BILL REQ. #: H-2190.1
| State of Washington | 59th Legislature | 2005 Regular Session |
READ FIRST TIME 02/28/05.
AN ACT Relating to encouraging investments in Washington's natural resource-based economy by permitting new timber mills that process only wood grown in Washington to be built with materials and labor that are not subject to state taxes, to allow these mills to have guaranteed permit timelines, to allow these mills to be sited outside of the growth management act, and exempt trucks serving the mill from transportation taxes and fees; amending RCW 43.157.010, 43.157.020, 43.157.030, and 46.16.111; adding a new section to chapter 82.08 RCW; adding a new section to chapter 82.12 RCW; adding a new section to chapter 36.70A RCW; adding a new section to chapter 35.21 RCW; adding a new section to chapter 35A.21 RCW; and adding a new section to chapter 36.32 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 43.157.010 and 2004 c 275 s 63 are each amended to
read as follows:
(1) For purposes of this chapter and RCW 28A.525.166, 28B.76.210,
28C.18.080, 43.21A.350, 47.06.030, and 90.58.100 and 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:
(i) In counties with a population of less than or equal to twenty
thousand, a capital investment of twenty million dollars;
(ii) In counties with a population of greater than twenty thousand
but no more than fifty thousand, a capital investment of fifty million
dollars;
(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;
(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;
(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;
(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;
(vii) In counties with a population of greater than one million, a
capital investment of one billion dollars;
(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: (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 (B)
because the impact on a region due to the size and complexity of the
project merits such designation.
(2) For the purposes of this chapter, a forest products operation
of statewide significance is an industrial operation that processes or
mills only timber that has been harvested from public or private lands
within the state of Washington and has been certified as such under RCW
43.157.030. To qualify for a designation as a forest products
operation of statewide significance, the operation must be either
wholly new, a refurbished existing facility, or an existing facility
that has increased milling capacity.
(3) The term manufacturing shall have the meaning assigned it in
RCW 82.61.010.
(((3))) (4) The term research and development shall have the
meaning assigned it in RCW 82.61.010.
(((4))) (5) 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 or as a forest products operation of statewide
significance.
(6) The term department means the department of community, trade,
and economic development.
Sec. 2 RCW 43.157.020 and 2003 c 54 s 2 are each amended to read
as follows:
(1) Counties and cities 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))) (a) Expedited permit processing for the design and
construction of the project;
(((2))) (b) Expedited environmental review processing;
(((3))) (c) Expedited processing of requests for street, right of
way, or easement vacations necessary for the construction of the
project; and
(((4))) (d) Such other items as are deemed necessary by the office
of permit assistance for the design and construction of the project.
(2) Counties and cities with projects designated as forest products
operations of statewide significance, along with any pertinent state
entities with permitting authority or requirements, shall enter into an
agreement with the office of permit assistance and the project manager
for the forest products operation of statewide significance for
expediting the completion of the forest products operation of statewide
significance. The agreement shall guarantee that any necessary permit
for the construction or operation of the forest products operation of
statewide significance be granted within ninety days of application.
If a permit is not granted by the end of the ninety-day period, then
issuance of a permit with no conditions or modifications will be
automatic and assumed by the project managers on the ninety-first day
following application.
Sec. 3 RCW 43.157.030 and 2003 c 54 s 3 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 and for forest
products operations of statewide significance. The application for
industrial projects of statewide significance 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 a project
facilitator or coordinator to each industrial project of statewide
significance 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, 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; and (c) work with each team member to expedite their actions
in furtherance of the project.
NEW SECTION. Sec. 4 A new section is added to chapter 82.08 RCW
to read as follows:
The tax levied by RCW 82.08.020 does not apply to sales or rentals
of building materials, construction equipment, timber processing
machinery, office equipment, or other purchases deemed necessary by the
project manager of a forest products operation of statewide
significance, as that term is defined in RCW 43.157.010, for the
construction and operation of a forest products operation of statewide
significance certified by the department of community, trade, and
economic development under RCW 43.157.030.
