BILL REQ. #:  H-3794.3 

Read first time 01/16/2004.   Referred to Committee on Transportation.

     AN ACT Relating to third party permit writing for transportation projects; amending RCW 47.01.290; adding a new section to chapter 47.06C RCW; and adding a new section to chapter 47.01 RCW.

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

Sec. 1   RCW 47.01.290 and 1994 c 258 s 3 are each amended to read as follows:
     The legislature recognizes that environmental review of transportation projects is a continuous process that should begin at the earliest stages of planning and continue through final project construction. ((Early and extensive involvement of the relevant environmental regulatory authorities is critical in order to avoid significant changes in substantially completed project design and engineering.)) Streamlining the permit writing and approval process is essential for reducing project delays and for making the most efficient use of every transportation dollar. It is the expectation of the legislature that if a comprehensive environmental approach is integrated throughout various transportation processes, onerous, duplicative, and time-consuming permit processes will be minimized. The legislature finds that the greatest efficiency and effectiveness in expediting the permit writing process will include the inclusion of qualified private sector parties in the preparation of required project permits.

NEW SECTION.  Sec. 2   A new section is added to chapter 47.06C RCW to read as follows:
     (1) By June 30, 2004, the committee shall develop guidelines for a certification program to enable third party persons to draft environmental permits.
     (2) By January 1, 2005, the departments of transportation, ecology, and fish and wildlife shall, using the guidelines developed by the committee, develop rules that allow a third party writer to write permits that the department of ecology and the department of fish and wildlife are responsible for issuing. The rules may address permit writing requirements, qualifications of the third party in writing permits, and other requirements.
     (3) The permit writing process must provide that the appropriate responsible agency for permit issuance will have a single review period for review of the permit drafted by the third party. The agency shall provide any comments or suggested revisions to the permit writer within sixty days of the draft permit being provided to the agency. If the third party writer complies with the original guidelines and rules established by the permitting agency and addresses comments by the agency and any suggested revisions, the permit must be approved by the agency within ten days of the permit being resubmitted to the agency.

NEW SECTION.  Sec. 3   A new section is added to chapter 47.01 RCW to read as follows:
     (1) If the transportation permit efficiency and accountability committee is not funded or ceases to exist, the departments of transportation, ecology, and fish and wildlife shall by January 1, 2005, jointly develop rules that allow a third party writer to write permits that the department of ecology and the department of fish and wildlife are responsible for issuing. The rules may address permit writing requirements, qualifications of the third party in writing permits, and other requirements.
     (2) The permit writing process must provide that the appropriate responsible agency for permit issuance will have a single review period for review of the permit drafted by the third party. The agency shall provide any comments or suggested revisions to the permit writer within sixty days of the draft permit being provided to the agency. If the third party writer complies with the original guidelines and rules established by the permitting agency and addresses comments by the agency and any suggested revisions, the permit must be approved by the agency within ten days of the permit being resubmitted to the agency.