AN
ACT Relating to improving the efficiency and accountability of the
environmental permitting and compliance process for transportation projects;
adding a new chapter to Title 47 RCW; prescribing penalties; providing an
expiration date; and declaring an emergency.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1.
LEGISLATIVE INTENT AND FINDINGS. The legislature finds that
the public health and safety of its citizens, the natural resources, and the
environment are vital interests of the state that need to be protected and
preserved. The legislature further finds that the safety of the traveling
public and the state's economic well-being are vital interests that depend upon
the development of cost-effective and efficient transportation systems planned,
designed, constructed, and maintained through expedited permit decision-making
processes.
It
is the intent of the legislature to achieve transportation permit reform that
expedites the delivery of statewide significant transportation projects through
a streamlined approach to environmental permit decision making. To optimize
the limited resources available for transportation system improvements and
environmental protection, state regulatory and natural resource agencies,
public and private sector interests, Indian tribes, and the department of
transportation must work cooperatively to establish common goals, minimize
project delays, develop consistency in the application of environmental
standards, maximize environmental benefits through coordinated investment
strategies, and eliminate duplicative processes through assigned
responsibilities of selected permit drafting and compliance activities between
state and federal agencies.
Therefore,
the transportation permit efficiency and accountability committee is created.
The committee shall integrate current environmental standards, but may not create
new environmental standards. The committee shall conduct three environmental
permit streamlining pilot projects and create a process to develop general
permits. Additionally, the committee shall seek federal delegation to the
state where appropriate to streamline transportation projects.
NEW
SECTION. Sec. 2.
DEFINITIONS. The definitions in this section apply throughout this chapter
unless the context indicates otherwise.
(1)
"Assigned responsibilities" means those components of developing and
implementing environmental permits, including but not limited to, environmental
review and assessment, selected permit drafting, and selected on-site
compliance activities that may be conducted by the department.
(2)
"Best available information" means the existing sources of data,
including limiting factors analyses required under chapter 77.85 RCW that can
be used to make informed decisions regarding environmental conditions within a
watershed.
(3)
"Best management practices" means currently available and generally
accepted techniques, including new technologies or strategies that seek to
reduce the negative impacts of transportation facilities, projects, and
services on communities and the environment, and promote more efficient and
effective use of transportation facilities.
(4)
"Committee" means the transportation permit efficiency and
accountability committee created in section 3 of this act.
(5)
"Least cost planning" means the use of best available information
within a watershed basin applied to transportation decision making in the
planning, permit decision making, and mitigation phases of a project.
(6)
"Low-impact development project" means an activity or series of
actions that conform to a comprehensive land use planning and engineering
design approach with a goal of maintaining or restoring existing natural
habitat functions and hydrologic regime of urban and developing watersheds.
These projects incorporate strategic watershed planning with site-specific
management techniques to reduce development impacts to better replicate natural
watershed hydrology and water quality, while allowing for development or
infrastructure rehabilitation to occur.
(7)
"One-stop permit decision making" means a coordinated permit
decision-making process that streamlines environmental review and permit
decision making for transportation projects by providing concurrent,
consolidated review by each agency required to review the project.
(8)
"Programmatic approach" means a permit or other action that covers a
geographic or statewide area and applies to a variety of projects, activities,
or locales. A programmatic approach may allow actions to proceed without
individual approval by each permit decision-making agency.
(9)
"Transportation project of statewide significance" means a surface
transportation project or combination of surface transportation projects, that
crosses multiple city or county jurisdictional boundaries or connects major
state destinations in support of the state's economy and is so designated by
the department of transportation and approved by the transportation committees
of the senate and house of representatives. The transportation committees of
the senate and house of representatives may also jointly designate these projects.
The pilot projects established in this chapter are examples of transportation
projects of statewide significance, but transportation projects of statewide
significance are not limited to the pilot projects.
(10)
"Watershed" means a water resource inventory area.
NEW
SECTION. Sec. 3.
TRANSPORTATION PERMIT EFFICIENCY AND ACCOUNTABILITY COMMITTEE. The
transportation permit efficiency and accountability committee is created.
