H-1930.3           _______________________________________________
                             SUBSTITUTE HOUSE BILL 1893
                   _______________________________________________
State of Washington               56th Legislature             1999 Regular Session
By House Committee on Local Government (originally sponsored by
Representatives Doumit, Mulliken, Scott, Linville and Hatfield)
Read first time 03/02/1999.
     AN ACT Relating to streamlining state and local permit issuance;
amending RCW 36.70A.020, 90.48.215, 90.48.220, 58.17.095, 90.60.020,
90.60.030, and 90.60.100; adding new sections to chapter 90.48 RCW;
adding a new section to chapter 75.20 RCW; adding new sections to
chapter 90.60 RCW; adding a new section to chapter 47.01 RCW; adding a
new section to chapter 43.30 RCW; adding a new section to chapter
43.300 RCW; adding a new section to chapter 43.17 RCW; creating new
sections; repealing RCW 43.131.387 and 43.131.388; 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 36.70A.020 and 1990 1st ex.s. c 17 s 2 are each
amended to read as follows:
     The following goals are adopted to guide the development and
adoption of comprehensive plans and development regulations of those
counties and cities that are required or choose to plan under RCW
36.70A.040.  The following goals are not listed in order of priority
and shall be used exclusively for the purpose of guiding the
development of comprehensive plans and development regulations:
     (1) Urban growth.  Encourage development in urban areas where
adequate public facilities and services exist or can be provided in an
efficient manner.     (2) Reduce sprawl.  Reduce the inappropriate conversion of
undeveloped land into sprawling, low-density development.
     (3) Transportation.  Encourage efficient multimodal transportation
systems that are based on regional priorities and coordinated with
county and city comprehensive plans.
     (4) Housing.  Encourage the availability of affordable housing to
all economic segments of the population of this state, promote a
variety of residential densities and housing types, and encourage
preservation of existing housing stock.
     (5) Economic development.  Encourage economic development
throughout the state that is consistent with adopted comprehensive
plans, promote economic opportunity for all citizens of this state,
especially for unemployed and for disadvantaged persons, and encourage
growth in areas experiencing insufficient economic growth, all within
the capacities of the state's natural resources, public services, and
public facilities.
     (6) Property rights.  Private property shall not be taken for
public use without just compensation having been made.  The property
rights of landowners shall be protected from arbitrary and
discriminatory actions.
     (7) Permits.  (({- Applications for both -})) {+ S +}tate and local
government permit(({- s -})) {+ agencies +} should (({- be processed -
})) {+ coordinate and process permits +} in a timely and fair manner to
ensure predictability {+ for applicants +}.
     (8) Natural resource industries.  Maintain and enhance natural
resource-based industries, including productive timber, agricultural,
and fisheries industries.  Encourage the conservation of productive
forest lands and productive agricultural lands, and discourageincompatible uses.
     (9) Open space and recreation.  Encourage the retention of open
space and development of recreational opportunities, conserve fish and
wildlife habitat, increase access to natural resource lands and water,
and develop parks.
     (10) Environment.  Protect the environment and enhance the state's
high quality of life, including air and water quality, and the
availability of water.
     (11) Citizen participation and coordination.  Encourage the
involvement of citizens in the planning process and ensure coordination
between communities and jurisdictions to reconcile conflicts.
     (12) Public facilities and services.  Ensure that those public
facilities and services necessary to support development shall be
adequate to serve the development at the time the development is
available for occupancy and use without decreasing current service
levels below locally established minimum standards.
     (13) Historic preservation.  Identify and encourage the
preservation of lands, sites, and structures, that have historical or
archaeological significance.
     {+ NEW SECTION. +}  Sec. 3.  A new section is added to chapter
90.48 RCW to read as follows:
     (1) This section applies to the issuance of all permits under this
chapter except permits issued pursuant to RCW 90.48.215, 90.48.220, and
90.48.260.
     (2) Except as otherwise provided in subsection (3) of this section,
the department shall issue a final permit determination based on a
project permit application within sixty days after the department
notifies the applicant that the application is complete.  In
determining the number of days that have elapsed after the department
has notified the applicant that the application is complete, the
following periods shall be excluded:
     (a)(i) Any period during which the applicant has been requested by
the department to correct plans, perform required studies, or provide
additional required information.  The period shall be calculated from
the date the department notifies the applicant of the need for
additional information until the earlier of the date the department
determines whether the additional information satisfies the request for
information or fourteen days after the date the information has been
provided to the department.
