SSB 6359 -
By Committee on State Government & Tribal Affairs
ADOPTED AND ENGROSSED 3/1/12
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 43.42.010 and 2011 c 149 s 2 are each amended to read
as follows:
(1) The office of regulatory assistance is created in the office of
financial management and must be administered by the office of the
governor to help improve the regulatory system and assist citizens,
businesses, and project proponents.
(2) The governor must appoint a director. The director may employ
a deputy director and a confidential secretary and such staff as are
necessary, or contract with another state agency pursuant to chapter
39.34 RCW for support in carrying out the purposes of this chapter.
(3) The office must offer to:
(a) Act as the central point of contact for the project proponent
in communicating about defined issues;
(b) Conduct project scoping as provided in RCW 43.42.050;
(c) Verify that the project proponent has all the information
needed to correctly apply for all necessary permits;
(d) Provide general coordination services;
(e) Coordinate the efficient completion among participating
agencies of administrative procedures, such as collecting fees or
providing public notice;
(f) Maintain contact with the project proponent and the permit
agencies to promote adherence to agreed schedules;
(g) Assist in resolving any conflict or inconsistency among permit
requirements and conditions;
(h) Coordinate, to the extent practicable, with relevant federal
permit agencies and tribal governments;
(i) Facilitate meetings;
(j) Manage a fully coordinated permit process, as provided in RCW
43.42.060; and
(k) Help local jurisdictions comply with the requirements of
chapter 36.70B RCW ((by providing information about best permitting
practices methods to improve communication with, and solicit early
involvement of, state agencies when needed; and)).
(l) Maintain and furnish information as provided in RCW
43.42.040
(4) The office must also:
(a) Provide information to local jurisdictions about best
permitting practices, methods to improve communication with, and
solicit early involvement of, state agencies when needed, and effective
means of assessing and communicating expected project timelines and
costs;
(b) Maintain and furnish information as provided in RCW 43.42.040;
and
(c) Provide the following by September 1, 2009, and biennially
thereafter, to the governor and the appropriate committees of the
legislature:
(((a))) (i) A performance report including:
(((i))) (A) Information regarding use of the office's voluntary
cost-reimbursement services as provided in RCW 43.42.070;
(((ii))) (B) The number and type of projects or initiatives where
the office provided services ((and the resolution provided by the
office on any conflicts that arose on such projects;))
including the key agencies with which the office partnered;
(iii) The agencies involved on specific projects;
(iv) Specific information on any difficulty encountered in
provision of services, implementation of programs or processes, or use
of tools; and
(v) Trend reporting that allows comparisons between statements of
goals and performance targets and the achievement of those goals and
targets; and
(b) Recommendations on system improvements including
recommendations regarding:
(i) Measurement of overall system performance;
(ii) Changes needed to make cost reimbursement, a fully coordinated
permit process, multiagency permitting teams, and other processes
effective; and
(iii) Resolving any conflicts or inconsistencies arising from
differing statutory or regulatory authorities, roles and missions of
agencies, timing and sequencing of permitting and procedural
requirements as identified by the office in the course of its duties
(C) Specific information on any difficulty encountered in providing
services or implementing programs, processes, or assistance tools; and
(D) Trend reporting that allows comparisons between statements of
goals and performance targets and the achievement of those goals and
targets; and
(ii) Recommendations on system improvements including, but not
limited to, recommendations on improving environmental permitting by
making it more time efficient and cost-effective for all participants
in the process.
Sec. 2 RCW 43.42.050 and 2009 c 97 s 5 are each amended to read
as follows:
(1) Upon request of a project proponent, the office ((shall)) must
determine the level of project scoping needed by the project proponent,
taking into consideration the complexity of the project and the
experience of those expected to be involved in the project application
and review process. The director may require the attendance at a
scoping meeting of any state or local agency.
(2) Project scoping ((shall)) must consider the complexity, size,
and needs for assistance of the project and ((shall)) must address as
appropriate:
(a) The permits that are required for the project;
(b) The permit application forms and other application requirements
of the participating permit agencies;
(c) The specific information needs and issues of concern of each
participant and their significance;
(d) Any statutory or regulatory conflicts that might arise from the
differing authorities and roles of the permit agencies;
(e) Any natural resources, including federal or state listed
species, that might be adversely affected by the project and might
cause an alteration of the project or require mitigation; and
(f) The anticipated time required for permit decisions by each
participating permit agency, including the estimated time required to
determine if the permit application is complete, to conduct
environmental review, and to review and process the application. In
determining the estimated time required, full consideration must be
given to achieving the greatest possible efficiencies through any
concurrent studies and any consolidated applications, hearings, and
comment periods.
(3) The outcome of the project scoping ((shall)) must be documented
in writing, furnished to the project proponent, and be made available
to the public.