(1)
The committee consists of nine voting members, including two members from the
house of representatives, one from each of the two largest caucuses; two
senators, one from each of the two largest caucuses; one member designated by
the secretary of transportation; one member designated by the director of fish
and wildlife; one member designated by the director of ecology; one member
designated by the Association of Washington Cities; and one member designated
by the Washington State Association of Counties. The committee shall elect a
chair from the four legislators appointed to the committee.
(2)
The committee also includes eight nonvoting members, including one member
designated by the Northwest Indian Fisheries Commission; one member designated
by the Columbia River Intertribal Fisheries Commission; one member designated
by the Consulting Engineers Council of Washington; one member designated by the
Associated General Contractors of Washington; one member designated by the
Association of Washington Business; one member designated by the Washington State
Building and Construction Trades Council; one member designated by statewide
environmental organizations; and one member designated by the State Fish and
Wildlife Commission, to represent the interests of citizens engaged in fish and
wildlife recovery.
(3)
A representative from the department of natural resources and representatives
from federal regulatory and transportation agencies, including the
Environmental Protection Agency, National Marine Fisheries Service, United
States Army Corps of Engineers, Federal Highways Administration, and United
States Fish and Wildlife Service must be invited to participate in committee
deliberations as nonvoting members.
(4)
The committee may create technical subcommittees as needed. Technical
subcommittees created for a specific pilot project or pilot projects must
include, but are not limited to, representatives of local governments from
jurisdictions affected by those projects. Recommendations made by a technical
subcommittee must be approved by a majority of the voting members of the
committee.
(5)
Nonvoting members will not be compensated but will receive reimbursement for
travel expenses in accordance with RCW 43.03.050 and 43.03.060.
(6)
The department of transportation office of environmental affairs shall provide
administrative and clerical assistance to the committee.
(7)
No vote of the committee may overrule existing statutes, regulations, or local
ordinances.
NEW
SECTION. Sec. 4.
COMMITTEE RESPONSIBILITIES. (1) The committee and its authorized technical
subcommittees shall develop a one-stop permit decision-making process that uses
interdisciplinary review of transportation projects of statewide significance
to streamline and expedite permit decision making. The committee shall
collaborate with appropriate agencies and parties to identify existing
environmental standards, to assess the application of those standards, and
develop an integrated permitting process based upon environmental standards and
best management practices, which may use prescriptive or performance standards,
for transportation projects of statewide significance that can be applied with
certainty, consistency, and assurance of swift permit action, while taking into
account the varying environmental conditions throughout the state.
(2)
The committee shall give notice to the legislative authority of each affected
county and city of the projects that are designated as transportation projects
of statewide significance.
(3)
The committee shall create a technical subcommittee with representation at a
minimum from the department of fish and wildlife, the department of ecology,
and the department of transportation.
(a)
Within six months from the first meeting of the committee, the subcommittee
shall create a process to develop a programmatic approach for transportation
projects. The committee shall review the department's construction project
list to determine which projects or activities may be included in the
programmatic approach and develop agreements to cover those projects or
activities. At a minimum, this process must require that decisions on minor
variations to the requirements of a programmatic approach must be provided by
the permit decision-making agencies within twenty-one days of submittal.
(b)
The technical subcommittee's recommendations must be approved by a majority of
the voting members of the committee.
(4)
The committee shall explore the development of a consolidated local permit
process.
(5)
The committee shall develop and prioritize a list of permit streamlining
opportunities, specifically identifying substantive and procedural duplications
and recommendations for resolving those duplications. The committee shall
evaluate current laws and regulations and develop recommendations on ways to
minimize the lapsing of permits. The committee shall evaluate flexible
approaches that maximize transportation and environmental interests and make
recommendations regarding where those approaches should be implemented. The
committee shall report its findings and recommendations to the legislature by
January 15, 2002.
(6)
The committee shall undertake the following activities to develop a watershed
approach to environmental mitigation:
(a)
Develop methodologies for analyzing environmental impacts and applying
compensatory mitigation consistent with a watershed-based approach before final
design, including least cost methodology and low-impact development
methodology;
(b)
Assess models to collate and access watershed data to support early agency
involvement in transportation planning and reviews under the national
Environmental Policy Act and the State Environmental Policy Act; and
(c)
Use existing best available information from watershed planning efforts, lead
entities, regional fisheries enhancement groups, and other recognized entities
as deemed appropriate by the committee, to determine potential mitigation
requirements for projects within a watershed. Priority consideration should be
given to the use of the state's alternative mitigation policy guidance to best
link transportation mitigation needs with local watershed and lead entity
project lists.
