BILL REQ. #: S-0526.2
| State of Washington | 63rd Legislature | 2013 Regular Session |
Read first time 02/15/13. Referred to Committee on Trade & Economic Development.
AN ACT Relating to projects of statewide significance for economic development and transportation; amending RCW 43.157.005, 43.157.020, and 43.157.030; and reenacting and amending RCW 43.157.010.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 43.157.005 and 2009 c 421 s 1 are each amended to read
as follows:
The legislature declares that certain private investments, such as
investments for industrial development, transportation, environmental
improvement, and innovation activities, merit special designation ((and
treatment by governmental bodies when they are proposed)) as projects
of statewide significance. Such investments bolster the economies of
their locale and impact the economy of the state as a whole. It is the
intention of the legislature to recognize projects of statewide
significance, to provide a mechanism for local governments and state
and federal agencies to perform a coordinated and comprehensive review
of such projects, and to encourage ((local governments and state
agencies to expedite)) their expeditious completion.
Sec. 2 RCW 43.157.010 and 2012 c 63 s 2 are each reenacted and
amended to read as follows:
The definitions in this section apply throughout this chapter and
RCW 28A.525.166, ((28B.76.210, 28C.18.080,)) 43.21A.350, and 90.58.100,
unless the context clearly requires otherwise:
(1) "Applicant" means a person applying to the department for
designation of a development project as a project of statewide
significance.
(2) "Aviation biofuels production facility" means a facility
primarily for the processing of nonfossil biogenic feedstocks to
produce aviation fuels that meet the fuel quality technical standards
of the American society for testing materials for aviation fuels and
coproducts.
(3) "Department" means the department of commerce.
(4) "Manufacturing" ((shall have)) has the meaning assigned it in
RCW 82.62.010.
(5)(a) "Project of statewide significance" means:
(i) A border crossing project that involves both private and public
investments carried out in conjunction with adjacent states or
provinces;
(ii) A development project that will provide a net environmental
benefit to the state or a region of the state;
(iii) A development project in furtherance of the commercialization
of innovations;
(iv) A private industrial development with private capital
investment in manufacturing, basic commodity transportation, energy
development, conservation or efficiency, or research and development;
or
(v) An aviation biofuels production facility.
(b) To qualify for designation under RCW 43.157.030 as a project of
statewide significance:
(i) The project must be completed after January 1, 2009;
(ii) The applicant must submit an application to the department for
designation as a project of statewide significance to the department of
commerce; and
(iii) Except for an aviation biofuels production facility, the
project must have:
(A) In counties with a population less than or equal to twenty
thousand, a capital investment of five million dollars;
(B) In counties with a population greater than twenty thousand but
no more than fifty thousand, a capital investment of ten million
dollars;
(C) In counties with a population greater than fifty thousand but
no more than one hundred thousand, a capital investment of fifteen
million dollars;
(D) In counties with a population greater than one hundred thousand
but no more than two hundred thousand, a capital investment of twenty
million dollars;
(E) In counties with a population greater than two hundred thousand
but no more than four hundred thousand, a capital investment of thirty
million dollars;
(F) In counties with a population greater than four hundred
thousand but no more than one million, a capital investment of forty
million dollars;
(G) In counties with a population greater than one million, a
capital investment of fifty million dollars;
(H) In rural counties as defined by RCW 82.14.370, projected full-time employment positions after completion of construction of ((fifty))
thirty or greater;
(I) In counties other than rural counties as defined by RCW
82.14.370, projected full-time employment positions after completion of
construction of ((one hundred)) seventy or greater; ((or))
(J) If the project will create jobs in both rural and nonrural
counties, projected full-time employment positions after completion of
construction of seventy or greater; or
(K) Been qualified by the director of the department as a project
of statewide significance either because:
(I) The economic circumstances of the county or region merit the
additional assistance such designation will bring;
(II) The impact on a county or region due to the size and
complexity of the project merits such designation;
(III) The project resulted from or is in furtherance of innovation
activities at a public research institution in the state or is in or
resulted from innovation activities within an innovation partnership
zone; or
(IV) The project will provide a net environmental benefit as
evidenced by plans for design and construction under green building
standards or for the creation of renewable energy technology or
components or under other environmental criteria established by the
director in consultation with the director of the department of
ecology.