(4) The project scoping ((shall)) must be completed prior to the
passage of sixty days of the project proponent's request for a project
scoping unless the director finds that better results can be obtained
by delaying the project scoping meeting or meetings to ensure full
participation.
(5) Upon completion of the project scoping, the participating
permit agencies ((shall)) must proceed under their respective
authorities. The agencies may remain in communication with the office
as needed.
(6) 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.
Sec. 3 RCW 43.42.060 and 2009 c 421 s 8 and 2009 c 97 s 6 are
each reenacted and amended to read as follows:
(1) A project proponent may submit a written request to the
director of the office for participation in a fully coordinated permit
process. Designation as a fully coordinated project requires that:
(a) The project proponent enters into a cost-reimbursement
agreement pursuant to RCW 43.42.070;
(b) The project has a designation under chapter 43.157 RCW; or
(c) The director determine that (i)(A) the project raises complex
coordination, permit processing, or substantive permit review issues;
or (B) if completed, the project would provide substantial benefits to
the state; and (ii) the office, as well as the participating permit
review agencies, have sufficient capacity within existing resources to
undertake the full coordination process without reimbursement and
without seriously affecting other services.
(2) A project proponent who requests designation as a fully
coordinated permit process project must provide the office with a full
description of the project. The office may request any information
from the project proponent that is necessary to make the designation
under this section, and may convene a scoping meeting or a work plan
meeting of the likely participating permit agencies.
(3) When a project is designated for the fully coordinated permit
process, the office ((shall)) must serve as the main point of contact
for the project proponent and participating agencies with regard to the
permit process for the project as a whole. Each participating agency
must designate a single point of contact for coordinating with the
office. The office ((shall)) must keep an up-to-date project
management log and schedule illustrating required procedural steps in
the permitting process, and highlighting substantive issues as
appropriate that must be resolved in order for the project to move
forward. In carrying out these responsibilities, the office ((shall))
must:
(a) Ensure that the project proponent has been informed of all the
information needed to apply for the permits that are included in the
coordinated permit process;
(b) Coordinate the timing of review for those permits by the
respective participating permit agencies;
(c) Facilitate communication between project proponents,
consultants, and agency staff to promote timely permit decisions;
(d) Assist in resolving any conflict or inconsistency among the
permit requirements and conditions that are expected to be imposed by
the participating permit agencies; and
(e) Make contact, at least once, with any local, tribal, or federal
jurisdiction that is responsible for issuing a permit for the project
and invite them to participate in the coordinated permit process or to
receive periodic updates in the project.
(4) Within thirty days, or longer with agreement of the project
proponent, of the date that the office designates a project for the
fully coordinated permit process, it shall convene a work plan meeting
with the project proponent and the participating permit agencies to
develop a coordinated permit process schedule. The meeting agenda
((shall)) may include ((at least)) any of the following:
(a) Review of the permits that are required for the project;
(b) A review of the permit application forms and other application
requirements of the agencies that are participating in the coordinated
permit process;
(c) An estimation of the timelines that will be used by each
participating permit agency to make permit decisions, including the
estimated time periods required to determine if the permit applications
are complete and to review or respond to each application or submittal
of new information.
(i) The estimation must also include the estimated number of
revision cycles for the project, or the typical number of revision
cycles for projects of similar size and complexity.
(ii) In the development of this timeline, full attention ((shall))
must be given to achieving the maximum efficiencies possible through
concurrent studies and consolidated applications, hearings, and comment
periods.
(iii) Estimated action or response times for activities of the
office that are required before or trigger further action by a
participant must also be included;
(d) Available information regarding the timing of any public
hearings that are required to issue permits for the project and a
determination of the feasibility of coordinating or consolidating any
of those required public hearings; and
(e) A discussion of fee arrangements for the coordinated permit
process, including an estimate of the costs allowed by statute, any
reimbursable agency costs, and billing schedules, if applicable.
(5) Each agency ((shall)) must send at least one representative
qualified to discuss the applicability and timelines associated with
all permits administered by that agency or jurisdiction. At the
request of the project proponent, the office ((shall)) must notify any
relevant local or federal agency or federally recognized Indian tribe
of the date of the meeting and invite that agency's participation in
the process.
(6) Any accelerated time period for the consideration of a permit
application ((shall)) must be consistent with any statute, rule, or
regulation, or adopted state policy, standard, or guideline that
requires the participation of other agencies, federally recognized
Indian tribes, or interested persons in the application process.
(7) If a permit agency or the project proponent foresees, at any
time, that it will be unable to meet the estimated timelines or other
obligations under the agreement, it ((shall)) must notify the office of
the reasons for the problem and offer potential solutions or an amended
timeline for resolving the problem. The office ((shall)) must notify
the participating permit agencies and the project proponent and, upon
agreement of all parties, adjust the schedule, or, if necessary,
schedule another work plan meeting.
