H-1930

AN ACT Relating to streamlining state and local permit issuance; amending RCW 36.70A.020, 90.48.215, 90.48.220, 58.17.095, 90.60.020, 90.60.030, and 90.60.100; adding new sections to chapter 90.48 RCW; adding a new section to chapter 75.20 RCW; adding new sections to chapter 90.60 RCW; adding a new section to chapter 47.01 RCW; adding a new section to chapter 43.30 RCW; adding a new section to chapter 43.300 RCW; adding a new section to chapter 43.17 RCW; creating new sections; repealing RCW 43.131.387 and 43.131.388; and providing an expiration date.

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

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 36.70A.020 and 1990 1st ex.s. c 17 s 2 are each amended to read as follows:

The following goals are adopted to guide the development and adoption of comprehensive plans and development regulations of those counties and cities that are required or choose to plan under RCW 36.70A.040. The following goals are not listed in order of priority and shall be used exclusively for the purpose of guiding the development of comprehensive plans and development regulations:

(1) Urban growth. Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner.

(2) Reduce sprawl. Reduce the inappropriate conversion of undeveloped land into sprawling, low-density development.

(3) Transportation. Encourage efficient multimodal transportation systems that are based on regional priorities and coordinated with county and city comprehensive plans.

(4) Housing. Encourage the availability of affordable housing to all economic segments of the population of this state, promote a variety of residential densities and housing types, and encourage preservation of existing housing stock.

(5) Economic development. Encourage economic development throughout the state that is consistent with adopted comprehensive plans, promote economic opportunity for all citizens of this state, especially for unemployed and for disadvantaged persons, and encourage growth in areas experiencing insufficient economic growth, all within the capacities of the state's natural resources, public services, and public facilities.

(6) Property rights. Private property shall not be taken for public use without just compensation having been made. The property rights of landowners shall be protected from arbitrary and discriminatory actions.

(7) Permits. ((~~Applications for both~~)) State and local government permit((s)) agencies should ((~~be processed~~)) coordinate and process permits in a timely and fair manner to ensure predictability for applicants.

(8) Natural resource industries. Maintain and enhance natural resource-based industries, including productive timber, agricultural, and fisheries industries. Encourage the conservation of productive forest lands and productive agricultural lands, and discourage incompatible uses.

(9) Open space and recreation. Encourage the retention of open space and development of recreational opportunities, conserve fish and wildlife habitat, increase access to natural resource lands and water, and develop parks.

(10) Environment. Protect the environment and enhance the state's high quality of life, including air and water quality, and the availability of water.

(11) Citizen participation and coordination. Encourage the involvement of citizens in the planning process and ensure coordination between communities and jurisdictions to reconcile conflicts.

(12) Public facilities and services. Ensure that those public facilities and services necessary to support development shall be adequate to serve the development at the time the development is available for occupancy and use without decreasing current service levels below locally established minimum standards.

(13) Historic preservation. Identify and encourage the preservation of lands, sites, and structures, that have historical or archaeological significance.

NEW SECTION. Sec. 3. A new section is added to chapter 90.48 RCW to read as follows:

(1) This section applies to the issuance of all permits under this chapter except permits issued pursuant to RCW 90.48.215, 90.48.220, and 90.48.260.

(2) Except as otherwise provided in subsection (3) of this section, the department shall issue a final permit determination based on a project permit application within sixty days after the department notifies the applicant that the application is complete. In determining the number of days that have elapsed after the department has notified the applicant that the application is complete, the following periods shall be excluded:

(a)(i) Any period during which the applicant has been requested by the department to correct plans, perform required studies, or provide additional required information. The period shall be calculated from the date the department notifies the applicant of the need for additional information until the earlier of the date the department determines whether the additional information satisfies the request for information or fourteen days after the date the information has been provided to the department.

