BP BHEAD INT H [atlas:bill]

AN ACT Relating to enhancing efficiency in permit processes; amending RCW 58.17.095; amending 1998 c 286 s 8 (uncodified); adding new sections to chapter 75.20 RCW; adding new sections to chapter 43.21A RCW; adding a new section to chapter 47.01 RCW; creating a new section; 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 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~~))

(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 have 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. 3. A new section is added to chapter 75.20 RCW to read as follows:

(1) The legislature finds that a pilot project to allow a county to administer hydraulic permits will increase government efficiency, citizen satisfaction, and compliance with state and local environmental requirements. The legislature further finds that a pilot project will not compromise thorough and competent environmental review.

(2) The department may develop a pilot project to allow a county to administer hydraulic permits. The department has discretion to determine which county may participate in the pilot project. No county is obligated to participate in the pilot project program. The pilot project shall be established by written agreement between the department and the participating county. The department shall retain full oversight authority and shall not delegate rule-making authority during the pilot project. This section shall not apply to activities and areas covered by chapter 76.09 RCW.

(3) The agreement shall specify the types of hydraulic permits the participating county may administer. However, the county may not administer hydraulic permits associated with forest practices. The agreement shall incorporate, at a minimum, the regulatory standards of this chapter and Title 220 WAC, provisions for a local appeals process equivalent to that provided by this chapter and Title 220 WAC, and provisions for effective monitoring and enforcement of the hydraulic permits issued by the participating county. In addition, the agreement shall incorporate the following guidelines:

(a) There shall be no decrease in protection of fish habitat;

(b) There shall be no full-time equivalent or funding shift from the department to the participating county; and

(4) The participating county may charge permit applicants to cover any additional cost of processing hydraulic permit applications, including inspection and monitoring, consistent with the county's fee ordinance. The department shall not seek any contribution from fees collected by the participating county for services performed under the agreement.

(a) The department and the participating county shall assemble a citizen advisory panel including, at a minimum, representatives of the building industry, environmental groups, and permit applicants.

(b) The department, with the advice and assistance of the citizen advisory panel, shall analyze the development and implementation of the pilot project and assess whether it merits continued and expanded application to additional jurisdictions. This analysis shall consider whether the pilot project results in enhanced environmental protection, cost-effectiveness to both the state and the participating county, and efficient service delivery to applicants. The department and the advisory panel shall report the results of the pilot project to the legislature by December 31, 2002. This section expires June 30, 2003.

NEW SECTION. Sec. 4. A new section is added to chapter 43.21A RCW to read as follows:

(1) It is the intent of this section 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 section 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 section 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.

(4) The applicant may submit a joint aquatic resource permit application to the department 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

(5) If requested by the applicant, the department shall facilitate a project scoping meeting including the project applicant, the department, the department of natural resources, 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 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.

(6) 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. 5. 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. 6. 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. 7. A new section is added to chapter 75.20 RCW to read as follows:

The department shall report by December 1st of each year to the legislature the status of any programmatic consultation developed under this section.

Sec. 8. 1998 c 286 s 8 (uncodified) is amended to read as follows:

((~~RCW 36.70B.090 and 64.40.050 shall expire June 30, 2000.~~)) The provisions of RCW 36.70B.090 and 64.40.050 shall apply to project permit applications determined to be complete pursuant to RCW 36.70B.070 on or before June 30, 2000.