(8) The project proponent may withdraw from the coordinated permit
process by submitting to the office a written request that the process
be terminated. Upon receipt of the request, the office ((shall)) must
notify each participating permit agency that a coordinated permit
process is no longer applicable to the project.
Sec. 4 RCW 43.42.070 and 2010 c 162 s 4 are each amended to read
as follows:
(1) The office may enter into cost-reimbursement agreements with a
project proponent to recover from the project proponent the reasonable
costs incurred by the office in carrying out the provisions of ((RCW
43.42.050, 43.42.060, 43.42.090, and 43.42.092)) this chapter. The
agreement must include provisions for covering the costs incurred by
the permit agencies that are participating in the cost-reimbursement
project and carrying out permit processing or project review tasks
referenced in the cost-reimbursement agreement.
(2) The office must maintain policies or guidelines for
coordinating cost-reimbursement agreements with participating agencies,
project proponents, and ((outside)) independent consultants. Policies
or guidelines must ensure that, in developing cost-reimbursement
agreements, conflicts of interest are eliminated. ((Contracts with
independent consultants hired by the office under this section must be
based on competitive bids that are awarded for each agreement from a
prequalified consultant roster.)) The policies must also support
effective use of cost-reimbursement resources to address staffing and
capacity limitations as may be relevant within the office or
participating permit agencies.
(3) For fully coordinated permit processes and priority economic
recovery projects selected pursuant to this section, the office must
coordinate the negotiation of all cost-reimbursement agreements
executed under RCW 43.21A.690, 43.30.490, 43.70.630, 43.300.080, and
70.94.085. The office, project proponent, and ((the)) participating
permit agencies must be signatories to the cost-reimbursement agreement
or agreements. Each participating permit agency must manage
performance of its portion of the cost-reimbursement agreement.
Independent consultants hired under a cost-reimbursement agreement
((shall)) must report directly to the hiring office or participating
permit agency. Any cost-reimbursement agreement must require that
final decisions are made by the participating permit agency and not by
a hired independent consultant.
(4) For ((a fully coordinated project using cost reimbursement, the
office and participating permit agencies must include a cost-reimbursement work plan, including deliverables and schedules for
invoicing and reimbursement in the fully coordinated project work plan
described in RCW 43.42.060. Upon request, the office must verify that
the agencies have met the obligations contained in the cost-reimbursement work plan and agreement. The cost-reimbursement
agreement must identify the tasks of each agency and the maximum costs
for work conducted under the agreement. The agreement must include a
schedule that states:)) any project using cost
reimbursement, the cost-reimbursement agreement must require the office
and participating permit agencies to develop and periodically update a
project work plan, which the office must provide on the internet and
share with each party to the agreement.
(a) The estimated number of weeks for initial review of the permit
application for comparable projects;
(b) The anticipated number of revision cycles;
(c) The estimated number of weeks for review of subsequent revision
submittals;
(d) The estimated number of billable hours of employee time;
(e) The rate per hour; and
(f) A process for revision of the agreement if necessary.
(5) If a permit agency or the project proponent foresees, at any
time, that it will be unable to meet its obligations under the cost-reimbursement agreement and fully coordinated project work plan, it
must notify the office and state the reasons, along with proposals for
resolving the problems and potentially amending the timelines. The
office must notify the participating permit agencies and the project
proponent and, upon agreement of all parties, adjust the schedule, or,
if necessary, coordinate revision of the cost-reimbursement agreement
and fully coordinated project work plan
(5)(a) The cost-reimbursement agreement must identify the proposed
project, the desired outcomes, and the maximum costs for work to be
conducted under the agreement. The desired outcomes must refer to the
decision-making process and may not prejudge or predetermine whether
decisions will be to approve or deny any required permit or other
application. Each participating permit agency must agree to give
priority to the cost-reimbursement project but may in no way reduce or
eliminate regulatory requirements as part of the priority review.
(b) Reasonable costs are determined based on time and materials
estimates with a provision for contingencies, or set as a flat fee tied
to a reasonable estimate of staff hours required.
(c) The cost-reimbursement agreement may include deliverables and
schedules for invoicing and reimbursement. The office may require
advance payment of some or all of the agreed reimbursement, to be held
in reserve and distributed to participating permit agencies and the
office upon approval of invoices by the project proponent. The project
proponent has thirty days to request additional information or
challenge an invoice. If an invoice is challenged, the office must
respond and attempt to resolve the challenge within thirty days. If
the office is unable to resolve the challenge within thirty days, the
challenge must be submitted to the office of financial management. A
decision on such a challenge must be made by the office of financial
management and approved by the director of the office of financial
management and is binding on the parties.
