW SECTION. Sec. 4. (1) The center shall operate based on the principle that citizens of the state of Washington have the right to expect the following information to be provided to them when asking for a permit, license, or permission to engage in a lawful activity:

(a) A date and time for a decision on permits;

(b) A defined amount of information required to award a permit by a permitting authority before any application for permits can be accepted; and

(c) An estimate of the maximum amount of costs in fees, studies, or public processes that will be incurred by the permit applicant.

(2) This section does not create a right of action.

NEW SECTION. Sec. 5. (1) Upon the request of a project proponent, 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. The project facilitator shall provide the information to the applicant and explain the options available to the applicant in obtaining the required permits.

(2) If requested by the applicant, the project facilitator shall facilitate a project scoping meeting. The meeting may involve the project applicant, state agencies that will require a permit or use authorization for the project, 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, shall each be invited to participate in the scoping meeting. All agencies participating in the scoping process are encouraged to remain in communication for purposes of coordination throughout the subsequent permit review processes until final permit decisions are made.

(3) 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 managing the permitting process. This project scoping process must be concluded within sixty days of the applicant's request.

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

(i) The permits that are required for the project;

(ii) A review of the permit application forms and other application requirements of the agencies that are participating in the scoping meeting;

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

(iv) 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;

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

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

(vii) The permit decision timelines that will be used by each permit agency, including the time periods required to determine if the permit applications are complete, to review the application or applications, and to process the component permits. In the development of this timeline, full attention must be given to achieving the maximum efficiencies possible through concurrent studies, consolidated applications, hearings, and comment periods.

(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.

NEW SECTION. Sec. 6. (1) Upon request, a permit applicant may also request that the center actively coordinate the project permitting processes. This process shall be implemented through a cost reimbursement contract developed under section 7 of this act.

(2) According to the specific requirements contained in a cost reimbursement contract, the center may convene a scoping meeting as outlined in section 5 of this act, serve as the main point of contact for the permit applicant with regard to the coordinated permit processes for the project, and manage the procedural aspects of that processing consistent with existing laws. In carrying out these responsibilities, the center shall ensure that the permit applicant has 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 permit agencies, ensure that timely permit decisions are made by the permit agencies, and assist in resolving any conflict or inconsistency among the permit requirements and conditions that are to be imposed by the permit agencies. The center shall maintain contact with the applicant and local, state, and federal permit agencies to ensure that the process is progressing as scheduled.

(3) Upon completion of the cost reimbursement contract, each permit agency shall send at least one representative qualified to make decisions concerning the applicability and timelines associated with all permits administered by that jurisdiction. At the request of the applicant, the center shall notify any relevant federal agency or federally recognized tribe of the date of the meeting and invite that agency's participation in the process.

(4) If a permit agency or the applicant foresees, at any time, that it will be unable to meet its obligations under the agreement, it shall notify the center of the problem. The center shall notify the permit agencies and the applicant and, upon agreement of all parties, adjust the schedule, or, if necessary, schedule another work plan meeting.

(5) This chapter may not be construed to limit or abridge the powers and duties granted to any permit agency under the law that authorizes or requires the agency to issue a permit or a use authorization for a project.

NEW SECTION. Sec. 7. (1) The center shall negotiate a method of determining, collecting, and distributing permit fees and cost reimbursement for the costs associated with carrying out the purposes of this chapter, including the use of existing fees as set by statute or administrative rule.

(2) The center may enter into a written agreement with the applicant to recover from the applicant the reasonable costs incurred by the center and permit agencies in carrying out the requirements of this chapter.

(3) The center may enter into a written agreement with the applicant to recover from the applicant the reasonable costs incurred by outside independent consultants selected by the center and permit agencies to perform permit review and processing tasks consistent with the coordinated permit process.

(4) The center and outside independent consultants may recover only the costs of performing those permit services that are coordinated through the one-stop coordinated permitting process established under this chapter. The billing process must provide for accurate time and cost accounting and may include a billing cycle that provides for progress payments.

(5) Prior to providing reimbursement or fees to participating permit agencies under this chapter, the center shall ensure that the participating permit agencies have made all the permit decisions that are necessary for the incorporation of the permits into the coordinated permit process and act on the component permits within the time periods agreed to by the participating permit agencies under the process outlined in section 6 of this act.

