BILL REQ. #:  H-3984.1 

Read first time .   Referred to .

     AN ACT Relating to the impact on small businesses of general permits developed under chapter 90.48 RCW; and adding a new section to chapter 90.48 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 90.48 RCW to read as follows:
     (1) In developing a general permit under this chapter, the department must prepare an economic impact analysis on all draft general permits that are intended to directly cover small business, as that term is defined in RCW 19.85.020. The economic impact analysis must be published with the draft general permit.
     (2) The economic impact analysis must be used as a basis to reduce the economic impact of the general permit on small businesses by implementing one or more of the following when it is legal and feasible in meeting the stated objectives of the federal water pollution control act (33 U.S.C. Sec. 1251 et seq.) and this chapter:
     (a) Establishing differing compliance or reporting requirements or timetables for small businesses;
     (b) Simplifying, reducing, or eliminating the compliance, monitoring, recordkeeping, and reporting requirements under the general permit for small businesses;
     (c) Establishing performance standards rather than design standards; and
     (d) Exempting small businesses from parts of the general permit.
     (3) The contents of an economic impact analysis of a proposed general permit must include, at a minimum, the following:
     (a) A brief description of the compliance requirements of the general permit, including:
     (i) The minimum technology-based treatment requirements;
     (ii) The monitoring requirements contained in the general permit;
     (iii) The reporting and recordkeeping requirements; and
     (iv) Any plan submittal requirements;
     (b) The estimated costs of compliance for facilities intended to be covered under the general permit. Costs include, consistent with subsection (2) of this section, the following:
     (i) The costs associated with (a) of this subsection;
     (ii) The costs of equipment, supplies, labor, and any increased administrative costs; and
     (iii) The costs of professional services likely needed to comply with the general permit;
     (c) A comparison, to the greatest extent possible, of the cost of compliance for small businesses with the cost of compliance for the largest ten percent of the facilities intended to be covered under the general permit. The economic impact analysis must use one or more of the following as a basis for comparing costs:
     (i) Cost per employee;
     (ii) Cost per hour of labor; or
     (iii) Cost per one hundred dollars of sales.
     (4) To obtain information for purposes of this section, an agency should survey a representative sample of affected businesses or trade associations to assist in the accurate assessment of the costs of the proposed general permit, and the means to reduce the costs imposed on small businesses.