BILL REQ. #:  H-2754.2 

Prefiled 12/02/13. Read first time 01/13/14.   Referred to Committee on Environment.

     AN ACT Relating to applying federal environmental review and protection requirements to transportation projects conducted by or for the department of transportation; amending RCW 90.48.260; adding a new section to chapter 36.70A RCW; adding a new section to chapter 90.58 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature finds that the federal government has created extensive rules and regulations related to environmental protection so that duplicative state rules and regulations on the same issues are more burdensome than productive. It is the intent of the legislature to provide cost reductions on transportation projects by applying federal standards without additional state requirements to transportation projects.

NEW SECTION.  Sec. 2   A new section is added to chapter 36.70A RCW to read as follows:
     Comprehensive plans and development regulations adopted in accordance with this chapter do not require modification of or limit transportation projects, as defined in RCW 47.29.020, conducted by or for the Washington state department of transportation that comply with applicable federal environmental review requirements or protection requirements, or both.

NEW SECTION.  Sec. 3   A new section is added to chapter 90.58 RCW to read as follows:
     Guidelines adopted by the department and master programs developed or amended by local governments in accordance with RCW 90.58.080 do not require modification of or limit transportation projects, as defined in RCW 47.29.020, conducted by or for the Washington state department of transportation that comply with applicable federal environmental review requirements or protection requirements, or both.

Sec. 4   RCW 90.48.260 and 2012 1st sp.s. c 1 s 313 are each amended to read as follows:
     (1) The department of ecology is hereby designated as the state water pollution control agency for all purposes of the federal clean water act as it exists on February 4, 1987, and is hereby authorized to participate fully in the programs of the act as well as to take all action necessary to secure to the state the benefits and to meet the requirements of that act. With regard to the national estuary program established by section 320 of that act, the department shall exercise its responsibility jointly with the Puget Sound partnership, created in RCW 90.71.210. The department of ecology may delegate its authority under this chapter, including its national pollutant discharge elimination permit system authority and duties regarding animal feeding operations and concentrated animal feeding operations, to the department of agriculture through a memorandum of understanding. Until any such delegation receives federal approval, the department of agriculture's adoption or issuance of animal feeding operation and concentrated animal feeding operation rules, permits, programs, and directives pertaining to water quality shall be accomplished after reaching agreement with the director of the department of ecology. Adoption or issuance and implementation shall be accomplished so that compliance with such animal feeding operation and concentrated animal feeding operation rules, permits, programs, and directives will achieve compliance with all federal and state water pollution control laws. The powers granted herein include, among others, and notwithstanding any other provisions of this chapter or otherwise, the following:
     (a) Complete authority to establish and administer a comprehensive state point source waste discharge or pollution discharge elimination permit program which will enable the department to qualify for full participation in any national waste discharge or pollution discharge elimination permit system and will allow the department to be the sole agency issuing permits required by such national system operating in the state of Washington subject to the provisions of RCW 90.48.262(2). Program elements authorized herein may include, but are not limited to: (i) Effluent treatment and limitation requirements together with timing requirements related thereto; (ii) applicable receiving water quality standards requirements; (iii) requirements of standards of performance for new sources; (iv) pretreatment requirements; (v) termination and modification of permits for cause; (vi) requirements for public notices and opportunities for public hearings; (vii) appropriate relationships with the secretary of the army in the administration of his or her responsibilities which relate to anchorage and navigation, with the administrator of the environmental protection agency in the performance of his or her duties, and with other governmental officials under the federal clean water act; (viii) requirements for inspection, monitoring, entry, and reporting; (ix) enforcement of the program through penalties, emergency powers, and criminal sanctions; (x) a continuing planning process; and (xi) user charges.
     (b) The power to establish and administer state programs in a manner which will ensure the procurement of moneys, whether in the form of grants, loans, or otherwise; to assist in the construction, operation, and maintenance of various water pollution control facilities and works; and the administering of various state water pollution control management, regulatory, and enforcement programs.
     (c) The power to develop and implement appropriate programs pertaining to continuing planning processes, area-wide waste treatment management plans, and basin planning.
     (2) The governor shall have authority to perform those actions required of him or her by the federal clean water act.
     (3) By July 31, 2012, the department shall:
     (a) Reissue without modification and for a term of one year any national pollutant discharge elimination system municipal storm water general permit applicable to western Washington municipalities first issued on January 17, 2007; and
     (b) Issue an updated national pollutant discharge elimination system municipal storm water general permit applicable to western Washington municipalities for any permit first issued on January 17, 2007. An updated permit issued under this subsection shall become effective beginning August 1, 2013.
     (i) Provisions of the updated permit issued under (b) of this subsection relating to new requirements for low-impact development and review and revision of local development codes, rules, standards, or other enforceable documents to incorporate low-impact development principles must be implemented simultaneously. These requirements may go into effect no earlier than December 31, 2016, or the time of the scheduled update under RCW 36.70A.130(5), as existing on July 10, 2012, whichever is later.
     (ii) Provisions of the updated permit issued under (b) of this subsection related to increased catch basin inspection and illicit discharge detection frequencies and application of new storm water controls to projects smaller than one acre may go into effect no earlier than December 31, 2016, or the time of the scheduled update under RCW 36.70A.130(5), as existing on July 10, 2012, whichever is later.
     (4) By July 31, 2012, the department shall:
     (a) Reissue without modification and for a term of two years any national pollutant discharge elimination system municipal storm water general permit applicable to eastern Washington municipalities first issued on January 17, 2007; and
     (b) Issue an updated national pollutant discharge elimination system municipal storm water general permit for any permit first issued on January 17, 2007, applicable to eastern Washington municipalities. An updated permit issued under this subsection becomes effective August 1, 2014.
     (5) The department may not adopt or maintain any rule that includes, or includes in any permit, a requirement under this chapter that is applicable to transportation projects, as defined in RCW 47.29.020, conducted by or for the Washington state department of transportation if the requirement is more stringent than would be required for a similar project in an abutting jurisdiction that is subject to the federal clean water act. If a rule of the department, or a condition of a department permit, applies to more than just transportation projects, this subsection only applies as that rule or permit requirement affects the transportation project.