BILL REQ. #:  S-3681.4 

Read first time 01/20/12.   Referred to Committee on Energy, Natural Resources & Marine Waters.

     AN ACT Relating to modifying programs that provide for the protection of the state's natural resources; amending RCW 77.55.021, 77.15.300, 77.55.151, 77.55.231, 76.09.040, 76.09.050, 76.09.150, 76.09.065, 76.09.460, 76.09.470, 76.09.030, 43.21C.170, 43.21C.110, 43.21C.229, 43.21C.031, 36.70A.280, 43.21C.010, 43.21C.030, 43.21C.033, 43.21C.036, 43.21C.0382, 43.21C.0383, 43.21C.0384, 43.21C.060, 43.21C.120, 43.21C.130, 43.21C.135, 43.21C.240, and 43.21C.300; reenacting and amending RCW 77.55.011, 76.09.060, and 76.09.020; adding new sections to chapter 77.55 RCW; adding a new section to chapter 76.09 RCW; adding a new section to chapter 43.30 RCW; adding new sections to chapter 43.21C RCW; adding a new section to chapter 36.70B RCW; creating new sections; decodifying RCW 43.21C.910, 43.21C.911, 43.21C.912, 43.21C.913, and 43.21C.914; repealing RCW 77.55.291, 36.70B.110, 43.21C.175, 43.21C.160, and 43.21C.040; prescribing penalties; providing contingent effective dates; and providing expiration dates.

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

NEW SECTION.  Sec. 1   The legislature finds that significant opportunities exist to modify programs that provide for management and protection of the state's natural resources, including the state's forests, fish, and wildlife, in order to streamline regulatory processes and achieve program efficiencies while at the same time increasing the sustainability of program funding and maintaining current levels of natural resource protection. The legislature intends to update provisions relating to natural resource management and regulatory programs including the hydraulic project approval program, forest practices act, and state environmental policy act, in order to achieve these opportunities.

Sec. 101   RCW 77.55.011 and 2010 c 210 s 26 are each reenacted and amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Bed" means the land below the ordinary high water lines of state waters. This definition does not include irrigation ditches, canals, storm water runoff devices, or other artificial watercourses except where they exist in a natural watercourse that has been altered artificially.
     (2) "Board" means the pollution control hearings board created in chapter 43.21B RCW.
     (3) "Commission" means the state fish and wildlife commission.
     (4) "Date of receipt" has the same meaning as defined in RCW 43.21B.001.
     (5) "Department" means the department of fish and wildlife.
     (6) "Director" means the director of the department of fish and wildlife.
     (7) "Emergency" means an immediate threat to life, the public, property, or of environmental degradation.
     (8) "Hydraulic project" means the construction or performance of work that will use, divert, obstruct, or change the natural flow or bed of any of the salt or freshwaters of the state.
     (9) "Imminent danger" means a threat by weather, water flow, or other natural conditions that is likely to occur within sixty days of a request for a permit application.
     (10) "Marina" means a public or private facility providing boat moorage space, fuel, or commercial services. Commercial services include but are not limited to overnight or live-aboard boating accommodations.
     (11) "Marine terminal" means a public or private commercial wharf located in the navigable water of the state and used, or intended to be used, as a port or facility for the storing, handling, transferring, or transporting of goods to and from vessels.
     (12) "Ordinary high water line" means the mark on the shores of all water that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in ordinary years as to mark upon the soil or vegetation a character distinct from the abutting upland. Provided, that in any area where the ordinary high water line cannot be found, the ordinary high water line adjoining saltwater is the line of mean higher high water and the ordinary high water line adjoining freshwater is the elevation of the mean annual flood.
     (13) "Permit" means a hydraulic project approval ((permit)) issued under this chapter.
     (14) "Sandbars" includes, but is not limited to, sand, gravel, rock, silt, and sediments.
     (15) "Small scale prospecting and mining" means the use of only the following methods: Pans; nonmotorized sluice boxes; concentrators; and minirocker boxes for the discovery and recovery of minerals.
     (16) "Spartina," "purple loosestrife," and "aquatic noxious weeds" have the same meanings as defined in RCW 17.26.020.
     (17) (("Streambank stabilization" means those projects that prevent or limit erosion, slippage, and mass wasting. These projects include, but are not limited to, bank resloping, log and debris relocation or removal, planting of woody vegetation, bank protection using rock or woody material or placement of jetties or groins, gravel removal, or erosion control.
     (18))) "Tide gate" means a one-way check valve that prevents the backflow of tidal water.
     (((19))) (18) "Waters of the state" and "state waters" means all salt and freshwaters waterward of the ordinary high water line and within the territorial boundary of the state.
     (19) "Emergency permit" means a verbal hydraulic project approval or the written follow-up to the verbal approval issued to a person under RCW 77.55.021(12).
     (20) "Expedited permit" means a hydraulic project approval issued to a person under RCW 77.55.021 (14) and (16).
     (21) "General permit" means a hydraulic project approval issued to a person under RCW 77.55.021 for multiple hydraulic projects that: (a) Involve repair or maintenance activities; and (b) occur over a defined geographic area, but for which specific project sites have not been designated.
     (22) "Multiple site permit" means a hydraulic project approval issued to a person under RCW 77.55.021 for hydraulic projects occurring at more than one specific location and which includes site-specific requirements.
     (23) "Permit modification" means a hydraulic project approval issued to a person under RCW 77.55.021 that extends, renews, or changes the conditions of a previously issued hydraulic project approval.
     (24) "Pamphlet hydraulic project" means a hydraulic project for the removal or control of aquatic noxious weeds conducted under the aquatic plants and fish pamphlet authorized by RCW 77.55.081, or for mineral prospecting and mining conducted under the gold and fish pamphlet authorized by RCW 77.55.091.
     (25) "One hundred year floodplain" means those areas subject to a base (one hundred year) flood and designated as special flood hazard areas on the most recent maps provided by the federal emergency management agency for the national flood insurance program. Best available information must be used if these maps are not available or sufficient as determined by the federal emergency management agency.
     (26)(a) "Shoreline or streambank protection project" means the physical armoring of any surface that is adjacent to waters of the state using materials including concrete, rock, large woody material, or the use of other man-made materials for the purposes of preventing or limiting erosion.
     (b) "Shoreline or streambank protection project" does not include the use of live native vegetation unless that vegetation is required as mitigation for impacts to fish life.
     (27) "Forest practices hydraulic project" means a hydraulic project that requires a forest practices application under chapter 76.09 RCW.
     (28) "Adjacent" means within: (a) Fifty horizontal feet of the ordinary high water line for marine shorelines, freshwater lakes, and freshwater rivers or streams within a moderately confined channel; and (b) two hundred horizontal feet of the ordinary high water line for rivers or streams within unconfined channels.
     (29) "Unconfined channel" means larger rivers or streams that can experience abrupt shifts in channel location, creating a complex floodplain characterized by gravel bars, disturbance of vegetation of variable age, two or more side channels, wall-based channels, oxbow lakes, or wetland complexes.
     (30) "Moderately confined channel" means streams that consist of single channels with low to moderate sinuosity. These channels are typically located within a narrow valley with a marginal floodplain or narrow terrace development.
     (31)(a) "Repair or maintenance" means the care and upkeep of existing structures and conditions that have the potential to impact the natural bed or flow of any waters of the state.
     (b) "Repair or maintenance" does not include routine, repetitive maintenance activities that do not have the potential to impact the natural flow or bed of any waters of the state.
     (32)(a) "Stream channelization" means the excavation or trenching of soils or gravel adjacent to the ordinary high water line that may use, obstruct, or divert stream flow from freshwaters of the state.
     (b) "Stream channelization" does not include roadside ditches that do not convey waters of the state or temporary excavation and trenching that will not intercept or capture waters of the state prior to the site being restored to its condition prior to the project.
     (33) "Outfall" means a structure designed or used for the purpose of discharging water or other fluids from a storm water, sewer, or irrigation conveyance system into waters of the state.

Sec. 102   RCW 77.55.021 and 2010 c 210 s 27 are each amended to read as follows:
     (1)(a) Except as provided in RCW 77.55.031, 77.55.041, and 77.55.051((,)) and ((77.55.041)) section 201 of this act, ((in the event that any)) a person ((or government agency desires to undertake a hydraulic project, the person or government agency)) shall((, before commencing work thereon,)):
     (i) Secure the approval of the department in the form of a permit as to the adequacy of the means proposed for the protection of fish life before conducting a hydraulic project at or below the ordinary high water line, including those components of the project located above the ordinary high water line that are physically connected to those at or below the ordinary high water line that will use, divert, obstruct, or change the natural flow or bed of any of the salt or freshwaters of the state; and
     (ii) Submit a written application to the department as provided in this section before conducting a hydraulic project above the ordinary high water line that involves one of the following project types:
     (A) A new dike or levee within the one hundred year floodplain;
     (B) Repair or maintenance of an existing bridge, dike, or levee adjacent to the ordinary high water line;
     (C) A new or replacement bridge that crosses waters of the state;
     (D) A shoreline or streambank protection project adjacent to the ordinary high water line;
     (E) An outfall that discharges to waters of the state;
     (F) Mineral prospecting not covered under the gold and fish pamphlet authorized by RCW 77.55.091 adjacent to the ordinary high water line; or
     (G) Stream channelization adjacent to the ordinary high water line.
     (b)(i) Upon receipt of an application under (a)(ii) of this subsection, the director shall determine whether the proposed hydraulic project requires a permit. A permit is required if the proposed hydraulic project: (A) Involves the construction or performance of work that will use, divert, obstruct, or change the natural flow or bed of any of the salt or freshwaters of the state; and (B) creates a reasonable likelihood of impacts to fish life. In making this determination, the director may consider factors including, but not limited to, project size, scope, planned time frame and duration, and proximity to waters of the state.
     (ii) If the director determines that a proposed hydraulic project creates a reasonable likelihood of impacts to fish life, the department shall review and process the application as provided in this section. If the director determines that a proposed hydraulic project does not create a reasonable likelihood of impacts to fish life, no permit is required and the department shall refund all fees as provided in section 103(13) of this act.
     (iii) The director may not delegate the authority to make the determinations required under this subsection (1)(b) to department personnel, except for temporary circumstances in which the director is not able or available to do so.
     (2) Except for pamphlet hydraulic projects, a complete written application for a permit ((may)) must be submitted ((in person or by registered mail)) to the department and must contain the following:
     (a) ((General plans for the overall project;
     (b))) Complete plans and specifications ((of the proposed construction or work within the mean higher high water line in saltwater or within the ordinary high water line in freshwater)) for the hydraulic project;
     (((c) Complete plans and specifications)) (b) Proposed measures for the proper protection of fish life; ((and
     (d))) (c) Notice of compliance with any applicable requirements of the state environmental policy act, unless otherwise provided for in this chapter; and
     (d) Payment of all applicable application submittal and permit processing fees charged by the department under section 103 of this act.
     (3) The department may establish direct billing accounts or other funds transfer methods with permit applicants to satisfy the fee payment requirements of section 103 of this act.
     (4) The department may accept complete, written applications as provided in this section for multiple site permits and general permits and may issue these permits. For multiple site permits, each specific location must be identified.
     (5) With the exception of emergency permits as provided in subsection (12) of this section, applications for permits must be submitted to the department's headquarters office in Olympia. Requests for emergency permits as provided in subsection (12) of this section may be made to the permitting biologist assigned to the location in which the emergency occurs, to the department's regional office in which the emergency occurs, or to the department's headquarters office.
     (6) Except as provided for emergency permits in subsection (12) of this section, the department may not proceed with permit review until all fees are paid in full as required in section 103 of this act.
     (((3))) (7)(a) Protection of fish life is the only ground upon which approval of a permit may be denied or conditioned. Approval of a permit may not be unreasonably withheld or unreasonably conditioned.
     (b) Except as provided in this subsection and subsections (((8), (10), and)) (12) through (14) and (16) of this section, the department has forty-five calendar days upon receipt of a complete application to grant or deny approval of a permit. The forty-five day requirement is suspended if:
     (i) After ten working days of receipt of the application, the applicant remains unavailable or unable to arrange for a timely field evaluation of the proposed project;
     (ii) The site is physically inaccessible for inspection;
     (iii) The applicant requests a delay; or
     (iv) The department is issuing a permit for a storm water discharge and is complying with the requirements of RCW 77.55.161(3)(b).
     (((b))) (c) Immediately upon determination that the forty-five day period is suspended under (b) of this subsection, the department shall notify the applicant in writing of the reasons for the delay.
     (((c))) (d) The period of forty-five calendar days may be extended if the permit is part of a multiagency permit streamlining effort and all participating permitting agencies and the permit applicant agree to an extended timeline longer than forty-five calendar days.
     (e) The department has sixty calendar days upon receipt of a complete application submitted under subsection (1)(a)(ii) of this section to grant or deny approval of a permit.
     (((4))) (8) If the department denies approval of a permit, the department shall provide the applicant a written statement of the specific reasons why and how the proposed project would adversely affect fish life.
     (a) Except as provided in (b) of this subsection, issuance, denial, conditioning, or modification of a permit shall be appealable to the board within thirty days from the date of receipt of the decision as provided in RCW 43.21B.230.
     (b) Issuance, denial, conditioning, or modification of a permit may be informally appealed to the department within thirty days from the date of receipt of the decision. Requests for informal appeals must be filed in the form and manner prescribed by the department by rule. A permit decision that has been informally appealed to the department is appealable to the board within thirty days from the date of receipt of the department's decision on the informal appeal.
     (((5))) (9)(a) ((The permittee must demonstrate substantial progress on construction of that portion of the project relating to the permit within two years of the date of issuance.
     (b))) Approval of a permit is valid for ((a period of)) up to five years from the date of issuance, except as provided in (((c))) (b) of this subsection and in RCW 77.55.151.
     (((c))) (b) A permit remains in effect without need for periodic renewal for hydraulic projects that divert water for agricultural irrigation or stock watering purposes and that involve seasonal construction or other work. A permit for streambank stabilization projects to protect farm and agricultural land as defined in RCW 84.34.020 remains in effect without need for periodic renewal if the problem causing the need for the streambank stabilization occurs on an annual or more frequent basis. The permittee must notify the appropriate agency before commencing the construction or other work within the area covered by the permit.
     (((6))) (10) The department may, after consultation with the permittee, modify a permit due to changed conditions. The modification is appealable as provided in subsection (((4))) (8) of this section. For a hydraulic project((s)) that diverts water for agricultural irrigation or stock watering purposes, ((or)) when the hydraulic project or other work is associated with streambank stabilization to protect farm and agricultural land as defined in RCW 84.34.020, the burden is on the department to show that changed conditions warrant the modification in order to protect fish life.
     (((7))) (11) A permittee may request modification of a permit due to changed conditions. The request must be processed within forty-five calendar days of receipt of the written request and payment of applicable fees under section 103 of this act. A decision by the department is appealable as provided in subsection (((4))) (8) of this section. For a hydraulic project((s)) that diverts water for agricultural irrigation or stock watering purposes, ((or)) when the hydraulic project or other work is associated with streambank stabilization to protect farm and agricultural land as defined in RCW 84.34.020, the burden is on the permittee to show that changed conditions warrant the requested modification and that such a modification will not impair fish life.
     (((8))) (12)(a) The department, the county legislative authority, or the governor may declare and continue an emergency. If the county legislative authority declares an emergency under this subsection, it shall immediately notify the department. A declared state of emergency by the governor under RCW 43.06.010 shall constitute a declaration under this subsection.
     (b) The department, through its authorized representatives, shall issue immediately, upon request, ((oral)) verbal approval for a stream crossing, or work to remove any obstructions, repair existing structures, restore streambanks, protect fish life, or protect property threatened by the stream or a change in the stream flow without the necessity of obtaining a written permit prior to commencing work. Conditions of the emergency ((oral)) verbal permit must be ((established by the department and)) reduced to writing within thirty days and complied with as provided for in this chapter.
     (c) The department may not require the provisions of the state environmental policy act, chapter 43.21C RCW, to be met as a condition of issuing a permit under this subsection.
     (d) The department may not charge a person requesting an emergency permit any of the fees authorized by section 103 of this act until after the emergency permit is issued and reduced to writing.
     (((9))) (13) All state and local agencies with authority under this chapter to issue permits or other authorizations in connection with emergency water withdrawals and facilities authorized under RCW 43.83B.410 shall expedite the processing of such permits or authorizations in keeping with the emergency nature of such requests and shall provide a decision to the applicant within fifteen calendar days of the date of application.
     (((10))) (14) The department or the county legislative authority may determine an imminent danger exists. The county legislative authority shall notify the department, in writing, if it determines that an imminent danger exists. In cases of imminent danger, the department shall issue an expedited written permit, upon request, for work to remove any obstructions, repair existing structures, restore banks, protect fish resources, or protect property. Expedited permit requests require a complete written application as provided in subsection (2) of this section and must be issued within fifteen calendar days of the receipt of a complete written application. Approval of an expedited permit is valid for up to sixty days from the date of issuance. The department may not require the provisions of the state environmental policy act, chapter 43.21C RCW, to be met as a condition of issuing a permit under this subsection.
     (((11))) (15)(a) For any property, except for property located on a marine shoreline, that has experienced at least two consecutive years of flooding or erosion that has damaged or has threatened to damage a major structure, water supply system, septic system, or access to any road or highway, the county legislative authority may determine that a chronic danger exists. The county legislative authority shall notify the department, in writing, when it determines that a chronic danger exists. In cases of chronic danger, the department shall issue a permit, upon request, for work necessary to abate the chronic danger by removing any obstructions, repairing existing structures, restoring banks, restoring road or highway access, protecting fish resources, or protecting property. Permit requests must be made and processed in accordance with subsections (2) and (((3))) (7) of this section.
     (b) Any projects proposed to address a chronic danger identified under (a) of this subsection that satisfies the project description identified in RCW 77.55.181(1)(a)(ii) are not subject to the provisions of the state environmental policy act, chapter 43.21C RCW. However, the project is subject to the review process established in RCW 77.55.181(3) as if it were a fish habitat improvement project.
     (((12))) (16) The department may issue an expedited written permit in those instances where normal permit processing would result in significant hardship for the applicant or unacceptable damage to the environment. Expedited permit requests require a complete written application as provided in subsection (2) of this section and must be issued within fifteen calendar days of the receipt of a complete written application. Approval of an expedited permit is valid for up to sixty days from the date of issuance. The department may not require the provisions of the state environmental policy act, chapter 43.21C RCW, to be met as a condition of issuing a permit under this subsection.