(d) Upon request, the office must verify whether participating
permit agencies have met the obligations contained in the project work
plan and cost-reimbursement agreement.
(6) If a party to the cost-reimbursement agreement foresees, at any
time, that it will be unable to meet its obligations under the
agreement, it must notify the office and state the reasons, along with
proposals for resolving the problems. The office must notify the other
parties to the cost-reimbursement agreement and seek to resolve the
problems by adjusting invoices, deliverables, or the project work plan,
or through some other accommodation.
Sec. 5 RCW 43.42.095 and 2010 c 162 s 5 are each amended to read
as follows:
The multiagency permitting team account is created in the ((state
treasury. All receipts from solicitations authorized in RCW 43.42.092
must be deposited into the account. Moneys in the account may be spent
only after appropriation. Expenditures from the account may be used
only for covering the initial administrative costs of multiagency
permitting teams and such other costs associated with the teams as may
arise that are not recoverable through cost-reimbursement or cost-sharing mechanisms)) custody of the state treasurer. All receipts from
cost-reimbursement agreements authorized in RCW 43.42.070 and
solicitations authorized in RCW 43.42.092 must be deposited into the
account. Expenditures from the account may be used only for covering
staffing, consultant, technology, and other administrative costs of
multiagency permitting teams and other costs associated with
multiagency project review and management that may arise. Only the
director of the office of regulatory assistance or the director's
designee may authorize expenditures from the account. The account is
subject to allotment procedures under chapter 43.88 RCW, but an
appropriation is not required for expenditures.
Sec. 6 RCW 43.79A.040 and 2011 1st sp.s. c 37 s 603 are each
amended to read as follows:
(1) Money in the treasurer's trust fund may be deposited, invested,
and reinvested by the state treasurer in accordance with RCW 43.84.080
in the same manner and to the same extent as if the money were in the
state treasury, and may be commingled with moneys in the state treasury
for cash management and cash balance purposes.
(2) All income received from investment of the treasurer's trust
fund must be set aside in an account in the treasury trust fund to be
known as the investment income account.
(3) The investment income account may be utilized for the payment
of purchased banking services on behalf of treasurer's trust funds
including, but not limited to, depository, safekeeping, and
disbursement functions for the state treasurer or affected state
agencies. The investment income account is subject in all respects to
chapter 43.88 RCW, but no appropriation is required for payments to
financial institutions. Payments must occur prior to distribution of
earnings set forth in subsection (4) of this section.
(4)(a) Monthly, the state treasurer must distribute the earnings
credited to the investment income account to the state general fund
except under (b), (c), and (d) of this subsection.
(b) The following accounts and funds must receive their
proportionate share of earnings based upon each account's or fund's
average daily balance for the period: The Washington promise
scholarship account, the college savings program account, the
Washington advanced college tuition payment program account, the
accessible communities account, the community and technical college
innovation account, the agricultural local fund, the American Indian
scholarship endowment fund, the foster care scholarship endowment fund,
the foster care endowed scholarship trust fund, the students with
dependents grant account, the basic health plan self-insurance reserve
account, the contract harvesting revolving account, the Washington
state combined fund drive account, the commemorative works account, the
county enhanced 911 excise tax account, the Washington international
exchange scholarship endowment fund, the toll collection account, the
developmental disabilities endowment trust fund, the energy account,
the fair fund, the family leave insurance account, the food animal
veterinarian conditional scholarship account, the fruit and vegetable
inspection account, the future teachers conditional scholarship
account, the game farm alternative account, the GET ready for math and
science scholarship account, the Washington global health technologies
and product development account, the grain inspection revolving fund,
the industrial insurance rainy day fund, the juvenile accountability
incentive account, the law enforcement officers' and firefighters' plan
2 expense fund, the local tourism promotion account, the multiagency
permitting team account, the pilotage account, the produce railcar pool
account, the regional transportation investment district account, the
rural rehabilitation account, the stadium and exhibition center
account, the youth athletic facility account, the self-insurance
revolving fund, the sulfur dioxide abatement account, the children's
trust fund, the Washington horse racing commission Washington bred
owners' bonus fund and breeder awards account, the Washington horse
racing commission class C purse fund account, the individual
development account program account, the Washington horse racing
commission operating account (earnings from the Washington horse racing
commission operating account must be credited to the Washington horse
racing commission class C purse fund account), the life sciences
discovery fund, the Washington state heritage center account, the
reduced cigarette ignition propensity account, and the reading
achievement account.
(c) The following accounts and funds must receive eighty percent of
their proportionate share of earnings based upon each account's or
fund's average daily balance for the period: The advanced right-of-way
revolving fund, the advanced environmental mitigation revolving
account, the federal narcotics asset forfeitures account, the high
occupancy vehicle account, the local rail service assistance account,
and the miscellaneous transportation programs account.