(7)
The committee shall seek federal delegation to the state where appropriate to
streamline permit processes for transportation projects of statewide
significance including: Delegation of section 404 permit authority under the
Clean Water Act; nonfederal lead agency status under the federal Endangered
Species Act; section 106 cultural resource designation under the National
Historic Preservation Act; and other appropriate authority that when delegated
should result in permit streamlining.
(8)
The committee shall develop a dispute resolution process to resolve conflicts
in interpretation of environmental standards and best management practices,
mitigation requirements, permit requirements, assigned responsibilities, and
other related issues by September 1, 2001. The dispute resolution process may
not abrogate or supplant any appeal right of any party under existing
statutes. The dispute resolution process must be designed to include federal
agencies if they choose to participate.
(9)
The committee shall develop preliminary models and strategies for agencies to
test how best to maximize the environmental investment of transportation funds
on a watershed basis. After agencies test the models and strategies developed
by the committee, the committee shall evaluate the models and strategies and
make recommendations to the legislature.
(10)
The committee shall develop a consistent methodology for the timely and
predictable submittal and evaluation of completed plans and specifications
detailing project elements that impact environmental resources as well as
proposed mitigation measures during the preliminary specifications and
engineering phase of project development and submit information on the
consistent methodology to the legislature.
(11)
The committee shall provide a summary report to the legislature on September
15, 2001, and every six months thereafter.
NEW
SECTION. Sec. 5. PILOT
PROJECTS. (1) The committee shall select and conduct permit reform pilot
projects in three locales: (a) Urban near built-out conditions; (b) urban
centers serving as crucial rural connectors; and (c) rural corridors critical
to statewide economic productivity. The pilot projects must test the
assignment of responsibilities such as selected permit drafting and selected
compliance activities to the department.
(2)
The committee shall commence efforts to apply streamlining lessons learned from
the streamlined permit process for the pilot projects to as many other
transportation projects of statewide significance as quickly as possible. In
reporting to the legislature, the committee may recommend statutory or
regulatory changes that would result in streamlining for future projects.
(3)
The department and permitting agencies shall apply an interim interdisciplinary
permit review process for the pilot projects as set forth in this section.
This process must provide coordinated review and approval of permit
applications; provide coordinated and consolidated public hearings where
required by one or more regulatory agencies under state law; and coordinate
timelines for permit decision making.
(4)
The committee shall give notice to the legislative authority of each affected
county and city of the projects the committee has designated as pilot
projects. Each county and city notified must be offered the opportunity to
participate in the pilot projects as provided for in this chapter. The
department shall provide funding assistance for participation.
(5)
The committee shall develop a dispute resolution process to resolve conflicts
in interpretation of environmental standards and best management practices,
mitigation requirements, permit requirements, assigned responsibilities, the
streamlined process for pilot projects set forth in this section, and other
related issues by September 1, 2001. The dispute resolution process may not
abrogate or supplant any appeal right of any party under existing statutes. The
dispute resolution process must be designed to include federal agencies if they
choose to participate. The dispute resolution process must be applied to the
pilot projects.
(6)
The streamlined process for the pilot projects must be based on the following
model:
(a)
Step 1: The department and permitting agencies will agree on coordination for
environmental review under the state and national environmental policy acts,
including document preparation, public comment opportunities, and timelines.
(b)
Step 2: For each project, the department will convene a meeting of all
entities with permitting authority to review:
(i)
The proposed conceptual design for the project and alternative routes,
construction approaches, or mitigation approaches;
(ii)
All known reviewing entities, permit application and approval requirements, and
timelines; and
(iii)
A coordinated timeline that allows all statutory requirements to be met.
(c)
Step 3: The department will draft all necessary permits to proceed with the
preferred alternative using relevant agreements with permitting agencies.
(d)
Step 4: The department will provide public notice in conformity with all
applicable statutes and regulations and allow the required time for public
hearings and written comments.
(e)
Step 5: The department may revise the draft permits after consideration of
public comments and applying all relevant agreed upon standards.
(f)
Step 6: All permits will be disseminated to permitting agencies for final
review. All reviews will be completed within forty-five days, at which time
the permitting agencies will act upon the permit and either approve the permit
or return it without approval.
