BILL REQ. #:  H-1510.1 

Read first time 02/06/09.   Referred to Committee on Transportation.

     AN ACT Relating to providing an expedited permit process for transportation projects of statewide significance; adding a new section to chapter 47.01 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature finds that expediting the permit approval process for transportation projects of statewide significance is essential to reducing project delays and making the most efficient use of available funding. The legislature intends with this act to provide an expedited permit process for transportation projects of statewide significance so that construction of the projects can begin as quickly as possible.

NEW SECTION.  Sec. 2   A new section is added to chapter 47.01 RCW to read as follows:
     The department shall use the process described under subsections (1) through (6) of this section for transportation projects of statewide significance, including projects requested by a private sector partner under chapter 47.29 RCW. For the purposes of this section, "transportation project of statewide significance" means a single project or combination of projects along a state route, interstate highway, or highway of statewide significance, the cost of which is more than one billion dollars.
     (1) Step 1: Conceptual description. The department shall identify project purposes, the approximate location or alternative locations, the federal, state, and local agencies that might have authority to review and approve the project or portions of the project at any such locations, a preliminary interagency communication list identifying agencies that may be interested in the proposed project, and, where known, contact persons in such agencies. If the department intends to proceed with step 2 or abandon the project, it may complete this step by: (a) Providing a summary of the outcome to all agencies on the interagency communication list; and (b) making the summary available to the public.
     (2) Step 2: Early involvement of other agencies.
     (a) At any time after completing step 1, the department shall provide notice to all agencies on the interagency communication list and the public. Within thirty days, or a longer period of time if specified by the department, each state, local, and federal agency must be encouraged to identify:
     (i) A primary contact person to coordinate future communications with the department and other interested agencies regarding the project, or indicate that it has no interest in the project and does not need to remain on the project information list;
     (ii) Its role with respect to the proposed project;
     (iii) Additional alternative locations the department should consider and the roles it would expect to have with the project at those locations;
     (iv) Other agencies it believes should be added to the interagency communication list for the project; and
     (v) Other information it requests the department to consider.
     (b) After all state and local agencies on the interagency communication list have responded, or at least ten days after the expiration of the specified response time, the department may complete this step by: (i) Proposing one or more conceptual designs for the project at a proposed location and any alternative locations then being considered; (ii) providing a summary of the results of this step, including a statement that the department considers this step to be complete or complete except for specified issues remaining to be resolved with specified agencies, to all agencies on the interagency communication list; and (iii) making the summary available to the public.
     (3) Step 3: Identify environmental reviews, permits, and other approvals, application procedures, and decision standards.
     (a) At any time after completing step 2, the department may initiate this step by providing notice to all agencies on the interagency communication list and the public. This notice may include a threshold determination on whether an environmental impact statement or supplemental environmental impact statement will be prepared or an environmental checklist and request for comments on what steps should be taken to comply with chapter 43.21C RCW. Within thirty days, or a longer period of time if specified by the department, each state, local, and federal agency must be encouraged to identify:
     (i) The procedures under which it expects environmental reviews of the project to occur;
     (ii) All permits and other approvals it might require for the project at each alternative location and conceptual design;
     (iii) What is needed for the department to file a complete application for each permit or other approval;
     (iv) The laws, regulations, ordinances, and policies it would administer with respect to the project at each alternative location and conceptual design; and
     (v) Other information it requests the department to consider in deciding whether, when, where, or how to proceed with the project.
     (b) After all state and local agencies on the interagency communication list have responded, or at least ten days after the expiration of the specified response time, the department may complete this step by:
     (i) Adopting a list of all environmental reviews, permits, and other approvals it believes are needed for the project under each alternative being considered;
     (ii) Providing all agencies on the interagency communication list a copy of that list and a summary of the results of this step, including a statement that the department considers this step to be complete or complete except for specified issues remaining to be resolved with specified agencies; and
     (iii) Making the list described under (b)(i) of this subsection and summary available to the public.
     (c) The list described under (b)(i) of this subsection and summary are presumed to accurately identify all environmental reviews, permits, and other approvals needed for each alternative described, what is required for applications to be considered complete, and the standards under which applications will be reviewed and approved, unless an aggrieved agency or person files objections within thirty days after the list and summary are distributed.
     (4) Step 4: Tentative selection of a preferred alternative.
     (a) At any time after completing step 3, the department may initiate this step by providing notice to all agencies on the interagency communication list and the public. This notice may be accompanied by a scoping notice for an environmental impact statement or supplemental environmental impact statement or, if available, be accompanied by a draft environmental impact statement or supplemental environmental impact statement. It also may be accompanied by the department's preliminary analysis of the advantages and disadvantages of each identified alternative, or other information that may be helpful to other interested agencies and the public in identifying advantages and disadvantages. Within fourteen days, or a longer period of time if specified by the department, each state, local, and federal agency must be encouraged to identify:
     (i) For each identified alternative, the specific features it considers significant with respect to its role in environmental reviews, permits, or other approvals for the project, the reasons these features are significant, and any concerns it may have about the alternative because of potential adverse impacts of these features on resources or social policies within its jurisdiction;
     (ii) For each feature for which it raises concerns, recommendations on how the potential adverse impacts could be avoided, minimized, and mitigated;
     (iii) For each feature for which it raises concerns, an assessment of the relative ranking of each alternative with respect to whether and to what extent these concerns apply;