(ii) If the department determines that the information submitted by the applicant under (a)(i) of this subsection is insufficient, it shall notify the applicant of the deficiencies and the procedures under (a)(i) of this subsection shall apply as if a new request for studies had been made;

(b) Any period for administrative appeals of project permits, if an open record appeal hearing or a closed record appeal, or both, are allowed; and

(3) The time limits established by subsection (2) of this section do not apply if a project permit application is substantially revised by the applicant, in which case the time period shall start from the date at which the revised project application is determined to be complete under section 4 of this act.

(4) Until July 1, 2000, if the department is unable to issue a final permit determination within the time limits provided for in this section, it shall provide written notice of this fact to the project applicant. The notice shall include a statement of reasons why the time limits have not been met and an estimated date for issuance of the final permit determination. On and after July 1, 2000, if the department is unable to issue a final permit determination within the time limits provided for in this section, the applicant is deemed to have received a temporary permit. The department shall provide written notice to the project applicant that the applicant is deemed to have a temporary permit and may discharge waste materials as proposed in the permit application.

(5)(a) Temporary permits issued under this section remain fully effective and enforceable based on the information submitted as part of the completed application to discharge waste materials.

(b) Temporary permits shall be valid for no more than five years and shall continue in force until:

(i) The effective date of a permit issued by the department; or

(ii) The temporary permit is revoked by the department.

(i) There is an unreported change in the nature or character of the wastes being discharged; or

(ii) If the department determines that the continued discharge as authorized by the temporary permit will pollute the waters of the state in violation of the public policy as declared in RCW 90.48.010.

(6) Beginning July 1, 1999, the department shall track the number of permits issued within sixty days, the number of approvals issued after the sixty-day timeline, the number of denials, the number of requests for information, and the number of applications that are withdrawn.

(7) This section applies to project permit applications filed on or after July 1, 1999.

NEW SECTION. Sec. 4. A new section is added to chapter 90.48 RCW to read as follows:

(1) This section applies to the issuance of all permits pursuant to RCW 90.48.215, 90.48.220, and 90.48.260.

(2) Except as otherwise provided in subsection (3) of this section, the department shall issue a final permit determination on a project permit application within one hundred twenty days after the department notifies the applicant that the application is complete, except when federal law requires otherwise as provided in section 5 of this act. In determining the number of days that have elapsed after the department has notified the applicant that the application is complete, the following periods shall be excluded:

(b) Any period for administrative appeals of project permits, if an open record appeal hearing or a closed record appeal, or both, are allowed; and

(5)(a) Temporary permits issued under this section remain fully effective and enforceable based on the information submitted as part of the completed application to discharge waste materials.

(b) Temporary permits shall be valid for no more than five years and shall continue in force until:

(i) The effective date of a permit issued by the department; or

(ii) The temporary permit is revoked by the department.

(i) There is an unreported change in the nature or character of the wastes being discharged; or

(6) Beginning July 1, 1999, the department shall track the number of permits issued within one hundred twenty days, the number of approvals issued after the one hundred twenty-day timeline, the number of denials, the number of requests for information, and the number of applications that are withdrawn.

(7) This section applies to project permit applications filed on or after July 1, 1999.

NEW SECTION. Sec. 5. A new section is added to chapter 90.48 RCW to read as follows:

(1) Within twenty-eight days after receiving a project permit application, the department shall mail or provide in person a written determination to the applicant, stating either:

(a) That the application is complete; or

(b) That the application is incomplete and what is necessary to make the application complete.

(2) A project permit application is complete for purposes of this section when it: (a) Meets the procedural submission requirements of the department; (b) has a threshold determination under chapter 43.21C RCW for either a determination of nonsignificance or a mitigated determination of nonsignificance or has a completed final environmental impact statement; (c) meets procedural and substantive requirements of federal law if applicable; and (d) is sufficient for continued processing even though additional information may be required or project modifications may be undertaken subsequently.

(3) Within fourteen days after an applicant has submitted to the department additional information identified by the department as being necessary for a complete application, the department shall notify the applicant whether the application is complete or what additional information is necessary.

(4) The determination of completeness shall not preclude the department from requesting additional information or studies either at the time of the notice of completeness or subsequently if new information is required or substantial changes in the proposed action occur.