(g)
Step 7: If the permit is returned to the department without approval, the
permitting agencies will have one opportunity to identify errors or omissions
and any remaining specific deficiencies or circumstances not previously
addressed by agreements between the department and agencies that must be met or
addressed to be compliant with applicable law. The department may revise the
permit as warranted and resubmit the permit to the permitting agency, which
will have fifteen days from receipt of the revised permit to take final action.
(h)
Step 8: Disputes related to permit decisions will be addressed by the dispute
resolution process established by the committee.
NEW
SECTION. Sec. 6. LOCAL
GOVERNMENT PARTICIPATION. (1) This section establishes procedures for city,
town, and county governments to participate in the processes identified in this
chapter to provide for coordinated, multijurisdictional environmental review
and permitting decisions for pilot projects and transportation projects of
statewide significance.
(2)
Each city, town, and county within whose boundaries is located or partially
located one or more projects identified in subsection (1) of this section,
shall elect whether or not to participate in coordinated processes for
environmental review and permitting of those projects as required in this chapter.
If the city, town, or county elects to participate, it may do so as either a
participating entity or as an assigning entity.
(a)
If a city, town, or county elects to be considered as a participating entity,
the committee must then include a representative designated by the city, town,
or county in the coordinated review of the project. The department shall
compensate the jurisdiction for technical support required for participation in
the process. The jurisdiction will also be eligible for reimbursement for
permit fees set by local ordinances and other agreed upon costs associated with
the issuance of project permits.
(b)
For the purposes of expediting the permit process, a city, town, or county may
elect to assign its permit responsibilities under chapter 39.34 RCW to the
department simultaneously with its notification to the department as specified
in this section. The city, town, or county electing to assign its
responsibilities shall enter into an agreement with the department to define the
local permit requirements that must be met. Permits issued under the
negotiated agreement are presumed to at least meet local environmental permit
requirements. A city, town, or county choosing to use this option is eligible
for a permit fee set by local ordinances associated with the issuance of the
project permits.
(3)
If the city, town, or county elects not to participate in the coordinated
processes for the pilot projects designated in this chapter or transportation
projects of statewide significance the department will issue the locally
required permits, when allowable. The department shall comply with all
provisions of city, town, and county ordinances, and the department permit
approval is presumed to at least meet the local environmental review and permit
requirements.
(4)
Any city, town, or county shall notify the department within sixty days of
receipt of the committee's notification of project designation, as to whether
it elects to be considered as a participating entity or an assigning entity, or
elects not to participate in the coordinated process provided in this chapter.
(5)
The committee shall review and evaluate the process by which local governments
review and approve pilot projects and transportation projects of statewide
significance, and shall provide recommendations to the legislature to improve
the coordination of the local process with state and federal reviews as part of
the reports required by this chapter.
(6)
A city, town, or county is not liable for decisions made by the department that
result in a failure to comply with city, town, or county ordinances except as
provided in the interlocal agreements, and the department shall defend and
answer to any actions or complaints challenging the validity of permits issued
under this section.
NEW
SECTION. Sec. 7.
INTERIM PERMIT PROCESS. Until integrated standards and best management
practices have been adopted by the committee, the department may use the
following process for transportation projects of statewide significance,
including projects requested by a project sponsor.
(1)
Step 1: Conceptual description. The department will identify project
purposes, the approximate location or alternative locations, and the federal,
state, and local agencies that might have authority to review and approve the
project or portions of it at any such locations, and a preliminary interagency
communication list identifying agencies that may be interested in the proposed
project and, where known, contact persons in such agencies. If the department
is going to proceed with step 2 or to abandon the project, it may complete step
1 by: (a) Providing a summary of the outcome to all agencies on the list; and
(b) making the summary available to the public.
(2)
Step 2: Early involvement of other agencies. (a) At any time after completing
step 1, the department will provide notice to all agencies on the interagency
communication list and the public. Within thirty days, or a longer time if
specified by the department, each state, local, and federal agency will be
encouraged to identify:
(i)
A primary contact person to coordinate future communications with the
department and other interested agencies regarding the project, or indicate
that it has no interest in the project and need not remain on the project
information list;
(ii)
Its role with respect to the proposed project;
(iii)
Additional alternative locations the department should consider and the roles
it would expect to have with the project at those locations;
(iv)
Other agencies it believes should be added to the list for the project; and
(v)
Other information the agency requests the department to consider.
