[atlas:bill]

AN ACT Relating to studying the availability of construction aggregates used in transportation projects; and creating a new section.

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

NEW SECTION. Sec. 1. (1) The legislature recognizes that as the state embarks on an aggressive twenty-year transportation plan to relieve severe traffic congestion, increase freight mobility, increase the state's ability to become more regionally competitive, attract new businesses, and contribute to our statewide economic future, it is necessary to ensure the availability of construction aggregates used in transportation. The legislature further recognizes that these mineral resources of regional significance are fundamentally necessary, vital, and essential to the construction, maintenance, and repair of the transportation infrastructure of Washington state.

The legislature finds that not all mineral resources of long-term commercial significance can be used as construction aggregates and not all regions of the state have sufficient supplies of construction aggregates. As a result, transportation projects may not be completed timely, economically, and with the quality of aggregates necessary for the long-term durability of Washington's vital infrastructure and transportation needs.

It is further recognized that as Washington state continues to grow and more investments in transportation and related infrastructure, manufacturing facilities, affordable housing, and other community economic development facilities are needed, construction aggregates will become a mineral resource of regional significance. Therefore, the legislature declares that a comprehensive review and study is necessary to ensure that construction grade aggregate is available in sufficient amounts for the state's needs.

(2)(a) The review committee on transportation construction materials is created to study the state's need for aggregate as recognized under subsection (1) of this section. The committee is comprised of the following:

(i) The chair of the house of representative's task force on economic competition, who is chair of the review committee;

(ii) The chairs and ranking minority caucus members of the house of representatives and senate committees on transportation;

(iii) The secretary of transportation;

(iv) A geologist representing the department of natural resources;

(v) A representative of the association of general contractors;

(vi) A representative of the governor;

(vii) A representative of the Washington chapter of the American public works association; and

(viii) An operating engineer representing the building and trades council.

(b) The committee shall:

(i) Determine whether the goals and requirements under chapter 36.70A RCW are being met with regard to the identification, designation, and supply of aggregate necessary to meet the twenty-year comprehensive plans and whether sufficient quality and quantity of aggregate is available to meet the transportation elements of the department of transportation and county, city, or municipal projects;

(ii) Determine whether environmental review procedures allow the efficient processing of permit applications without reducing environmental protection and without undermining the expectation that a successful project will receive a permit in a timely manner;

(iii) Ensure the state has competitive and efficient industries by evaluating and identifying areas of redundant, duplicative, and costly regulations and suggesting remedies to eliminate those inefficient impediments;

(iv) Consider whether the aggregate and affiliated industries should be regulated by one agency in order to improve the permit process by providing a more complete and better understanding of technical, operating, reclamation, usual and customary practices, and enforcement issues; and

(v) No later than December 15, 2002, prepare and submit to the appropriate committees of the legislature its findings and any legislation necessary to implement the review committee's recommendations.

(2) The office of program research within the house of representatives shall provide technical and staff support.

(3) For the purposes of this section "construction aggregate" or "aggregate" includes, but is not limited to, minerals such as sand, gravel, stone, hard rock, or other aggregates of sufficient quality, durability, and strength that are consistent with the specifications adopted by the Washington state department of transportation and the American standards of testing materials (ASTM C-33).