NEW SECTION.  Sec. 103   A new section is added to chapter 77.55 RCW to read as follows:
     (1) Except as otherwise provided in this section, the department shall charge a submittal fee and a processing fee, established by the department consistent with this section, for all hydraulic project permits issued under RCW 77.55.021, to recover a portion of the costs for processing and issuing decisions on permit notifications and applications, administering fee collections, and compliance and effectiveness monitoring and enforcement of projects requiring a permit.
     (2) When assessing fees for permits under this section, the department must categorize the following hydraulic projects as low complexity:
     (a) Anchoring or mooring buoys and navigation aids;
     (b) Water crossing structures in nonfish bearing waters (maintenance or repair);
     (c) Bridge repair or maintenance above the ordinary high water line (cleaning, painting, or redecking);
     (d) Conduit crossing using boring;
     (e) Boat ramps or launches within the existing footprint (maintenance, repair, or replacement);
     (f) Temporary or permanent stream gauges or scientific instruments;
     (g) Boom (installation or maintenance);
     (h) Existing overwater structure within the existing footprint, not including marinas or marine terminals (maintenance or repair);
     (i) Beaver dam work;
     (j) Riparian habitat (maintenance or repair);
     (k) Existing outfall (maintenance or repair);
     (l) Aquaculture (maintenance or repair);
     (m) Habitat freshwater beach creation (maintenance or repair);
     (n) Shoreline armoring or bank protection (maintenance or repair);
     (o) Breeding substrate (maintenance or repair);
     (p) Large woody material (maintenance or repair);
     (q) Wetland and estuarine habitat work (maintenance or repair);
     (r) Dredging of less than fifty cubic yards (maintenance or repair);
     (s) Boat lifts or railway launches (maintenance or repair);
     (t) Existing pilings (maintenance or repair);
     (u) Pump water diversions and fish screens (maintenance or repair);
     (v) Gravity water diversions and fish screens (maintenance or repair);
     (w) Tidegates (maintenance or repair); and
     (x) Temporary water crossing structures installed and removed within one season in fish-bearing waters.
     (3) When assessing fees for permits under this section, the department must categorize the following hydraulic projects as medium complexity:
     (a) Water crossing structures in fish-bearing waters (maintenance or repair);
     (b) Aquaculture;
     (c) Habitat freshwater beach creation (new, replacement, or removal);
     (d) Shoreline armoring or bank protection of less than one hundred feet in length (new, replacement, or removal);
     (e) Jetties, dikes, or levees (maintenance or repair);
     (f) Breeding substrate (new, replacement, or removal);
     (g) Large woody material (removal, placement, or repositioning);
     (h) Off channel, side channel, or in channel enhancement or restoration work (maintenance or repair);
     (i) Riparian habitat work (new, replacement, or removal);
     (j) Bed modification excluding enhancement (maintenance or repair);
     (k) Channel realignment in fish-bearing waters (maintenance or repair);
     (l) Conduit and cable work using trenching (new, replacement, or removal);
     (m) Dredging of less than fifty cubic yards (new);
     (n) Fish passage barrier removal with replacement or retrofit using methods such as baffles or log controls for passage through or over a structure;
     (o) Fish passage not associated with a water crossing structure such as to bypass a natural barrier or a dam;
     (p) Boat lifts and railway launches (new, replacement, and removal);
     (q) Boat ramps or launches outside of the footprint of any existing (new, replacement, or removal);
     (r) Work on pilings (new, replacement, or removal);
     (s) Pump water diversions or fish screens (new, replacement, or removal);
     (t) Gravity water diversions or fish screens (new, replacement, or removal);
     (u) Outfalls (new, replacement, or removal);
     (v) Tidegates (new, replacement, or removal);
     (w) Mechanical aquatic plant control that is not a pamphlet hydraulic project;
     (x) Overwater structure outside of the footprint of any existing structure, not including marinas or marine terminals (new or replacement);
     (y) Marinas or marine terminals (maintenance or repair);
     (z) Dams not under jurisdiction of the federal energy regulatory commission (maintenance or repair);
     (aa) New water crossing structures in nonfish-bearing waters (new, replacement, or removal); and
     (bb) Temporary water crossing structures present for multiple seasons in fish-bearing waters.     
     (4) When assessing fees for permits under this section, the department must categorize the following hydraulic projects as high complexity:
     (a) Water crossing structures in fish-bearing waters (new, replacement, removal, or modification);
     (b) Shoreline armoring or bank protection of greater than one hundred feet in length (new, replacement, or removal);
     (c) Jetties, dikes, or levees (new, replacement, or removal);
     (d) Off channel, side channel, or in channel enhancement or restoration work (new, replacement, or removal);
     (e) Wetland or estuarine habitat work (new, replacement, or removal);
     (f) Bed modification excluding enhancement (new, replacement, or removal);
     (g) Channel realignment in fish-bearing waters (new, replacement, or removal);
     (h) Dredging of more than fifty cubic yards (new, replacement, removal, or maintenance);
     (i) Fish passage barrier removal with replacement or retrofit using methods such as baffles or log controls for passage through or over a structure (new, replacement, or removal);
     (j) Fish passage not associated with a water crossing structure such as to bypass a natural barrier or a dam (new, replacement, or removal);
     (k) Marinas or marine terminals (new, replacement, or removal);
     (l) Dams not under jurisdiction of the federal energy regulatory commission (new, replacement, or removal);
     (m) New project types not identified as low or medium complexity; and
     (n) Perpetual agriculture hydraulic projects.
     (5) If the department receives applications for project types not identified in subsections (2) through (4) of this section, it shall categorize them as low, medium, or high complexity and charge fees based on those categories consistent with the most similar project types identified in subsections (2) through (4) of this section.
     (6)(a) The department shall charge the following submittal fees:
     (i) Fifty dollars for single site low complexity hydraulic project permits and multiple site low complexity hydraulic project permits;
     (ii) Seventy-five dollars for single site medium complexity hydraulic project permits and multiple site medium complexity hydraulic project permits; and
     (iii) One hundred twenty-five dollars for single site high complexity hydraulic project permits, multiple site high complexity hydraulic project permits, and general permits.
     (b) The department may not charge a submittal fee for permit modifications.
     (7) Unless the department establishes a lower fee consistent with this section, a hydraulic project permit application must be assessed one of the following processing fees:
     (a) Seventy-five dollars for a single site low complexity hydraulic project;
     (b) One hundred seventy-five dollars for a single site medium complexity hydraulic project;
     (c) Five hundred seventy-five dollars for a single site high complexity hydraulic project;
     (d) For a multiple site permit, the applicable permit processing fee assessed under this subsection for one of the hydraulic project sites identified in the permit application, and twenty percent of the applicable permit processing fee assessed under this subsection for each additional site; and
     (e) Four thousand eight hundred seventy-five dollars for a general permit authorizing up to three types of hydraulic projects, and twenty percent of the applicable permit processing fee assessed under this subsection for each additional type of hydraulic project.
     (8) In cases where hydraulic projects include work that falls into more than one of the permit categories outlined in this section, the fee charged must be based on the most complex component of the project.
     (9) Unless the department establishes a lower fee consistent with this section, all permit modifications must be assessed a seventy-five dollar processing fee, except for those modified under RCW 77.55.021(10).
     (10) The following hydraulic projects are exempt from all fees listed under this section:
     (a) Approved fish habitat enhancement projects authorized under RCW 77.55.181;
     (b) Hydraulic projects approved under applicant-funded contracts with the department that pay for the costs of processing those projects;
     (c) Projects approved under the cost-sharing program for fish passage barriers authorized under RCW 76.13.150;
     (d) If sections 201 through 203 of this act are enacted into law by June 30, 2012, forest practices hydraulic projects;
     (e) Pamphlet hydraulic projects; and
     (f) Mineral prospecting and mining activities.
     (11) The fees assessed in this section must be based on the scale and complexity of the project and the relative effort required for department staff to review the application, conduct site visits, and consult with applicants as necessary. As such, at its discretion, the department may reduce the fees charged to a person under this section when the work required by the department to receive and process that person's application or modify a permit is substantially less than typically required. Decisions made by the department under this subsection are not subject to appeal under RCW 77.55.021(8).
     (12) The department shall refund fifty percent of the permit processing fee to any person that properly applies for any permit or permit modification under RCW 77.55.021 if the department:
     (a) Fails to process the application or request within the timelines required by RCW 77.55.021; or
     (b) Denies the permit because the proposed project would adversely affect fish life.
     (13) The department shall refund one hundred percent of all fees if:
     (a) No permit is required for the proposed work; or
     (b) The hydraulic project is exempted from substantial development permit requirements under RCW 90.58.147 and the project proponent provides to the department a copy of the letter documenting exemption approval by the local government.
     (14) On September 30th of each year, the department shall calculate adjusted fees by the rate of inflation. The adjusted fees must be calculated to the nearest dollar using the consumer price index for the twelve months prior to each September 1st as calculated by the United States department of labor. Each adjusted fee calculated under this section takes effect on the following January 1st.
     (15) All fees collected under this section must be deposited in the hydraulic project approval account created in section 106 of this act.

NEW SECTION.  Sec. 104   A new section is added to chapter 77.55 RCW to read as follows:
     To ensure that all hydraulic project approvals provide for the protection of fish life, by January 1, 2013, the department shall develop and implement a program to monitor the effectiveness of the approvals it grants under this chapter. For the purposes of this chapter, effectiveness monitoring must evaluate if project standards are adequate to protect overall fish life. If the department identifies approvals that do not meet standards and provide for protection of fish life, the department shall use adaptive management principles to ensure protection under this chapter.

NEW SECTION.  Sec. 105   (1) By December 31, 2014, the department of fish and wildlife shall provide a report to the legislature that includes: (a) A summary of the impact of fee collection under this act on the department of fish and wildlife's hydraulic project approval permit program; and (b) recommendations to improve the department of fish and wildlife's permit streamlining efforts and permit fee schedule, which the department must develop in consultation with affected stakeholders.
     (2) The department of fish and wildlife must submit the report to the legislature consistent with RCW 43.01.036.
     (3) This section expires July 31, 2015.

NEW SECTION.  Sec. 106   A new section is added to chapter 77.55 RCW to read as follows:
     (1) The hydraulic project approval account is created in the state treasury. All receipts from submittal fees and permit processing fees for hydraulic project approval applications collected under section 103 of this act must be deposited into the account.
     (2) Except for unanticipated receipts under RCW 43.79.260 through 43.79.282, moneys in the hydraulic project approval account may be spent only after appropriation.
     (3) Expenditures from the hydraulic project approval account may be used only to fund department activities relating to processing and issuing hydraulic project approval decisions, compliance and effectiveness monitoring, enforcement activities related to this chapter, conducting informal appeals or participating in administrative or judicial appeals of hydraulic project approval decisions, providing technical assistance by biologists and environmental engineers on project design and implementation that provides for the protection of fish life, and for the associated management and administrative costs incurred to implement and operate the hydraulic project approval program.

Sec. 107   RCW 77.15.300 and 2000 c 107 s 239 are each amended to read as follows:
     (1) A person is guilty of unlawfully undertaking hydraulic project activities if the person ((constructs any form of hydraulic project or performs other work on a hydraulic project and:
     (a) Fails to have a hydraulic project approval required under chapter 77.55 RCW for such construction or work; or
     (b) Violates any requirements or conditions of the hydraulic project approval for such construction or work.
     (2) Unlawfully undertaking hydraulic project activities is a gross misdemeanor)):
     (a) Constructs any form of hydraulic project or performs other work on a hydraulic project that requires a hydraulic project approval under chapter 77.55 RCW and fails to have a hydraulic project approval for the construction or work;
     (b) Violates any requirements or conditions of the hydraulic project approval for the construction or other activities;
     (c) Violates any compliance order issued under section 108 of this act; or
     (d) Violates any department rule that identifies the conditions under which a hydraulic project is approved.
     (2) Violation of a compliance order under section 108 of this act must be punished as a separate offense from the underlying hydraulic code violation.
     (3) Unlawfully undertaking hydraulic project activities is a gross misdemeanor.
     (4) Notwithstanding the provisions of subsection (3) of this section, the commission may by rule identify certain acts that violate the hydraulic code as being of minimal impact to fish life, and may classify these acts, on an individual basis, as infractions, punishable under RCW 77.15.160 and chapter 7.84 RCW.
     (5) On and after the effective date of section 202 of this act, nothing in this section applies to a forest practices hydraulic project included in an approved forest practices application or to any activities that are associated with such a project.

NEW SECTION.  Sec. 108   A new section is added to chapter 77.55 RCW to read as follows:
     (1)(a) The director may issue a compliance notice or order to a person who:
     (i) Constructs any form of hydraulic project or performs other work on a hydraulic project that requires a hydraulic project approval under this chapter and fails to have a hydraulic project approval for the construction or work;
     (ii) Violates any requirements or conditions of the hydraulic project approval for the construction or other activities; or
     (iii) Violates any department rule that identifies the conditions under which a hydraulic project is approved.
     (b) A compliance notice may be issued to inform a person of a potential violation and recommend actions to prevent, correct, or mitigate for adverse impacts to fish life. A notice to comply must:
     (i) Be served upon the person and any known agents and applicants;
     (ii) Specify the nature, extent, date, and time of the potential violation; and
     (iii) Specify any recommended actions to prevent, correct, or mitigate for adverse impacts to fish life.
     (c) A compliance order must specify measures or actions necessary to prevent, correct, or mitigate for adverse impacts to fish life. A compliance order is effective immediately and remains in effect until withdrawn by the director or until the board orders otherwise. A compliance order must:
     (i) Be served upon the person and any known agents;
     (ii) Specify the nature, extent, date, and time of the violation;
     (iii) Include specific measures or actions necessary to prevent, correct, or mitigate for adverse impacts to fish life;
     (iv) Specify any necessary action before work may resume; and
     (v) Specify the right of the person to an appeal.
     (d) Within thirty days from the date of receipt of a compliance order issued under this section, a person may file a written request appealing the notice or order to the board.
     (e) A compliance order may be informally appealed to the department within thirty days from the date of receipt of the decision. Requests for informal appeals must be filed in the form and manner prescribed by the department by rule. A compliance order that has been informally appealed to the department is appealable to the board within thirty days from the date of receipt of the department's decision on the informal appeal.
     (2)(a) Consistent with the penalty schedule described in this subsection, the director may levy civil penalties of up to:
     (i) Two thousand five hundred dollars for a violation of this chapter or rules adopted under this chapter relating to a hydraulic project categorized or that would be categorized as a low complexity hydraulic project under section 103 of this act;
     (ii) Five thousand dollars for a violation of this chapter or rules adopted under this chapter relating to a hydraulic project categorized or that would be categorized as a medium complexity hydraulic project under section 103 of this act; and
     (iii) Ten thousand dollars for a violation of this chapter or rules adopted under this chapter relating to a hydraulic project categorized or that would be categorized as a high complexity hydraulic project under section 103 of this act.
     (b) Each and every violation of this chapter or rules adopted under this chapter is a separate and distinct civil offense.
     (c) The penalty provided must be imposed by notice in writing by the director describing the violation. The civil penalty notice must specify the:
     (i) Basis for the penalty and the amount levied; and
     (ii) Right of the person to an appeal.
     (d) Within thirty days from the date of receipt of a civil penalty order issued under this section, a person may file a written request appealing the order to the board.
     (e) Issuance of a civil penalty may be informally appealed to the department within thirty days from the date of receipt of the penalty. Requests for informal appeal must be filed in the form and manner prescribed by the department by rule. A civil penalty that has been informally appealed to the department is appealable to the board within thirty days from the date of receipt of the department's decision on the informal appeal.
     (f) The penalty imposed becomes due and payable thirty days after receipt of a notice imposing the penalty unless an appeal is filed. Whenever an appeal of any penalty incurred under this chapter is filed, the penalty becomes due and payable only upon completion of all administrative and judicial review proceedings and the issuance of a final decision confirming the penalty in whole or in part. When the penalty becomes past due, it is also subject to interest at the rate allowed by RCW 43.17.240 for debts owed to the state.
     (g) If the amount of any penalty is not paid within thirty days after it becomes due and payable, the attorney general, upon the request of the director, shall bring an action in the name of the state of Washington in the superior court of Thurston county or of any county in which the violator may do business, to recover the penalty. In all such actions, the procedure and rules of evidence are the same as an ordinary civil action. The department is also entitled to recover reasonable attorneys' fees and costs incurred in connection with the penalty.
     (h) The director shall establish by rule a penalty schedule. The schedule must be developed in consideration of the following:
     (i) Previous violation history;
     (ii) Severity of the impact on fish and fish habitat;
     (iii) Whether the violation of this chapter or its rules was intentional;
     (iv) Cooperation with the department;
     (v) Reparability of the adverse effect from the violation; and
     (vi) The extent to which a penalty to be imposed on a person for a violation committed by another should be reduced if the person was unaware of the violation and has not received a substantial economic benefit from the violation.
     (3) When receiving or recovering a penalty under this section, the department may deposit an amount not to exceed its costs incurred in connection with processing and recovering the penalty into the hydraulic project approval account created in section 106 of this act. The department shall deposit the remainder of the penalty recovered into the general fund.
     (4) The director may apply for an administrative inspection warrant in either Thurston county superior court or the superior court in the county where the project is located. The court may issue an administrative inspection warrant where:
     (a) Department personnel need to inspect the project site to ensure that a person:
     (i) Possesses a hydraulic project approval required under this chapter for the construction of any form of hydraulic project or performance of other work on a hydraulic project;
     (ii) Complies with any requirements or conditions of the hydraulic project approval for the construction or other activities;
     (iii) Complies with any compliance order issued under subsection (1) of this section; or
     (iv) Complies with any department rule that identifies the conditions under which a hydraulic project is approved; or
     (b) Department personnel have reasonable cause to believe that a person:
     (i) Is constructing or has constructed any form of hydraulic project or performs other work on a hydraulic project and fails to have a hydraulic project approval required under this chapter for the construction or work;
     (ii) Is violating or has violated any requirements or conditions of the hydraulic project approval for the construction or other activities;
     (iii) Is violating or has violated any compliance order issued under subsection (1) of this section; or
     (iv) Is violating or has violated any department rule that identifies the conditions under which a hydraulic project is approved.
     (5) The director may not delegate the authority to issue a compliance order or levy a civil penalty under this section to department personnel, except for temporary circumstances in which the director is not able or available to do so.
     (6) On and after the effective date of section 202 of this act, nothing in this section applies to a forest practices hydraulic project included in an approved forest practices application or to any activities that are associated with such a project.

