1893-S2.E AMS FRAS S2918.2
E2SHB 1893 - S AMD - 473
By Senators Fraser, Swecker, B. Sheldon and Spanel
ADOPTED 4/23/99
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. The legislature finds that facilitating the environmental permit process will increase citizen satisfaction and compliance with state and local permit requirements. Lack of coordination in the processing of permit applications causes costly delays and frustration to the applicant. The public deserves a clear, predictable system for land-use decisions. The legislature also finds that permit issuance can be expedited by requiring state agencies and local jurisdictions to coordinate their permit processes.
Sec. 2. RCW 58.17.095 and 1986 c 233 s 1 are each amended to read as follows:
(1)
A county, city, or town may adopt an ordinance providing for the administrative
review of a preliminary plat without a public hearing ((by adopting an
ordinance providing for such administrative review)). The ordinance may
specify a threshold number of lots in a subdivision above which a public
hearing must be held, and may specify other factors which necessitate the
holding of a public hearing. ((The administrative review process shall
include the))
(2) If the county, city, or town has not adopted consolidated permitting procedures and time frames as provided in chapter 36.70B RCW, it shall conduct administrative review of preliminary plats consistent with the following minimum conditions:
(((1)))
(a) The notice requirements of RCW 58.17.090 shall be followed, except
that the publication shall be made within ten days of the filing of the
application. Additionally, at least ten days after the filing of the
application notice both shall be: (((a))) (i) Posted on or
around the land proposed to be subdivided in at least five conspicuous places
designed to attract public awareness of the proposal; and (((b))) (ii)
mailed to the owner of each lot or parcel of property located within at least
three hundred feet of the site. The applicant shall provide the county, city,
or town with a list of such property owners and their addresses. The notice
shall include notification that no public hearing will be held on the
application, except as provided by this section. The notice shall set out the
procedures and time limitations for persons to require a public hearing and
make comments.
(((2)))
(b) Any person shall have a period of twenty days from the date of the
notice to comment upon the proposed preliminary plat. All comments received
shall be provided to the applicant. The applicant has seven days from receipt
of the comments to respond thereto.
(((3)))
(c) A public hearing on the proposed subdivision shall be held if any
person files a request for a hearing with the county, city, or town within
twenty-one days of the publishing of such notice. If such a hearing is
requested, notice requirements for the public hearing shall be in conformance
with RCW 58.17.090, and the ninety-day period for approval or disapproval of
the proposed subdivision provided for in RCW 58.17.140 shall commence with the
date of the filing of the request for a public hearing. Any hearing ordered
under this subsection shall be conducted by the planning commission or hearings
officer as required by county or city ordinance.
(((4)))
(d) On its own initiative within twenty-one days of the filing of the
request for approval of the subdivision, the governing body, or a designated
employee or official, of the county, city, or town, shall be authorized to
cause a public hearing to be held on the proposed subdivision within ninety
days of the filing of the request for the subdivision.
(((5)))
(e) If the public hearing is waived as provided in this section, the
planning commission or planning agency shall complete the review of the
proposed preliminary plat and transmit its recommendation to the legislative
body as provided in RCW 58.17.100.
(3) If the county, city, or town has adopted consolidated permitting procedures and time frames as provided in chapter 36.70B RCW, it may conduct administrative review of preliminary plats consistent with its procedures and time frames. At a minimum, local permitting procedures and time frames related to administrative review of preliminary plats shall provide for:
(a) Notice of application by publication, posting, and mailing. All forms of notice shall include a prominent statement that no public hearing will be held on the application, except as provided by this section. All forms of notice shall clearly state procedures and time frames for persons to make comments on the proposal and request a public hearing.
(b) Written comments on the application by any person. Comments received shall be provided to the applicant, and the applicant shall be provided seven days from receipt of the comments to respond thereto.
(c) A public hearing on the application if any person files a request for a hearing within the time frame specified. If a hearing is requested, notice requirements for the public hearing and the time frame for approval or disapproval of the application shall be consistent with other local permitting procedures. Any hearing conducted under this subsection shall be conducted by the planning commission or hearing officer as required by local ordinance.
(d) A public hearing on the application if the legislative or executive branch of the county, city, or town so requests within the time frame specified.