     (ii) If the department determines that the information submitted by
the applicant under (a)(i) of this subsection is insufficient, it shall
notify the applicant of the deficiencies and the procedures under
(a)(i) of this subsection shall apply as if a new request for studies
had been made;
     (b) Any period for administrative appeals of project permits, if an
open record appeal hearing or a closed record appeal, or both, areallowed; and
     (c) Any extension of time mutually agreed upon by the applicant and
the department.
     (3) The time limits established by subsection (2) of this section
do not apply if a project permit application is substantially revised
by the applicant, in which case the time period shall start from the
date at which the revised project application is determined to be
complete under section 4 of this act.
     (4) Until July 1, 2000, if the department is unable to issue a
final permit determination within the time limits provided for in this
section, it shall provide written notice of this fact to the project
applicant.  The notice shall include a statement of reasons why the
time limits have not been met and an estimated date for issuance of the
final permit determination.  On and after July 1, 2000, if the
department is unable to issue a final permit determination within the
time limits provided for in this section, the applicant is deemed to
have received a temporary permit.  The department shall provide written
notice to the project applicant that the applicant is deemed to have a
temporary permit and may discharge waste materials as proposed in the
permit application.
     (5)(a) Temporary permits issued under this section remain fully
effective and enforceable based on the information submitted as part of
the completed application to discharge waste materials.
     (b) Temporary permits shall be valid for no more than five years
and shall continue in force until:
     (i) The effective date of a permit issued by the department; or
     (ii) The temporary permit is revoked by the department.
     (c) The department may revoke a temporary permit or may initiate
other actions under this chapter if:
     (i) There is an unreported change in the nature or character of the
wastes being discharged; or
     (ii) If the department determines that the continued discharge as
authorized by the temporary permit will pollute the waters of the state
in violation of the public policy as declared in RCW 90.48.010.
     (6) Beginning July 1, 1999, the department shall track the number
of permits issued within sixty days, the number of approvals issued
after the sixty-day timeline, the number of denials, the number of
requests for information, and the number of applications that arewithdrawn.
     (7) This section applies to project permit applications filed on or
after July 1, 1999.
     {+ NEW SECTION. +}  Sec. 4.  A new section is added to chapter
90.48 RCW to read as follows:
     (1) This section applies to the issuance of all permits pursuant to
RCW 90.48.215, 90.48.220, and 90.48.260.
     (2) Except as otherwise provided in subsection (3) of this section,
the department shall issue a final permit determination on a project
permit application within one hundred twenty days after the department
notifies the applicant that the application is complete, except when
federal law requires otherwise as provided in section 5 of this act.
In determining the number of days that have elapsed after the
department has notified the applicant that the application is complete,
the following periods shall be excluded:
     (a)(i) Any period during which the applicant has been requested by
the department to correct plans, perform required studies, or provide
additional required information.  The period shall be calculated from
the date the department notifies the applicant of the need for
additional information until the earlier of the date the department
determines whether the additional information satisfies the request for
information or fourteen days after the date the information has been
provided to the department.
     (ii) If the department determines that the information submitted by
the applicant under (a)(i) of this subsection is insufficient, it shall
notify the applicant of the deficiencies and the procedures under
(a)(i) of this subsection shall apply as if a new request for studies
had been made;
     (b) Any period for administrative appeals of project permits, if an
open record appeal hearing or a closed record appeal, or both, areallowed; and
     (c) Any extension of time mutually agreed upon by the applicant and
the department.
     (3) The time limits established by subsection (2) of this section
do not apply if a project permit application is substantially revised
by the applicant, in which case the time period shall start from the
date at which the revised project application is determined to be
complete under section 5 of this act.
     (4) Until July 1, 2000, if the department is unable to issue a
final permit determination within the time limits provided for in this
section, it shall provide written notice of this fact to the project
applicant.  The notice shall include a statement of reasons why the
time limits have not been met and an estimated date for issuance of the
final permit determination.  On and after July 1, 2000, if the
department is unable to issue a final permit determination within the
time limits provided for in this section, the applicant is deemed to
have received a temporary permit.  The department shall provide written
notice to the project applicant that the applicant is deemed to have
a temporary permit and may conduct activities as proposed in theapplication.