(b)
After all state and local agencies on the list have responded, or at least ten
days after expiration of the specified response time, the department may
complete step 2 by: (i) Proposing one or more conceptual designs for the
project at a proposed location and any alternative locations then being
considered; (ii) providing a summary of the results of step 2, including a
statement that the department considers step 2 to be complete or complete
except for specified issues remaining to be resolved with specified agencies,
to all agencies on the interagency communication list; and (iii) making the
summary available to the public.
(3)
Step 3: Identify environmental reviews, permits, and other approvals,
application procedures, and decision standards. (a) At any time after
completing step 2, the department may initiate step 3 by notice to all agencies
on the list and the public. This notice may include a threshold determination
on whether an environmental impact statement (EIS) or supplemental EIS will be
prepared or an environmental checklist and request for comments on what steps
should be taken to comply with chapter 43.21C RCW, the State Environmental
Policy Act (SEPA). Within thirty days, or a longer time if specified by the
department, each state, local, and federal agency will be encouraged to
identify:
(i)
The procedures under which it expects environmental reviews of the project to
occur;
(ii)
All permits and other approvals it might require for the project at each
alternative location and conceptual design;
(iii)
What is needed for the department to file a complete application for each
permit or other approval;
(iv)
The laws, regulations, ordinances, and policies it would administer with
respect to the project at each alternative location and conceptual design; and
(v)
Other information the agency requests the department to consider in deciding
whether, when, where, or how to proceed with the project.
(b)
After all state and local agencies on the list have responded, or at least ten
days after expiration of the specified response time, the department may
complete step 3 by:
(i)
Adopting a list of all environmental reviews, permits, and other approvals it
believes are needed for the project under each alternative being considered;
(ii)
Providing all agencies on the list a copy of that list and a summary of the
other results of step 3, including a statement that the department considers
step 3 to be complete or complete except for specified issues remaining to be
resolved with specified agencies; and
(iii)
Making the list and summary available to the public.
(c)
The list and summary will be presumed to accurately identify all environmental
reviews, permits, and other approvals needed for each alternative described,
what is required for applications to be considered complete, and the standards
under which applications will be reviewed and approved, unless an aggrieved
agency or person files objections within thirty days after the list and summary
are distributed.
(4)
Step 4: Tentative selection of preferred alternative. (a) At any time after
completing step 3, the department may initiate step 4 by notice to all agencies
on the list and the public. This notice may be accompanied by a scoping notice
for an EIS or supplemental EIS or, if available, be accompanied by a draft EIS
or supplemental EIS. It also may be accompanied by the department's
preliminary analysis of the advantages and disadvantages of each identified
alternative, or other information that may be helpful to other interested
agencies and the public in identifying advantages and disadvantages. Within
fourteen days, or a longer time if specified by the department, each state,
local, and federal agency will be encouraged to identify:
(i)
For each identified alternative, the specific features it considers significant
with respect to its role in environmental reviews, permits, or other approvals
for the project; the reasons these features are significant, and any concerns
it may have about the alternative because of potential adverse impacts of these
features on resources or social policies within its jurisdiction;
(ii)
For each feature for which it raises concerns, recommendations on how the
potential adverse impacts could be avoided, minimized, and mitigated;
(iii)
For each feature for which it raises concerns, an assessment of the relative
ranking of each alternative with respect to whether and to what extent these
concerns apply;
(iv)
Recommendations the agency may have as to which alternatives should be retained
or dropped from further consideration, and ways in which alternatives might be
modified or combined to address its concerns, recognizing that final decisions
can be made only through the applicable environmental review, permit, and other
approval processes and the agency making them is not bound with respect to any
future decisions it may make regarding the project;
(v)
Other information the agency requests the department to consider in deciding
whether, when, where, or how to proceed with the project.
(b)
After all state and local agencies on the list have responded, or at least ten
days after expiration of the specified response time, the department may
complete step 4 by:
(i)
Selecting a preferred alternative for purposes of all environmental reviews,
permits, and other approvals needed for the project;
(ii)
Providing all agencies on the list a description of the preferred alternative
and summary of the other results of step 4, including a statement that the
department considers step 4 to be complete or complete except for specified
issues remaining to be resolved with specified agencies; and
(iii)
Making the preferred alternative and summary available to the public. The
preferred alternative will be identified in all environmental reviews, permits,
and other approvals needed for the project.
