BILL REQ. #:  S-1989.2 

READ FIRST TIME 02/27/03.   

     AN ACT Relating to industrial projects of statewide significance; and amending RCW 43.157.010, 43.157.020, 43.157.030, 43.42.050, and 43.42.060.

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

Sec. 1   RCW 43.157.010 and 1997 c 369 s 2 are each amended to read as follows:
     (1) For purposes of this chapter and RCW 28A.525.166, 28B.80.330, 28C.18.080, 43.21A.350, 47.06.030, and 90.58.100 and (([an])) an industrial project of statewide significance is a border crossing project that involves both private and public investments carried out in conjunction with adjacent states or provinces or a private industrial development with private capital investment in manufacturing or research and development. To qualify as an industrial project of statewide significance((,)): (a) The project must be completed after January 1, 1997((,)); (b) the applicant must submit an application for designation as an industrial project of statewide significance to the department of community, trade, and economic development; and (c) the project must have:
     (((a))) (i) In counties with a population of less than or equal to twenty thousand, a capital investment of twenty million dollars;
     (((b))) (ii) In counties with a population of greater than twenty thousand but no more than fifty thousand, a capital investment of fifty million dollars;
     (((c))) (iii) In counties with a population of greater than fifty thousand but no more than one hundred thousand, a capital investment of one hundred million dollars;
     (((d))) (iv) In counties with a population of greater than one hundred thousand but no more than two hundred thousand, a capital investment of two hundred million dollars;
     (((e))) (v) In counties with a population of greater than two hundred thousand but no more than four hundred thousand, a capital investment of four hundred million dollars;
     (((f))) (vi) In counties with a population of greater than four hundred thousand but no more than one million, a capital investment of six hundred million dollars;
     (((g))) (vii) In counties with a population of greater than one million, a capital investment of one billion dollars; ((or
     (h))) (viii) In counties with fewer than one hundred persons per square mile as determined annually by the office of financial management and published by the department of revenue effective for the period July 1st through June 30th, projected full-time employment positions after completion of construction of fifty or greater;
     (ix) In counties with one hundred or more persons per square mile as determined annually by the office of financial management and published by the department of revenue effective for the period July 1st through June 30th, projected full-time employment positions after completion of construction of one hundred or greater; or
     (x) Been designated by the director of community, trade, and economic development as an industrial project of statewide significance either: (((i))) (A) Because the county in which the project is to be located is a distressed county and the economic circumstances of the county merit the additional assistance such designation will bring; or (((ii))) (B) because the impact on a region due to the size and complexity of the project merits such designation.
     (2) The term manufacturing shall have the meaning assigned it in RCW 82.61.010.
     (3) The term research and development shall have the meaning assigned it in RCW 82.61.010.
     (4) The term applicant means a person applying to the department of community, trade, and economic development for designation of a development project as an industrial project of statewide significance.

Sec. 2   RCW 43.157.020 and 1997 c 369 s 3 are each amended to read as follows:
     Counties and cities ((planning under the planning enabling act, chapter 36.70 RCW, or the requirements of the growth management act, chapter 36.70A RCW, shall include a process, to be followed at their discretion for any specific project,)) with projects designated as industrial projects of statewide significance within their jurisdictions shall enter into an agreement with the office of permit assistance and the project managers of industrial projects of statewide significance for expediting the completion of industrial projects of statewide significance. The agreement shall require:
     (1) Expedited permit processing for the design and construction of the project;
     (2) Expedited environmental review processing;
     (3) Expedited processing of requests for street, right of way, or easement vacations necessary for the construction of the project; and
     (4) Such other items as are deemed necessary by the office of permit assistance for the design and construction of the project.

Sec. 3   RCW 43.157.030 and 1997 c 369 s 4 are each amended to read as follows:
     (1) The department of community, trade, and economic development shall:
     (a) Develop an application for designation of development projects as industrial projects of statewide significance. The application must be accompanied by a letter of approval from the legislative authority of any jurisdiction that will have the proposed industrial project of statewide significance within its boundaries. No designation of a project as an industrial project of statewide significance shall be made without such letter of approval. The letter of approval must state that the jurisdiction joins in the request for the designation of the project as one of statewide significance and has or will hire the professional staff that will be required to expedite the processes necessary to the completion of an industrial project of statewide significance. The application shall contain information regarding the location of the project, the applicant's average employment in the state for the prior year, estimated new employment related to the project, estimated wages of employees related to the project, estimated time schedules for completion and operation, and other information required by the department; and
     (b) Certify that the project meets or will meet the requirements of RCW 43.157.010 regarding designation as an industrial project of statewide significance.
     (2) The office of permit assistance shall assign ((an ombudsman)) a project facilitator or coordinator to each industrial project of statewide significance((. The ombudsman shall be responsible for assembling)) to: (a) Assist in the scoping and coordinating functions provided for in chapter 43.42 RCW; (b) assemble a team of state and local government and private officials to help meet the planning, permitting, and development needs of each project((. The ombudsman shall strive to include in the teams)), which team shall include those responsible for planning, permitting and licensing, infrastructure development, work force development services including higher education, transportation services, and the provision of utilities((. The ombudsman shall encourage)); and (c) work with each team member to expedite their actions in furtherance of the project.