NEW SECTION.  Sec. 109   A new section is added to chapter 77.55 RCW to read as follows:
     The department shall make available to the public on its internet site statistics on: (1) Civil enforcement actions taken and penalties issued under section 108 of this act; and (2) criminal enforcement actions taken under RCW 77.15.300. The statistics must include the number of civil and criminal enforcement actions taken in each county. The department must update the statistics at least twice a year.

Sec. 110   RCW 77.55.151 and 2005 c 146 s 502 are each amended to read as follows:
     (1) ((For a marina or marine terminal in existence on June 6, 1996, or a marina or marine terminal that has received a permit for its initial construction, a renewable, five-year permit shall be issued, upon request, for regular maintenance activities of the marina or marine terminal.
     (2) Upon construction of a new marina or marine terminal that has received a permit, a renewable, five-year permit shall be issued, upon request, for regular maintenance activities of the marina or marine terminal.
     (3) For the purposes of this section, regular maintenance activities are only those activities necessary to restore the marina or marine terminal to the conditions approved in the initial permit. These activities may include, but are not limited to, dredging, piling replacement, and float replacement.
     (4))) Upon application under RCW 77.55.021, the department shall issue a renewable, five-year general permit to a marina or marine terminal for its regular maintenance activities identified in the application.
     (2) For the purposes of this section, regular maintenance activities may include, but are not limited to:
     (a) Maintenance, repair, or replacement of a boat ramp, launch, or float within the existing footprint;
     (b) Maintenance or repair of an existing overwater structure within the existing footprint;
     (c) Maintenance or repair of boat lifts or railway launches;
     (d) New, maintenance, or removal of pilings;
     (e) Dredging of less than fifty cubic yards;
     (f) Maintenance or repair of shoreline armoring or bank protection;
     (g) Maintenance or repair of wetland, riparian, or estuarine habitat; and
     (h) Maintenance or repair of an existing outfall.
     (3) The five-year permit must include a requirement that a fourteen-day notice be given to the department before regular maintenance activities begin.
     (4) A permit under this section is subject to the fee for a general permit provided in section 103 of this act.

NEW SECTION.  Sec. 111   A new section is added to chapter 77.55 RCW to read as follows:
     (1) By December 31, 2012, the department must make examples of complete, high quality applications and the resulting issued hydraulic project approvals 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. The department must maximize assistance to the public and interested parties by seeking to make readily available examples from hydraulic projects that generate significant permitting activity or frequent questions.
     (2) The department must regularly review and update the examples required to be made available on the internet under subsection (1) of this section.
     (3) 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 under this section and must work cooperatively with the permit applicant or permittee to ensure that no personal or proprietary information is made available.

Sec. 112   RCW 77.55.231 and 2005 c 146 s 601 are each amended to read as follows:
     (1) Conditions imposed upon a permit must be reasonably related to the project. The permit conditions must ensure that the project provides proper protection for fish life, but the department may not impose conditions that attempt to optimize conditions for fish life that are out of proportion to the impact of the proposed project.
     (2) The permit must contain provisions allowing for minor modifications to the plans and specifications without requiring reissuance of the permit.
     (3) The permit must contain provisions that allow for minor modifications to the required work timing without requiring the reissuance of the permit. Minor modifications to the required work timing means a minor deviation from the timing window set forth in the permit when there are no spawning or incubating fish present within the vicinity of the project.

NEW SECTION.  Sec. 113   A new section is added to chapter 77.55 RCW to read as follows:
     The department shall prepare and distribute technical and educational information to the general public to assist the public in complying with the requirements of this chapter, including the changes resulting from this act.

NEW SECTION.  Sec. 114   A new section is added to chapter 77.55 RCW to read as follows:
     This chapter may be known and cited as the hydraulic code.

NEW SECTION.  Sec. 115   The fee provisions contained in section 103 of this act are prospective only. The department of fish and wildlife may not charge fees for hydraulic project permits issued under Title 77 RCW prior to the effective date of this section. However, if a person requests modification of a hydraulic project permit that was issued by the department of fish and wildlife prior to the effective date of this section, the department of fish and wildlife shall charge all applicable fees as provided in section 103 of this act.

NEW SECTION.  Sec. 116   A new section is added to chapter 77.55 RCW to read as follows:
     The department shall develop a system to provide local governments, affected tribes, and other interested parties with access to hydraulic project approval applications, including applications for a general permit.

NEW SECTION.  Sec. 117   (1) In consultation with affected stakeholders, the office of regulatory assistance established under RCW 43.42.010 shall: (a) Review relevant state, federal, and local government natural resources and environmental regulatory programs to determine if those programs have the authority to provide adequate fish protection measures for hydraulic projects conducted above the ordinary high water line; (b) review those same programs to determine if they are currently providing adequate fish protection measures for projects above the ordinary high water line; and (c) identify opportunities to synchronize permit application and approval timelines to streamline permit processes that apply to hydraulic projects.
     (2) The office of regulatory assistance shall provide its findings and any recommendations to the legislature, the governor, and the department of fish and wildlife by September 1, 2013.
     (3) This section expires December 31, 2013.

NEW SECTION.  Sec. 118   The director of fish and wildlife shall develop rules for the development and issuance of general permits under RCW 77.55.021. The department of fish and wildlife must convene a forum, including local governments, state agencies, tribal governments, and other stakeholders to assist in the development of criteria that will serve as a guide for development and issuance of such permits.

NEW SECTION.  Sec. 119   A new section is added to chapter 77.55 RCW to read as follows:
     An applicant may enter into a cost-reimbursement agreement with the department under RCW 43.300.080 for the purpose of preapplication project coordination. The department must convene a meeting with the applicant and invite other regulatory agencies to attend. The department shall facilitate discussions between the applicant and regulatory agencies on regulatory requirements and methods to improve the proposed project to allow prompt review and approval upon the submittal of a complete application.

NEW SECTION.  Sec. 120   The director of fish and wildlife shall adopt rules to implement section 103 of this act. The department of fish and wildlife may not impose fees under section 103 of this act for repair or maintenance activities associated with a single site permit until the director of fish and wildlife adopts rules to implement that section.

NEW SECTION.  Sec. 121   The director of fish and wildlife shall adopt rules required or deemed necessary to implement section 108 of this act. Sections 108 and 124 of this act take effect six months from the date the director of the department of fish and wildlife adopts rules to implement that section. The department of fish and wildlife must provide written notice of the effective date of sections 108 and 124 of this act to affected parties, the chief clerk of the house of representatives, the secretary of the senate, the office of the code reviser, and others as deemed appropriate by the department.

NEW SECTION.  Sec. 122   The director of fish and wildlife shall adopt any rules required or deemed necessary to implement sections 101 through 121 of this act.

NEW SECTION.  Sec. 123   RCW 77.55.291 (Civil penalty) and 2010 c 210 s 31, 2005 c 146 s 701, 2000 c 107 s 19, 1993 sp.s. c 2 s 35, 1988 c 36 s 35, & 1986 c 173 s 6 are each repealed.

NEW SECTION.  Sec. 201   A new section is added to chapter 77.55 RCW to read as follows:
     (1) The requirements of this chapter do not apply to any forest practices hydraulic project, or to any activities that are associated with such a project, upon incorporation of fish protection standards adopted under this chapter into the forest practices rules and approval of technical guidance as required under RCW 76.09.040, at which time these projects are regulated under chapter 76.09 RCW.
     (2) The department must continue to conduct regulatory and enforcement activities under this chapter for forest practices hydraulic projects until the forest practices board incorporates fish protection standards adopted under this chapter into the forest practices rules and approves technical guidance as required under RCW 76.09.040.
     (3) By July 1, 2013, the department shall adopt rules establishing the form and procedures for the concurrence review process consistent with section 202 of this act. The concurrence review process must allow the department up to thirty days to review forest practices hydraulic projects meeting the criteria under section 202(2) (a) and (b) of this act for consistency with fish protection standards.
     (4) The department shall notify the department of natural resources prior to beginning a rule-making process that may affect activities regulated under chapter 76.09 RCW.
     (5) The department shall act consistent with appendix M of the forest and fish report, as the term "forests and fish report" is defined in RCW 76.09.020, when modifying fish protection rules that may affect activities regulated under chapter 76.09 RCW.
     (6) The department may review and provide comments on any forest practices application. Prior to commenting and whenever reasonably practicable, the department shall communicate with the applicant regarding the substance of the project.
     (7) The department shall participate in effectiveness monitoring for forest practices hydraulic projects through its role in the review processes provided under WAC 222-08-160 as it existed on the effective date of this section.

NEW SECTION.  Sec. 202   A new section is added to chapter 76.09 RCW to read as follows:
     (1) The department may request information and technical assistance from the department of fish and wildlife regarding any forest practices hydraulic project regulated under this chapter.
     (2) A concurrence review process is established for certain forest practices hydraulic projects, as follow:
     (a) Prior to submitting an application to the department under RCW 76.09.050 that includes a forest practices hydraulic project involving one or more water crossing structures meeting the criteria of (b) of this subsection, the applicant shall submit water crossing structure plans and specifications to the department of fish and wildlife for concurrence review consistent with section 201(3) of this act.
     (b) The concurrence review process applies only to:
     (i) Culvert installation or replacement, and repair at or below the bankfull width, as that term is defined in WAC 222-16-010 on the effective date of this section, in fish bearing rivers or streams that exceed five percent gradient;
     (ii) Bridge construction or replacement, and repair at or below the bankfull width, of fish bearing unconfined streams; or
     (iii) Fill within the flood level - 100 year, as that term is defined in WAC 222-16-010, as it existed on the effective date of this section, of fish bearing unconfined streams.
     (c) When submitting an application to the department under RCW 76.09.050, the applicant shall attach the following to the application:
     (i) The concurrence review form issued by the department of fish and wildlife; and
     (ii) Plans and specifications for each water crossing structure subject to concurrence review.

Sec. 203   RCW 76.09.040 and 2010 c 188 s 4 are each amended to read as follows:
     (1)(a) Where necessary to accomplish the purposes and policies stated in RCW 76.09.010, and to implement the provisions of this chapter, the board shall adopt forest practices rules pursuant to chapter 34.05 RCW and in accordance with the procedures enumerated in this section that:
     (i) Establish minimum standards for forest practices;
     (ii) Provide procedures for the voluntary development of resource management plans which may be adopted as an alternative to the minimum standards in (a)(i) of this subsection if the plan is consistent with the purposes and policies stated in RCW 76.09.010 and the plan meets or exceeds the objectives of the minimum standards;
     (iii) Set forth necessary administrative provisions;
     (iv) Establish procedures for the collection and administration of forest practice fees as set forth by this chapter; and
     (v) Allow for the development of watershed analyses.
     (b) Forest practices rules pertaining to water quality protection shall be adopted by the board after reaching agreement with the director of the department of ecology or the director's designee on the board with respect ((thereto)) to these rules. All other forest practices rules shall be adopted by the board.
     (c) Forest practices rules shall be administered and enforced by either the department or the local governmental entity as provided in this chapter. Such rules shall be adopted and administered so as to give consideration to all purposes and policies set forth in RCW 76.09.010.
     (2)(a) The board shall prepare proposed forest practices rules consistent with this section and chapter 34.05 RCW. In addition to any forest practices rules relating to water quality protection proposed by the board, the department of ecology may submit to the board proposed forest practices rules relating to water quality protection.
     (b)(i) ((Prior to initiating the rule-making process, the proposed rules shall be submitted for review and comments to the department of fish and wildlife and to the counties of the state. After receipt of the proposed forest practices rules, the department of fish and wildlife and the counties of the state shall have thirty days in which to review and submit comments to the board, and to the department of ecology with respect to its proposed rules relating to water quality protection.
     (ii) After the expiration of the thirty day period,)) The board ((and the department of ecology)) shall ((jointly)) hold one or more hearings on the proposed rules pursuant to chapter 34.05 RCW. Any county representative may propose specific forest practices rules relating to problems existing within the county at the hearings.
     (((iii))) (ii) The board may adopt and the department of ecology may approve such proposals if they find the proposals are consistent with the purposes and policies of this chapter.
     (3)(a) The board shall incorporate into the forest practices rules those fish protection standards in the rules adopted under chapter 77.55 RCW, as the rules existed on the effective date of this section, that are applicable to activities regulated under the forest practices rules. If fish protection standards are incorporated by reference, the board shall minimize administrative processes by utilizing the exception from the administrative procedures controlling significant legislative rules under RCW 34.05.328(5)(b)(iii) for the incorporation of rules adopted by other state agencies.
     (b) Thereafter, the board shall incorporate into the forest practices rules any changes to those fish protection standards in the rules adopted under chapter 77.55 RCW that are: (i) Adopted consistent with section 201 of this act; and (ii) applicable to activities regulated under the forest practices rules. If fish protection standards are incorporated by reference, the board shall minimize administrative processes by utilizing the exception from the administrative procedures controlling significant legislative rules under RCW 34.05.328(5)(b)(iii) for the incorporation of rules adopted by other state agencies.
     (c) The board shall establish and maintain technical guidance in the forest practices board manual, as provided under WAC 222-12-090 as it existed on the effective date of this section, to assist with implementation of the standards incorporated into the forest practices rules under this section. The guidance must include best management practices and standard techniques to ensure fish protection.
     (d) The board must complete the requirements of (a) of this subsection and establish initial technical guidance under (c) of this subsection by July 1, 2013.
     (4)(a) The board shall establish by rule a program for the acquisition of riparian open space and critical habitat for threatened or endangered species as designated by the board. Acquisition must be a conservation easement. Lands eligible for acquisition are forest lands within unconfined channel migration zones or forest lands containing critical habitat for threatened or endangered species as designated by the board. Once acquired, these lands may be held and managed by the department, transferred to another state agency, transferred to an appropriate local government agency, or transferred to a private nonprofit nature conservancy corporation, as defined in RCW 64.04.130, in fee or transfer of management obligation. The board shall adopt rules governing the acquisition by the state or donation to the state of such interest in lands including the right of refusal if the lands are subject to unacceptable liabilities. The rules shall include definitions of qualifying lands, priorities for acquisition, and provide for the opportunity to transfer such lands with limited warranties and with a description of boundaries that does not require full surveys where the cost of securing the surveys would be unreasonable in relation to the value of the lands conveyed. The rules shall provide for the management of the lands for ecological protection or fisheries enhancement. For the purposes of conservation easements entered into under this section, the following apply:
     (i) For conveyances of a conservation easement in which the landowner conveys an interest in the trees only, the compensation must include the timber value component, as determined by the cruised volume of any timber located within the channel migration zone or critical habitat for threatened or endangered species as designated by the board, multiplied by the appropriate quality code stumpage value for timber of the same species shown on the appropriate table used for timber harvest excise tax purposes under RCW 84.33.091;
     (ii) For conveyances of a conservation easement in which the landowner conveys interests in both land and trees, the compensation must include the timber value component in (a)(i) of this subsection plus such portion of the land value component as determined just and equitable by the department. The land value component must be the acreage of qualifying channel migration zone or critical habitat for threatened or endangered species as determined by the board, to be conveyed, multiplied by the average per acre value of all commercial forest land in western Washington or the average for eastern Washington, whichever average is applicable to the qualifying lands. The department must determine the western and eastern Washington averages based on the land value tables established by RCW 84.33.140 and revised annually by the department of revenue.
     (b) Subject to appropriations sufficient to cover the cost of such an acquisition program and the related costs of administering the program, the department must establish a conservation easement in land that an owner tenders for purchase; provided that such lands have been taxed as forest lands and are located within an unconfined channel migration zone or contain critical habitat for threatened or endangered species as designated by the board. Lands acquired under this section shall become riparian or habitat open space. These acquisitions shall not be deemed to trigger the compensating tax of chapters 84.33 and 84.34 RCW.
     (c) Instead of offering to sell interests in qualifying lands, owners may elect to donate the interests to the state.
     (d) Any acquired interest in qualifying lands by the state under this section shall be managed as riparian open space or critical habitat.

