BILL REQ. #:  H-0726.1 

Read first time 01/18/2005.   Referred to Committee on State Government Operations & Accountability.

     AN ACT Relating to a permitting bill of rights; and adding a new section to chapter 1.20 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 1.20 RCW to read as follows:
     (1) The legislature finds that permits and licensing programs have been legislatively established to protect the health, welfare, economy, and environment of Washington's citizens and to provide a fair, competitive opportunity for business innovation and consumer confidence. The legislature also finds that uncertainty in government processes to permit or license an activity by a citizen of Washington state is undesirable and erodes confidence in government. The legislature further finds that information about the permitting and licensing process is critical for an applicant's planning and financial assessment of the proposed project. The legislature also finds that applicants have a responsibility to provide complete and accurate information.
     (2) Citizens of the state of Washington have the right to know the following information when applying for a permit, license, or authorization to engage in a lawful activity:
     (a) Right to know the minimum and maximum time required by an agency for a decision on a permit or license, including public comment requirements;
     (b) Right to know the minimum and maximum amount of information required for an agency to make a decision on a permit or license;
     (c) Right to know when an agency considers an application complete for processing;
     (d) Right to know the minimum and maximum costs in agency fees that will be incurred by the permit or license applicant; and
     (e) Right to know the reasons for a denial of a permit or license in writing.
     (3) In providing this information to applicants, an agency shall base estimates on the best information available about the permitting or licensing program and prior applications for similar permits, and shall also base these estimates on the information provided by the applicant. New information provided by the applicant subsequent to the agency estimates may change the information provided in subsection (2) of this section. Project modifications may result in more time, more information, or more costs being required for permit or license processing. Cost information provided by agencies is not required to include costs for work performed by the private sector on behalf of the applicant.
     (4) 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.
     (5) State permitting and licensing agencies shall track the progress in meeting the information requirements established under subsection (2) of this section. Beginning on or before December 31, 2006, each state permitting and licensing agency shall prepare an annual report of its performance for the preceding fiscal year. The report shall be posted on its web site and provided to the appropriate standing committees of the senate and house of representatives. In addition to general information regarding the performance of the agency for the preceding fiscal year, the report shall include:
     (a) Information regarding the minimum and maximum time required by an agency for a decision on a permit, license, or authorization;
     (b) The minimum and maximum amount of agency fees incurred by applicants by permit type; and
     (c) A summation of the reasons for denial for each type of permit, license, or authorization.
     (6) These rights apply to state permits, licenses, or other legal authorizations. This section does not apply to those licenses in which the only requirement of the applicant is to submit a fee and the license is received.