BILL REQ. #:  S-3451.2 

Read first time 01/09/12.   Referred to Committee on Economic Development, Trade & Innovation.

     AN ACT Relating to creating the permit efficiency and accountability committee to select priority economic recovery projects for review by multiagency permitting teams; amending RCW 43.42.030, 43.42.070, 43.42.092, 43.42.095, and 43.79A.040; reenacting and amending RCW 43.84.092; adding new sections to chapter 43.42 RCW; creating new sections; and declaring an emergency.

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

NEW SECTION.  Sec. 1   (1) The legislature finds that in 2010, to spur economic development and job creation during an economic and financial crisis, the legislature authorized multiagency permitting teams to coordinate permitting and integrate regulatory decision making for certain targeted public and private projects, at the request of proponents of those projects.
     (2) The legislature declares that in the continuing economic and financial crisis, to help restore Washington's economic vitality a process must be established to select priority economic recovery projects for review by multiagency permitting teams and to monitor the teams' progress in coordinating permitting and integrating regulatory decision making for those projects.
     (3) The legislature therefore creates the permit efficiency and accountability committee to:
     (a) Select priority economic recovery projects;
     (b) Assign the projects to multiagency permitting teams to coordinate permitting and integrate regulatory decision making while maintaining important public health, safety, and environmental standards; and
     (c) Monitor the progress of multiagency permitting teams in completing their tasks.
     (4) In addition, the legislature intends to facilitate cost-reimbursement agreements to enable multiagency permitting teams to complete their tasks.

Sec. 2   RCW 43.42.030 and 2009 c 97 s 3 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Director" means the director of the office of regulatory assistance.
     (2) "Fully coordinated permit process" means a comprehensive coordinated permitting assistance approach supported by a written agreement between the project proponent, the office of regulatory assistance, and the agencies participating in the fully coordinated permit process.
     (3) "General coordination services" means services that bring interested parties together to explore opportunities for cooperation and to resolve conflicts. General coordination services may be provided as a stand-alone event or as an element of broader project assistance, nonproject-related interagency coordination, or policy and planning teamwork.
     (4) "Multiagency permitting team" means representatives of permit agencies authorized to coordinate permitting and integrate regulatory decision making for a project, as provided in RCW 43.42.092.
     (5) "Office" means the office of regulatory assistance established in RCW 43.42.010.
     (((5))) (6) "Permit" means any permit, license, certificate, use authorization, or other form of governmental review or approval required in order to construct, expand, or operate a project in the state of Washington.
     (((6))) (7) "Permit agency" means any state, local, or federal agency authorized by law to issue permits.
     (((7))) (8)(a) "Priority economic recovery project" means a project that is:
     (i) Supported by a locally impacted community or communities; and
     (ii) Creates a substantial number of new jobs or may be necessary to retain a substantial number of existing jobs.
     (b) "Priority economic recovery project" does not include siting or construction of residential dwelling units.
     (9) "Project" means any activity, the conduct of which requires a permit or permits from one or more permit agencies. "Project" may include a priority economic recovery project.
     (((8))) (10) "Project proponent" means a citizen, business, or any entity applying for or seeking a permit or permits in the state of Washington.
     (((9))) (11) "Project scoping" means the identification of relevant issues and information needs of a project proponent and the permitting agencies, and reaching a common understanding regarding the process, timing, and sequencing for obtaining applicable permits.