(d) Any state agency that has independent authority over accounts
or funds not statutorily required to be held in the custody of the
state treasurer that deposits funds into a fund or account in the
custody of the state treasurer pursuant to an agreement with the office
of the state treasurer shall receive its proportionate share of
earnings based upon each account's or fund's average daily balance for
the period.
(5) In conformance with Article II, section 37 of the state
Constitution, no trust accounts or funds shall be allocated earnings
without the specific affirmative directive of this section.
Sec. 7 RCW 43.84.092 and 2011 1st sp.s. c 16 s 6, 2011 1st sp.s.
c 7 s 22, 2011 c 369 s 6, 2011 c 339 s 1, 2011 c 311 s 9, 2011 c 272 s
3, 2011 c 120 s 3, and 2011 c 83 s 7 are each reenacted and amended to
read as follows:
(1) All earnings of investments of surplus balances in the state
treasury shall be deposited to the treasury income account, which
account is hereby established in the state treasury.
(2) The treasury income account shall be utilized to pay or receive
funds associated with federal programs as required by the federal cash
management improvement act of 1990. The treasury income account is
subject in all respects to chapter 43.88 RCW, but no appropriation is
required for refunds or allocations of interest earnings required by
the cash management improvement act. Refunds of interest to the
federal treasury required under the cash management improvement act
fall under RCW 43.88.180 and shall not require appropriation. The
office of financial management shall determine the amounts due to or
from the federal government pursuant to the cash management improvement
act. The office of financial management may direct transfers of funds
between accounts as deemed necessary to implement the provisions of the
cash management improvement act, and this subsection. Refunds or
allocations shall occur prior to the distributions of earnings set
forth in subsection (4) of this section.
(3) Except for the provisions of RCW 43.84.160, the treasury income
account may be utilized for the payment of purchased banking services
on behalf of treasury funds including, but not limited to, depository,
safekeeping, and disbursement functions for the state treasury and
affected state agencies. The treasury income account is subject in all
respects to chapter 43.88 RCW, but no appropriation is required for
payments to financial institutions. Payments shall occur prior to
distribution of earnings set forth in subsection (4) of this section.
(4) Monthly, the state treasurer shall distribute the earnings
credited to the treasury income account. The state treasurer shall
credit the general fund with all the earnings credited to the treasury
income account except:
(a) The following accounts and funds shall receive their
proportionate share of earnings based upon each account's and fund's
average daily balance for the period: The aeronautics account, the
aircraft search and rescue account, the budget stabilization account,
the capital vessel replacement account, the capitol building
construction account, the Cedar River channel construction and
operation account, the Central Washington University capital projects
account, the charitable, educational, penal and reformatory
institutions account, the cleanup settlement account, the Columbia
river basin water supply development account, the Columbia river basin
taxable bond water supply development account, the Columbia river basin
water supply revenue recovery account, the common school construction
fund, the county arterial preservation account, the county criminal
justice assistance account, the county sales and use tax equalization
account, the deferred compensation administrative account, the deferred
compensation principal account, the department of licensing services
account, the department of retirement systems expense account, the
developmental disabilities community trust account, the drinking water
assistance account, the drinking water assistance administrative
account, the drinking water assistance repayment account, the Eastern
Washington University capital projects account, the Interstate 405
express toll lanes operations account, the education construction fund,
the education legacy trust account, the election account, the energy
freedom account, the energy recovery act account, the essential rail
assistance account, The Evergreen State College capital projects
account, the federal forest revolving account, the ferry bond
retirement fund, the freight congestion relief account, the freight
mobility investment account, the freight mobility multimodal account,
the grade crossing protective fund, the public health services account,
the health system capacity account, the high capacity transportation
account, the state higher education construction account, the higher
education construction account, the highway bond retirement fund, the
highway infrastructure account, the highway safety account, the high
occupancy toll lanes operations account, the hospital safety net
assessment fund, the industrial insurance premium refund account, the
judges' retirement account, the judicial retirement administrative
account, the judicial retirement principal account, the local leasehold
excise tax account, the local real estate excise tax account, the local
sales and use tax account, the marine resources stewardship trust
account, the medical aid account, the mobile home park relocation fund,
the motor vehicle fund, the motorcycle safety education account, ((the
multiagency permitting team account,)) the multimodal transportation
account, the municipal criminal justice assistance account, the
municipal sales and use tax equalization account, the natural resources
deposit account, the oyster reserve land account, the pension funding
stabilization account, the perpetual surveillance and maintenance
account, the public employees' retirement system plan 1 account, the
public employees' retirement system combined plan 2 and plan 3 account,
the public facilities construction loan revolving account beginning
