BILL REQ. #:  S-1417.1 



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SUBSTITUTE SENATE BILL 5266
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State of Washington62nd Legislature2011 Regular Session

By Senate Natural Resources & Marine Waters (originally sponsored by Senator Swecker)

READ FIRST TIME 02/17/11.   



     AN ACT Relating to facilitating improvement of the state's permitting processes; adding a new section to chapter 43.21A RCW; adding a new section to chapter 77.55 RCW; adding a new section to chapter 43.30 RCW; creating new sections; and providing an expiration date.

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

NEW SECTION.  Sec. 1   (1) The legislature finds that the department of ecology, the department of fish and wildlife, and the department of natural resources issue thousands of permits each year at a substantial commitment of government time and resources. The legislature recognizes the importance of the permitting process to protect the environment of Washington.
     (2) The legislature further finds that many permit applicants and potential permit applicants find the current permitting system complex, and may have to expend significant resources to adequately navigate the process.
     (3) The legislature further finds that by making examples of quality permit applications and issued permits readily available, the department of ecology, the department of fish and wildlife, and the department of natural resources could: Simplify the permit application process for applicants and potential applicants; help permit applicants and potential permit applicants complete permit applications in a more efficient and effective manner; and help the departments process permit applications in a more efficient and effective manner by improving the quality of the applications received.

NEW SECTION.  Sec. 2   A new section is added to chapter 43.21A RCW to read as follows:
     (1) By December 31, 2011, the department must make examples of complete, high quality permit applications and the resulting issued permits readily available to the public on its internet site, as well as the internet site of the office of regulatory assistance established in RCW 43.42.010.
     (2) The department must maximize assistance to the public and interested parties by seeking to make readily available examples from project types that generate significant permitting activity or frequent questions. These examples may include, but are not limited to, complete, high quality permit applications and the resulting issued permits for permits utilizing a joint aquatic resources permit application form, construction storm water general permits, and state environmental policy act environmental checklists.
     (3) The department must regularly review and update the examples required to be made available on the internet under subsection (2) of this section.
     (4) The department must obtain the written permission of a permit applicant or permittee before making publicly available that applicant or permittee's application or permit and must work cooperatively with the permit applicant or permittee to ensure that no personal or propriety information is made available.

NEW SECTION.  Sec. 3   A new section is added to chapter 77.55 RCW to read as follows:
     (1) By December 31, 2011, the department must make examples of complete, high quality permit applications and the resulting issued permits readily available to the public on its internet site, as well as the internet site of the office of regulatory assistance established in RCW 43.42.010.
     (2) The department must maximize assistance to the public and interested parties by seeking to make readily available examples from project types that generate significant permitting activity or frequent questions. These examples may include, but are not limited to, complete, high quality permit applications and the resulting issued permits for hydraulic project approvals or other permits utilizing a joint aquatic resources permit application form.
     (3) The department must regularly review and update the examples required to be made available on the internet under subsection (2) of this section.
     (4) The department must obtain the written permission of a permit applicant or permittee before making publicly available that applicant or permittee's application or permit and must work cooperatively with the permit applicant or permittee to ensure that no personal or propriety information is made available.

NEW SECTION.  Sec. 4   A new section is added to chapter 43.30 RCW to read as follows:
     (1) By December 31, 2011, the department must make examples of complete, high quality permit applications and the resulting issued permits readily available to the public on its internet site, as well as the internet site of the office of regulatory assistance established in RCW 43.42.010.
     (2) The department must maximize assistance to the public and interested parties by seeking to make readily available examples from project types that generate significant permitting activity or frequent questions. These examples may include, but are not limited to, complete, high quality permit applications and the resulting issued permits for forest practices permits and aquatic use authorizations.
     (3) The department must regularly review and update the examples required to be made available on the internet under subsection (2) of this section.
     (4) The department must obtain the written permission of a permit applicant or permittee before making publicly available that applicant or permittee's application or permit and must work cooperatively with the permit applicant or permittee to ensure that no personal or propriety information is made available.

NEW SECTION.  Sec. 5   (1)(a) A permitting work group is established to monitor and provide policy guidance to the department of ecology, department of fish and wildlife, and department of natural resources as the departments implement sections 2 through 4 of this act. The work group may also explore the potential for development of other resources or processes that could promote a more efficient and effective permit process. The work group consists of:
     (i) One member from each of the two largest caucuses of the senate, appointed by the president of the senate;
     (ii) One member from each of the two largest caucuses of the house of representatives, appointed by the speaker of the house of representatives;
     (iii) The director of the department of ecology or the director's designee;
     (iv) The director of the department of fish and wildlife or the director's designee;
     (v) The commissioner of public lands or the commissioner's designee; and
     (vi) The director of the office of regulatory assistance or the director's designee.
     (b) The permitting work group shall choose bipartisan cochairs from among its legislative membership. The legislators shall convene the initial meeting of the permitting work group.
     (2) The permitting work group shall use legislative facilities and staff support must be provided by senate committee services and the house of representatives office of program research.
     (3) Legislative members of the permitting work group shall be reimbursed for travel expenses in accordance with RCW 44.04.120. Legislative expenses of the permitting work group shall be paid jointly by the senate and the house of representatives, and such expenses are subject to approval by the senate facilities and operations committee and the house executive rules committee, or their successor committees.      (4) The department of ecology, the department of fish and wildlife, and the department of natural resources must work cooperatively with the permitting work group and provide relevant information in response to requests from the permitting work group.
     (5) The permitting work group must meet at least twice in 2011 and at least four times in 2012.
     (6) By December 1, 2012, the permitting work group shall submit a summary of the implementation of sections 2 through 4 of this act, its work, and any recommendations to the appropriate committees of the legislature.
     (7) This section expires December 31, 2012.

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