Sec. 4   RCW 43.42.050 and 2002 c 153 s 6 are each amended to read as follows:
     At the request of a project applicant, the office shall assist the project applicant in determining what regulatory requirements, processes, and permits apply to the project, as provided in this section.
     (1) The office shall assign a project facilitator who shall discuss applicable regulatory requirements, permits, and processes with the project applicant and explain the available options for obtaining required permits.
     (2) If the project applicant and the project facilitator agree that the project would benefit from a project scoping, or if the project is an industrial project of statewide significance, as defined in RCW 43.157.010, the project facilitator shall conduct a project scoping by the project applicant and the relevant state and local permit agencies. The project facilitator shall invite the participation of the relevant federal permit agencies and tribal governments.
     (a) The purpose of the project scoping is to identify the issues and information needs of the project applicant and the participating permit agencies regarding the project, share perspectives, and jointly develop a strategy for the processing of required permits by each participating permit agency.
     (b) The scoping shall address:
     (i) The permits that are required for the project;
     (ii) The permit application forms and other application requirements of the participating permit agencies;
     (iii) The specific information needs and issues of concern of each participant and their significance;     
     (iv) Any statutory or regulatory conflicts that might arise from the differing authorities and roles of the permit agencies;
     (v) Any natural resources, including federal or state listed species, that might be adversely affected by the project and might cause an alteration of the project or require mitigation; and
     (vi) The anticipated time required for permit decisions by each participating permit agency, including the time required to determine if the permit application is complete, to conduct environmental review, and to review and process the application. In determining the time required, full consideration must be given to achieving the greatest possible efficiencies through any concurrent studies and any consolidated applications, hearings, and comment periods.
     (c) The outcome of the project scoping shall be documented in writing, furnished to the project applicant, and be made available to the public.
     (d) The project scoping shall be completed within sixty days of the project applicant's request for a project scoping.
     (e) Upon completion of the project scoping, the participating permit agencies shall proceed under their respective authority. The agencies are encouraged to remain in communication for purposes of coordination until their final permit decisions are made.
     (3) This section does not create an independent cause of action, affect any existing cause of action, or establish time limits for purposes of RCW 64.40.020.

Sec. 5   RCW 43.42.060 and 2002 c 153 s 7 are each amended to read as follows:
     (1) The office may coordinate the processing by participating permit agencies of permits required for a project, at the request of the project applicant through a cost reimbursement agreement as provided in subsection (3) of this section or with the agreement of the project applicant as provided in subsection (4) of this section.
     (2) The office shall assign a project coordinator to perform any or all of the following functions, as specified by the terms of a cost reimbursement agreement under subsection (3) of this section or an agreement under subsection (4) of this section:
     (a) Serve as the main point of contact for the project applicant;
     (b) Conduct a project scoping as provided in RCW 43.42.050(2);
     (c) Verify that the project applicant has all the information needed to complete applications;
     (d) Coordinate the permit processes of the permit agencies;
     (e) Manage the applicable administrative procedures;
     (f) Work to assure that timely permit decisions are made by the permit agencies and maintain contact with the project applicant and the permit agencies to ensure adherence to schedules;
     (g) Assist in resolving any conflict or inconsistency among permit requirements and conditions; and
     (h) Coordinate with relevant federal permit agencies and tribal governments to the extent possible.
     (3) At the request of a project applicant and as provided in RCW 43.42.070, the project coordinator shall coordinate negotiations among the project applicant, the office, and participating permit agencies to enter into a cost reimbursement agreement and shall coordinate implementation of the agreement, which shall govern coordination of permit processing by the participating permit agencies.
     (4) ((The office may determine)) For industrial projects of statewide significance or if the office determines that it is in the public interest to coordinate the processing of permits for certain projects that are complex in scope, require multiple permits, involve multiple jurisdictions, or involve a significant number of affected parties((. Upon such a determination, the office may)), the office shall, upon the applicant's request, enter into an agreement with the project applicant and the participating permit agencies to coordinate the processing of permits for the project. The office may limit the number of such agreements according to the resources available to the office and the permit agencies at the time.