July 1, 2004, the public health supplemental account, the public
transportation systems account, the public works assistance account,
the Puget Sound capital construction account, the Puget Sound ferry
operations account, the Puyallup tribal settlement account, the real
estate appraiser commission account, the recreational vehicle account,
the regional mobility grant program account, the resource management
cost account, the rural arterial trust account, the rural mobility
grant program account, the rural Washington loan fund, the site closure
account, the skilled nursing facility safety net trust fund, the small
city pavement and sidewalk account, the special category C account, the
special wildlife account, the state employees' insurance account, the
state employees' insurance reserve account, the state investment board
expense account, the state investment board commingled trust fund
accounts, the state patrol highway account, the state route number 520
civil penalties account, the state route number 520 corridor account,
the state wildlife account, the supplemental pension account, the
Tacoma Narrows toll bridge account, the teachers' retirement system
plan 1 account, the teachers' retirement system combined plan 2 and
plan 3 account, the tobacco prevention and control account, the tobacco
settlement account, the transportation 2003 account (nickel account),
the transportation equipment fund, the transportation fund, the
transportation improvement account, the transportation improvement
board bond retirement account, the transportation infrastructure
account, the transportation partnership account, the traumatic brain
injury account, the tuition recovery trust fund, the University of
Washington bond retirement fund, the University of Washington building
account, the volunteer firefighters' and reserve officers' relief and
pension principal fund, the volunteer firefighters' and reserve
officers' administrative fund, the Washington judicial retirement
system account, the Washington law enforcement officers' and
firefighters' system plan 1 retirement account, the Washington law
enforcement officers' and firefighters' system plan 2 retirement
account, the Washington public safety employees' plan 2 retirement
account, the Washington school employees' retirement system combined
plan 2 and 3 account, the Washington state economic development
commission account, the Washington state health insurance pool account,
the Washington state patrol retirement account, the Washington State
University building account, the Washington State University bond
retirement fund, the water pollution control revolving fund, and the
Western Washington University capital projects account. Earnings
derived from investing balances of the agricultural permanent fund, the
normal school permanent fund, the permanent common school fund, the
scientific permanent fund, and the state university permanent fund
shall be allocated to their respective beneficiary accounts.
(b) Any state agency that has independent authority over accounts
or funds not statutorily required to be held in the state treasury that
deposits funds into a fund or account in the state treasury pursuant to
an agreement with the office of the state treasurer shall receive its
proportionate share of earnings based upon each account's or fund's
average daily balance for the period.
(5) In conformance with Article II, section 37 of the state
Constitution, no treasury accounts or funds shall be allocated earnings
without the specific affirmative directive of this section.
NEW SECTION. Sec. 8 A new section is added to chapter 43.42 RCW
to read as follows:
Within available funds, the office of regulatory assistance may
certify permit processes at the local level as streamlined processes.
In developing the certification program, the director must work with
local jurisdictions to establish the criteria and the process for
certification. Jurisdictions with permit processes certified as
streamlined may receive priority in receipt of state funds for
infrastructure projects.
Sec. 9 RCW 43.155.070 and 2009 c 518 s 16 are each amended to
read as follows:
(1) To qualify for loans or pledges under this chapter the board
must determine that a local government meets all of the following
conditions:
(a) The city or county must be imposing a tax under chapter 82.46
RCW at a rate of at least one-quarter of one percent;
(b) The local government must have developed a capital facility
plan; and
(c) The local government must be using all local revenue sources
which are reasonably available for funding public works, taking into
consideration local employment and economic factors.
(2) Except where necessary to address a public health need or
substantial environmental degradation, a county, city, or town planning
under RCW 36.70A.040 must have adopted a comprehensive plan, including
a capital facilities plan element, and development regulations as
required by RCW 36.70A.040. This subsection does not require any
county, city, or town planning under RCW 36.70A.040 to adopt a
comprehensive plan or development regulations before requesting or
receiving a loan or loan guarantee under this chapter if such request
is made before the expiration of the time periods specified in RCW
36.70A.040. A county, city, or town planning under RCW 36.70A.040
which has not adopted a comprehensive plan and development regulations
within the time periods specified in RCW 36.70A.040 is not prohibited
from receiving a loan or loan guarantee under this chapter if the
comprehensive plan and development regulations are adopted as required
by RCW 36.70A.040 before submitting a request for a loan or loan
guarantee.
(3) In considering awarding loans for public facilities to special
districts requesting funding for a proposed facility located in a
county, city, or town planning under RCW 36.70A.040, the board
((shall)) must consider whether the county, city, or town planning
under RCW 36.70A.040 in whose planning jurisdiction the proposed
facility is located has adopted a comprehensive plan and development
regulations as required by RCW 36.70A.040.