(e) Expedited agency review and transmittal of its recommendation on the application to the legislative body of the county, city, or town, if there is no request for public hearing.
Sec. 3. RCW 90.60.010 and 1995 c 347 s 601 are each amended to read as follows:
The legislature hereby finds and declares:
(1) Washington's environmental protection programs have established strict standards to reduce pollution and protect the public health and safety and the environment. The single-purpose programs instituted to achieve these standards have been successful in many respects, and have produced significant gains in protecting Washington's environment in the face of substantial population growth.
(2) Continued progress to achieve the environmental standards in the face of continued population growth will require greater coordination between the single-purpose environmental programs and more efficient operation of these programs overall. Pollution must be prevented and controlled and not simply transferred to another media or another place. This goal can only be achieved by maintaining the current environmental protection standards and by greater integration of the existing programs.
(3) As the number of environmental laws and regulations have grown in Washington, so have the number of permits required of business and government. This regulatory burden has significantly added to the cost and time needed to obtain essential permits in Washington. The increasing number of individual permits and permit authorities has generated the continuing potential for conflict, overlap, and duplication between the various state, local, and federal permits.
(4) The purpose of this chapter is to institute new, efficient procedures that will assist businesses and public agencies in complying with the environmental quality laws in an expedited fashion, without reducing protection of public health and safety and the environment.
(5) Those procedures need to provide a permit process that promotes effective dialogue and ensures ease in the transfer and clarification of technical information, while preventing duplication. It is necessary that the procedures establish a process for preliminary and ongoing meetings between the applicant, the coordinating permit agency, and the participating permit agencies, but do not preclude the applicant or participating permit agencies from individually coordinating with each other.
(6) It is necessary, to the maximum extent practicable, that the procedures established in this chapter ensure that the coordinated permit agency process and applicable permit requirements and criteria are integrated and run concurrently, rather than consecutively.
(7) It is necessary to provide a reliable and consolidated source of information concerning federal, state, and local environmental and land use laws and procedures that apply to any given proposal.
(8) It is the intent of this chapter to provide an optional process by which a project proponent may obtain active coordination of all applicable regulatory and land-use permitting procedures. This process is not to replace individual laws, or diminish the substantive decision-making role of individual jurisdictions. Rather it is to provide predictability, administrative consolidation, and, where possible, consolidation of appeal processes.
(9)
It is also the intent of this chapter ((to provide)) that by
providing an optional coordinated permit process, measures are taken by the
parties that promote the public's trust and confidence in the underlying permit
process, including providing consolidated, effective, and easier
opportunities for members of the public to receive information and present
their views about proposed projects.
Sec. 4. RCW 90.60.020 and 1995 c 347 s 602 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1)
"Center" means the permit assistance center established in the ((commission
[department])) department by RCW 90.60.030.
(2) "Coordinating permit agency" means the permit agency that has the greatest overall jurisdiction over a project.
(3) "Department" means the department of ecology.
(4) "Local government" means counties, cities, and towns.
(5) "Participating permit agency" means a permit agency, or a state agency or local government other than the coordinating permit agency, that is responsible for the issuance of a permit or use authorization for a project.
(((5)))
(6) "Parties" collectively means the coordinating permit agency,
permit agency, and participating permit agency.
(7) "Permit" means any license, certificate, registration, permit, or other form of use authorization required by a permit agency to engage in a particular activity.
(((6)))
(8) "Permit agency" means:
(a) The department of ecology, an air pollution control authority, the department of natural resources, the department of fish and wildlife, and the department of health; and
(b) Any other state or federal agency or county, city, or town that participates at the request of the permit applicant and upon the agency's agreement to be subject to this chapter.
(((7)))
(9) "Project" means an activity, the conduct of which requires
permits from one or more permit agencies.
(10) "Use authorization" means a lease, material purchase, easement, permit, or other document authorizing use of state-owned aquatic lands and/or materials.
NEW SECTION. Sec. 5. A new section is added to chapter 90.60 RCW to read as follows:
The center shall establish regional center offices at four department regional or field offices to provide better access to the center's services in all areas of the state.
