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ENGROSSED SUBSTITUTE SENATE BILL 5473
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State of Washington61st Legislature2009 Regular Session

By Senate Economic Development, Trade & Innovation (originally sponsored by Senators Kastama, Kilmer, Pridemore, McAuliffe, and Sheldon)

READ FIRST TIME 02/05/09.   



     AN ACT Relating to streamlining development through the designation of projects of statewide significance; amending RCW 43.157.005, 43.157.010, 43.157.020, and 43.157.030; and declaring an emergency.

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

Sec. 1   RCW 43.157.005 and 1997 c 369 s 1 are each amended to read as follows:
     The legislature declares that certain ((industrial)) investments, such as investments for industrial development, environmental improvement, and innovation activities, merit special designation and treatment by governmental bodies when they are proposed. Such investments bolster the economies of their locale and impact the economy of the state as a whole. It is the intention of the legislature to recognize ((industrial)) projects of statewide significance and to encourage local governments and state agencies to expedite their completion.

Sec. 2   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)):
     (a) A
project of statewide significance is: (i) A border crossing project that involves both private and public investments carried out in conjunction with adjacent states or provinces; (ii) a development project that will provide a net environmental benefit; (iii) a development project in furtherance of the commercialization of innovations; or (iv) a private industrial development with private capital investment in manufacturing or research and development;
     (b) To "expedite" means to speed up the progress of or to facilitate in a manner beyond the normal practice
.
     (2) To qualify as ((an industrial)) a project of statewide significance: (a) The project must be completed after January 1, ((1997)) 2009; (b) the applicant must submit an application for designation as ((an industrial)) a 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)) five million dollars;
     (ii) In counties with a population of greater than twenty thousand but no more than fifty thousand, a capital investment of ((fifty)) ten 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)) fifteen 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)) twenty 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)) thirty 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)) forty million dollars;
     (vii) In counties with a population of greater than one million, a capital investment of ((one billion)) fifty million dollars;
     (viii) In rural 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)) as defined by RCW 82.14.370, 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)) other than rural counties as defined by RCW 82.14.370, 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)) a project of statewide significance either because: (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; (C) the project resulted from or is in furtherance of innovation activities at a public research institution in the state or is in or resulted from innovation activities within an innovation partnership zone; or (D) the project will provide a net environmental benefit as evidenced by plans for design and construction under green building standards or other environmental criteria established by the director. Designation under this subsection (2)(c)(x) will only be made after consultation on the availability of staff resources of the office of regulatory assistance.
     (((2))) (3) The term manufacturing shall have the meaning assigned it in RCW ((82.61.010)) 82.62.010.
     (((3))) (4) The term research and development shall have the meaning assigned it in RCW ((82.61.010)) 82.62.010.
     (((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)) a project of statewide significance.

Sec. 3   RCW 43.157.020 and 2003 c 54 s 2 are each amended to read as follows:
     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)) regulatory 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) Participation of local officials on the team assembled under the requirements of RCW 43.157.030(2)(b); and
     (5)
Such other actions or items as are deemed necessary by the office of ((permit)) regulatory assistance for the design and construction of the project.

Sec. 4   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. 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)) a 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)) a project of statewide significance. The development project proponents may provide the funding necessary for the jurisdiction to hire the professional staff that will be required to so expedite. 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)) any project that meets or will meet the requirements of RCW 43.157.010 ((regarding designation)) as ((an industrial)) a project of statewide significance.
     (2) The office of ((permit)) regulatory 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, workforce 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. 5   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.

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