(5)
Step 5: Completing environmental reviews and applications for permits and
other approvals. (a) At any time after completing step 4, the department may
initiate step 5 by notice to all agencies on the list and the public. A draft
EIS or supplemental EIS, the department's draft plans and specifications for
the project, and draft applications for some or all permits and other approvals
may be provided with the notice or when they subsequently become available.
Within thirty days, or a longer time if specified by the department, each
state, local, and federal agency will be encouraged to identify:
(i)
All concerns it previously raised regarding the alternative, and other
alternatives still under consideration, that have not been resolved to its
satisfaction;
(ii)
Additional concerns it may have, particularly concerns resulting from
additional information about the project location and design, and other new
information received since the completion of step 4;
(iii)
Additional environmental reviews, permits, or other approvals needed for the
preferred alternative because of changes in laws, regulations, or policies or
changes in the project location or design since these issues were last reviewed
in step 3 or 4;
(iv)
Changes in applicable requirements for complete applications for permits or
other approvals under its jurisdiction since these issues were last reviewed in
step 3 or 4;
(v)
Other changes in applicable laws, regulations, ordinances, or policies
administered by the agency since these issues were last reviewed in step 3 or
4;
(vi)
Whether a draft application proposed by the department for a permit or other
approval from the agency is complete, and if not, what additional information
or other changes are needed for it to be complete.
(b)
When all state and local agencies on the list have responded, or at least ten
days after expiration of the specified response time, the department may
complete step 5 by:
(i)
Completing some or all environmental review processes and draft application
forms for permits and other approvals that it reasonably believes to be
complete;
(ii)
Providing all agencies on the interagency communication list with environmental
review and application documents and a summary of the other results of step 5,
including a statement that the department considers step 5 to be complete or
complete except for specified issues remaining to be resolved with specified
agencies; and
(iii)
Making the completed environmental review documents and summary available to
the public. The preferred alternative will be identified in all environmental
reviews, permits, and other approvals needed for the project.
(c)
However, if an interested agency or aggrieved person files objections within
fourteen days after the preferred alternative and summary are distributed, the
objections will be addressed in subsequent environmental reviews and agency
decisions regarding the project.
(6)
Step 6: Completing the environmental review, permit, and other approval
processes. (a) At any time after completing step 5, the department may
initiate step 6 by notice to all agencies on the list and the public and filing
applications for some or all permits and other approvals needed for the
project. Within thirty days, or a longer time if specified by the department,
each state, local, and federal agency will be encouraged to:
(i)
Acknowledge receipt of draft environmental review documents provided to them
and provide comments on them;
(ii)
Acknowledge receipt of final environmental review documents and determine that
they are adequate for purposes of their roles regarding the project or specify
what additional information or changes are needed for them to be considered
adequate;
(iii)
Acknowledge receipt of each application filed with them and determine that the
application is complete or specify what additional information or changes are
needed for it to be considered complete;
(iv)
Acknowledge that the applications submitted to them will be processed under the
laws, regulations, ordinances, and policies previously identified under steps
3, 4, and 5 or specify what changes have occurred in the governing standards
that were in effect on the date a complete application was filed and thus apply
to the project;
(v)
Identify the significant steps necessary for the agency to reach a final
decision on applications and the estimated time needed for each step;
(vi)
Identify ways its decision-making process might be made more efficient and
effective through additional coordination with other agencies, with any
recommendations for such methods as joint solicitation and review of public
comments and jointly conducting public hearings.
(b)
It is recognized that step 6 may require an iterative process with several
drafts of various environmental review documents and applications being considered
and revised, and that changes in project location or design resulting from the
permit decisions of one agency may require revising applications or even
reopening permit decisions of other agencies. All state and local agencies are
expected, and federal agencies are encouraged, to communicate and cooperate to
minimize the number of iterations required and make the process as efficient
and effective as possible. Unless significant new information is obtained,
decisions made under step 6 should not be reopened except at the request of the
department, and the most recent information available under steps 3, 4, and 5
should be presumed accurate until significant new information becomes
available.