(4) The board ((shall)) must develop a priority process for public
works projects as provided in this section. The intent of the priority
process is to maximize the value of public works projects accomplished
with assistance under this chapter. The board ((shall)) must attempt
to assure a geographical balance in assigning priorities to projects.
The board ((shall)) must consider at least the following factors in
assigning a priority to a project:
(a) Whether the local government receiving assistance has
experienced severe fiscal distress resulting from natural disaster or
emergency public works needs;
(b) Except as otherwise conditioned by RCW 43.155.110, whether the
entity receiving assistance is a Puget Sound partner, as defined in RCW
90.71.010;
(c) Whether the project is referenced in the action agenda
developed by the Puget Sound partnership under RCW 90.71.310;
(d) Whether the project is critical in nature and would affect the
health and safety of a great number of citizens;
(e) Whether the applicant's permitting process has been certified
as streamlined by the office of regulatory assistance;
(f) Whether the applicant has developed and adhered to guidelines
regarding its permitting process for those applying for development
permits consistent with section 1(2), chapter 231, Laws of 2007;
(((f))) (g) The cost of the project compared to the size of the
local government and amount of loan money available;
(((g))) (h) The number of communities served by or funding the
project;
(((h))) (i) Whether the project is located in an area of high
unemployment, compared to the average state unemployment;
(((i))) (j) Whether the project is the acquisition, expansion,
improvement, or renovation by a local government of a public water
system that is in violation of health and safety standards, including
the cost of extending existing service to such a system;
(((j))) (k) Except as otherwise conditioned by RCW 43.155.120, and
effective one calendar year following the development of model
evergreen community management plans and ordinances under RCW
35.105.050, whether the entity receiving assistance has been
recognized, and what gradation of recognition was received, in the
evergreen community recognition program created in RCW 35.105.030;
(((k))) (l) The relative benefit of the project to the community,
considering the present level of economic activity in the community and
the existing local capacity to increase local economic activity in
communities that have low economic growth; and
(((l))) (m) Other criteria that the board considers advisable.
(5) Existing debt or financial obligations of local governments
((shall)) may not be refinanced under this chapter. Each local
government applicant ((shall)) must provide documentation of attempts
to secure additional local or other sources of funding for each public
works project for which financial assistance is sought under this
chapter.
(6) Before November 1st of each even-numbered year, the board
((shall)) must develop and submit to the appropriate fiscal committees
of the senate and house of representatives a description of the loans
made under RCW 43.155.065, 43.155.068, and subsection (9) of this
section during the preceding fiscal year and a prioritized list of
projects which are recommended for funding by the legislature,
including one copy to the staff of each of the committees. The list
((shall)) must include, but not be limited to, a description of each
project and recommended financing, the terms and conditions of the loan
or financial guarantee, the local government jurisdiction and
unemployment rate, demonstration of the jurisdiction's critical need
for the project and documentation of local funds being used to finance
the public works project. The list ((shall)) must also include
measures of fiscal capacity for each jurisdiction recommended for
financial assistance, compared to authorized limits and state averages,
including local government sales taxes; real estate excise taxes;
property taxes; and charges for or taxes on sewerage, water, garbage,
and other utilities.
(7) The board ((shall)) may not sign contracts or otherwise
financially obligate funds from the public works assistance account
before the legislature has appropriated funds for a specific list of
public works projects. The legislature may remove projects from the
list recommended by the board. The legislature ((shall)) may not
change the order of the priorities recommended for funding by the
board.
(8) Subsection (7) of this section does not apply to loans made
under RCW 43.155.065, 43.155.068, and subsection (9) of this section.
(9) Loans made for the purpose of capital facilities plans ((shall
be)) are exempted from subsection (7) of this section.
(10) To qualify for loans or pledges for solid waste or recycling
facilities under this chapter, a city or county must demonstrate that
the solid waste or recycling facility is consistent with and necessary
to implement the comprehensive solid waste management plan adopted by
the city or county under chapter 70.95 RCW.
(11) After January 1, 2010, any project designed to address the
effects of storm water or wastewater on Puget Sound may be funded under
this section only if the project is not in conflict with the action
agenda developed by the Puget Sound partnership under RCW 90.71.310.
Sec. 10 RCW 43.160.060 and 2008 c 327 s 5 are each amended to
read as follows:
(1) The board is authorized to make direct loans to political
subdivisions of the state and to federally recognized Indian tribes for
the purposes of assisting the political subdivisions and federally
recognized Indian tribes in financing the cost of public facilities,
including development of land and improvements for public facilities,
project-specific environmental, capital facilities, land use,
permitting, feasibility, and marketing studies and plans; project
design, site planning, and analysis; project debt and revenue impact
analysis; as well as the construction, rehabilitation, alteration,
expansion, or improvement of the facilities. A grant may also be
authorized for purposes designated in this chapter, but only when, and
to the extent that, a loan is not reasonably possible, given the
limited resources of the political subdivision or the federally
recognized Indian tribe and the finding by the board that financial
circumstances require grant assistance to enable the project to move
forward. However, no more than twenty-five percent of all financial
assistance approved by the board in any biennium may consist of grants
to political subdivisions and federally recognized Indian tribes.