     (5)(a) Temporary permits issued under this section remain fully
effective and enforceable based on the information submitted as part of
the completed application to discharge waste materials.
     (b) Temporary permits shall be valid for no more than five years
and shall continue in force until:
     (i) The effective date of a permit issued by the department; or
     (ii) The temporary permit is revoked by the department.
     (c) The department may revoke a temporary permit or may initiate
other actions under this chapter if:
     (i) There is an unreported change in the nature or character of the
wastes being discharged; or
     (ii) If the department determines that the continued discharge as
authorized by the temporary permit will pollute the waters of the state
in violation of the public policy as declared in RCW 90.48.010.
     (6) Beginning July 1, 1999, the department shall track the number
of permits issued within one hundred twenty days, the number of
approvals issued after the one hundred twenty-day timeline, the number
of denials, the number of requests for information, and the number of
applications that are withdrawn.
     (7) This section applies to project permit applications filed on or
after July 1, 1999.
     {+ NEW SECTION. +}  Sec. 5.  A new section is added to chapter
90.48 RCW to read as follows:
     (1) Within twenty-eight days after receiving a project permit
application, the department shall mail or provide in person a written
determination to the applicant, stating either:
     (a) That the application is complete; or
     (b) That the application is incomplete and what is necessary to
make the application complete.
     (2) A project permit application is complete for purposes of this
section when it:  (a) Meets the procedural submission requirements of
the department; (b) has a threshold determination under chapter 43.21C
RCW for either a determination of nonsignificance or a mitigated
determination of nonsignificance or has a completed final environmental
impact statement; (c) meets procedural and substantive requirements of
federal law if applicable; and (d) is sufficient for continued
processing even though additional information may be required or
project modifications may be undertaken subsequently.
     (3) Within fourteen days after an applicant has submitted to the
department additional information identified by the department as being
necessary for a complete application, the department shall notify the
applicant whether the application is complete or what additional
information is necessary.
     (4) The determination of completeness shall not preclude the
department from requesting additional information or studies either at
the time of the notice of completeness or subsequently if new
information is required or substantial changes in the proposed actionoccur.
     (5) An application shall be deemed complete under this section if
the department does not provide a written determination to the
applicant that the application is incomplete as provided in subsections
(1)(b) and (3) of this section.
     Sec. 6.  RCW 90.48.215 and 1989 c 293 s 1 are each amended to read
as follows:
     (1) The following definition shall apply to this section:  "Upland
finfish hatching and rearing facilities" means those facilities not
located within waters of the state where finfish are hatched, fed,
nurtured, held, maintained, or reared to reach the size of release or
for market sale.  This shall include fish hatcheries, rearing ponds,
spawning channels, and other similarly constructed or fabricated public
or private facilities.
     (2) Not later than September 30, 1989, the department shall adopt
standards pursuant to chapter 34.05 RCW for waste discharges from
upland finfish hatching and rearing facilities.  In establishing these
standards, the department shall incorporate, to the extent applicable,
studies conducted by the United States environmental protection agency
on finfish rearing facilities and other relevant information.  The
department shall also issue a general permit as authorized by the
federal clean water act, 33 U.S.C. 1251 et seq., or RCW 90.48.160 by
September 30, 1989, for upland finfish hatching and rearing facilities.
The department shall approve or deny applications for coverage under
the general permit for upland finfish hatching and rearing facilities
within one hundred (({- eighty -})) {+ twenty +} days from the date of
application(({- , -})) {+ except when federal law requires otherwise or
+} unless a longer time is required to satisfy public participation
requirements in the permit process in accordance with applicable rules,
or compliance with the requirements of the state environmental policy
act under chapter 43.21C RCW.  The department shall notify applicants
for coverage by a general permit as soon as it determines that a
proposed discharge meets or fails to comply with the standards or
general permit conditions set forth pursuant to this section, or that
a time period longer than one hundred (({- eighty -})) {+ twenty +}
days is necessary to satisfy public participation requirements or the
state environmental policy act.
     Sec. 7.  RCW 90.48.220 and 1993 c 296 s 1 are each amended to read
as follows:     (1) For the purposes of this section "marine finfish rearing
facilities" means those private and public facilities located within
the salt water of the state where finfish are fed, nurtured, held,
maintained, or reared to reach the size of release or for market sale.