Sec. 6. RCW 90.60.030 and 1997 c 429 s 35 are each amended to read as follows:
(1) The permit assistance center is established within the department. The center shall:
(((1)))
(a) Publish and keep current one or more handbooks containing lists and
explanations of all permit laws. To the extent possible, the handbook shall
include relevant local, state, federal, and tribal laws. A state
agency or local government shall provide a reasonable number of copies of
application forms, statutes, ordinances, rules, handbooks, and other
informational material requested by the center and shall otherwise fully
cooperate with the center. The center shall seek the cooperation of relevant
federal agencies and tribal governments;
(((2)))
(b) Establish, and make known, a point of contact for distribution of
the handbook and advice to the public as to its interpretation in any given
case;
(((3)))
(c) Work closely and cooperatively with the business license center in
providing efficient and nonduplicative service to the public;
(((4)))
(d) Seek the assignment of employees from the permit agencies ((listed
under RCW 90.60.020(6)(a))) as defined in this chapter to serve on a
rotating basis in staffing the center;
(((5)))
(e) Collect and disseminate information to public and private entities on
federal, state, local, and tribal government programs that rely on private
professional expertise to assist governmental agencies in project permit
review; and
(((6)))
(f) In consultation with permit applicants, state agencies, local
governments, and interested publics, provide ((an annual)) a
biennial report to the legislature ((on potential conflicts and
perceived inconsistencies among existing statutes. The first report shall be
submitted to the appropriate standing committees of the house of representatives
and senate by December 1, 1996.)) that:
(i) Includes statutory and other recommendations for streamlining and coordinating environmental permitting in Washington;
(ii) Summarizes the results of the center's efforts to measure performance and outcomes over time;
(iii) Summarizes, evaluates, and makes statutory and other recommendations for improving the center's and permitting agencies' efforts to provide public notice efficiently and for promoting effective public participation in permitting processes;
(iv) Details efforts on the part of the center, the department, and the parties to promote the public's trust and confidence in the permitting process. Examples of such efforts include, but are not limited to, the development of statutory and other policies and procedures, guidance, roles, and responsibilities; and
(v) Shows revenues generated by the center's services, and the center's budget and expenditures.
(2) The department shall prioritize the expenditure of general fund moneys allotted to the center to provide a set of services to the applicants of small projects.
Sec. 7. RCW 90.60.100 and 1995 c 347 s 610 are each amended to read as follows:
(1)
The ((coordinating permit agency)) parties may enter into a
written cost-reimbursement agreement with the applicant to recover from
the applicant the reasonable costs incurred by the ((coordinating permit
agency)) parties in carrying out the requirements of this chapter,
as well as the requirements of other relevant laws, as they relate to permit
coordination, environmental review, application review, technical studies, and
permit processing.
(2)
The ((coordinating permit agency may recover only the costs of performing
those coordinated permit services and)) written cost-reimbursement
agreement shall be negotiated with the permit applicant ((in)) following
the meeting required pursuant to RCW 90.60.070. Permit agencies may assign
work to current staff, temporary staff, or technical consultants in order to
carry out the work covered by the written cost-reimbursement agreement or the
work remaining for the permit agency as a result of the coordinated permit
process. The billing process shall provide for accurate time and cost
accounting and may include a billing cycle that provides for progress payments.
NEW SECTION. Sec. 8. A new section is added to chapter 90.60 RCW to read as follows:
(1) It is the intent of this chapter to provide an interagency forum for the discussion of significant issues related to the permitting processes and use authorizations for projects that are proposed on state-owned aquatic lands where there are multiple permits, programs, and legal authorities involved.
(2) It is a goal of this chapter to encourage all agencies and local governments involved in issuing permits or granting use authorizations for a single project on state-owned aquatic lands to communicate with each other on a timely basis and early in the project review process in order to maximize coordination, facilitate problem resolution, promote the effectiveness of permit decisions, and enhance citizen understanding and involvement in the permit process. It is also a goal of this chapter that all permitting or authorizing federal and state agencies, local governments, and tribal governments be involved in coordinating their respective roles related to permits or use authorizations from the outset of any review process.
(3) For the purposes of this section, "aquatic lands" means as it is defined in RCW 79.90.010.