NEW SECTION.  Sec. 204   A new section is added to chapter 77.55 RCW to read as follows:
     (1) The department and the department of natural resources shall enter into and maintain a memorandum of agreement between the two agencies that describes how to implement integration of hydraulic project approvals into forest practices applications consistent with this act.
     (2) The initial memorandum of agreement between the two departments must be executed by December 31, 2012. The memorandum of agreement may be amended as agreed to by the two departments.

Sec. 205   RCW 76.09.050 and 2011 c 207 s 1 are each amended to read as follows:
     (1) The board shall establish by rule which forest practices shall be included within each of the following classes:
     Class I: Minimal or specific forest practices that have no direct potential for damaging a public resource and that may be conducted without submitting an application or a notification except that when the regulating authority is transferred to a local governmental entity, those Class I forest practices that involve timber harvesting or road construction within "urban growth areas," designated pursuant to chapter 36.70A RCW, are processed as Class IV forest practices, but are not subject to environmental review under chapter 43.21C RCW;
     Class II: Forest practices which have a less than ordinary potential for damaging a public resource that may be conducted without submitting an application and may begin five calendar days, or such lesser time as the department may determine, after written notification by the operator, in the manner, content, and form as prescribed by the department, is received by the department. However, the work may not begin until all forest practice fees required under RCW 76.09.065 have been received by the department. Class II shall not include forest practices:
     (a) On forest lands that are being converted to another use;
     (b) ((Which require approvals under the provisions of the hydraulics act, RCW 77.55.021;
     (c))) Within "shorelines of the state" as defined in RCW 90.58.030;
     (((d))) (c) Excluded from Class II by the board; or
     (((e))) (d) Including timber harvesting or road construction within "urban growth areas," designated pursuant to chapter 36.70A RCW, which are Class IV;
     Class III: Forest practices other than those contained in Class I, II, or IV. A Class III application must be approved or disapproved by the department within thirty calendar days from the date the department receives the application. However, the applicant may not begin work on that forest practice until all forest practice fees required under RCW 76.09.065 have been received by the department;
     Class IV: Forest practices other than those contained in Class I or II:
     (a) On forest lands that are being converted to another use;
     (b) On lands which, pursuant to RCW 76.09.070 as now or hereafter amended, are not to be reforested because of the likelihood of future conversion to urban development;
     (c) That involve timber harvesting or road construction on forest lands that are contained within "urban growth areas," designated pursuant to chapter 36.70A RCW, except where the forest landowner provides:
     (i) A written statement of intent signed by the forest landowner not to convert to a use other than commercial forest product operations for ten years, accompanied by either a written forest management plan acceptable to the department or documentation that the land is enrolled under the provisions of chapter 84.33 or 84.34 RCW; or
     (ii) A conversion option harvest plan approved by the local governmental entity and submitted to the department as part of the application; and/or
     (d) Which have a potential for a substantial impact on the environment and therefore require an evaluation by the department as to whether or not a detailed statement must be prepared pursuant to the state environmental policy act, chapter 43.21C RCW. Such evaluation shall be made within ten days from the date the department receives the application: PROVIDED, That nothing herein shall be construed to prevent any local or regional governmental entity from determining that a detailed statement must be prepared for an action pursuant to a Class IV forest practice taken by that governmental entity concerning the land on which forest practices will be conducted. A Class IV application must be approved or disapproved by the department within thirty calendar days from the date the department receives the application, ((unless the department determines that a detailed statement must be made, in which case the application must be approved or disapproved by the department within sixty calendar days from the date the department receives the application, unless the commissioner of public lands, through the promulgation of a formal order, determines that the process cannot be completed within such period)) except that the department must: Approve or disapprove an application within sixty calendar days from the date the department receives the application if the department determines that a detailed statement must be made, unless the commissioner of public lands, through the promulgation of a formal order, determines that the process cannot be completed within such a period. However, the applicant may not begin work on that forest practice until all forest practice fees required under RCW 76.09.065 have been received by the department.
     Forest practices under Classes I, II, and III are exempt from the requirements for preparation of a detailed statement under the state environmental policy act.
     (2) Except for those forest practices being regulated by local governmental entities as provided elsewhere in this chapter, no Class II, Class III, or Class IV forest practice shall be commenced or continued after January 1, 1975, unless the department has received a notification with regard to a Class II forest practice or approved an application with regard to a Class III or Class IV forest practice containing all information required by RCW 76.09.060 as now or hereafter amended. However, in the event forest practices regulations necessary for the scheduled implementation of this chapter and RCW 90.48.420 have not been adopted in time to meet such schedules, the department shall have the authority to regulate forest practices and approve applications on such terms and conditions consistent with this chapter and RCW 90.48.420 and the purposes and policies of RCW 76.09.010 until applicable forest practices regulations are in effect.
     (3) Except for those forest practices being regulated by local governmental entities as provided elsewhere in this chapter, if a notification or application is delivered in person to the department by the operator or the operator's agent, the department shall immediately provide a dated receipt thereof. In all other cases, the department shall immediately mail a dated receipt to the operator.
     (4) Except for those forest practices being regulated by local governmental entities as provided elsewhere in this chapter, forest practices shall be conducted in accordance with the forest practices regulations, orders and directives as authorized by this chapter or the forest practices regulations, and the terms and conditions of any approved applications.
     (5) Except for those forest practices being regulated by local governmental entities as provided elsewhere in this chapter, the department of natural resources shall notify the applicant in writing of either its approval of the application or its disapproval of the application and the specific manner in which the application fails to comply with the provisions of this section or with the forest practices regulations. Except as provided otherwise in this section, if the department fails to either approve or disapprove an application or any portion thereof within the applicable time limit, the application shall be deemed approved and the operation may be commenced: PROVIDED, That this provision shall not apply to applications which are neither approved nor disapproved pursuant to the provisions of subsection (7) of this section: PROVIDED, FURTHER, That if seasonal field conditions prevent the department from being able to properly evaluate the application, the department may issue an approval conditional upon further review within sixty days((: PROVIDED, FURTHER, That the department shall have until April 1, 1975, to approve or disapprove an application involving forest practices allowed to continue to April 1, 1975, under the provisions of subsection (2) of this section)). Upon receipt of any notification or any satisfactorily completed application the department shall in any event no later than two business days after such receipt transmit a copy to the departments of ecology and fish and wildlife, and to the county, city, or town in whose jurisdiction the forest practice is to be commenced. Any comments by such agencies shall be directed to the department of natural resources.
     (6) For those forest practices regulated by the board and the department, if the county, city, or town believes that an application is inconsistent with this chapter, the forest practices regulations, or any local authority consistent with RCW 76.09.240 as now or hereafter amended, it may so notify the department and the applicant, specifying its objections.
     (7) For those forest practices regulated by the board and the department, the department shall not approve portions of applications to which a county, city, or town objects if:
     (a) The department receives written notice from the county, city, or town of such objections within fourteen business days from the time of transmittal of the application to the county, city, or town, or one day before the department acts on the application, whichever is later; and
     (b) The objections relate to forest lands that are being converted to another use.
     The department shall either disapprove those portions of such application or appeal the county, city, or town objections to the appeals board. If the objections related to (b) of this subsection are based on local authority consistent with RCW 76.09.240 as now or hereafter amended, the department shall disapprove the application until such time as the county, city, or town consents to its approval or such disapproval is reversed on appeal. The applicant shall be a party to all department appeals of county, city, or town objections. Unless the county, city, or town either consents or has waived its rights under this subsection, the department shall not approve portions of an application affecting such lands until the minimum time for county, city, or town objections has expired.
     (8) For those forest practices regulated by the board and the department, in addition to any rights under the above paragraph, the county, city, or town may appeal any department approval of an application with respect to any lands within its jurisdiction. The appeals board may suspend the department's approval in whole or in part pending such appeal where there exists potential for immediate and material damage to a public resource.
     (9) For those forest practices regulated by the board and the department, appeals under this section shall be made to the appeals board in the manner and time provided in RCW 76.09.205. In such appeals there shall be no presumption of correctness of either the county, city, or town or the department position.
     (10) For those forest practices regulated by the board and the department, the department shall, within four business days notify the county, city, or town of all notifications, approvals, and disapprovals of an application affecting lands within the county, city, or town, except to the extent the county, city, or town has waived its right to such notice.
     (11) For those forest practices regulated by the board and the department, a county, city, or town may waive in whole or in part its rights under this section, and may withdraw or modify any such waiver, at any time by written notice to the department.
     (12) Notwithstanding subsections (2) through (5) of this section, forest practices applications or notifications are not required for exotic insect and disease control operations conducted in accordance with RCW 76.09.060(8) where eradication can reasonably be expected.

Sec. 206   RCW 76.09.060 and 2007 c 480 s 11 and 2007 c 106 s 1 are each reenacted and amended to read as follows:
     (1) The department shall prescribe the form and contents of the notification and application. The forest practices rules shall specify by whom and under what conditions the notification and application shall be signed or otherwise certified as acceptable. Activities conducted by the department or a contractor under the direction of the department under the provisions of RCW 76.04.660, shall be exempt from the landowner signature requirement on any forest practices application required to be filed. The application or notification shall be delivered in person to the department, sent by first-class mail to the department or electronically filed in a form defined by the department. The form for electronic filing shall be readily convertible to a paper copy, which shall be available to the public pursuant to chapter 42.56 RCW. The information required may include, but is not limited to:
     (a) Name and address of the forest landowner, timber owner, and operator;
     (b) Description of the proposed forest practice or practices to be conducted;
     (c) Legal description and tax parcel identification numbers of the land on which the forest practices are to be conducted;
     (d) Planimetric and topographic maps showing location and size of all lakes and streams and other public waters in and immediately adjacent to the operating area and showing all existing and proposed roads and major tractor roads;
     (e) Description of the silvicultural, harvesting, or other forest practice methods to be used, including the type of equipment to be used and materials to be applied;
     (f) For an application submitted on or after the effective date of section 202 of this act that includes a forest practices hydraulic project, plans and specifications for the forest practices hydraulic project to ensure the proper protection of fish life;
     (g) Proposed plan for reforestation and for any revegetation necessary to reduce erosion potential from roadsides and yarding roads, as required by the forest practices rules;
     (((g))) (h) Soil, geological, and hydrological data with respect to forest practices;
     (((h))) (i) The expected dates of commencement and completion of all forest practices specified in the application;
     (((i))) (j) Provisions for continuing maintenance of roads and other construction or other measures necessary to afford protection to public resources;
     (((j))) (k) An affirmation that the statements contained in the notification or application are true; and
     (((k))) (l) All necessary application or notification fees.
     (2) Long range plans may be submitted to the department for review and consultation.
     (3) The application for a forest practice or the notification of a forest practice is subject to the reforestation requirement of RCW 76.09.070.
     (a) If the application states that any land will be or is intended to be converted:
     (i) The reforestation requirements of this chapter and of the forest practices rules shall not apply if the land is in fact converted unless applicable alternatives or limitations are provided in forest practices rules issued under RCW 76.09.070;
     (ii) Completion of such forest practice operations shall be deemed conversion of the lands to another use for purposes of chapters 84.33 and 84.34 RCW unless the conversion is to a use permitted under a current use tax agreement permitted under chapter 84.34 RCW;
     (iii) The forest practices described in the application are subject to applicable county, city, town, and regional governmental authority permitted under RCW 76.09.240 as well as the forest practices rules.
     (b)(i) Except as provided elsewhere in this section, ((if the)) when the department becomes aware of a landowner ((harvests)) harvesting without an approved application or notification or the landowner ((does not state)) has not stated that any land covered by ((the)) an application or notification will be or is intended to be converted((, and the department or the county, city, town, or regional governmental entity becomes aware of)), the department shall:
     (A) Take appropriate action under the authority of RCW 76.09.080 through 76.09.140; and
     (B) Provide electronic notice to the department of ecology and the county, city, or town, or regional governmental entities of potential conversion activities to a use other than commercial timber operations, as that term is defined in RCW 76.09.020((, then the department shall send to the department of ecology and the appropriate county, city, town, and regional governmental entities the following documents:
     (i) A notice of a conversion to nonforestry use;)).
     (ii) The county, city, town, or regional governmental entity shall, consistent with RCW 76.09.460, issue a notice of a conversion to a nonforestry use to the landowner and send copies to the department and the department of ecology. Upon receipt, the department shall send to the appropriate county, city, town, or regional governmental entity:
     (A) A copy of the applicable forest practices application or notification, if any; and
     (((iii))) (B) Copies of any applicable outstanding final orders or decisions issued by the department related to the forest practices application or notification.
     (c) Failure to comply with the reforestation requirements contained in any final order or decision shall constitute a removal of designation under the provisions of RCW 84.33.140, and a change of use under the provisions of RCW 84.34.080, and, if applicable, shall subject such lands to the payments and/or penalties resulting from such removals or changes.
     (d) Conversion to a use other than commercial forest product operations within six years after approval of the forest practices application or notification without the consent of the county, city, or town shall constitute a violation of each of the county, municipal city, town, and regional authorities to which the forest practice operations would have been subject if the application had stated an intent to convert.
     (e) Land that is the subject of a notice of conversion to a nonforestry use produced by ((the department and sent to the department of ecology and)) a local ((government under this subsection)) governmental entity is subject to the development prohibition and conditions provided in RCW 76.09.460.
     (f) Landowners who have not stated an intent to convert the land covered by an application or notification and who decide to convert the land to a nonforestry use within six years of receiving an approved application or notification must do so in a manner consistent with RCW 76.09.470.
     (g) The application or notification must include a statement requiring an acknowledgment by the forest landowner of his or her intent with respect to conversion and acknowledging that he or she is familiar with the effects of this subsection.
     (4) Whenever an approved application authorizes a forest practice which, because of soil condition, proximity to a water course or other unusual factor, has a potential for causing material damage to a public resource, as determined by the department, the applicant shall, when requested on the approved application, notify the department two days before the commencement of actual operations.
     (5) Before the operator commences any forest practice in a manner or to an extent significantly different from that described in a previously approved application or notification, there shall be submitted to the department a new application or notification form in the manner set forth in this section.
     (6)(a) Except as provided in RCW 76.09.350(4), the notification to or the approval given by the department to an application to conduct a forest practice shall be effective for a term of ((two)) three years from the date of approval or notification ((and shall not be renewed unless a new application is filed and approved or a new notification has been filed)).
     (b) A notification or application may be renewed for an additional three-year term by the filing and approval of a notification or application, as applicable, prior to the expiration of the original application or notification. A renewal application or notification is subject to the forest practices rules in effect at the time the renewal application or notification is filed. Nothing in this section precludes the applicant from applying for a new application or notification after the renewal period has lapsed.
     (c) At the option of the applicant, an application or notification may be submitted to cover a single forest practice or a number of forest practices within reasonable geographic or political boundaries as specified by the department. An application or notification that covers more than one forest practice may have an effective term of more than ((two)) three years.
     (d) The board shall adopt rules that establish standards and procedures for approving an application or notification that has an effective term of more than ((two)) three years. Such rules shall include extended time periods for application or notification approval or disapproval. ((On an approved application with a term of more than two years, the applicant shall inform the department before commencing operations)) The department may require the applicant to provide advance notice before commencing operations on an approved application or notification.
     (7) Notwithstanding any other provision of this section, no prior application or notification shall be required for any emergency forest practice necessitated by fire, flood, windstorm, earthquake, or other emergency as defined by the board, but the operator shall submit an application or notification, whichever is applicable, to the department within forty-eight hours after commencement of such practice or as required by local regulations.
     (8) Forest practices applications or notifications are not required for forest practices conducted to control exotic forest insect or disease outbreaks, when conducted by or under the direction of the department of agriculture in carrying out an order of the governor or director of the department of agriculture to implement pest control measures as authorized under chapter 17.24 RCW, and are not required when conducted by or under the direction of the department in carrying out emergency measures under a forest health emergency declaration by the commissioner of public lands as provided in RCW 76.06.130.
     (a) For the purposes of this subsection, exotic forest insect or disease has the same meaning as defined in RCW 76.06.020.
     (b) In order to minimize adverse impacts to public resources, control measures must be based on integrated pest management, as defined in RCW 17.15.010, and must follow forest practices rules relating to road construction and maintenance, timber harvest, and forest chemicals, to the extent possible without compromising control objectives.
     (c) Agencies conducting or directing control efforts must provide advance notice to the appropriate regulatory staff of the department of the operations that would be subject to exemption from forest practices application or notification requirements.
     (d) When the appropriate regulatory staff of the department are notified under (c) of this subsection, they must consult with the landowner, interested agencies, and affected tribes, and assist the notifying agencies in the development of integrated pest management plans that comply with forest practices rules as required under (b) of this subsection.
     (e) Nothing under this subsection relieves agencies conducting or directing control efforts from requirements of the federal clean water act as administered by the department of ecology under RCW 90.48.260.
     (f) Forest lands where trees have been cut as part of an exotic forest insect or disease control effort under this subsection are subject to reforestation requirements under RCW 76.09.070.
     (g) The exemption from obtaining approved forest practices applications or notifications does not apply to forest practices conducted after the governor, the director of the department of agriculture, or the commissioner of public lands have declared that an emergency no longer exists because control objectives have been met, that there is no longer an imminent threat, or that there is no longer a good likelihood of control.