(5) An application shall be deemed complete under this section if the department does not provide a written determination to the applicant that the application is incomplete as provided in subsections (1)(b) and (3) of this section.

Sec. 6. RCW 90.48.215 and 1989 c 293 s 1 are each amended to read as follows:

(1) The following definition shall apply to this section: "Upland finfish hatching and rearing facilities" means those facilities not located within waters of the state where finfish are hatched, fed, nurtured, held, maintained, or reared to reach the size of release or for market sale. This shall include fish hatcheries, rearing ponds, spawning channels, and other similarly constructed or fabricated public or private facilities.

(2) Not later than September 30, 1989, the department shall adopt standards pursuant to chapter 34.05 RCW for waste discharges from upland finfish hatching and rearing facilities. In establishing these standards, the department shall incorporate, to the extent applicable, studies conducted by the United States environmental protection agency on finfish rearing facilities and other relevant information. The department shall also issue a general permit as authorized by the federal clean water act, 33 U.S.C. 1251 et seq., or RCW 90.48.160 by September 30, 1989, for upland finfish hatching and rearing facilities. The department shall approve or deny applications for coverage under the general permit for upland finfish hatching and rearing facilities within one hundred ((~~eighty~~)) twenty days from the date of application((,)) except when federal law requires otherwise or unless a longer time is required to satisfy public participation requirements in the permit process in accordance with applicable rules, or compliance with the requirements of the state environmental policy act under chapter 43.21C RCW. The department shall notify applicants for coverage by a general permit as soon as it determines that a proposed discharge meets or fails to comply with the standards or general permit conditions set forth pursuant to this section, or that a time period longer than one hundred ((~~eighty~~)) twenty days is necessary to satisfy public participation requirements or the state environmental policy act.

Sec. 7. RCW 90.48.220 and 1993 c 296 s 1 are each amended to read as follows:

(1) For the purposes of this section "marine finfish rearing facilities" means those private and public facilities located within the salt water of the state where finfish are fed, nurtured, held, maintained, or reared to reach the size of release or for market sale.

(2) Not later than October 31, 1994, the department shall adopt criteria under chapter 34.05 RCW for allowable sediment impacts from organic enrichment due to marine finfish rearing facilities.

(3) Not later than June 30, 1995, the department shall adopt standards under chapter 34.05 RCW for waste discharges from marine finfish rearing facilities. In establishing these standards, the department shall review and incorporate, to the extent possible, studies conducted by state and federal agencies on waste discharges from marine finfish rearing facilities, and any reports and other materials prepared by technical committees on waste discharges from marine finfish rearing facilities. The department shall approve or deny discharge permit applications for marine finfish rearing facilities within one hundred ((~~eighty~~)) twenty days from the date of application((,)) except when federal law requires otherwise or unless a longer time is required to satisfy public participation requirements in the permit process in accordance with applicable rules, or compliance with the requirements of the state environmental policy act under chapter 43.21C RCW. The department shall notify applicants as soon as it determines that a proposed discharge meets or fails to comply with the standards adopted pursuant to this section, or if a time period longer than one hundred eighty days is necessary to satisfy public participation requirements of the state environmental policy act.

(4) The department may adopt rules to exempt marine finfish rearing facilities not requiring national pollutant discharge elimination system permits under the federal water pollution control act from the discharge permit requirement.

Sec. 8. 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.

NEW SECTION. Sec. 9. A new section is added to chapter 75.20 RCW to read as follows:

The department shall develop a pilot project to authorize the issuance of hydraulic permits by a county. Upon authorization, the county shall issue permits according to the department's rules. The county receiving authorization may impose fees to cover the costs of permit processing, except that no fees may be imposed for fish habitat restoration projects permitted under RCW 75.20.350. Such authorization agreement shall contain provisions for effective monitoring and enforcement of hydraulic permits. The department shall not delegate rule-making authority in the pilot program. The department shall report the results of the pilot project to the legislature by December 31, 2000. This section expires June 30, 2001.