NEW SECTION. Sec. 9. A new section is added to chapter 90.60 RCW to read as follows:
(1) The applicant may submit a joint aquatic resource permit application to the permit assistance center if a project proposed for the use of state-owned aquatic lands requires:
(a) A hydraulic project approval under chapter 75.20 RCW;
(b) A wastewater discharge permit under chapter 90.48 RCW, or a federal clean water act section 401 certification; and
(c) A substantial development permit under chapter 90.58 RCW.
(2) If requested by the applicant, the permit assistance center shall facilitate a project scoping meeting including the project applicant, the department of natural resources, the department of ecology, the department of fish and wildlife, and the local governments in whose jurisdiction the project is proposed. Federal agencies and tribal governments that either issue or may require a permit, or that may require a use authorization for the project or have fishery resources that might be affected by the project, shall each be invited to name a representative to participate in the coordinated permit review process for proposed projects on state-owned aquatic lands. All participating agencies are encouraged to remain in communication for purposes of coordination throughout the permit review processes until final permit decisions are made.
(3) The purpose of the scoping meeting is to share perspectives and identify the issues and information needs of concern to each participant with regard to the proposed project, and jointly develop a strategy for coordinating permitting and issuance of use authorization issues. This project scoping process shall be concluded within sixty days of the date of receipt of the joint aquatic resource permit application by the permit assistance center.
(a) During this review, the participating agencies shall identify:
(i) The specific information needs and issues of concern and their significance to each participant with regard to the permitting processes involved;
(ii) Any statutory or regulatory conflicts that might arise relating to differing legal authorities and roles of the agencies issuing the permit or use authorization of the project;
(iii) Any state or local jurisdiction or private sector liability that might result from permitting or issuing a use authorization for the project; and
(iv) Any natural resources, including federal or state listed species, that might be adversely affected by the permitting or authorizing decision.
(b) Following this project scoping review, the outcome shall be documented in written form and furnished to the applicant, and be available to the public.
(c) Upon completion of this review, the permitting and authorizing agencies and governments shall proceed according to their respective statutes. Nothing in this section may prevent the parties from reconvening later in the course of the permitting or use authorization process.
NEW SECTION. Sec. 10. A new section is added to chapter 47.01 RCW to read as follows:
The legislature recognizes that the department is working with state and federal agencies to address transportation construction and maintenance program impacts so that these programs meet the requirements of the federal clean water act and the consultation requirements of the federal endangered species act. The legislature supports the department's efforts in this regard and encourages the department to work collaboratively with local governments and other interested parties during these consultations, and to provide local governments and other interested parties with opportunity to participate in this process to the extent practicable.
The department shall report by December 1st of each year to the legislature the status of any programmatic consultation developed under this section.
NEW SECTION. Sec. 11. The following acts or parts of acts are each repealed:
(1) RCW 43.131.387 (Permit assistance center--Termination) and 1995 c 347 s 617; and
(2) RCW 43.131.388 (Permit assistance center--Repeal) and 1995 c 347 s 618.
NEW SECTION. Sec. 12. A new section is added to chapter 43.21A RCW to read as follows:
The legislature recognizes that the department is working with state and federal agencies to coordinate the permitting requirements of the federal clean water act and the consultation requirements of the federal endangered species act. The legislature supports the department's efforts in this regard and encourages the department to work collaboratively with local governments and other interested parties during these consultations, and to provide local governments and other interested parties with opportunity to participate in this process to the extent practicable.
The department shall report by December 1st of each year to the legislature the status of any programmatic consultation developed under this section.
NEW SECTION. Sec. 13. The permit assistance center shall terminate June 30, 2003.
NEW SECTION. Sec. 14. (1) Sections 3 through 6 and 11 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect June 29, 1999.
(2) Section 7 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."
E2SHB 1893 - S AMD - 473
By Senators Fraser, Swecker, B. Sheldon and Spanel
ADOPTED 4/23/99
On page 1, line 1 of the title, after "issuance;" strike the remainder of the title and insert "amending RCW 58.17.095, 90.60.010, 90.60.020, 90.60.030, and 90.60.100; adding new sections to chapter 90.60 RCW; adding a new section to chapter 47.01 RCW; adding a new section to chapter 43.21A RCW; creating new sections; repealing RCW 43.131.387 and 43.131.388; providing effective dates; and declaring an emergency."
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