(6) The center shall adopt a policy to administer cost reimbursement agreements executed under this section. Cost reimbursement agreements administered by the center under this section must be based on competitive bids that are awarded for each agreement to the responsible bidder from a prequalified consultant roster that submitted the lowest responsive bid as described in RCW 43.19.1911.

(7) Prior to entering negotiation with the applicant on cost reimbursement, the center shall request work load analyses for the permits from each permitting agency. These analyses shall be available to the public. The center may only agree to reduce work load if there is a good cause to do so and there is no significant impact on environmental review.

(8) If independent consultants are hired under the cost reimbursement agreement, they shall report directly to the permitting agency.

(9) The center shall develop guidance to ensure that, in developing cost reimbursement agreements, conflict of interest problems are eliminated.

(10) For permits it coordinates, the permit assistance center shall coordinate all cost-reimbursement agreements executed under RCW 43.21A.690, 43.30.420, 43.70.630, 43.300.080, and 70.94.085.

NEW SECTION. Sec. 8. (1) There is established the permit assistance advisory council composed of eleven members. Seven members shall be appointed by the governor. In making these appointments, the governor shall include representation from business, the environmental community, agriculture, port districts, counties, cities, and the tribes. Two members shall be members of the senate selected by the president of the senate with one member selected from each caucus in the senate, and two members shall be members of the house of representatives selected by the speaker of the house of representatives with one member selected from each caucus in the house of representatives. The legislative members shall be nonvoting members of the council. Appointments to the council shall reflect geographical balance and the diversity of population within Washington state. Members shall serve four-year terms. Of the initial members appointed to the council, two shall serve for two years, two shall serve for three years, and two shall serve for four years. Thereafter members shall be appointed to four-year terms. Vacancies shall be filled by appointment in the same manner as the original appointment for the remainder of the unexpired term of the position being vacated. Nonlegislative members shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060. Legislative members shall be reimbursed as provided in RCW 44.04.120.

(2) The council shall elect a chair and a vice-chair from the voting members of the committee. The chair and vice-chair shall serve a term of one year.

(3) The council shall:

(a) Assess the performance of the center;

(b) Review annual customer surveys conducted by the center to determine the effectiveness of the center; and

(4) The council shall meet at least four times per year.

NEW SECTION. Sec. 9. (1) The powers, duties, and functions of the permit assistance center at the department of ecology are transferred to the center created in section 3 of this act.

(2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of ecology pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the center. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of ecology in carrying out the powers, functions, and duties transferred shall be made available to the center. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the center.

(b) Any appropriations made to the department of ecology for carrying out the powers, functions, and duties transferred shall, on June 30, 2002, be transferred and credited to the center.

(c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

(3) All rules and all pending business before the department of ecology pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the center. All existing contracts and obligations shall remain in full force and shall be performed by the center.

(4) The transfer of the powers, duties, functions, and personnel of the authority shall not affect the validity of any act performed before June 30, 2002.

(5) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

NEW SECTION. Sec. 10. Nothing in this chapter affects the jurisdiction of the energy facility site evaluation council as provided in chapter 80.50 RCW.

NEW SECTION. Sec. 11. A new section is added to chapter 43.131 RCW to read as follows:

The permit assistance center and its powers and duties terminates June 30, 2007, as provided in section 12 of this act.

NEW SECTION. Sec. 12. A new section is added to chapter 43.131 RCW to read as follows:

The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 2008:

(1) Section 1 of this act;

(2) Section 2 of this act;

(3) Section 3 of this act;

(4) Section 4 of this act;

(5) Section 5 of this act;

(6) Section 6 of this act;

(7) Section 7 of this act;

(8) Section 8 of this act;

(9) Section 9 of this act; and

(10) Section 10 of this act.

NEW SECTION. Sec. 13. Sections 1 through 10 of this act constitute a new chapter in Title 90 RCW.

NEW SECTION. Sec. 14. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2002, in the omnibus appropriations act, this act is null and void.

NEW SECTION. Sec. 15. 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 immediately."

E2SHB 2671 - S COMM AMD

By Committee on Environment, Energy & Water

ADOPTED 03/08/02

On page 1, line 2 of the title, after "ecology;" strike the remainder of the title and insert "adding new sections to chapter 43.131 RCW; adding a new chapter to Title 90 RCW; creating a new section; and declaring an emergency."