(c) A project may be qualified under (b)(iii)(K) of this subsection
(5)(((b)(iii)(J))) only after consultation on the availability of staff
resources of the office of regulatory assistance.
(6) "Research and development" ((shall have)) has the meaning
assigned it in RCW 82.62.010.
Sec. 3 RCW 43.157.020 and 2009 c 421 s 3 are each amended to read
as follows:
Counties and cities with development projects designated as
projects of statewide significance within their jurisdictions ((shall))
must enter into an agreement with the office of regulatory assistance
and the project managers of projects of statewide significance for:
Expediting the completion of a project((s)) of statewide significance;
and completing a coordinated and comprehensive review of a project of
statewide significance. The agreement ((shall)) must require:
(1) Expedited permit processing for the design and construction of
the project;
(2) Expedited environmental review processing;
(3) Expedited and consolidated processing of requests for street,
right-of-way, ((or)) easement vacations, or other local administrative
permits necessary for the construction of the project;
(4) Participation of local officials on the team assembled under
the requirements of RCW 43.157.030(2)(b); and
(5) Such other actions or items as are deemed necessary by the
office of regulatory assistance for the design and construction of the
project but that do not alter any agency or local government permitting
authority or other existing statutory requirements.
Sec. 4 RCW 43.157.030 and 2009 c 421 s 4 are each amended to read
as follows:
(1) The department of ((community, trade, and economic development
shall)) commerce must:
(a) Develop an application for designation of development projects
as projects of statewide significance. ((The application must be
accompanied by a letter of approval from the legislative authority of
any jurisdiction that will have the proposed project of statewide
significance within its boundaries. No designation of a project as a
project of statewide significance shall be made without such letter of
approval. The letter of approval must state that the jurisdiction
joins in the request for the designation of the project as one of
statewide significance and has or will hire the professional staff that
will be required to expedite the processes necessary to the completion
of a project of statewide significance.)) Upon the proponents'
application, the legislative authority of any jurisdiction that will
have the proposed project, or a portion of the project, of statewide
significance within its boundaries must provide a letter stating
whether the jurisdiction joins in the request for the designation of
the project as one of statewide significance and has or will hire the
professional staff to expedite the processes necessary to the
completion of the project. The development project proponents may
provide the funding necessary for the jurisdiction to hire the
professional staff that will be required to so expedite. The
application ((shall)) must contain information regarding the location
of the project, the applicant's average employment in the state for the
prior year, estimated new employment related to the project, estimated
wages of employees related to the project, estimated time schedules for
completion and operation, and other information required by the
department; and
(b) Designate a development project as a project of statewide
significance if the department determines:
(i) After review of the application under criteria adopted by rule,
the development project will provide significant economic benefit to
the local or state economy, or both, the project is aligned with the
state's comprehensive plan for economic development under RCW
43.162.020, and, by its designation, the project will not prevent equal
consideration of all categories of proposals under RCW 43.157.010; and
(ii) The development project meets or will meet the requirements of
RCW 43.157.010 regarding designation as a project of statewide
significance.
(2) The office of regulatory assistance ((shall)) must assign a
project facilitator or coordinator to each project of statewide
significance to:
(a) Assist in the scoping and coordinating functions provided for
in chapter 43.42 RCW;
(b) Assemble a team of state and local government and private
officials to help meet the planning, permitting, and development needs
of each project, which team ((shall)) must include those responsible
for planning, permitting and licensing, infrastructure development,
workforce development services including higher education,
transportation services, and the provision of utilities; and
(c) Work with each team member to expedite their actions in
furtherance of the project.