BILL REQ. #:  S-0491.2 

Read first time 01/19/11.   Referred to Committee on Natural Resources & Marine Waters.

     AN ACT Relating to providing certain state agencies the authority to improve the permitting process; adding a new section to chapter 43.21A RCW; adding a new section to chapter 43.30 RCW; adding a new section to chapter 77.12 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 resources. The legislature recognizes the importance of the permitting process to protect the environment of Washington.
     (2) The legislature further finds that permit streamlining measures, such as issuing general permits that allow for minor modifications or general permits that apply to a geographic region or a set of applicants or pamphlets that operate as permits, will benefit the applicant and the state agencies and provide for the protection of the environment.
     (3) The legislature further finds that the department of ecology, the department of fish and wildlife, and the department of natural resources and the applicant may realize staffing and fiscal efficiencies by using these permit streamlining measures.

NEW SECTION.  Sec. 2   (1)(a) A permitting work group is established to prepare a coordinated, multiagency strategy for permitting within the department of ecology, the department of fish and wildlife, and the department of natural resources, with members as provided in this subsection:
     (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 shall 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.
     (4) The expenses of the permitting work group shall be paid jointly by the senate and the house of representatives. Permitting work group expenditures are subject to approval by the senate facilities and operations committee and the house executive rules committee, or their successor committees.
     (5) The permitting work group must meet at least twice in 2011 and at least four times in 2012.
     (6) 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.
     (7)(a) By December 1, 2011, the permitting work group shall submit an interim coordinated, multiagency permitting strategy and initial recommendations to the governor and appropriate committees of the legislature. The interim report must include:
     (i) A set of strategic recommendations with performance targets, including implementation steps and responsible parties for carrying them out so that the department of ecology, the department of fish and wildlife, and the department of natural resources can implement a permitting process that complies with the requirements of sections 3 through 5 of this act;
     (ii) Information about what steps the department of ecology, the department of fish and wildlife, and the department of natural resources have already implemented in order to comply with the requirements of sections 3 through 5 of this act;
     (iii) Information about the percentage of each agency's workload that is being met in each category of permit described in sections 3 through 5 of this act; and
     (iv) Any recommendations for legislative action.
     (b) By December 1, 2012, the permitting work group shall complete and submit its final coordinated, multiagency permitting strategy and recommendations to the governor and appropriate committees of the legislature. The final report must include:
     (i) Information about what steps the department of ecology, the department of fish and wildlife, and the department of natural resources have implemented in order to comply with the requirements of sections 3 through 5 of this act;
     (ii) Information about the percentage of each agency's workload that is being met in each category of permit described in sections 3 through 5 of this act; and
     (iii) Any recommendations for legislative action.
     (8) This section expires December 31, 2012.

NEW SECTION.  Sec. 3   A new section is added to chapter 43.21A RCW to read as follows:
     (1) By December 31, 2012, the department shall establish a tiered permitting system separately covering new construction and maintenance and using the following four categories:
     (a) An individual permit;
     (b) A general permit that allows for minor modifications without requiring the applicant to submit a new application, including but not limited to minor modifications of design specifications, minor modifications of mitigation options, or minor modifications of requirements contained in the permit that can be modified without reducing environmental protections;
     (c) A general permit that has criteria of statewide or regional applicability as established by the department; and
     (d) A pamphlet that serves as the permit for any project that is conducted solely for certain activities and that is conducted as described in the pamphlet.
     (2) The department must establish these categories such that at least fifty percent of the permitting work done by the department be within the permits categories described in subsection (1)(b) through (d) of this section.

NEW SECTION.  Sec. 4   A new section is added to chapter 43.30 RCW to read as follows:
     (1) By December 31, 2012, the department shall establish a tiered permitting system separately covering new construction and maintenance and using the following four categories:
     (a) An individual permit;
     (b) A general permit that allows for minor modifications without requiring the applicant to submit a new application, including but not limited to minor modifications of design specifications, minor modifications of mitigation options, or minor modifications of requirements contained in the permit that can be modified without reducing environmental protections;
     (c) A general that has criteria of statewide or regional applicability as established by the department; and
     (d) A pamphlet that serves as the permit for any project that is conducted solely for certain activities and that is conducted as described in the pamphlet.
     (2) The department must establish these categories such that at least fifty percent of the permitting work done by the department be within the permits categories described in subsection (1)(b) through (d) of this section.

NEW SECTION.  Sec. 5   A new section is added to chapter 77.12 RCW to read as follows:
     (1) By December 31, 2012, the department shall establish a tiered permitting system separately covering new construction and maintenance and using the following four categories:
     (a) An individual permit;
     (b) A general permit that allows for minor modifications without requiring the applicant to submit a new application, including but not limited to minor modifications of design specifications, minor modifications of mitigation options, or minor modifications of requirements contained in the permit that can be modified without reducing environmental protections;
     (c) A general permit that has criteria of statewide or regional applicability as established by the department; and
     (d) A pamphlet that serves as the permit for any project that is conducted solely for certain activities and that is conducted as described in the pamphlet.
     (2) The department must establish these categories such that at least fifty percent of the permitting work done by the department be within the permits categories described in subsection (1)(b) through (d) of this section.