     (iv) Recommendations it may have as to which alternatives should be retained or dropped from further consideration, and ways in which alternatives might be modified or combined to address its concerns, recognizing that (A) final decisions can be made only through the applicable environmental review, permit, and other approval processes and (B) the agency making these decisions is not bound with respect to any future decisions it may make regarding the project; and
     (v) Other information it requests the department to consider in deciding whether, when, where, or how to proceed with the project.
     (b) After all state and local agencies on the interagency communication list have responded, or at least ten days after the expiration of the specified response time, the department may complete this step by:
     (i) Selecting a preferred alternative for purposes of all environmental reviews, permits, and other approvals needed for the project;
     (ii) Providing all agencies on the interagency communication list with a description of the preferred alternative and summary of the results of this step, including a statement that the department considers this step to be complete or complete except for specified issues remaining to be resolved with specified agencies; and
     (iii) Making the preferred alternative and summary available to the public. The preferred alternative must be identified in all environmental reviews, permits, and other approvals needed for the project.
     (5) Step 5: Completing environmental reviews and applications for permits and other approvals.
     (a) At any time after completing step 4, the department may initiate this step by providing notice to all agencies on the interagency communication list and the public. A draft environmental impact statement or supplemental environmental impact statement, the department's draft plans and specifications for the project, and draft applications for some or all permits and other approvals may be provided with the notice or when these materials subsequently become available. Within thirty days, or a longer period of time if specified by the department, each state, local, and federal agency must be encouraged to identify:
     (i) All concerns it previously raised regarding the alternative, and other alternatives still under consideration, that have not been resolved to its satisfaction;
     (ii) Additional concerns it may have, particularly concerns resulting from additional information about the project location and design and other new information received since the completion of step 4;
     (iii) Additional environmental reviews, permits, or other approvals needed for the preferred alternative because of changes in laws, regulations, or policies, or changes in the project location or design, since these issues were last reviewed under step 3 or 4;
     (iv) Changes in applicable requirements for complete applications for permits or other approvals under its jurisdiction since these issues were last reviewed under step 3 or 4;
     (v) Other changes in applicable laws, regulations, ordinances, or policies administered by the agency since these issues were last reviewed under step 3 or 4; and
     (vi) Whether a draft application proposed by the department for a permit or other approval from the agency is complete, and if not, what additional information or other changes are needed for it to be complete.
     (b) When all state and local agencies on the interagency communication list have responded, or at least ten days after the expiration of the specified response time, the department may complete this step by:
     (i) Completing some or all of the environmental review processes and draft application forms for permits and other approvals that it reasonably believes to be complete;
     (ii) Providing all agencies on the interagency communication list with environmental review and application documents and a summary of the results of this step, including a statement that the department considers this step to be complete or complete except for specified issues remaining to be resolved with specified agencies; and
     (iii) Making the completed environmental review documents and summary available to the public. The preferred alternative must be identified in all environmental reviews, permits, and other approvals needed for the project.
     (c) If an interested agency or aggrieved person files objections within fourteen days after the preferred alternative and summary are distributed, the objections must be addressed in subsequent environmental reviews and agency decisions regarding the project.
     (6) Step 6: Completing the environmental review, permit, and other approval processes.
     (a) At any time after completing step 5, the department may initiate this step by providing notice to all agencies on the interagency communication list and the public and by filing applications for some or all permits and other approvals needed for the project. Within thirty days, or a longer period of time if specified by the department, each state, local, and federal agency must be encouraged to:
     (i) Acknowledge receipt of draft environmental review documents and provide comments on these documents;
     (ii) Acknowledge receipt of final environmental review documents and determine that these documents are adequate for purposes of their roles regarding the project or specify what additional information or changes are needed for these documents to be considered adequate;
     (iii) Acknowledge receipt of each application filed and determine that the application is complete or specify what additional information or changes are needed for the application to be considered complete;
     (iv) Acknowledge that the applications submitted will be processed under the laws, regulations, ordinances, and policies previously identified under steps 3, 4, and 5 or specify what changes have occurred in the governing standards that were in effect on the date a complete application was filed and, as a result, apply to the project;
     (v) Identify the significant steps necessary for it to reach a final decision on applications and the estimated time needed for each step; and
     (vi) Identify ways its decision-making process might be made more efficient and effective through additional coordination with other agencies, with any recommendations for such methods as joint solicitation and review of public comments and jointly conducting public hearings.
     (b) This step may require an iterative process with several drafts of various environmental review documents and applications being considered and revised, and that changes in project location or design resulting from the permit decisions of one agency may require revising applications or reopening permit decisions of other agencies. All state and local agencies are expected, and federal agencies are encouraged, to communicate and cooperate to minimize the number of iterations required and make the process as efficient and effective as possible. Unless significant new information is obtained, decisions made under this step should not be reopened except at the request of the department, and the most recent information available under steps 3, 4, and 5 should be presumed accurate until significant new information becomes available.
     (c) If all environmental reviews have not been completed and all permits and other approvals have not been obtained within forty-five days after this step is initiated, the department, by providing notice to all agencies on the interagency communication list and the public, may set a deadline for completing reviews and decisions. At any time after the deadline, the department may terminate the coordination process of this section as to some or all of the reviews and decisions that are still not completed.