SHB 3096 -
By Representative Schindler
NOT ADOPTED 02/29/2008
On page 3, after line 21, insert the following:
"NEW SECTION. Sec. 5 A new section is added to chapter 47.01 RCW
to read as follows:
The department shall use the process described under subsections
(1) through (6) of this section for the state route number 520 bridge
replacement project. The department shall determine which steps have
already been completed and begin at the appropriate step in the process
described in this section.
(1) Step 1: Conceptual description. The department shall identify
project purposes, the approximate location or alternative locations,
the federal, state, and local agencies that might have authority to
review and approve the project or portions of the project at any such
locations, a preliminary interagency communication list identifying
agencies that may be interested in the proposed project, and, where
known, contact persons in such agencies. If the department intends to
proceed with step 2 or abandon the project, it may complete this step
by: (a) Providing a summary of the outcome to all agencies on the
interagency communication list; and (b) making the summary available to
the public.
(2) Step 2: Early involvement of other agencies.
(a) At any time after completing step 1, the department shall
provide notice to all agencies on the interagency communication list
and the public. Within thirty days, or a longer period of time if
specified by the department, each state, local, and federal agency must
be encouraged to identify:
(i) A primary contact person to coordinate future communications
with the department and other interested agencies regarding the
project, or indicate that it has no interest in the project and does
not need to remain on the project information list;
(ii) Its role with respect to the proposed project;
(iii) Additional alternative locations the department should
consider and the roles it would expect to have with the project at
those locations;
(iv) Other agencies it believes should be added to the interagency
communication list for the project; and
(v) Other information it requests the department to consider.
(b) After all state and local agencies on the interagency
communication list have responded, or at least ten days after the
expiration of the specified response time, the department may complete
this step by: (i) Proposing one or more conceptual designs for the
project at a proposed location and any alternative locations then being
considered; (ii) providing a summary of the results of this step,
including a statement that the department considers this step to be
complete or complete except for specified issues remaining to be
resolved with specified agencies, to all agencies on the interagency
communication list; and (iii) making the summary available to the
public.
(3) Step 3: Identify environmental reviews, permits, and other
approvals, application procedures, and decision standards.
(a) At any time after completing step 2, the department may
initiate this step by providing notice to all agencies on the
interagency communication list and the public. This notice may include
a threshold determination on whether an environmental impact statement
or supplemental environmental impact statement will be prepared or an
environmental checklist and request for comments on what steps should
be taken to comply with chapter 43.21C RCW. Within thirty days, or a
longer period of time if specified by the department, each state,
local, and federal agency must be encouraged to identify:
(i) The procedures under which it expects environmental reviews of
the project to occur;
(ii) All permits and other approvals it might require for the
project at each alternative location and conceptual design;
(iii) What is needed for the department to file a complete
application for each permit or other approval;
(iv) The laws, regulations, ordinances, and policies it would
administer with respect to the project at each alternative location and
conceptual design; and
(v) Other information it requests the department to consider in
deciding whether, when, where, or how to proceed with the project.
(b) After all state and local agencies on the interagency
communication list have responded, or at least ten days after the
expiration of the specified response time, the department may complete
this step by:
(i) Adopting a list of all environmental reviews, permits, and
other approvals it believes are needed for the project under each
alternative being considered;
(ii) Providing all agencies on the interagency communication list
a copy of that list and a summary of the results of this step,
including a statement that the department considers this step to be
complete or complete except for specified issues remaining to be
resolved with specified agencies; and
(iii) Making the list described under (b)(i) of this subsection and
summary available to the public.
(c) The list described under (b)(i) of this subsection and summary
are presumed to accurately identify all environmental reviews, permits,
and other approvals needed for each alternative described, what is
required for applications to be considered complete, and the standards
under which applications will be reviewed and approved, unless an
aggrieved agency or person files objections within thirty days after
the list and summary are distributed.
(4) Step 4: Tentative selection of a preferred alternative.
(a) At any time after completing step 3, the department may
initiate this step by providing notice to all agencies on the
interagency communication list and the public. This notice may be
accompanied by a scoping notice for an environmental impact statement
or supplemental environmental impact statement or, if available, be
accompanied by a draft environmental impact statement or supplemental
environmental impact statement. It also may be accompanied by the
department's preliminary analysis of the advantages and disadvantages
of each identified alternative, or other information that may be
helpful to other interested agencies and the public in identifying
advantages and disadvantages. Within fourteen days, or a longer period
of time if specified by the department, each state, local, and federal
agency must be encouraged to identify:
(i) For each identified alternative, the specific features it
considers significant with respect to its role in environmental
reviews, permits, or other approvals for the project, the reasons these
features are significant, and any concerns it may have about the
alternative because of potential adverse impacts of these features on
resources or social policies within its jurisdiction;
(ii) For each feature for which it raises concerns, recommendations
on how the potential adverse impacts could be avoided, minimized, and
mitigated;
(iii) For each feature for which it raises concerns, an assessment
of the relative ranking of each alternative with respect to whether and
to what extent these concerns apply;
(iv) Recommendations it may have as to which alternatives should be
retained or dropped from further consideration, and ways in which
alternatives might be modified or combined to address its concerns,
recognizing that (A) final decisions can be made only through the
applicable environmental review, permit, and other approval processes
and (B) the agency making these decisions is not bound with respect to
any future decisions it may make regarding the project; and
(v) Other information it requests the department to consider in
deciding whether, when, where, or how to proceed with the project.