Sec. 207   RCW 76.09.150 and 2000 c 11 s 7 are each amended to read as follows:
     (1) The department shall make inspections of forest lands, before, during, and after the conducting of forest practices as necessary for the purpose of ensuring compliance with this chapter ((and)), the forest practices rules, including forest practices rules incorporated under RCW 76.09.040(3), and to ensure that no material damage occurs to the natural resources of this state as a result of ((such)) forest practices.
     (2) Any duly authorized representative of the department shall have the right to enter upon forest land at any reasonable time to enforce the provisions of this chapter and the forest practices rules.
     (3) The department or the department of ecology may apply for an administrative inspection warrant to either Thurston county superior court, or the superior court in the county in which the property is located. An administrative inspection warrant may be issued where:
     (a) The department has attempted an inspection of forest lands under this chapter to ensure compliance with this chapter and the forest practices rules or to ensure that no potential or actual material damage occurs to the natural resources of this state, and access to all or part of the forest lands has been actually or constructively denied; or
     (b) The department has reasonable cause to believe that a violation of this chapter or of rules adopted under this chapter is occurring or has occurred.
     (4) In connection with any watershed analysis, any review of a pending application by an identification team appointed by the department, any compliance studies, any effectiveness monitoring, or other research that has been agreed to by a landowner, the department may invite representatives of other agencies, tribes, and interest groups to accompany a department representative and, at the landowner's election, the landowner, on any such inspections. Reasonable efforts shall be made by the department to notify the landowner of the persons being invited onto the property and the purposes for which they are being invited.

NEW SECTION.  Sec. 208   A new section is added to chapter 43.30 RCW to read as follows:
     (1) By December 31, 2013, the department must make examples of complete, high quality forest practices 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. The department must maximize assistance to the public and interested parties by seeking to make readily available examples from forest practices that generate significant permitting activity or frequent questions.
     (2) The department must regularly review and update the examples required to be made available on the internet under subsection (1) of this section.
     (3) The department must obtain the written permission of a permit applicant or permittee before making publicly available that applicant's or permittee's application or permit under this section and must work cooperatively with the permit applicant or permittee to ensure that no personal or proprietary information is made available.

Sec. 209   RCW 76.09.065 and 2000 c 11 s 5 are each amended to read as follows:
     (1) ((Effective July 1, 1997,)) An applicant shall pay an application fee and a recording fee, if applicable, at the time an application or notification is submitted to the department or to the local governmental entity as provided in this chapter.
     (2) ((For applications and notifications submitted to the department, the application fee)) (a) If sections 201 through 203 and 206 of this act are not enacted into law by June 30, 2012, then the fee for applications and notifications submitted to the department shall be fifty dollars for class II, III, and IV forest practices applications or notifications relating to the commercial harvest of timber. However, the fee shall be five hundred dollars for class IV forest practices applications on lands being converted to other uses or on lands which are not to be reforested because of the likelihood of future conversion to urban development or on lands that are contained within "urban growth areas," designated pursuant to chapter 36.70A RCW, except the fee shall be fifty dollars on those lands where the forest landowner provides:
     (((a))) (i) A written statement of intent signed by the forest landowner not to convert to a use other than commercial forest product operations for ten years, accompanied by either a written forest management plan acceptable to the department or documentation that the land is enrolled under the provisions of chapter 84.33 RCW; or
     (((b))) (ii) A conversion option harvest plan approved by the local governmental entity and submitted to the department as part of the forest practices application.
     (b) If sections 201 through 203 and 206 of this act are enacted into law by June 30, 2012, then the fee for applications and notifications submitted to the department shall be one hundred fifty dollars for class II applications and notifications, class III applications, and class IV forest practices that have a potential for a substantial impact on the environment and therefore require an evaluation by the department as to whether or not a detailed statement must be prepared pursuant to the state environmental policy act, chapter 43.21C RCW. The fee shall be one thousand five hundred dollars for class IV forest practices applications on lands being converted to other uses or on lands that are not to be reforested because of the likelihood of future conversion to urban development or on lands that are contained within urban growth areas, designated pursuant to chapter 36.70A RCW, except the fee shall be the same as for a class III forest practices application where the forest landowner provides:
     (i) A written statement of intent signed by the forest landowner not to convert to a use other than commercial forest product operations for ten years, accompanied by either a written forest management plan acceptable to the department or documentation that the land is enrolled under the provisions of chapter 84.33 RCW; or
     (ii) A conversion option harvest plan approved by the local governmental entity and submitted to the department as part of the forest practices application.
     (3) The forest practices application account is created in the state treasury. Moneys in the account may be spent only after appropriation. All money collected from fees under ((this)) subsection (2) of this section shall be deposited in the ((state general fund)) forest practices application account for the purposes of implementing this chapter, chapter 76.13 RCW, and Title 222 WAC.
     (((3))) (4) For applications submitted to ((the)) a local governmental entity as provided in this chapter, the fee shall be ((five hundred dollars for class IV forest practices on lands being converted to other uses or lands that are contained within "urban growth areas," designated pursuant to chapter 36.70A RCW, except as otherwise provided in this section, unless a different fee is otherwise provided)) determined by the local governmental entity.
     (((4) Recording fees shall be as provided in chapter 36.18 RCW.
     (5) An application fee under subsection (2) of this section shall be refunded or credited to the applicant if either the application or notification is disapproved by the department or the application or notification is withdrawn by the applicant due to restrictions imposed by the department.))

Sec. 210   RCW 76.09.460 and 2007 c 106 s 2 are each amended to read as follows:
     ((If)) When a county, city, town, or regional governmental entity ((receives)) issues a notice of conversion to nonforestry use ((by the department)) under RCW 76.09.060, then the county, city, town, or regional governmental entity must deny all applications for permits or approvals, including building permits and subdivision approvals, relating to nonforestry uses of the land that is the subject of the notification. The prohibition ((created by this section)) must be enforced by the county, city, town, or regional governmental entity:
     (1) For a period of six years from the approval date of the applicable forest practices application or notification or the date that the department was made aware of the harvest activities; or
     (2) Until the following activities are completed for the land that is the subject of the notice of conversion to a nonforestry use:
     (a) Full compliance with chapter 43.21C RCW, if applicable;
     (b) The department has notified the county, city, town, or regional governmental entity that the landowner has resolved any outstanding final orders or decisions issued by the department; and
     (c) A determination is made by the county, city, town, or regional governmental entity as to whether or not the condition of the land in question is in full compliance with local ordinances and regulations. If full compliance is not found, a mitigation plan to address violations of local ordinances or regulations must be required for the parcel in question by the county, city, town, or regional governmental entity. Required mitigation plans must be prepared by the landowner and approved by the county, city, town, or regional governmental entity. Once approved, the mitigation plan must be implemented by the landowner. Mitigation measures that may be required include, but are not limited to, revegetation requirements to plant and maintain trees of sufficient maturity and appropriate species composition to restore critical area and buffer function or to be in compliance with applicable local government regulations.

Sec. 211   RCW 76.09.470 and 2007 c 106 s 3 are each amended to read as follows:
     (1) If a landowner who did not state an intent to convert his or her land to a nonforestry use decides to convert his or her land to a nonforestry use within six years of receiving an approved forest practices application or notification under this chapter, the landowner must:
     (a) Stop all forest practices activities on the parcels subject to the proposed land use conversion to a nonforestry use;
     (b) Contact the department of ecology and the applicable county, city, town, or regional governmental entity to begin the permitting process; and
     (c) Notify the department ((and)), withdraw any applicable applications or notifications ((or request)), and submit a new application for the conversion. The fee for a new application for conversion under this subsection (1)(c) is the difference between the applicable fee for the new application under RCW 76.09.065 and the fee previously paid for the original application or notification, which must be deposited in the forest practices application account created in RCW 76.09.065.
     (2) Upon being contacted by a landowner under this section, the county, city, town, or regional governmental entity must:
     (a) Notify the department and request from the department the status of any applicable forest practices applications, notifications, or final orders or decisions; and
     (b) Complete the following activities:
     (i) Require that the landowner be in full compliance with chapter 43.21C RCW, if applicable;
     (ii) Receive notification from the department that the landowner has resolved any outstanding final orders or decisions issued by the department; and
     (iii) Make a determination as to whether or not the condition of the land in question is in full compliance with local ordinances and regulations. If full compliance is not found, a mitigation plan to address violations of local ordinances or regulations must be required for the parcel in question by the county, city, town, or regional governmental entity. Required mitigation plans must be prepared by the landowner and approved by the county, city, town, or regional governmental entity. Once approved, the mitigation plan must be implemented by the landowner. Mitigation measures that may be required include, but are not limited to, revegetation requirements to plant and maintain trees of sufficient maturity and appropriate species composition to restore critical area and buffer function or to be in compliance with applicable local government regulations.

Sec. 212   RCW 76.09.030 and 2008 c 46 s 1 are each amended to read as follows:
     (1) There is hereby created the forest practices board of the state of Washington as an agency of state government consisting of members as follows:
     (a) The commissioner of public lands or the commissioner's designee;
     (b) The director of the department of ((community, trade, and economic development)) commerce or the director's designee;
     (c) The director of the department of agriculture or the director's designee;
     (d) The director of the department of ecology or the director's designee;
     (e) The director of the department of fish and wildlife or the director's designee;
     (f) An elected member of a county legislative authority appointed by the governor((: PROVIDED, That such)). However, the county member's service on the board shall be conditioned on the member's continued service as an elected county official;
     (g) One member representing a timber products union, appointed by the governor from a list of three names submitted by a timber labor coalition affiliated with a statewide labor organization that represents a majority of the timber product unions in the state; and
     (h) Six members of the general public appointed by the governor, one of whom shall be a small forest landowner who actively manages his or her land, and one of whom shall be an independent logging contractor.
     (2) ((The director of the department of fish and wildlife's service on the board may be terminated two years after August 18, 1999, if the legislature finds that after two years the department has not made substantial progress toward integrating the laws, rules, and programs governing forest practices, chapter 76.09 RCW, and the laws, rules, and programs governing hydraulic projects, chapter 77.55 RCW. Such a finding shall be based solely on whether the department of fish and wildlife makes substantial progress as defined in this subsection, and will not be based on other actions taken as a member of the board. Substantial progress shall include recommendations to the legislature for closer integration of the existing rule-making authorities of the board and the department of fish and wildlife, and closer integration of the forest practices and hydraulics permitting processes, including exploring the potential for a consolidated permitting process. These recommendations shall be designed to resolve problems currently associated with the existing dual regulatory and permitting processes.
     (3))) The members of the initial board appointed by the governor shall be appointed so that the term of one member shall expire December 31, 1975, the term of one member shall expire December 31, 1976, the term of one member shall expire December 31, 1977, the terms of two members shall expire December 31, 1978, and the terms of two members shall expire December 31, 1979. Thereafter, each member shall be appointed for a term of four years. Vacancies on the board shall be filled in the same manner as the original appointments. Each member of the board shall continue in office until his or her successor is appointed and qualified. The commissioner of public lands or the commissioner's designee shall be the chair of the board.
     (((4))) (3) The board shall meet at such times and places as shall be designated by the chair or upon the written request of the majority of the board. The principal office of the board shall be at the state capital.
     (((5))) (4) Members of the board, except public employees and elected officials, shall be compensated in accordance with RCW 43.03.250. Each member shall be entitled to reimbursement for travel expenses incurred in the performance of their duties as provided in RCW 43.03.050 and 43.03.060.
     (((6))) (5) The board may employ such clerical help and staff pursuant to chapter 41.06 RCW as is necessary to carry out its duties.

Sec. 213   RCW 76.09.020 and 2010 c 210 s 19 and 2010 c 188 s 6 are each reenacted and amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Adaptive management" means reliance on scientific methods to test the results of actions taken so that the management and related policy can be changed promptly and appropriately.
     (2) "Appeals board" means the pollution control hearings board created by RCW 43.21B.010.
     (3) "Application" means the application required pursuant to RCW 76.09.050.
     (4) "Aquatic resources" includes water quality, salmon, other species of the vertebrate classes Cephalaspidomorphi and Osteichthyes identified in the forests and fish report, the Columbia torrent salamander (Rhyacotriton kezeri), the Cascade torrent salamander (Rhyacotriton cascadae), the Olympic torrent salamander (Rhyacotriton olympian), the Dunn's salamander (Plethodon dunni), the Van Dyke's salamander (Plethodon vandyke), the tailed frog (Ascaphus truei), and their respective habitats.
     (5) "Board" means the forest practices board created in RCW 76.09.030.
     (6) "Commissioner" means the commissioner of public lands.
     (7) "Contiguous" means land adjoining or touching by common corner or otherwise. Land having common ownership divided by a road or other right-of-way shall be considered contiguous.
     (8) "Conversion to a use other than commercial timber operation" means a bona fide conversion to an active use which is incompatible with timber growing and as may be defined by forest practices rules.
     (9) "Date of receipt" has the same meaning as defined in RCW 43.21B.001.
     (10) "Department" means the department of natural resources.
     (11) "Ecosystem services" means the benefits that the public enjoys as a result of natural processes and biological diversity.
     (12) "Ecosystem services market" means a system in which providers of ecosystem services can access financing or market capital to protect, restore, and maintain ecological values, including the full spectrum of regulatory, quasiregulatory, and voluntary markets.
     (13) "Fish passage barrier" means any artificial instream structure that impedes the free passage of fish.
     (14) "Forest land" means all land which is capable of supporting a merchantable stand of timber and is not being actively used for a use which is incompatible with timber growing. Forest land does not include agricultural land that is or was enrolled in the conservation reserve enhancement program by contract if such agricultural land was historically used for agricultural purposes and the landowner intends to continue to use the land for agricultural purposes in the future. As it applies to the operation of the road maintenance and abandonment plan element of the forest practices rules on small forest landowners, the term "forest land" excludes:
     (a) Residential home sites, which may include up to five acres; and
     (b) Cropfields, orchards, vineyards, pastures, feedlots, fish pens, and the land on which appurtenances necessary to the production, preparation, or sale of crops, fruit, dairy products, fish, and livestock exist.
     (15) "Forest landowner" means any person in actual control of forest land, whether such control is based either on legal or equitable title, or on any other interest entitling the holder to sell or otherwise dispose of any or all of the timber on such land in any manner. However, any lessee or other person in possession of forest land without legal or equitable title to such land shall be excluded from the definition of "forest landowner" unless such lessee or other person has the right to sell or otherwise dispose of any or all of the timber located on such forest land.
     (16) "Forest practice" means any activity conducted on or directly pertaining to forest land and relating to growing, harvesting, or processing timber, including but not limited to:
     (a) Road and trail construction, including forest practices hydraulic projects that include water crossing structures, and associated activities and maintenance;
     (b) Harvesting, final and intermediate;
     (c) Precommercial thinning;
     (d) Reforestation;
     (e) Fertilization;
     (f) Prevention and suppression of diseases and insects;
     (g) Salvage of trees; and
     (h) Brush control.
"Forest practice" shall not include preparatory work such as tree marking, surveying and road flagging, and removal or harvesting of incidental vegetation from forest lands such as berries, ferns, greenery, mistletoe, herbs, mushrooms, and other products which cannot normally be expected to result in damage to forest soils, timber, or public resources.
     (17) "Forest practices rules" means any rules adopted pursuant to RCW 76.09.040.
     (18) "Forest road," as it applies to the operation of the road maintenance and abandonment plan element of the forest practices rules on small forest landowners, means a road or road segment that crosses land that meets the definition of forest land, but excludes residential access roads.
     (19) "Forest trees" does not include hardwood trees cultivated by agricultural methods in growing cycles shorter than fifteen years if the trees were planted on land that was not in forest use immediately before the trees were planted and before the land was prepared for planting the trees. "Forest trees" includes Christmas trees, but does not include Christmas trees that are cultivated by agricultural methods, as that term is defined in RCW 84.33.035.
     (20) "Forests and fish report" means the forests and fish report to the board dated April 29, 1999.
     (21) "Operator" means any person engaging in forest practices except an employee with wages as his or her sole compensation.
     (22) "Person" means any individual, partnership, private, public, or municipal corporation, county, the department or other state or local governmental entity, or association of individuals of whatever nature.
     (23) "Public resources" means water, fish and wildlife, and in addition shall mean capital improvements of the state or its political subdivisions.
     (24) "Small forest landowner" has the same meaning as defined in RCW 76.09.450.
     (25) "Timber" means forest trees, standing or down, of a commercial species, including Christmas trees. However, "timber" does not include Christmas trees that are cultivated by agricultural methods, as that term is defined in RCW 84.33.035.
     (26) "Timber owner" means any person having all or any part of the legal interest in timber. Where such timber is subject to a contract of sale, "timber owner" shall mean the contract purchaser.
     (27) "Unconfined channel migration zone" means the area within which the active channel of an unconfined stream is prone to move and where the movement would result in a potential near-term loss of riparian forest adjacent to the stream. Sizeable islands with productive timber may exist within the zone.
     (28) "Unconfined stream" means generally fifth order or larger waters that experience abrupt shifts in channel location, creating a complex floodplain characterized by extensive gravel bars, disturbance species of vegetation of variable age, numerous side channels, wall-based channels, oxbow lakes, and wetland complexes. Many of these streams have dikes and levees that may temporarily or permanently restrict channel movement.
     (29) "Forest practices hydraulic project" means a hydraulic project, as defined under RCW 77.55.011, that requires a forest practices application under this chapter.
     (30) "Fill" means the placement of earth material or aggregate for road or landing construction or other similar activities.

