Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

State Government & Tribal Affairs Committee

E2SSB 6023

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Creating the permit efficiency and accountability committee to select priority economic recovery projects for review by multiagency permitting teams.

Sponsors: Senate Committee on Transportation (originally sponsored by Senators Swecker, Prentice, Benton, Pridemore, Schoesler, Haugen, Kilmer, Chase, Hill, Holmquist Newbry, Becker, Ranker, Ericksen, Shin and Frockt).

Brief Summary of Engrossed Second Substitute Bill

  • Creates the Permit Efficiency and Accountability Committee to select priority economic recovery projects for coordinated permitting and integrated regulatory decision making by multiagency permitting teams.

Hearing Date: 2/20/12

Staff: Marsha Reilly (786-7135).

Background:

The Office of Regulatory Assistance (ORA) provides environmental permitting assistance in navigating the permit process and provides assistance to citizens and businesses by helping to identify licensing and permitting requirements. The ORA also assists with the regulatory process by identifying conflicts and overlap in the state's rules, statutes, and operational practices.

In 2010 the ORA was authorized to develop and advertise the availability of optional multiagency permitting teams (MAP team) to provide fully coordinated permitting and integrated regulatory decision making. Expenses associated with the MAP teams must be recovered through cost-reimbursement and cost-sharing. The MAP team is staffed by personnel from the departments of Ecology, Fish and Wildlife, and Natural Resources, and managed through a team leader from the ORA. The MAP teams work with the ORA to provide project scoping, pre-application coordination, fully coordinated project reviews, and mitigation coordination .

Summary of Bill:

The Permit Efficiency and Accountability Committee (PEAC), is created within the Office of Regulatory Assistance. The PEAC is comprised of nine voting members and up to ten non-voting members. The voting members include four legislators; one representative each from the departments of Ecology, Fish & Wildlife, and Natural Resources; one representative of the Association of Washington Cities; and one representative of the Washington State Association of Counties. The non-voting members include representatives of business, environmental, tribal organizations, and federal agencies.

The PEAC is authorized to: (1) select priority economic recovery projects; (2) assign those projects to the MAP teams to coordinate permitting and integrate regulatory decision making for the projects; and (3) require quarterly reports from the MAP teams, including information regarding work plans, progress, and any decision-making issues. Up to two projects may be selected by July 31, 2012, and others later, based on resources of project proponents and permit agencies. The PEAC may not supersede the permitting authority of a permitting agency, nor may it supersede existing statutes, administrative rules, or local ordinances or regulations. Beginning December 1, 2012, the PEAC must submit annual reports to the Legislature.

The current MAP team cost reimbursement and cost sharing contracting process is clarified. Invoices for cost-reimbursement may be challenged and the Office of Financial Management may resolve such challenges. Provisions relating to the MAP team account are changed including making it a non-appropriated account rather than an appropriated account.

Any actions taken to implement the provisions of the act must be accomplished within existing resources.

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill contains an emergency clause and takes effect immediately.