NEW SECTION. Sec. 5 A new section is added to chapter 82.12 RCW
to read as follows:
The provisions of this chapter do not apply to the use of building
materials, construction equipment, timber processing machinery, office
equipment, or other items deemed necessary by the project manager of a
forest products operation of statewide significance, as that term is
defined in RCW 43.157.010, for the construction and operation of a
forest products operation of statewide significance certified by the
department of community, trade, and economic development under RCW
43.157.030.
NEW SECTION. Sec. 6 A new section is added to chapter 36.70A RCW
to read as follows:
The provisions of this chapter do not apply to the siting or
operation of forest products operations of statewide significance
certified by the department of community, trade, and economic
development under RCW 43.157.030.
NEW SECTION. Sec. 7 A new section is added to chapter 35.21 RCW
to read as follows:
Any city or town with which the project managers of a forest
products operation of statewide significance certified by the
department of community, trade, and economic development under RCW
43.157.030 has applied for a permit or other permission for building or
operating a forest products operation of statewide significance shall
comply with the timelines established in RCW 43.157.020.
NEW SECTION. Sec. 8 A new section is added to chapter 35A.21 RCW
to read as follows:
Any code city with which the project managers of a forest products
operation of statewide significance certified by the department of
community, trade, and economic development under RCW 43.157.030 has
applied for a permit or other permission for building or operating a
forest products operation of statewide significance shall comply with
the timelines established in RCW 43.157.020.
NEW SECTION. Sec. 9 A new section is added to chapter 36.32 RCW
to read as follows:
Any county with which the project managers of a forest products
operation of statewide significance certified by the department of
community, trade, and economic development under RCW 43.157.030 has
applied for a permit or other permission for building or operating a
forest products operation of statewide significance shall comply with
the timelines established in RCW 43.157.020.
Sec. 10 RCW 46.16.111 and 1987 c 244 s 5 are each amended to read
as follows:
(1) Except as otherwise provided in this section, the gross weight
in the case of any motor truck, tractor, or truck tractor shall be the
scale weight of the motor truck, tractor, or truck tractor, plus the
scale weight of any trailer, semitrailer, converter gear, or pole
trailer to be towed thereby, to which shall be added the weight of the
maximum load to be carried thereon or towed thereby as set by the
licensee in the application if it does not exceed the weight
limitations prescribed by chapter 46.44 RCW. If the sum of the scale
weight and maximum load of the trailer is not greater than four
thousand pounds, that sum shall not be computed as part of the gross
weight of any motor truck, tractor, or truck tractor. Where the
trailer is a utility trailer, travel trailer, horse trailer, or boat
trailer, for the personal use of the owner of the truck, tractor, or
truck tractor, and not for sale or commercial purposes, the gross
weight of such trailer and its load shall not be computed as part of
the gross weight of any motor truck, tractor, or truck tractor. The
weight of any camper is exempt from the determination of gross weight
in the computation of any licensing fees required under RCW 46.16.070.
(2) The gross weight in the case of any bus, auto stage, or for
hire vehicle, except taxicabs, with a seating capacity over six, shall
be the scale weight of each bus, auto stage, and for hire vehicle plus
the seating capacity, including the operator's seat, computed at one
hundred and fifty pounds per seat.
(3) For the purposes of calculating gross weight in order to
determine the appropriate license fee under RCW 46.16.070 only, trucks
used primarily for hauling logs to a forest products operation of
statewide significance certified by the department of community, trade,
and economic development under RCW 43.157.030 are considered to be zero
pounds and may satisfy the requirements of RCW 43.157.030 without
paying a fee by submitting evidence that the truck satisfies the
requirements of this subsection.
(4) Except as otherwise provided in this section, if the resultant
gross weight, according to this section, is not listed in RCW
46.16.070, it shall be increased to the next higher gross weight so
listed pursuant to chapter 46.44 RCW.