(c)
If all environmental reviews have not been completed and all permits and other
approvals obtained within forty-five days after step 6 is initiated, the
department, by notice to all agencies on the list and the public, may set a
deadline for completing reviews and decisions. At any time after the deadline,
the department may terminate the coordination process of this section as to
some or all of the reviews and decisions that are still not completed.
NEW
SECTION. Sec. 8.
DEPARTMENT ORGANIZATION AND ADMINISTRATIVE ACTIONS. The legislature finds that
an essential component of streamlined permit decision making is the ability of
the department to demonstrate the capacity to meet environmental
responsibilities. Therefore, the legislature directs that:
(1)
The department may amend its operating practices applicable to obtaining
project permits when:
(a)
Agreements on standards or best management practices as appropriate, are
reached under section 4 of this act;
(b)
The committee determines that streamlining procedures and methodologies
implemented for pilot projects consistent with section 5 of this act warrant
broader application;
(c)
The committee determines that the assignment of responsibilities between
regulating agencies and the department is appropriate for broader use.
(2)
The department may develop permits for review by permitting agencies when
agreement on the standards and best management practices covered by such
permits have been reached under section 4 of this act. Regulating agencies
shall review permits based upon the agreed upon standards and timelines
developed in section 4 of this act, as well as any other applicable existing
standards.
(3)
Qualified environmental staff within the department shall lead the development
of all environmental documentation associated with department projects and
permit activities in accordance with the department's project delivery tools.
(4)
The department shall conduct special prebid meetings for projects that are
environmentally complex. In addition, the department shall review
environmental considerations related to these projects during the
preconstruction meeting held with the contractor who is awarded the bid.
(5)
Environmental staff at the department shall conduct field inspections to ensure
that project activities are performed under permit conditions. These
inspectors:
(a)
May issue stop work orders when compliance with permit standards are not being
met; and
(b)
For this portion of their job duties, are accountable to the director of
environmental affairs of the department.
(6)
Failure to comply with a stop work order may result in civil penalties being
assessed against the department and individuals involved. Willful violation of
a stop work notice issued by the department is subject to civil penalties
assessed on the agency as well as the individuals involved. Persistent
violations by the department may result in loss of permit drafting and program
management responsibilities.
NEW
SECTION. Sec. 9.
TRAINING AND COMPLIANCE. The legislature expects the department to continue
its efforts to improve training and compliance. The department shall:
(1)
Provide training in environmental procedures and permit requirements for those
responsible for project delivery activities;
(2)
Require wetland mitigation sites to be designed by a qualified
interdisciplinary team that meets training requirements developed by the
department's environmental affairs office in consultation with the department
of ecology. Environmental mitigation site improvements must have oversight by
environmental staff;
(3)
Develop an environmental compliance data system to track all permit conditions;
(4)
Report all noncompliance activities to applicable agencies of jurisdiction
along with a remedy plan;
(5)
Fund the departments of ecology, natural resources, and fish and wildlife,
operating under their permit-granting authority to conduct audits of the
department's permit drafting and compliance activities. The department of
ecology must collate the audits in an annual report to the legislature;
(6)
Seek federal funding for dedicated technical staff at federal permit
decision-making agencies and for state costs associated with implementation of
this act;
(7)
Fund dedicated technical staff at federal permit decision-making entities, as
appropriate, and the state departments of ecology, natural resources,
community, trade, and economic development, and fish and wildlife to implement
the requirements of this chapter;
(8)
Fund a technical specialist at the Northwest Indian Fisheries Commission and
the Columbia River Intertribal Fisheries Commission for the purpose of
implementing this chapter;
(9)
Reimburse local jurisdictions for costs associated with local participation on
the committee and technical subcommittees.
NEW
SECTION. Sec. 10. COST
REIMBURSEMENT. The committee shall negotiate a method of cost reimbursement
for the costs associated with carrying out the purposes of this chapter,
including prior departmental agreements with permitting agencies to cover their
costs for transportation projects of statewide significance.
NEW
SECTION. Sec. 11.
CAPTIONS. Captions used in this chapter are not any part of the law.
NEW
SECTION. Sec. 12.
Sections 1 through 11 of this act constitute a new chapter in Title 47 RCW.
NEW
SECTION. Sec. 13. This
act expires March 31, 2003.
NEW
SECTION. Sec. 14. 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.
NEW
SECTION. Sec. 15. 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.
