Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

State Government & Tribal Affairs Committee

SSB 6359

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.

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. Specifically, the ORA:

provides information regarding permits, including the average turnaround time from the date of application to the date of decision, information required for an agency to make a decision on a permit or regulatory requirement, an estimate of the maximum amount of costs in fees, the type of studies that may be expected, and timing of expected public processes;
maintains and furnishes information to assist citizens, businesses, and project proponents through a service center;
provides project scoping services, meaning the identification of relevant issues and information needs of the proponent and the permitting agencies; and
implements, as requested, multiagency permitting teams to provide coordinated permitting and integrated regulatory decision making

The ORA is authorized to enter into cost-reimbursement agreements with a project proponent to recover reasonable costs incurred in providing project scoping, coordinating a permit process, and implementing multiagency permitting teams.

The ORA is required to submit a biennial report to the Governor and the appropriate committees of the Legislature. The report must including information on cost-reimbursement services; the numbers and types of of projects in which assistance was provided and the resolution of conflicts on such projects; and the agencies involved on specific projects. Recommendations on system improvements must also be included in the report.

Summary of Bill:

As part of its services, the ORA must provide information to local jurisdictions regarding best permitting practices, methods to improve communication with state agencies, and effective means of assessing and communicating expected project timelines and costs.

For project scoping services, the Director of the ORA may require a state or local agency to attend a project scoping meeting in order to identify the relevant issues and information needs of a permit applicant. Under a fully coordinated permit process, each participating agency must designate a single point of contact for coordinating with the ORA.

The following applies to a project under a cost-reimbursement agreement:

the agreement must require the ORA, the permit applicant, and participating agencies to develop and update a project work plan that the ORA must post online and share with each party to the agreement;
the agreement must identify the proposed project, the desired outcomes, and maximum cost for work under the agreement;
each agency participating in the agreement must give priority to the project without reducing or eliminating any regulatory requirements during the review process;
reasonable reimbursement cost is either determined based on time and materials with a contract maximum or a flat rate based on required staffing hours;
the agreement may include deliverables and schedules for invoicing and reimbursements; and
advance payment may be required for some or all of the cost-reimbursement agreement; the release of payments to the participating agencies is held until the invoice is approved by the permit applicant.

Upon request, the ORA must verify whether the agencies have met the obligations contained in the project work plan and cost-reimbursement agreement. Notification and an explanation must be given to the ORA if any party is unable to meet its obligations under the agreement. The ORA must notify all parties to the agreement and work collaboratively to resolve the issue.

All cost-reimbursement agreement and solicitation receipts must be deposited into the multiagency permitting team account. Expenditures from the account may only be used for administrative purposes of the multiagency permitting teams including staffing, consulting, technology and other administrative costs.

A certification process is established for local level permitting. The ORA is required to work with local jurisdictions to establish criteria and the process for certifying a permit process as streamlined. Once certified, a local jurisdiction will receive priority when applying for state infrastructure funding.