(2) Application for funds ((shall)) must be made in the form and
manner as the board may prescribe. In making grants or loans the board
((shall)) must conform to the following requirements:
(((1))) (a) The board ((shall)) may not provide financial
assistance:
(((a))) (i) For a project the primary purpose of which is to
facilitate or promote a retail shopping development or expansion.
(((b))) (ii) For any project that evidence exists would result in
a development or expansion that would displace existing jobs in any
other community in the state.
(((c))) (iii) For a project the primary purpose of which is to
facilitate or promote gambling.
(((d))) (iv) For a project located outside the jurisdiction of the
applicant political subdivision or federally recognized Indian tribe.
(((2))) (b) The board ((shall)) may only provide financial
assistance:
(((a))) (i) For a project demonstrating convincing evidence that a
specific private development or expansion is ready to occur and will
occur only if the public facility improvement is made that:
(((i))) (A) Results in the creation of significant private sector
jobs or significant private sector capital investment as determined by
the board and is consistent with the state comprehensive economic
development plan developed by the Washington economic development
commission pursuant to chapter 43.162 RCW, once the plan is adopted;
and
(((ii))) (B) Will improve the opportunities for the successful
maintenance, establishment, or expansion of industrial or commercial
plants or will otherwise assist in the creation or retention of long-term economic opportunities;
(((b))) (ii) For a project that cannot meet the requirement of
(((a))) (b)(i) of this subsection but is a project that:
(((i))) (A) Results in the creation of significant private sector
jobs or significant private sector capital investment as determined by
the board and is consistent with the state comprehensive economic
development plan developed by the Washington economic development
commission pursuant to chapter 43.162 RCW, once the plan is adopted;
(((ii))) (B) Is part of a local economic development plan
consistent with applicable state planning requirements;
(((iii))) (C) Can demonstrate project feasibility using standard
economic principles; and
(((iv))) (D) Is located in a rural community as defined by the
board, or a rural county;
(((c))) (iii) For site-specific plans, studies, and analyses that
address environmental impacts, capital facilities, land use,
permitting, feasibility, marketing, project engineering, design, site
planning, and project debt and revenue impacts, as grants not to exceed
fifty thousand dollars.
(((3))) (c) The board ((shall)) must develop guidelines for local
participation and allowable match and activities.
(((4))) (d) An application must demonstrate local match and local
participation, in accordance with guidelines developed by the board.
(((5))) (e) An application must be approved by the political
subdivision and supported by the local associate development
organization or local workforce development council or approved by the
governing body of the federally recognized Indian tribe.
(((6))) (f) The board may allow de minimis general system
improvements to be funded if they are critically linked to the
viability of the project.
(((7))) (g) An application must demonstrate convincing evidence
that the median hourly wage of the private sector jobs created after
the project is completed will exceed the countywide median hourly wage.
(((8))) (h) The board ((shall)) must prioritize each proposed
project according to:
(((a))) (i) The relative benefits provided to the community by the
jobs the project would create, not just the total number of jobs it
would create after the project is completed, but also giving
consideration to the unemployment rate in the area in which the jobs
would be located;
(((b))) (ii) The rate of return of the state's investment,
including, but not limited to, the leveraging of private sector
investment, anticipated job creation and retention, and expected
increases in state and local tax revenues associated with the project;
(((c))) (iii) Whether the proposed project offers a health
insurance plan for employees that includes an option for dependents of
employees;
(((d))) (iv) Whether the public facility investment will increase
existing capacity necessary to accommodate projected population and
employment growth in a manner that supports infill and redevelopment of
existing urban or industrial areas that are served by adequate public
facilities. Projects should maximize the use of existing
infrastructure and provide for adequate funding of necessary
transportation improvements; ((and)) (v) Whether the applicant's permitting process has been
certified as streamlined by the office of regulatory assistance; and
(e)
(vi) Whether the applicant has developed and adhered to guidelines
regarding its permitting process for those applying for development
permits consistent with section 1(2), chapter 231, Laws of 2007.
(((9))) (i) A responsible official of the political subdivision or
the federally recognized Indian tribe ((shall)) must be present during
board deliberations and provide information that the board requests.
(3) Before any financial assistance application is approved, the
political subdivision or the federally recognized Indian tribe seeking
the assistance must demonstrate to the community economic
revitalization board that no other timely source of funding is
available to it at costs reasonably similar to financing available from
the community economic revitalization board."
Correct the title.