(b) After all state and local agencies on the interagency
communication list have responded, or at least ten days after the
expiration of the specified response time, the department may complete
this step by:
(i) Selecting a preferred alternative for purposes of all
environmental reviews, permits, and other approvals needed for the
project;
(ii) Providing all agencies on the interagency communication list
with a description of the preferred alternative and summary of the
results of this step, including a statement that the department
considers this step to be complete or complete except for specified
issues remaining to be resolved with specified agencies; and
(iii) Making the preferred alternative and summary available to the
public. The preferred alternative must be identified in all
environmental reviews, permits, and other approvals needed for the
project.
(5) Step 5: Completing environmental reviews and applications for
permits and other approvals.
(a) At any time after completing step 4, the department may
initiate this step by providing notice to all agencies on the
interagency communication list and the public. A draft environmental
impact statement or supplemental environmental impact statement, the
department's draft plans and specifications for the project, and draft
applications for some or all permits and other approvals may be
provided with the notice or when these materials subsequently become
available. Within thirty days, or a longer period of time if specified
by the department, each state, local, and federal agency must be
encouraged to identify:
(i) All concerns it previously raised regarding the alternative,
and other alternatives still under consideration, that have not been
resolved to its satisfaction;
(ii) Additional concerns it may have, particularly concerns
resulting from additional information about the project location and
design and other new information received since the completion of step
4;
(iii) Additional environmental reviews, permits, or other approvals
needed for the preferred alternative because of changes in laws,
regulations, or policies, or changes in the project location or design,
since these issues were last reviewed under step 3 or 4;
(iv) Changes in applicable requirements for complete applications
for permits or other approvals under its jurisdiction since these
issues were last reviewed under step 3 or 4;
(v) Other changes in applicable laws, regulations, ordinances, or
policies administered by the agency since these issues were last
reviewed under step 3 or 4; and
(vi) Whether a draft application proposed by the department for a
permit or other approval from the agency is complete, and if not, what
additional information or other changes are needed for it to be
complete.
(b) When all state and local agencies on the interagency
communication list have responded, or at least ten days after the
expiration of the specified response time, the department may complete
this step by:
(i) Completing some or all of the environmental review processes
and draft application forms for permits and other approvals that it
reasonably believes to be complete;
(ii) Providing all agencies on the interagency communication list
with environmental review and application documents and a summary of
the results of this step, including a statement that the department
considers this step to be complete or complete except for specified
issues remaining to be resolved with specified agencies; and
(iii) Making the completed environmental review documents and
summary available to the public. The preferred alternative must be
identified in all environmental reviews, permits, and other approvals
needed for the project.
(c) If an interested agency or aggrieved person files objections
within fourteen days after the preferred alternative and summary are
distributed, the objections must be addressed in subsequent
environmental reviews and agency decisions regarding the project.
(6) Step 6: Completing the environmental review, permit, and other
approval processes.
(a) At any time after completing step 5, the department may
initiate this step by providing notice to all agencies on the
interagency communication list and the public and by filing
applications for some or all permits and other approvals needed for the
project. Within thirty days, or a longer period of time if specified
by the department, each state, local, and federal agency must be
encouraged to:
(i) Acknowledge receipt of draft environmental review documents and
provide comments on these documents;
(ii) Acknowledge receipt of final environmental review documents
and determine that these documents are adequate for purposes of their
roles regarding the project or specify what additional information or
changes are needed for these documents to be considered adequate;
(iii) Acknowledge receipt of each application filed and determine
that the application is complete or specify what additional information
or changes are needed for the application to be considered complete;
(iv) Acknowledge that the applications submitted will be processed
under the laws, regulations, ordinances, and policies previously
identified under steps 3, 4, and 5 or specify what changes have
occurred in the governing standards that were in effect on the date a
complete application was filed and, as a result, apply to the project;
(v) Identify the significant steps necessary for it to reach a
final decision on applications and the estimated time needed for each
step; and
(vi) Identify ways its decision-making process might be made more
efficient and effective through additional coordination with other
agencies, with any recommendations for such methods as joint
solicitation and review of public comments and jointly conducting
public hearings.
(b) This step may require an iterative process with several drafts
of various environmental review documents and applications being
considered and revised, and that changes in project location or design
resulting from the permit decisions of one agency may require revising
applications or reopening permit decisions of other agencies. All
state and local agencies are expected, and federal agencies are
encouraged, to communicate and cooperate to minimize the number of
iterations required and make the process as efficient and effective as
possible. Unless significant new information is obtained, decisions
made under this step should not be reopened except at the request of
the department, and the most recent information available under steps
3, 4, and 5 should be presumed accurate until significant new
information becomes available.
(c) If all environmental reviews have not been completed and all
permits and other approvals have not been obtained within forty-five
days after this step is initiated, the department, by providing notice
to all agencies on the interagency communication list and the public,
may set a deadline for completing reviews and decisions. At any time
after the deadline, the department may terminate the coordination
process of this section as to some or all of the reviews and decisions
that are still not completed."
Renumber the remaining section consecutively and correct the title.
EFFECT: Establishes a process for the Department of Transportation to interact with interested parties regarding environmental permitting issues related to the SR 520 bridge project.