NEW SECTION.  Sec. 3   A new section is added to chapter 43.42 RCW to read as follows:
     (1) The permit efficiency and accountability committee is created, consisting of nine voting members and up to ten nonvoting members. The office must convene the committee and facilitate committee meetings.
     (2) Voting members of the committee must include:
     (a) Two members from the senate representing each of the two largest caucuses, designated by the chairs of each caucus;
     (b) Two members from the house of representatives representing each of the two largest caucuses, designated by the chairs of each caucus;
     (c) One member representing the department of ecology, designated by the director of that agency;
     (d) One member representing the department of fish and wildlife, designated by the director of that agency;
     (e) One member representing the department of natural resources, designated by the commissioner of public lands;
     (f) One member representing the association of Washington cities, designated by that organization; and
     (g) One member representing the Washington state association of counties, designated by that organization.
     (3) Nonvoting members of the committee shall include:
     (a) One member representing the associated general contractors of Washington, designated by that organization;
     (b) One member representing the association of Washington business, designated by that organization; and
     (c) One member representing statewide environmental organizations.
     (4) The committee may include the following nonvoting members, who must be invited to participate:
     (a) One member representing the Northwest Indian fisheries commission, designated by that organization;
     (b) One member representing the Columbia river intertribal fish commission, designated by that organization;
     (c) One member representing the upper Columbia united tribes, designated by that organization;
     (d) One member representing the United States environmental protection agency;
     (e) One member representing the national oceanic and atmospheric administration;
     (f) One member representing the United States army corps of engineers; and
     (g) One member representing the United States fish and wildlife service.
     (5) Voting members of the committee must elect one of the four legislators on the committee as the chair of the committee. The committee may meet on a regular basis once every two months. The committee may also meet at other times determined by the chair, who must give reasonable prior notice to the members.
     (6) Members of the committee are not compensated, but must receive reimbursement for travel expenses in accordance with RCW 43.03.050 and 43.03.060.

NEW SECTION.  Sec. 4   A new section is added to chapter 43.42 RCW to read as follows:
     (1) The committee may:
     (a) Select, by resolution approved by two-thirds of the voting members of the committee, priority economic recovery projects, as provided in subsection (2) of this section;
     (b) Assign the selected priority economic recovery projects to multiagency permitting teams to coordinate permitting and integrate regulatory decision making, as provided in RCW 43.42.092; and
     (c) Require quarterly reports from multiagency permitting teams regarding assigned priority economic recovery projects, including information regarding project work plans, progress, and any permitting and regulatory decision making issues that may have arisen.
     (2) The committee may select up to two priority economic recovery projects prior to July 31, 2012, and subsequently select additional priority economic recovery projects, based upon the resources of project proponents and permit agencies.
     (3) Multiagency permitting teams assigned to provide coordinated permitting and integrated regulatory decision making for priority economic recovery projects must:
     (a) Use the most efficient and effective methods available; and
     (b) Adapt their structure and operations to reflect varying permit applications, approvals, and processes that may be required.
     (4) The committee may require that a project proponent agree to reimburse the office and permit agencies participating in multiagency permitting teams their reasonable costs, pursuant to RCW 43.42.070.
     (5) The committee must submit, consistent with RCW 43.01.036, annual reports to the legislature by December 1st, commencing in 2012.

