BILL REQ. #:  S-3549.2 

Read first time 01/14/2004.   Referred to Committee on Natural Resources, Energy & Water.

     AN ACT Relating to regulatory improvement; adding a new chapter to Title 43 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature finds that the protection of Washington's natural resources and environment is a vital interest of the state, and that providing a high quality of life for the citizens of the state requires both a healthy environment and a strong economy. The legislature further finds that the federal, state, and local permitting systems that have been established for the protection of the environment are extremely time consuming, and may conflict, be inconsistently applied, or duplicative, yet may not yield positive environmental outcomes or adequately involve the public.
     It is therefore the intent of the legislature to create a public-private partnership dedicated to improving the state's competitiveness by developing new approaches to environmental permitting.

NEW SECTION.  Sec. 2   The Washington regulatory improvement center is created to be a collaborative effort between private industry, the state's universities, and government. The center must be headquartered at a state university. The mission of the regulatory improvement center is to improve the state's economic competitiveness and environmental outcomes by revising and streamlining environmental permitting processes. The regulatory improvement center shall:
     (1) Develop single or multiagency programmatic permits for routine or industry-specific activities, with cooperation from representatives of affected industries, state, federal, and local agencies, and the public. Programmatic permits may be implemented through agency policy changes or recommendations to the legislature for statutory changes.
     (2) Provide assistance for large-scale development projects by facilitating a multiagency permit team, including federal, state, and local agencies as the project requires. The permit team would pursue agreement on environmental standards, permit requirements, best management practices, and mitigation requirements early in the project planning process.
     (3) Develop guidance for facilitating watershed-based environmental mitigation. This should include methods for collating and accessing watershed data; methods to identify and prioritize mitigation opportunities; and methods to implement watershed-based mitigation through local, state, and federal permitting systems. This guidance could be used by any watershed group in prioritizing projects that could be completed by the watershed group itself, or as mitigation for development projects.
     (4) Provide education and assistance to local governments, permit applicants, and agency permit writers on a new way of doing business in environmental permitting.
     (5) Develop information systems to facilitate timely review of development projects and public access to project information from anywhere in the state.
     (6) Identify opportunities in the environmental permitting process to improve the value of public involvement and participation and improve environmental outcomes.

NEW SECTION.  Sec. 3   (1) The Washington regulatory improvement center is administered by the board of directors to consist of the following members:
     (a) Two members of the senate, one from each of the two largest caucuses, appointed by the president of the senate;
     (b) Two members of the house of representatives, one from each of the two largest caucuses, appointed by the speaker of the house of representatives;
     (c) The director or director's designee of the department of ecology;
     (d) The director or director's designee of the department of fish and wildlife;
     (e) The commissioner or commissioner's designee of the department of natural resources;
     (f) The director or director's designee of the department of transportation;
     (g) A representative of the association of Washington cities, appointed by the governor;
     (h) A representative of the Washington state association of counties, appointed by the governor;
     (i) Two representatives of environmental interests, appointed by the governor; and
     (j) Two representatives of the business community, appointed by the governor from nominees proposed by the association of Washington business, the building industry association of Washington, and the association of general contractors.
     (2) Representatives of federal permitting agencies and tribes must be invited to participate as nonvoting members of the board. The executive director of the regulatory improvement center must be an ex officio, nonvoting member of the board. The board must meet at least quarterly. The governor shall stagger the terms of the first group of appointees to ensure the long-term continuity of the regulatory improvement center. After the initial appointments, the board members shall serve three-year terms.
     (3) The duties of the board include:
     (a) Developing the general operating policies for the regulatory improvement center;
     (b) Appointing the executive director of the regulatory improvement center;
     (c) Approving the annual operating budget of the regulatory improvement center. Funds to initiate the center and support the first six years of operation, or as many years as are needed until private funding sources are developed, will be provided from the state general fund, subject to appropriation;
     (d) Soliciting nonstate support for the regulatory improvement center, with the goal of phasing out state support for the center as private funds are secured;
     (e) Establishing priorities for the selection of projects to be initiated by the regulatory improvement center;
     (f) Approving contracts and interagency agreements for companies seeking assistance with major development projects;
     (g) Developing a biennial work plan and five-year strategic plan for the regulatory improvement center to accomplish the duties set out in section 2 of this act; and
     (h) Preparing an annual report to the governor and the legislature that summarizes the regulatory improvement center's activities.
     (4) The board may appoint one or more advisory committees to assist with the duties set out in section 1 of this act.

NEW SECTION.  Sec. 4   A state university must provide the staff and facilities required to support the operation of the regulatory improvement center.

NEW SECTION.  Sec. 5   On the effective date of this section, the duties and responsibilities of the office of regulatory assistance established in chapter 43.42 RCW are transferred to the Washington regulatory improvement center.

NEW SECTION.  Sec. 6   The role of the Washington regulatory improvement center is solely that of research, coordination, and development of recommendations for system improvements. Nothing in this chapter may be construed to diminish the functions, powers, or duties granted to any permit agency by law. Nothing in this chapter grants the Washington regulatory improvement center the authority to issue, condition, or deny any permit.

NEW SECTION.  Sec. 7   The cooperation and assistance of local, state, and federal agencies is critical to the success of the Washington regulatory improvement center. State permit agencies must prioritize the work of the Washington regulatory improvement center, and the legislature anticipates that recommendations of the regulatory improvement center will be developed in coordination with federal, state, and local permitting agencies, and that the recommendations will be implemented by federal, state, and local agencies wherever possible.

NEW SECTION.  Sec. 8   Sections 1 through 7 of this act constitute a new chapter in Title 43 RCW.

NEW SECTION.  Sec. 9   (1) The office of regulatory assistance is hereby abolished and its powers, duties, and functions are hereby transferred to the Washington regulatory improvement center. All references to the director or the office of regulatory assistance in the Revised Code of Washington shall be construed to mean the director or the Washington regulatory improvement center.
     (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the office of regulatory assistance shall be delivered to the custody of the Washington regulatory improvement center. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the office of regulatory assistance shall be made available to the Washington regulatory improvement center. All funds, credits, or other assets held by the office of regulatory assistance shall be assigned to the Washington regulatory improvement center.
     (b) Any appropriations made to the office of regulatory assistance shall, on the effective date of this section, be transferred and credited to the Washington regulatory improvement center.
     (c) If any question arises as to the transfer of any funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
     (3) All rules and all pending business before the office of regulatory assistance shall be continued and acted upon by the Washington regulatory improvement center. All existing contracts and obligations shall remain in full force and shall be performed by the Washington regulatory improvement center.
     (4) The transfer of the powers, duties, and functions of the office of regulatory assistance shall not affect the validity of any act performed before the effective date of this section.
     (5) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.