Sec. 10. 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) "Participating permit agency" means a permit agency, other than the coordinating permit agency, that is responsible for the issuance of a permit for a project.

(5) "Parties" collectively means the coordinating permit agency, permit agency, and participating permit agency.

(6) "Permit" means any license, certificate, registration, permit, or other form of authorization required by a permit agency to engage in a particular activity.

((~~(6)~~)) (7) "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)~~)) (8) "Project" means an activity, the conduct of which requires permits from one or more permit agencies.

NEW SECTION. Sec. 11. 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. 12. 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) 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.

(3) The permit assistance center shall work in collaboration with local jurisdictions and state agencies to jointly develop and coordinate an integrated permit process. The permit assistance center shall report on its progress in developing an integrated permit process by December 1, 1999. At a minimum, the integrated permit process in this section shall consist of:

(a) One or more preapplication conferences that:

(i) Include the applicant, the project coordinator, the local permit facilitator, and the permit assistance center acting as state permit facilitator;

(ii) Discuss options for project design and for land use, environmental review, and permitting;

(iii) Identify potential permitting agencies, permits, schedules, and costs; and

(iv) Identify a potential project team that includes representatives of the applicant and relevant local and state permitting agencies;

(b) A determination of completeness of the project application provided by the permitting agencies or jurisdictions to the applicant within a determined time frame after receipt of requested supplementation that includes both a determination of completeness issued by the municipality, according to its local permit review process, and determinations of completeness issued by the state permitting agencies;

(i) Is achieved by negotiation among the applicant and the various permitting agencies;

(ii) Results in an integrated schedule keyed to the longest notice and public hearing requirement;

(iii) Includes negotiations for cost recovery arrangements for permitting agencies; and

(iv) Uses an integrated record of decision;

(d) An integrated review includes:

(i) Issuance of threshold determination under chapter 43.21C RCW;

(ii) Public notice that describes the project, the permits, the applicable regulations, and any preliminary determinations; lists and gives the location of documents and studies; describes public comment, hearing, and appeal processes; and sets out the schedule; and

(iii) An integrated public hearing held in the municipality;

(e) Coordination of local appeals and state appeals; and

(f) An integrated decision.

Sec. 13. 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. 14. A new section is added to chapter 90.60 RCW to read as follows:

(1) State permitting agencies shall participate in developing the integrated permit process, including the integrated public hearing, and use the integrated record of decision.

(2) State permitting agencies shall review procedures for developing an integrated state appeal procedure, which would utilize the integrated record of decision.

NEW SECTION. Sec. 15. A new section is added to chapter 47.01 RCW to read as follows:

The legislature recognizes that the department is working to develop programmatic permits with state and federal agencies to address project and maintenance impacts under the federal endangered species act and the federal clean water act. The legislature encourages the department's efforts in this regard and directs the department to work collaboratively with local governments when negotiating and developing these programmatic permits and to provide local governments with opportunity to participate in this process to the extent practicable.

NEW SECTION. Sec. 16. 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. 17. If specific funding for the purposes of section 11 of this act, referencing section 11 of this act by bill or chapter number and section number, is not provided by June 30, 1999, in the omnibus appropriations act, section 11 of this act is null and void.

NEW SECTION. Sec. 18. A new section is added to chapter 43.30 RCW to read as follows:

The legislature encourages the department to develop programmatic permits with state and federal agencies to address impacts under the federal endangered species act and the federal clean water act. The legislature also directs the department to work collaboratively with local governments when negotiating and developing these programmatic permits to the extent practicable.

NEW SECTION. Sec. 19. A new section is added to chapter 43.300 RCW to read as follows:

NEW SECTION. Sec. 20. A new section is added to chapter 43.17 RCW to read as follows:

The legislature encourages the department of ecology to develop programmatic permits with state and federal agencies to address impacts under the federal endangered species act and the federal clean water act. The legislature also directs the department of ecology to work collaboratively with local governments when negotiating and developing these programmatic permits to the extent practicable.