Sec. 5   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 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.))
     (3) For fully coordinated permit processes and priority economic recovery projects selected pursuant to section 4 of this act, 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:
     (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)) 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.
     (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 submittal of invoices to the project proponent. The project proponent has thirty days to request additional information or challenge an invoice for advance payment. A decision on such a challenge must be made by the director of the office of financial management and is binding on the parties.
     (d) Upon request, the office must verify that 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. 6   RCW 43.42.092 and 2010 c 162 s 3 are each amended to read as follows:
     (1)(a) The office of regulatory assistance is authorized to develop and advertise the availability of optional multiagency permitting teams to provide coordinated permitting and integrated regulatory decision making starting in the Puget Sound basin.
     (b) New expenses associated with operating the optional multiagency permitting teams must be recovered by the office of regulatory assistance using existing state cost-reimbursement and interagency cost-sharing authorities as applicable. The cost-reimbursement process is subject to the requirements and limitations set forth in RCW 43.42.070. ((Initial)) Staffing, consultant, technology, and other administrative costs and other costs that may ((not be recoverable through cost-reimbursement or cost-sharing mechanisms)) arise may be covered by funds from the multiagency permitting team account created in RCW 43.42.095.
     (c) The director of the office of regulatory assistance must solicit donations and such other funds as the director deems appropriate from public and private sources ((for the purposes of covering)) to cover the initial administrative costs and other costs associated with operation of optional multiagency permitting teams ((which)) that are not recoverable through cost-reimbursement agreements or cost-sharing mechanisms. All such solicited funds must be placed in the multiagency permitting team account created in RCW 43.42.095.
     (2) Optional multiagency permitting teams must be:
     (a) Mobile, capable of traveling or working together as teams, initially throughout the Puget Sound basin;
     (b) Located initially in central Puget Sound;
     (c) Staffed by appropriate senior-level permitting and regulatory decision-making personnel representing the Washington state departments of ecology, fish and wildlife, and natural resources and having expertise in regulatory issues relating to the project; and
     (d) Managed by the office of regulatory assistance through a team leader responsible for:
     (i) Managing or monitoring team activities to ensure the cost-reimbursement schedule and agreement is followed;
     (ii) Developing and maintaining partnerships and working relationships with local, state, tribal, and federal organizations not core to the optional multiagency permitting teams that can be called upon to join the team on a project-by-project basis;
     (iii) Developing, defining, and providing a set of coordinated permitting and integrated decision-making services consistent with those set forth in subsection (3) of this section;
     (iv) Developing and executing funding agreements with applicants, project proponents, regulatory agencies, and others as necessary to ensure the financial viability of the optional multiagency permitting teams;
     (v) Measuring and regularly reporting on team performance, results and outcomes achieved, including improved: Permitting predictability, interagency early project coordination, interagency accessibility, interagency relationships, project delivery, and environmental results, including the avoidance or prevention of environmental harm and the effectiveness of mitigation;
     (vi) Conducting outreach, marketing, and advertising of team services and team availability, focusing initially on projects such as large-scale public, private, and port development projects with complex aquatics, wetland, or other environmental impacts; environmental cleanup, restoration, and enhancement projects; aquaculture projects; and energy, power generation, and utility projects;
     (vii) Implementing issue and dispute resolution protocols;
     (viii) Incorporating and using virtual tools for online collaboration to support permitting and regulatory coordination and expedited decision making; and
     (ix) Extending and subsequently implementing the optional multiagency permitting team approach to other significant geographic regions of the state.
     (3) The optional multiagency permitting teams must at a minimum work with the office of regulatory assistance to provide the following core services:
     (a) Project scoping, as set forth in RCW 43.42.050 (1) through (4), to help applicants identify applicable permits and regulatory approvals;
     (b) A preapplication coordination service, which may be combined with project scoping, to help applicants understand applicable requirements and plan out with the assistance of the regulatory agencies an optimally sequenced permitting and regulatory decision-making strategy and approach for the overall project;
     (c) Fully coordinated project review as set forth in RCW 43.42.060 to set schedules and agreed-upon time frames for the applicant and regulatory decision makers consistent with statutory requirements and with regard to available agency resources and to track, monitor, and report progress made in meeting those schedules and time frames;
     (d) Mitigation coordination to help applicants and regulatory agencies collaborate on and implement mitigation obligations within a watershed context so superior environmental results can be achieved when impacts cannot be avoided or further minimized.
     (4) Local and federal permitting and regulatory personnel should be incorporated into the optional multiagency permitting teams whenever possible and at least on a project-by-project basis. Moneys recouped through state cost-reimbursement and interagency cost-sharing authorities, or as otherwise solicited for deposit into the multiagency permitting team account created in RCW 43.42.095, may also be used to cover local and federal participation.
     (5) The optional multiagency permitting teams will provide services for complex projects requiring multiple permits and regulatory approvals and having multiple points of regulatory jurisdiction. The optional multiagency permitting teams are not intended to support state transportation projects capable of being serviced by multiagency permitting teams specifically established for state transportation projects. Use of the optional multiagency permitting teams for a fully coordinated permit process must be allowed unless the office of regulatory assistance notifies a project proponent in writing of other means of effective and efficient project review that are available and are recommended.

Sec. 7   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 custody of the state ((treasury)) treasurer. All receipts from cost-reimbursement agreements authorized in RCW 43.42.070 and section 4 of this act and 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)) staffing, consultant, technology, and other 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)) 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. 8   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. 9   RCW 43.84.092 and 2011 1st sp.s. c 16 s 6, 2011 1st sp.s. c 7 § 22, 2011 c 369 § 6, 2011 c 339 § 1, 2011 c 311 § 9, 2011 c 272 § 3, 2011 c 120 § 3, and 2011 c 83 § 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. 10   This act may be known and cited as the economic recovery through permitting efficiency act.

NEW SECTION.  Sec. 11   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION.  Sec. 12   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.