H-2355

AN ACT Relating to streamlining state and local permit issuance; amending RCW 36.70A.020, 90.48.215, 90.48.220, 58.17.095, 90.60.010, 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; providing an expiration date; and declaring an emergency.

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

(4) If the department is unable to issue a final permit determination within the time limits specified in this section, the department 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.

(5) 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.

(6) 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. Except as provided in section 4 of this act, 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~~)) after the department notifies the applicant that the application is complete according to section 5 of this act, 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. Except as provided in section 4 of this act, 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~~)) after the department notifies the applicant that the application is complete according to section 5 of this act, 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 90.60.010 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 consolidated, effective, and easier opportunities for members of the public to receive information and present their views about proposed projects.

(10) It is also the intent of this chapter to provide a forum for the resolution of significant issues related to the permitting and authorization of projects that are proposed on state-owned aquatic lands. "Aquatic lands" have the meaning provided in RCW 79.90.010. The inability of state government to speak with one voice is a source of great frustration for project applicants. Projects on state-owned aquatic lands can bring existing conflicts between statutory and regulatory authorities, and between state agency missions and policies, into sharper focus. It is a goal of this chapter to encourage all agencies and local governments that authorize projects on state-owned aquatic lands to accept full and equal responsibility for project review, and to resolve conflicts among state agency authorities, missions, and policies wherever possible. It is also the intent of this chapter that all affected agencies and local governments be involved in identifying and resolving issues related to permitting from the outset of any permit review process, that all affected agencies and local governments respect the legitimacy of the missions and mandates of their sister agencies and governments, and that affected agencies and local governments reach consensus on environmental review of projects.

(11) The legislature finds that the coordination of a process to analyze permitting issues, and to resolve interagency disputes related to the permitting of projects, is a natural outgrowth of the original duties of the permit assistance center.

Sec. 11. 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. 12. 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. 13. 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.

Sec. 14. 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. 15. A new section is added to chapter 90.60 RCW to read as follows:

(1) The permit assistance center shall work in collaboration with local governments and state agencies to jointly develop and coordinate an integrated permit process. By December 1, 1999, the permit assistance center shall report on the progress of the center and others to develop an integrated permit process.

(2) At a minimum, the integrated permit process developed according to 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 that 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.

NEW SECTION. Sec. 16. 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. 17. A new section is added to chapter 90.60 RCW to read as follows:

The permit assistance center shall coordinate the review of joint aquatic resource permit applications and of the steps in such a review. At a minimum, the center's coordinated review of such permit applications shall include:

(1) Identification of participating permit agencies;

(2) Production of a scoping document that is ratified by participating permit agencies;

(3) Classification of a project outcome;

(4) Implementation of a dispute resolution process if a project is classified as class 3 to include the following steps:

(a) Development of a strategy for resolving issues of concern, and of permit and use authorization conditions required for project approval; or

(b) Use of a mediator if a strategy cannot be developed.

NEW SECTION. Sec. 18. A new section is added to chapter 90.60 RCW to read as follows:

(1) A joint aquatic resource permit application form may be obtained from the permit assistance center when a project is proposed for the use of state-owned aquatic lands managed by the department of natural resources, and one or more permits are required from state or federal regulatory agencies, and a use authorization is also required from the department of natural resources. Upon receipt of a completed application, the center shall identify the permits and use authorizations necessary for project approval, and shall notify the appropriate joint aquatic resource permit agencies, which shall become participating permit agencies as defined in this chapter for purposes of application review.

(2) The following state agencies and local governments are considered joint aquatic resource permit agencies and, if notified of their status as participating permit agencies, shall be required to participate in the review of any proposal for which an applicant has submitted a complete form as defined in subsection (1) of this section: The department of natural resources, the department of ecology, the department of fish and wildlife, the local government in whose jurisdiction the project is proposed, and any port district directly affected by the proposed project. In addition, the United States army corps of engineers, the United States coast guard, and the federal energy regulatory commission shall each be invited to name a representative to participate in the joint aquatic resource permit process. Federal representatives shall be nonvoting members of the joint aquatic resource permit review process. All participating permit agencies, including state agencies, local governments, and port districts, shall be involved in any permit review process from the outset.

(3) The permit assistance center shall coordinate the joint aquatic resource permit process. The process consists of the following steps:

(a) Participating permit agencies shall undertake a scoping process not to exceed thirty days to identify:

(i) The issues of concern to each participant with regard to the proposed project;

(ii) All of the reasons why the proposed project should or should not be permitted or provided with a use authorization;

(iii) Any and all conditions that the project applicant will be required to meet in order to obtain a permit or use authorization; and

(iv) Any statutory and regulatory conflicts that arise from the permitting or authorization of the project.

(b) Following this review, the project application shall be classified in one of the following ways:

(i) Class 1: The project does not trigger any significant issues and all participating permit agencies agree that the project may proceed through the standard of review and approval process;

(ii) Class 2: The project triggers significant issues but will be approved if the applicant meets reasonable permit and use authorization conditions that are agreed to by all participants;

(iii) Class 3: The project triggers significant issues but cannot be approved because the participants are unable to agree on reasonable permit and use authorization conditions; or

(iv) Class 4: The project triggers significant issues and cannot be approved because all participants agree that the project as described will not meet the threshold required for approval.

(c) Each of the outcomes described in (b) of this subsection shall be agreed to unanimously by the participating permit agencies. Any disagreement among these agencies shall automatically classify a project as class 3.

(d) The scoping analysis and the project outcome shall be documented in written form and shall be ratified by each of the participating permit agencies.

(e) A class 3 outcome shall trigger a dispute resolution process among the participating permit agencies.

(i) Within sixty days of the date the scoping analysis is ratified by the participating permit agencies, the agencies shall agree on a strategy for resolving the issues identified in the scoping analysis. The strategy shall include a decision as to whether a legislative solution is required. If so, the appropriate committees of the legislature shall be immediately contacted and advised of the situation. If a legislative solution is not required, the participants shall begin to work on resolving the identified issues through administrative means.

(ii) Within ninety days of completing the strategy, the participants shall develop an agreement on the permit and use authorization conditions that are required for project approval. If the participating permit agencies are unable to reach agreement by the end of this period, a mediator shall be retained at state agency expense for a period not to exceed ninety days to resolve the disagreement.

(iii) If agreement is still not forthcoming, the appropriate committees of the legislature shall be notified.

(4) Participating permit agencies shall have up to one year from submittal of a completed joint aquatic resource permit application to resolve significant issues related to permit review.

NEW SECTION. Sec. 19. A new section is added to chapter 47.01 RCW to read as follows:

The legislature recognizes that the department is working to develop a programmatic approach and general 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 supports the department's efforts in this regard and encourages 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. 20. 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. 21. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1999, in the omnibus appropriations act, this act is null and void.

NEW SECTION. Sec. 22. A new section is added to chapter 43.30 RCW to read as follows:

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

NEW SECTION. Sec. 23. A new section is added to chapter 43.300 RCW to read as follows:

NEW SECTION. Sec. 24. A new section is added to chapter 43.17 RCW to read as follows:

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

NEW SECTION. Sec. 25. The permit assistance center shall terminate June 30, 2003.

NEW SECTION. Sec. 26. Section 20 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.