NEW SECTION.  Sec. 214   A new section is added to chapter 43.21C RCW to read as follows:
     The incorporation of fish protection standards adopted under chapter 77.55 RCW into the forest practices rules as required under RCW 76.09.040(3) is exempt from compliance with this chapter.

NEW SECTION.  Sec. 215   (1) The departments of natural resources and fish and wildlife must jointly provide a report to the appropriate committees of the legislature containing findings and any recommendations relating to the regulatory integration of hydraulic projects and forest practices as provided in this act, including:
     (a) Progress made in implementing the integration required under this act, including rule incorporation and development of forest practices board manual guidance;
     (b) An update on and potential for permitting efficiencies in addition to the integration required under this act;
     (c) The process for and outcomes from review of forest practices applications that include forest practices hydraulic projects by the department of fish and wildlife; and
     (d) Compliance monitoring for forest practices hydraulic projects through the review processes provided under WAC 222-08-160 as it existed on the effective date of this section.
     (2) The departments of natural resources and fish and wildlife must provide an initial report by September 1, 2014, and a second report by September 1, 2016.
     (3) This section expires December 31, 2016.

NEW SECTION.  Sec. 216   Sections 202 and 205 of this act take effect on the date the forest practices board incorporates fish protection standards adopted under chapter 77.55 RCW into the forest practices rules and approves technical guidance as required under RCW 76.09.040. The department of natural resources must provide written notice of the effective date of these sections to affected parties, the chief clerk of the house of representatives, the secretary of the senate, the office of the code reviser, and others as deemed appropriate by the department of natural resources.

NEW SECTION.  Sec. 217   Nothing in this act affects any rules, processes, or procedures of the department of fish and wildlife and the department of natural resources existing on the effective date of this section that provide for regulatory integration of hydraulic projects and forest practices for projects in nonfish-bearing waters.

NEW SECTION.  Sec. 218   Nothing in this act authorizes the department of fish and wildlife to assume authority over approval, disapproval, conditioning, or enforcement of applications submitted under chapter 76.09 RCW.

NEW SECTION.  Sec. 219   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.

Sec. 301   RCW 43.21C.170 and 1983 c 117 s 6 are each amended to read as follows:
     (1) The ((legislature may establish a)) council on environmental policy ((to review and assist in the implementation of this chapter)) is established consisting of the following members:
     (a) The director of the department of ecology, or the director's designee, who shall serve as chair of the council;
     (b) A county planning director, or commensurate position, responsible for the implementation of this chapter in a county, appointed by the governor;
     (c) A city planning director, or commensurate position, responsible for the implementation of this chapter in a city, appointed by the governor;
     (d) A representative of environmental interests, appointed by the governor; and
     (e) A representative of business interests, appointed by the governor.
     (2) Appointed members of the council serve four year terms, except that the governor may appoint initial members to the council in staggered terms so that the terms of no more than two gubernatorial appointees expire in the same calendar year. If a vacancy occurs on the council prior to the expiration of a term, the governor shall appoint a new member within thirty days to complete the term.
     (3) The council shall meet at least biannually. Official meetings may be held at any location or time designated by the chair of the council. Regardless of meeting location, members of the council may participate in official meetings through conference calls or other remote location meeting technologies. Three members constitute a quorum for the transaction of business.
     (4) For administrative purposes, the council is located in the department of ecology. The department of ecology shall provide clerical and research staff support to the council.
     (5) The council may delegate to the department of ecology any powers or duties provided to the council under this chapter.
     (6) Members of the council that are not state employees are entitled to reimbursement for travel expenses related to participation on the board consistent with RCW 43.03.050 and 43.03.060.
     (7) The governor shall make appointments to the council with the advice and consent of the senate.

Sec. 302   RCW 43.21C.110 and 1997 c 429 s 47 are each amended to read as follows:
     It shall be the duty and function of the ((department of ecology)) council on environmental policy:
     (1) To adopt and amend thereafter rules of interpretation and implementation of this chapter, subject to the requirements of chapter 34.05 RCW, for the purpose of providing uniform rules and guidelines to all branches of government including state agencies, political subdivisions, public and municipal corporations, and counties. The proposed rules shall be subject to full public hearings requirements associated with rule promulgation. Suggestions for modifications of the proposed rules shall be considered on their merits, and the ((department)) council on environmental policy shall have the authority and responsibility for full and appropriate independent promulgation and adoption of rules, assuring consistency with this chapter as amended and with the preservation of protections afforded by this chapter. The rule-making powers authorized in this section shall include, but shall not be limited to, the following phases of interpretation and implementation of this chapter:
     (a) Categories of governmental actions which are not to be considered as potential major actions significantly affecting the quality of the environment, including categories pertaining to applications for water right permits pursuant to chapters 90.03 and 90.44 RCW. The types of actions included as categorical exemptions in the rules shall be limited to those types which are not major actions significantly affecting the quality of the environment. The rules shall provide for certain circumstances where actions which potentially are categorically exempt require environmental review. An action that is categorically exempt under the rules adopted by the ((department)) council on environmental policy may not be conditioned or denied under this chapter.
     (b) Rules for criteria and procedures applicable to the determination of when an act of a branch of government is a major action significantly affecting the quality of the environment for which a detailed statement is required to be prepared pursuant to RCW 43.21C.030.
     (c) Rules and procedures applicable to the preparation of detailed statements and other environmental documents, including but not limited to rules for timing of environmental review, obtaining comments, data and other information, and providing for and determining areas of public participation which shall include the scope and review of draft environmental impact statements.
     (d) Scope of coverage and contents of detailed statements assuring that such statements are simple, uniform, and as short as practicable; statements are required to analyze only reasonable alternatives and probable adverse environmental impacts which are significant, and may analyze beneficial impacts.
     (e) Rules and procedures for public notification of actions taken and documents prepared.
     (f) Definition of terms relevant to the implementation of this chapter including the establishment of a list of elements of the environment. Analysis of environmental considerations under RCW 43.21C.030(2) may be required only for those subjects listed as elements of the environment (or portions thereof). The list of elements of the environment shall consist of the "natural" and "built" environment. The elements of the built environment shall consist of public services and utilities (such as water, sewer, schools, fire and police protection), transportation, environmental health (such as explosive materials and toxic waste), and land and shoreline use (including housing, and a description of the relationships with land use and shoreline plans and designations, including population).
     (g) Rules for determining the obligations and powers under this chapter of two or more branches of government involved in the same project significantly affecting the quality of the environment.
     (h) Methods to assure adequate public awareness of the preparation and issuance of detailed statements required by RCW 43.21C.030(2)(c).
     (i) To prepare rules for projects setting forth the time limits within which the governmental entity responsible for the action shall comply with the provisions of this chapter.
     (j) Rules for utilization of a detailed statement for more than one action and rules improving environmental analysis of nonproject proposals and encouraging better interagency coordination and integration between this chapter and other environmental laws.
     (k) Rules relating to actions which shall be exempt from the provisions of this chapter in situations of emergency.
     (l) Rules relating to the use of environmental documents in planning and decision making and the implementation of the substantive policies and requirements of this chapter, including procedures for appeals under this chapter.
     (m) Rules and procedures that provide for the integration of environmental review with project review as provided in RCW 43.21C.240. The rules and procedures shall be jointly developed with the department of ((community, trade, and economic development)) commerce and shall be applicable to the preparation of environmental documents for actions in counties, cities, and towns planning under RCW 36.70A.040. The rules and procedures shall also include procedures and criteria to analyze planned actions under ((RCW 43.21C.031(2))) section 308 of this act and revisions to the rules adopted under this section to ensure that they are compatible with the requirements and authorizations of chapter 347, Laws of 1995, as amended by chapter 429, Laws of 1997. Ordinances or procedures adopted by a county, city, or town to implement the provisions of chapter 347, Laws of 1995 prior to the effective date of rules adopted under this subsection (1)(m) shall continue to be effective until the adoption of any new or revised ordinances or procedures that may be required. If any revisions are required as a result of rules adopted under this subsection (1)(m), those revisions shall be made within the time limits specified in RCW 43.21C.120.
     (2) In exercising its powers, functions, and duties under this section, the ((department)) council on environmental policy may:
     (a) Consult with the state agencies and with representatives of science, industry, agriculture, labor, conservation organizations, state and local governments, and other groups, as it deems advisable; and
     (b) Utilize, to the fullest extent possible, the services, facilities, and information (including statistical information) of public and private agencies, organizations, and individuals, in order to avoid duplication of effort and expense, overlap, or conflict with similar activities authorized by law and performed by established agencies.
     (3) Rules adopted pursuant to this section shall be subject to the review procedures of chapter 34.05 RCW.

NEW SECTION.  Sec. 303   A new section is added to chapter 43.21C RCW to read as follows:
     The council on environmental policy shall periodically review the rules adopted under RCW 43.21C.110 for purposes including to:
     (1) Ensure that the rules reflect current conditions;
     (2) Reduce duplicative rules and regulations; and
     (3) Minimize avoidable costs while still meeting the environmental review objectives of this chapter.

NEW SECTION.  Sec. 304   (1) By December 31, 2012, the council on environmental policy shall review the rules adopted under RCW 43.21C.110 and conduct rule making, consistent with the criteria identified in section 303 of this act, on those rules prioritized for immediate review by the council. The initial rule review and rule making must include, but is not limited to:
     (a) Categories of governmental actions that are not to be considered as potential major actions significantly affecting the quality of the environment, with a focus on maximum threshold levels by project type and location; and
     (b) The environmental checklist process outlined in WAC 197-11-315, as it existed on the effective date of this section.
     (2) By December 31, 2013, the council on environmental policy shall conduct a second rule review and proceed with a rule-making process to adopt further updates to the rules adopted under RCW 43.21C.110 consistent with this section.
     (3) This section expires July 31, 2014.

NEW SECTION.  Sec. 305   A new section is added to chapter 43.21C RCW to read as follows:
     All rules adopted by the department of ecology under RCW 43.21C.110 prior to the effective date of this section remain in effect. The council on environmental policy assumes all responsibility and authority for amending the rules.

Sec. 306   RCW 43.21C.229 and 2003 c 298 s 1 are each amended to read as follows:
     (1) In order to accommodate infill development and thereby realize the goals and policies of comprehensive plans adopted according to chapter 36.70A RCW, a county, city, or ((county)) town planning under RCW 36.70A.040 is authorized by this section to establish categorical exemptions from the requirements of this chapter. An exemption adopted under this section applies even if it differs from the categorical exemptions adopted ((by rule of the department)) under RCW 43.21C.110(1)(a). An exemption may be adopted by a county, city, or ((county)) town under this section if it meets the following criteria:
     (a) It categorically exempts ((government action related to development that is)) project actions that propose new residential, commercial, industrial, or mixed-use development ((proposed)) to fill in an urban growth area, designated according to RCW 36.70A.110, where current density and intensity of use in the area is lower than called for in the goals and policies of the applicable comprehensive plan;
     (b) It does not exempt ((government action related to)) project actions that propose development that would be for a use or would exceed the density or intensity of a use called for in the goals and policies of the applicable comprehensive plan; and
     (c)(i) The county, city, or ((county's)) town's applicable comprehensive or subarea plan was previously subjected to environmental ((analysis through an environmental impact statement)) review under the requirements of this chapter prior to adoption.
     (2) Any categorical exemption adopted by a county, city, or ((county)) town under this section shall be ((subject to the rules of the department adopted according to RCW 43.21C.110(1)(a) that provide exceptions to the use of categorical exemptions adopted by the department)) contained in rules adopted pursuant to RCW 43.21C.120.

Sec. 307   RCW 43.21C.031 and 1995 c 347 s 203 are each amended to read as follows:
     (1) An environmental impact statement (the detailed statement required by RCW 43.21C.030(2)(c)) shall be prepared on proposals for legislation and other major actions having a probable significant, adverse environmental impact. The environmental impact statement may be combined with the recommendation or report on the proposal or issued as a separate document. The substantive decisions or recommendations shall be clearly identifiable in the combined document. Actions categorically exempt under RCW 43.21C.110(1)(a) do not require environmental review or the preparation of an environmental impact statement under this chapter. ((In a county, city, or town planning under RCW 36.70A.040, a planned action, as provided for in subsection (2) of this section, does not require a threshold determination or the preparation of an environmental impact statement under this chapter, but is subject to environmental review and mitigation as provided in this chapter.))
     (2) An environmental impact statement is required to analyze only those probable adverse environmental impacts which are significant. Beneficial environmental impacts may be discussed. The responsible official shall consult with agencies and the public to identify such impacts and limit the scope of an environmental impact statement. The subjects listed in RCW 43.21C.030(2)(c) need not be treated as separate sections of an environmental impact statement. Discussions of significant short-term and long-term environmental impacts, significant irrevocable commitments of natural resources, significant alternatives including mitigation measures, and significant environmental impacts which cannot be mitigated should be consolidated or included, as applicable, in those sections of an environmental impact statement where the responsible official decides they logically belong.
     (((2)(a) For purposes of this section, a planned action means one or more types of project action that:
     (i) Are designated planned actions by an ordinance or resolution adopted by a county, city, or town planning under RCW 36.70A.040;
     (ii) Have had the significant impacts adequately addressed in an environmental impact statement prepared in conjunction with (A) a comprehensive plan or subarea plan adopted under chapter 36.70A RCW, or (B) a fully contained community, a master planned resort, a master planned development, or a phased project;
     (iii) Are subsequent or implementing projects for the proposals listed in (a)(ii) of this subsection;
     (iv) Are located within an urban growth area, as defined in RCW 36.70A.030;
     (v) Are not essential public facilities, as defined in RCW 36.70A.200; and
     (vi) Are consistent with a comprehensive plan adopted under chapter 36.70A RCW.
     (b) A county, city, or town shall limit planned actions to certain types of development or to specific geographical areas that are less extensive than the jurisdictional boundaries of the county, city, or town and may limit a planned action to a time period identified in the environmental impact statement or the ordinance or resolution adopted under this subsection.))

NEW SECTION.  Sec. 308   A new section is added to chapter 43.21C RCW to read as follows:
     (1) For purposes of this chapter, a planned action means one or more types of development or redevelopment that meet the following criteria:
     (a) Are designated as planned actions by an ordinance or resolution adopted by a county, city, or town planning under RCW 36.70A.040;
     (b) Have been subjected to environmental review under the requirements of this chapter in conjunction with, or to implement, a comprehensive plan or subarea plan adopted under chapter 36.70A RCW, or a fully contained community, a master planned resort, a master planned development, or a phased project;
     (c) Are subsequent or implementing projects for the proposals listed in (b) of this subsection;
     (d) Are located within an urban growth area designated pursuant to RCW 36.70A.110;
     (e) Are not essential public facilities, as defined in RCW 36.70A.200, unless an essential public facility is accessory to or part of a residential, office, school, commercial, recreational, service, or industrial development that is designated a planned action under this subsection; and
     (f) Are consistent with a comprehensive plan or subarea plan adopted under chapter 36.70A RCW.
     (2) A county, city, or town shall define the types of development included in the planned action or a specific geographical area that is less extensive than the jurisdictional boundaries of the county, city, or town, and may limit a planned action to a time period identified in the ordinance or resolution adopted under this subsection.
     (3) A county, city, or town shall determine during permit review whether a proposal is consistent with a planned action ordinance adopted by the jurisdiction. To determine project consistency with a planned action ordinance, a county, city, or town may utilize the environmental checklist, a modified checklist pursuant to the rules adopted to implement RCW 43.21C.110, a form that is designated within the planned action ordinance, or a form contained in agency rules adopted pursuant to RCW 43.21C.120. Except for impacts that are specifically deferred for consideration at the project level, a county, city, or town is not required to make a threshold determination and may not require additional environmental review for a proposal that is determined to be consistent with the development or redevelopment described in the planned action ordinance. The determination of consistency, and the adequacy of any environmental review that was specifically deferred, is subject to any administrative appeal that the county, city, or town provides consistent with RCW 36.70B.060.
     (4) A county, city, or town may recover its reasonable expenses of preparation of nonproject environmental documents prepared under subsection (1)(b) of this section through access to financial assistance under RCW 36.70A.490 or funding from private sources. In addition, a county, city, or town is authorized to recover a portion of its reasonable expenses of preparation of such nonproject environmental documents by the assessment of reasonable and proportionate fees upon subsequent development that is consistent with a planned action meeting the criteria of this section, as long as the development makes use of and benefits from, as described in subsection (3) of this section, the nonproject environmental documents prepared by the county, city, or town. Any assessment fees collected from subsequent development may be used to reimburse funding received from private sources. In order to collect such fees, the county, city, or town must enact an ordinance that sets forth objective standards for determining how the fees to be imposed upon each development will be proportionate to the impacts of each development and to the benefits accruing to each development from the nonproject environmental review. Any disagreement about the reasonableness or amount of the fees imposed upon a development may not be the basis for delay in issuance of a project permit for that development. The fee assessed by the county, city, or town may be paid with the written stipulation "paid under protest" and if the county, city, or town provides for an administrative appeal of its decision on the project for which the fees are imposed, any dispute about the amount of the fees must be resolved in the same administrative appeal process.

NEW SECTION.  Sec. 309   A new section is added to chapter 43.21C RCW to read as follows:
     (1)(a) A county, city, or town may adopt an ordinance to create a local environmental checklist. The local environmental checklist must be used to determine whether the environmental impacts of a proposal are significant and whether preparation of an environmental impact statement is required under this chapter.
     (b) A county, city, or town that adopts a local environmental checklist under this section is not required to use the environmental checklist adopted under RCW 43.21C.110. A local environmental checklist is not required to include every question contained in the environmental checklist adopted under RCW 43.21C.110, if the county, city, or town determines that the questions and determination of environmental impacts will be adequately analyzed and mitigated below a level of significance by other local, state, or federal laws and rules. A local environmental checklist may provide that some environmental impacts of a proposal are adequately covered by other statutes, ordinances, or rules that adequately address any environmental concerns such that an environmental impact statement is not required under this chapter.
     (2)(a) Prior to adopting a local environmental checklist under this section, a county, city, or town shall:
     (i) Make a determination that the local environmental checklist or other federal, state, or local statutes or rules adequately disclose or adequately addresses all environmental concerns contained in the environmental checklist adopted under RCW 43.21C.110; and
     (ii) Find that the local environmental checklist does not lessen environmental protection.
     (b) A local environmental checklist may contain questions or requests for information not included in the environmental checklist adopted under RCW 43.21C.110 if the information is needed by the county, city, or town to determine whether probable significant adverse environmental impacts would be adequately analyzed and mitigated below a level of significance by other local, state, or federal laws and rules and whether any remaining probable adverse environmental impacts of a proposal would be significant.
     (3) The adoption or amendment of an ordinance under this section may be appealed consistent with RCW 43.21C.075. The application of an ordinance adopted under this section is not subject to appeal under this chapter.

NEW SECTION.  Sec. 310   A new section is added to chapter 43.21C RCW to read as follows:
     (1)(a) Except as otherwise provided in this subsection (1), the proposed actions contained in subsections (2) and (3) of this section are categorically exempt from the requirements of this chapter if the proposed action is located within a county, city, or town planning under RCW 36.70A.040. If a proposed action is located in more than one county, city, or town, the lower of the agencies' adopted categorical exemption levels controls, regardless of which agency is the lead agency.
     (b) An ordinance or resolution may be adopted by a county, city, or town to establish lower exemption levels for specific geographic areas within the county, city, or town and remove the otherwise exempt proposed actions identified in subsections (2) and (3) of this section from being considered exempt.
     (2) Except as provided in subsection (1)(b) of this section, the following actions are categorically exempt from the requirements of this chapter if the proposed action is located within an urban growth area designated pursuant to RCW 36.70A.110:
     (a) The following are nonproject actions:
     (i) Amendments to development regulations that are required to ensure consistency with an adopted comprehensive plan pursuant to RCW 36.70A.040, where the comprehensive plan was previously subjected to environmental review pursuant to this chapter;
     (ii) Amendments to development regulations that are required to ensure consistency with a shoreline master program approved pursuant to RCW 90.58.090, where the shoreline master program was previously subjected to environmental review pursuant to this chapter;
     (iii) Amendments to development regulations that, upon implementation of a project action, will provide increased environmental protection, limited to the following:
     (A) Increased protections for critical areas, such as enhanced buffers or setbacks;
     (B) Increased vegetation retention or decreased impervious surface areas in shoreline jurisdiction; and
     (C) Increased vegetation retention or decreased impervious surface areas in critical areas;
     (iv) Amendments to technical codes adopted by a county, city, or town to ensure consistency with minimum standards contained in state law, including the following:
     (A) Building codes required by chapter 19.27 RCW;
     (B) Energy codes required by chapter 19.27A RCW; and
     (C) Electrical codes required by chapter 19.28 RCW.
     (b) The following are project actions:
     (i) The construction or location of single-family residential developments of fifty dwelling units or fewer;
     (ii) The construction or location of multifamily residential developments of eighty dwelling units or fewer;
     (iii) The construction of an office, school, commercial, recreational, service, or storage building with thirty thousand or fewer square feet of gross floor area, and with associated parking facilities designed for one hundred automobiles or fewer; and
     (iv) Any landfill or excavation of one thousand two hundred cubic yards or fewer of disturbed area throughout the total lifetime of the fill or excavation.
     (3) Except as provided in subsection (1)(b) of this section, the following types of construction are categorically exempt from the requirements of this chapter if the proposed action is located outside an urban growth area designated pursuant to RCW 36.70A.110:
     (a) The following are nonproject actions:
     (i) Amendments to development regulations that are required to ensure consistency with an adopted comprehensive plan pursuant to RCW 36.70A.040, where the comprehensive plan was previously subjected to environmental review pursuant to this chapter;
     (ii) Amendments to development regulations that are required to ensure consistency with a shoreline master program approved pursuant to RCW 90.58.090, where the shoreline master program was previously subjected to environmental review pursuant to this chapter;
     (iii) Amendments to development regulations that, upon implementation of a project action, will provide increased environmental protection, limited to the following:
     (A) Increased protections for critical areas such as enhanced buffers or setbacks;
     (B) Increased vegetation retention or decreased impervious surface areas in shoreline jurisdiction; and
     (C) Increased vegetation retention or decreased impervious surface areas in critical areas;
     (iv) Amendments to technical codes adopted by a county, city, or town to ensure consistency with minimum standards contained in state law, including the following:
     (A) Building codes required by chapter 19.27 RCW;
     (B) Energy codes required by chapter 19.27A RCW; and
     (C) Electrical codes required by chapter 19.28 RCW.
     (b) The following are project actions:
     (i) The construction or location of single-family residential developments of twenty-five dwelling units or fewer;
     (ii) Excluding feed lots, the construction of a barn, loafing shed, farm equipment storage building, produce storage or packing structure, or similar agricultural structure, covering up to fifty thousand square feet, and to be used only by the property owner or the property owner's agent in the conduct of farming the property;
     (iii) The construction of an office, school, commercial, recreational, service, or storage building with fifteen thousand or fewer square feet of gross floor area, and with associated parking facilities designed for fifty automobiles or fewer; and
     (iv) Any landfill or excavation of one thousand cubic yards or fewer of disturbed area throughout the total lifetime of the fill or excavation.

Sec. 311   RCW 36.70A.280 and 2011 c 360 s 17 are each amended to read as follows:
     (1) The growth management hearings board shall hear and determine only those petitions alleging either:
     (a) That, except as provided otherwise by this subsection, a state agency, county, or city planning under this chapter is not in compliance with the requirements of this chapter, chapter 90.58 RCW as it relates to the adoption of shoreline master programs or amendments thereto, or chapter 43.21C RCW as it relates to plans, development regulations, or amendments, adopted under RCW 36.70A.040 or chapter 90.58 RCW((. Nothing in this subsection authorizes the board to hear petitions alleging noncompliance with RCW 36.70A.5801));
     (b) That the twenty-year growth management planning population projections adopted by the office of financial management pursuant to RCW 43.62.035 should be adjusted;
     (c) That the approval of a work plan adopted under RCW 36.70A.735(1)(a) is not in compliance with the requirements of the program established under RCW 36.70A.710;
     (d) That regulations adopted under RCW 36.70A.735(1)(b) are not regionally applicable and cannot be adopted, wholly or partially, by another jurisdiction; or
     (e) That a department certification under RCW 36.70A.735(1)(c) is erroneous.
     (2) A petition may be filed only by: (a) The state, or a county or city that plans under this chapter; (b) ((a person who has participated orally or in writing before the county or city regarding the matter on which a review is being requested; (c))) a person who is certified by the governor within sixty days of filing the request with the board; or (((d))) (c) a person qualified pursuant to RCW 34.05.530.
     (3) For purposes of this section "person" means any individual, partnership, corporation, association, state agency, governmental subdivision or unit thereof, or public or private organization or entity of any character.
     (4) ((To establish participation standing under subsection (2)(b) of this section, a person must show that his or her participation before the county or city was reasonably related to the person's issue as presented to the board.
     (5))) When considering a possible adjustment to a growth management planning population projection prepared by the office of financial management, the board shall consider the implications of any such adjustment to the population forecast for the entire state.
     The rationale for any adjustment that is adopted by the board must be documented and filed with the office of financial management within ten working days after adoption.
     If adjusted by the board, a county growth management planning population projection shall only be used for the planning purposes set forth in this chapter and shall be known as the "board adjusted population projection." None of these changes shall affect the official state and county population forecasts prepared by the office of financial management, which shall continue to be used for state budget and planning purposes.

NEW SECTION.  Sec. 312   A new section is added to chapter 36.70B RCW to read as follows:
     (1)(a) Where the local government has a reasonable basis for determining significant adverse environmental impacts from the project are unlikely, the intent of this process is:
     (i) To combine the environmental review process, both procedural and substantive, with the procedure for review and action on project permits;
     (ii) To ensure that interested parties can provide informed comment or raise questions on a proposed development project early in the review process, thereby allowing cost-effective avoidance or mitigation of impacts through project design and other measures; and
     (iii) To provide for no more than one formal comment period, one open record hearing, and one closed record appeal, except as provided in subsection (4) of this section.
     (b) If a lead agency is a project proponent or is funding a project, it may conduct its review under chapter 43.21C RCW or allow appeals of procedural determinations prior to submitting a project permit application.
     (2)(a) It is the intent of this section to improve the local permit review process and facilitate complete and well-informed decision making. If an open record predecision hearing is required for the requested project permits, notice must be provided at least fifteen days prior to the open record hearing. The notice of application must include the following in whatever sequence or format the local government deems appropriate:
     (i) The date of application and the date of the notice;
     (ii) If the application is complete, the completeness date;
     (iii) A description of the proposed project action and a list of the project permits and reviews included in the application and, if applicable, a list of any studies; or other information submitted with the application;
     (iv) The identification of other permits required but not included in the application to the extent known by the local government;
     (v) The location where the application and related information can be reviewed;
     (vi) A statement of the opportunity for public comment including:
     (A) Identification of the comment period, which may be not less than fourteen nor more than thirty days following the date of notice;
     (B) Statements of the right of any person to comment on the application, receive notice of and participate in any hearings, request a copy of the decision once made, and any appeal rights;
     (C) A local government may accept public comments at any time prior to the closing of the record of an open record predecision hearing, if any, or, if no open record predecision hearing is provided, prior to the decision on the project permit;
     (vii) The date, time, place, and type of meeting or hearing, if applicable, and scheduled at the date of notice of the application;
     (viii) A statement of the preliminary determination, if one has been made at the time of notice, of:
     (A) Those development regulations that will be used for project mitigation;
     (B) Regulations of other agencies that will be relied upon for project mitigation; and
     (C) A description of impacts that may be addressed through the authority of chapter 43.21C RCW; and
     (ix) Any other information determined appropriate by the local government.
     (b) The provisions of this section do not preclude requesting additional information from the applicant as a result of project review.
     (c) No local government may make a final decision during the public comment period.
     (3) A local government shall provide notice to the public and agencies with jurisdiction. A local government may use its existing notice procedures and may provide different types of notice for different categories of project permits or types of project actions. At a minimum, the following methods must be used to provide a summary description of the proposal and identify means to access the full notice and the complete application for review:
     (a) Posting the property for site-specific proposals;
     (b) Publishing a summary notice in the newspaper of general circulation in the general area where the proposal is located or in a local land use bulletin published by the local government;
     (c) Providing notice to affected agencies and tribes, public or private groups with known interest in a certain proposal or in the type of proposal being considered, and when required by local ordinance, notice to neighboring property owners. This notice must be provided by one of the following:
     (i) Electronic mail notice where parties have provided electronic addresses; or
     (ii) Mailed paper notice where electronic addresses are not available;
     (d) Other methods established in local ordinances.
     (4) A local government shall integrate the permit procedures in this section with environmental review under chapter 43.21C RCW as follows:
     (a) A single integrated comment period must be used to obtain comments on the proposal and the expected threshold determination for the proposal.
     (b) Except for a determination of significance, the local government may not issue its threshold determination until the expiration of the public comment period.
     (c) If a local government has made a determination of significance, the scoping notice may be issued prior to the notice of application.
     (d) If an open record predecision hearing is required, the local government shall issue its threshold determination and any required recommendation at least fifteen days prior to the open record predecision hearing. A staff report must identify all mitigation required or proposed under development regulations, and mitigation required or proposed under the agency's authority under RCW 43.21C.060.
     (e) If an open record predecision hearing is not required, the local government shall issue the threshold determination in conjunction with any related land use decisions.
     (i) If no discretionary land use decisions are required, such as when decisions such as a building permit are the trigger for review under chapter 43.21C RCW, the local government may issue a use approval, which is considered an underlying action for purposes of any allowed appeal of the threshold determination.
     (ii) In cases where the local government is exercising the substantive authority of chapter 43.21C RCW to impose conditions or mitigate environmental impacts of the proposed project, those conditions must be explicitly identified in writing and made available with the notice of decision.
     (f) The responsible official may determine that an additional fourteen day comment period is necessary when information received during the comment period in (a) of this subsection has resulted in substantial changes to the project or the conditions of approval.
     (5)(a) A local government may decide whether to provide administrative appeals for decisions made pursuant to their development and environmental review codes. When an administrative appeal is provided, unless otherwise set forth or limited in local ordinance, the applicant for a project permit and any party who provided comment on a project permit application prior to the date a decision is issued have standing to file an administrative appeal.
     (b) Appeal of the project decision or use approval and of any environmental determination issued at the same time as the project decision or use approval must be commenced within the time periods as set forth in (d) of this subsection.
     (c) Where an open record predecision hearing is provided prior to the decision on a project permit, and where the threshold determination has been made as required in subsection (4) of this section, the open record predecision hearing officer shall make a final procedural decision on any appeal of the threshold determination. If an appeal of the project decision from the hearing officer is allowed, a single closed record appeal must be provided before one decision-making body or officer. The appropriate use or lack of use of substantive authority under chapter 43.21C RCW may be considered during the closed record appeal.
     (d) An administrative appeal of the project decision and of any environmental determination issued at the same time as the project decision must be filed within fourteen days after the notice of the decision or after other notice that the decision has been made and is appealable, except when a thirty day notice is required pursuant to chapter 90.58 RCW.
     (i) If the responsible official has provided for an additional fourteen day comment period under subsection (4)(f) of this section, an administrative appeal must be filed within fourteen days after the conclusion of that comment period.
     (ii) If the applicant is the only party with standing to file an administrative appeal, the applicant may waive the right of appeal in writing and the appeal period will be curtailed and the project review process will be concluded.

Sec. 313   RCW 43.21C.010 and 2009 c 549 s 5095 are each amended to read as follows:
     The purposes of this chapter are to: (1) ((To)) Declare a state policy which will encourage productive and enjoyable harmony between humankind and the environment; (2) ((to)) promote efforts which will prevent or eliminate damage to the environment and biosphere; (3) ((and [to])) stimulate the health and welfare of human beings; and (4) ((to)) enrich the understanding of the ecological systems and natural resources important to the state and nation.

Sec. 314   RCW 43.21C.030 and 2010 c 8 s 7002 are each amended to read as follows:
     The legislature authorizes and directs that, to the fullest extent possible: (1) The policies, regulations, and laws of the state of Washington shall be interpreted and administered in accordance with the policies set forth in this chapter, and (2) all branches of government of this state, including state agencies, municipal and public corporations, and counties shall:
     (a) Utilize a systematic, interdisciplinary approach which will ((insure)) ensure the integrated use of the natural and social sciences and the environmental design arts in planning and in decision making which may have an impact on the environment;
     (b) Identify and develop methods and procedures, in consultation with the department of ecology and the ((ecological commission)) council on environmental policy, which will ((insure)) ensure that presently unquantified environmental amenities and values will be given appropriate consideration in decision making along with economic and technical considerations;
     (c) Include in every recommendation or report on proposals for legislation and other major actions significantly affecting the quality of the environment, a detailed statement by the responsible official on:
     (i) The environmental impact of the proposed action;
     (ii) Any adverse environmental effects which cannot be avoided should the proposal be implemented;
     (iii) Alternatives to the proposed action;
     (iv) The relationship between local short-term uses of the environment and the maintenance and enhancement of long-term productivity; and
     (v) Any irreversible and irretrievable commitments of resources which would be involved in the proposed action should it be implemented;
     (d) Prior to making any detailed statement, the responsible official shall consult with and obtain the comments of any public agency which has jurisdiction by law or special expertise with respect to any environmental impact involved. Copies of such statement and the comments and views of the appropriate federal, province, state, and local agencies, which are authorized to develop and enforce environmental standards, shall be made available to the governor, the department of ecology, the ((ecological commission)) council on environmental policy, and the public, and shall accompany the proposal through the existing agency review processes;
     (e) Study, develop, and describe appropriate alternatives to recommended courses of action in any proposal which involves unresolved conflicts concerning alternative uses of available resources;
     (f) Recognize the worldwide and long-range character of environmental problems and, where consistent with state policy, lend appropriate support to initiatives, resolutions, and programs designed to maximize international cooperation in anticipating and preventing a decline in the quality of the world environment;
     (g) Make available to the federal government, other states, provinces of Canada, municipalities, institutions, and individuals, advice and information useful in restoring, maintaining, and enhancing the quality of the environment;
     (h) Initiate and utilize ecological information in the planning and development of natural resource-oriented projects.

Sec. 315   RCW 43.21C.033 and 1995 c 347 s 422 are each amended to read as follows:
     (1) Except as provided in subsection (2) of this section, the responsible official shall make a threshold determination on a completed application within ninety days after the application and supporting documentation are complete. The applicant may request an additional thirty days for the threshold determination. The governmental entity responsible for making the threshold determination shall by rule, resolution, or ordinance adopt standards, consistent with rules adopted by the ((department)) council on environmental policy to implement this chapter, for determining when an application and supporting documentation are complete.
     (2) This section shall not apply to a city, town, or county that:
     (a) By ordinance adopted prior to April 1, 1992, has adopted procedures to integrate permit and land use decisions with the requirements of this chapter; or
     (b) Is planning under RCW 36.70A.040 and is subject to the requirements of RCW 36.70B.090.

Sec. 316   RCW 43.21C.036 and 1994 c 257 s 21 are each amended to read as follows:
     In conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued pursuant to chapter 70.105D RCW, or if conducted by the department of ecology, the ((department of ecology)) council on environmental policy to the maximum extent practicable shall integrate the procedural requirements and documents of this chapter with the procedures and documents under chapter 70.105D RCW. Such integration shall at a minimum include the public participation procedures of chapter 70.105D RCW and the public notice and review requirements of this chapter.

Sec. 317   RCW 43.21C.0382 and 2003 c 39 s 23 are each amended to read as follows:
     Decisions pertaining to watershed restoration projects as defined in RCW 89.08.460 are not subject to the requirements of RCW 43.21C.030(2)(c). Decisions pertaining to fish habitat enhancement projects meeting the criteria of ((RCW 77.55.290(1) and being reviewed and approved according to the provisions of RCW 77.55.290)) and approved under RCW 77.55.181 are not subject to the requirements of RCW 43.21C.030(2)(c).

Sec. 318   RCW 43.21C.0383 and 2008 c 37 s 2 are each amended to read as follows:
     The following waste discharge permit actions are not subject to the requirements of RCW 43.21C.030(2)(c):
     (1) For existing discharges, the issuance, reissuance, or modification of a waste discharge permit that contains conditions no less stringent than federal effluent limitations and state rules;
     (2) The issuance of a construction storm water general permit under chapter 90.48 RCW for a proposal disturbing less than five acres. The exemption in this subsection does not apply if, under rules adopted by the ((department of ecology)) council on environmental policy, the proposal would otherwise be subject to the requirements of RCW 43.21C.030(2)(c).

Sec. 319   RCW 43.21C.0384 and 1996 c 323 s 2 are each amended to read as follows:
     (1) Decisions pertaining to applications to site personal wireless service facilities are not subject to the requirements of RCW 43.21C.030(2)(c), if those facilities meet the following requirements:
     (a)(i) The facility to be sited is a microcell and is to be attached to an existing structure that is not a residence or school and does not contain a residence or a school; or (ii) the facility includes personal wireless service antennas, other than a microcell, and is to be attached to an existing structure (that may be an existing tower) that is not a residence or school and does not contain a residence or a school, and the existing structure to which it is to be attached is located in a commercial, industrial, manufacturing, forest, or agricultural zone; or (iii) the siting project involves constructing a personal wireless service tower less than sixty feet in height that is located in a commercial, industrial, manufacturing, forest, or agricultural zone; and
     (b) The project is not in a designated environmentally sensitive area; and
     (c) The project does not consist of a series of actions: (i) Some of which are not categorically exempt; or (ii) that together may have a probable significant adverse environmental impact.
     (2) The ((department of ecology)) council on environmental policy shall adopt rules to create a categorical exemption for microcells and other personal wireless service facilities that meet the conditions set forth in subsection (1) of this section.
     (3) For the purposes of this section:
     (a) "Personal wireless services" means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined by federal laws and regulations.
     (b) "Personal wireless service facilities" means facilities for the provision of personal wireless services.
     (c) "Microcell" means a wireless communication facility consisting of an antenna that is either: (i) Four feet in height and with an area of not more than five hundred eighty square inches; or (ii) if a tubular antenna, no more than four inches in diameter and no more than six feet in length.

Sec. 320   RCW 43.21C.060 and 1983 c 117 s 3 are each amended to read as follows:
     (1) The policies and goals set forth in this chapter are supplementary to those set forth in existing authorizations of all branches of government of this state, including state agencies, municipal and public corporations, and counties.
     (2) Any governmental action may be conditioned or denied pursuant to this chapter((: PROVIDED, That)). Such conditions or denials shall be based upon policies identified by the appropriate governmental authority and incorporated into regulations, plans, or codes which are formally designated by the agency, ((())or appropriate legislative body, in the case of local government(())), as possible bases for the exercise of authority pursuant to this chapter. Such designation shall occur at the time specified by RCW 43.21C.120. Such action may be conditioned only to mitigate specific adverse environmental impacts which are identified in the environmental documents prepared under this chapter. These conditions shall be stated in writing by the decision maker. Mitigation measures shall be reasonable and capable of being accomplished.
     (3) In order to deny a proposal under this chapter, an agency must find that: (((1))) (a) The proposal would result in significant adverse impacts identified in a final or supplemental environmental impact statement prepared under this chapter; and (((2))) (b) reasonable mitigation measures are insufficient to mitigate the identified impact.
     (4) Except for permits and variances issued pursuant to chapter 90.58 RCW, when such a governmental action, not requiring a legislative decision, is conditioned or denied by a nonelected official of a local governmental agency, the decision shall be appealable to the legislative authority of the acting local governmental agency unless that legislative authority formally eliminates such appeals. Such appeals shall be in accordance with procedures established for such appeals by the legislative authority of the acting local governmental agency.

Sec. 321   RCW 43.21C.120 and 1983 c 117 s 8 are each amended to read as follows:
     (1) All agencies of government of this state are directed, consistent with rules and guidelines adopted under RCW 43.21C.110, including any revisions, to adopt rules pertaining to the integration of the policies and procedures of this chapter (the state environmental policy act of 1971), into the various programs under their jurisdiction for implementation. Designation of ((polices [policies])) policies under RCW 43.21C.060 and adoption of rules required under this section shall take place not later than one hundred eighty days after the effective date of rules and guidelines adopted pursuant to RCW 43.21C.110, or after the establishment of an agency, whichever shall occur later.
     (2) Rules adopted by state agencies under subsection (1) of this section shall be adopted in accordance with the provisions of chapter 34.05 RCW ((and shall be subject to the review procedures of RCW 34.05.538 and 34.05.240)).
     (3) All public and municipal corporations, political subdivisions, and counties of this state are directed, consistent with rules and guidelines adopted under RCW 43.21C.110, including any revisions, to adopt rules, ordinances, or resolutions pertaining to the integration of the policies and procedures of this chapter (the state environmental policy act of 1971), into the various programs under their jurisdiction for implementation. Designation of policies under RCW 43.21C.060 and adoption of the rules required under this section shall take place not later than one hundred eighty days after the effective date of rules and guidelines adopted pursuant to RCW 43.21C.110, or after the establishment of the governmental entity, whichever shall occur later.
     (4) Ordinances or regulations adopted prior to the effective date of rules and guidelines adopted pursuant to RCW 43.21C.110 shall continue to be effective until the adoptions of any new or revised ordinances or regulations which may be required((: PROVIDED, That)) as long as revisions required by this section as a result of rule changes under RCW 43.21C.110 are made within the time limits specified by this section.

Sec. 322   RCW 43.21C.130 and 1974 ex.s. c 179 s 10 are each amended to read as follows:
     The ((department of ecology)) council on environmental policy, in consultation with concerned state agencies, shall with the assistance of the associations of county prosecutors and city attorneys, the association of county elected officials, the Washington state association of counties, and the association of cities, draft model ordinances for use by counties, cities and towns in drafting their ordinances under this chapter.

Sec. 323   RCW 43.21C.135 and 1975-'76 2nd ex.s. c 99 s 1 are each amended to read as follows:
     (1) All public and municipal corporations, political subdivisions, and counties of the state are authorized to adopt rules, ordinances, and resolutions which incorporate any of the following by reference to the appropriate sections of the Washington Administrative Code:
     (a) Rules and guidelines adopted under RCW 43.21C.110(1) in accordance with the administrative procedure act, chapter 34.05 RCW;
     (b) Model ordinances adopted by the ((department of ecology)) council on environmental policy under RCW 43.21C.130 in accordance with the administrative procedure act, chapter 34.05 RCW.
     (2) If any rule, ordinance, or resolution is adopted by reference pursuant to subsection (1) of this section, any publication of such rule, ordinance, or resolution shall be accompanied by a summary of the contents of the sections of the Washington Administrative Code referred to. Such summaries shall be provided to the adopting units of local government by the department of ecology((: PROVIDED, That)). Any proposal for a rule, ordinance, or resolution which would adopt by reference rules and guidelines or model ordinances pursuant to this section shall be accompanied by the full text of the material to be adopted which need not be published but shall be maintained on file for public use and examination.
     (3) Whenever any rule, ordinance, or resolution is adopted by reference pursuant to subsection (1) of this section, the corporation, political subdivision, or county of the state adopting the rule, ordinance, or resolution shall maintain on file for public use and examination not less than three copies of the sections of the Washington Administrative Code referred to.

Sec. 324   RCW 43.21C.240 and 2003 c 298 s 2 are each amended to read as follows:
     (1) If the requirements of subsection (2) of this section are satisfied, a county, city, or town reviewing a project action shall determine that the requirements for environmental analysis, protection, and mitigation measures in the county, city, or town's development regulations and comprehensive plans adopted under chapter 36.70A RCW, and in other applicable local, state, or federal laws and rules provide adequate analysis of and mitigation for the specific adverse environmental impacts of the project action to which the requirements apply. Rules adopted ((by the department according to)) under RCW 43.21C.110 regarding project specific impacts that may not have been adequately addressed apply to any determination made under this section. In these situations, in which all adverse environmental impacts will be mitigated below the level of significance as a result of mitigation measures included by changing, clarifying, or conditioning of the proposed action and/or regulatory requirements of development regulations adopted under chapter 36.70A RCW or other local, state, or federal laws, a determination of nonsignificance or a mitigated determination of nonsignificance is the proper threshold determination.
     (2) A county, city, or town shall make the determination provided for in subsection (1) of this section if:
     (a) In the course of project review, including any required environmental analysis, the local government considers the specific probable adverse environmental impacts of the proposed action and determines that these specific impacts are adequately addressed by the development regulations or other applicable requirements of the comprehensive plan, subarea plan element of the comprehensive plan, or other local, state, or federal rules or laws; and
     (b) The local government bases or conditions its approval on compliance with these requirements or mitigation measures.
     (3) If a county, city, or town's comprehensive plans, subarea plans, and development regulations adequately address a project's probable specific adverse environmental impacts, as determined under subsections (1) and (2) of this section, the county, city, or town shall not impose additional mitigation under this chapter during project review. Project review shall be integrated with environmental analysis under this chapter.
     (4) A comprehensive plan, subarea plan, or development regulation shall be considered to adequately address an impact if the county, city, or town, through the planning and environmental review process under chapter 36.70A RCW and this chapter, has identified the specific adverse environmental impacts and:
     (a) The impacts have been avoided or otherwise mitigated; or
     (b) The legislative body of the county, city, or town has designated as acceptable certain levels of service, land use designations, development standards, or other land use planning required or allowed by chapter 36.70A RCW.
     (5) In deciding whether a specific adverse environmental impact has been addressed by an existing rule or law of another agency with jurisdiction with environmental expertise with regard to a specific environmental impact, the county, city, or town shall consult orally or in writing with that agency and may expressly defer to that agency. In making this deferral, the county, city, or town shall base or condition its project approval on compliance with these other existing rules or laws.
     (6) Nothing in this section limits the authority of an agency in its review or mitigation of a project to adopt or otherwise rely on environmental analyses and requirements under other laws, as provided by this chapter.
     (7) This section shall apply only to a county, city, or town planning under RCW 36.70A.040.

Sec. 325   RCW 43.21C.300 and 1983 c 117 s 9 are each amended to read as follows:
     The department of ecology shall conduct annual statewide workshops and publish, upon approval of the council on environmental policy, an annual state environmental policy act handbook or supplement to assist persons in complying with the provisions of this chapter and the implementing rules. The workshops and handbook shall include, but not be limited to, measures to assist in preparation, processing, and review of environmental documents, relevant court decisions affecting this chapter or rules adopted under this chapter, legislative changes to this chapter, administrative changes to the rules, and any other information which will assist in orderly implementation of this chapter and rules.
     The department shall develop the handbook and conduct the workshops in cooperation with, but not limited to, state agencies, the association of Washington cities, the Washington association of counties, educational institutions, and other groups or associations interested in the state environmental policy act.

NEW SECTION.  Sec. 326   The following acts or parts of acts are each repealed:
     (1) RCW 36.70B.110 (Notice of application -- Required elements--Integration with other review procedures -- Administrative appeals) and 1997 c 429 s 48, 1997 c 396 s 1, & 1995 c 347 s 415;
     (2) RCW 43.21C.175 (Council on environmental policy -- Personnel) and 1974 ex.s. c 179 s 5;
     (3) RCW 43.21C.160 (Utilization of statement prepared under RCW 43.21C.030 to implement chapter 90.62 RCW -- Utilization of chapter 90.62 RCW procedures to satisfy RCW 43.21C.030(2)(c)) and 1974 ex.s. c 179 s 13; and
     (4) RCW 43.21C.040 (Examination of laws, regulations, policies by state agencies and local authorities -- Report of deficiencies and corrective measures) and 1971 ex.s. c 109 s 4.

NEW SECTION.  Sec. 327   The following sections are decodified from the Revised Code of Washington:
     (1) RCW 43.21C.910;
     (2) RCW 43.21C.911;
     (3) RCW 43.21C.912;
     (4) RCW 43.21C.913; and
     (5) RCW 43.21C.914.