     (2) Not later than October 31, 1994, the department shall adopt
criteria under chapter 34.05 RCW for allowable sediment impacts from
organic enrichment due to marine finfish rearing facilities.
     (3) Not later than June 30, 1995, the department shall adopt
standards under chapter 34.05 RCW for waste discharges from marine
finfish rearing facilities.  In establishing these standards, the
department shall review and incorporate, to the extent possible,
studies conducted by state and federal agencies on waste discharges
from marine finfish rearing facilities, and any reports and other
materials prepared by technical committees on waste discharges from
marine finfish rearing facilities.  The department shall approve or
deny discharge permit applications for marine finfish rearing
facilities within one hundred (({- eighty -})) {+ twenty +} days from
the date of application(({- , -})) {+ except when federal law requires
otherwise or +} unless a longer time is required to satisfy public
participation requirements in the permit process in accordance with
applicable rules, or compliance with the requirements of the state
environmental policy act under chapter 43.21C RCW.  The department
shall notify applicants as soon as it determines that a proposed
discharge meets or fails to comply with the standards adopted pursuant
to this section, or if a time period longer than one hundred eighty
days is necessary to satisfy public participation requirements of the
state environmental policy act.
     (4) The department may adopt rules to exempt marine finfish rearing
facilities not requiring national pollutant discharge elimination
system permits under the federal water pollution control act from the
discharge permit requirement.
     Sec. 8.  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 the -}))
     {+ (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 apublic hearing.
     (b) Written comments on the application by any person.  Comments
received shall be provided to the applicant, and the applicant shall be
provided 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. 9.  A new section is added to chapter
75.20 RCW to read as follows:
     The department shall develop a pilot project to authorize the
issuance of hydraulic permits by a county.  Upon authorization, the
county shall issue permits according to the department's rules.  The
county receiving authorization may impose fees to cover the costs of
permit processing, except that no fees may be imposed for fish habitat
restoration projects permitted under RCW 75.20.350.  Such authorization
agreement shall contain provisions for effective monitoring and
enforcement of hydraulic permits.  The department shall not delegate
rule-making authority in the pilot program.  The department shall
report the results of the pilot project to the legislature by December
31, 2000.  This section expires June 30, 2001.
     Sec. 10.  RCW 90.60.020 and 1995 c 347 s 602 are each amended to
read as follows:
     Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
     (1) "Center" means the permit assistance center established in the
(({- commission [department] -})) {+ department +} by RCW 90.60.030.
     (2) "Coordinating permit agency" means the permit agency that has
the greatest overall jurisdiction over a project.
     (3) "Department" means the department of ecology.
     (4) "Participating permit agency" means a permit agency, other than
the coordinating permit agency, that is responsible for the issuance of
a permit for a project.
     (5) {+ "Parties" collectively means the coordinating permit agency,
permit agency, and participating permit agency.
     (6) +} "Permit" means any license, certificate, registration,
permit, or other form of authorization required by a permit agency to
engage in a particular activity.
     (({- (6) -})) {+ (7) +} "Permit agency" means:
     (a) The department of ecology, an air pollution control authority,
the department of natural resources, the department of fish and
wildlife, and the department of health; and
     (b) Any other state or federal agency or county, city, or town that
participates at the request of the permit applicant and upon the
agency's agreement to be subject to this chapter.
     (({- (7) -})) {+ (8) +} "Project" means an activity, the conduct of
which requires permits from one or more permit agencies.
     {+ NEW SECTION. +}  Sec. 11.  A new section is added to chapter
90.60 RCW to read as follows:
     The center shall establish regional center offices at four
department regional or field offices to provide better access to the
center's services in all areas of the state.
     Sec. 12.  RCW 90.60.030 and 1997 c 429 s 35 are each amended to
read as follows:
     {+ (1) +} The permit assistance center is established within the
department.  The center shall:
     (({- (1) -})) {+ (a) +} Publish and keep current one or more
handbooks containing lists and explanations of all permit laws.  To the
extent possible, the handbook shall include relevant {+ local, state,
+} federal{+ , +} and tribal laws.  A state agency or local government
shall provide a reasonable number of copies of application forms,
statutes, ordinances, rules, handbooks, and other informational
material requested by the center and shall otherwise fully cooperate
with the center.  The center shall seek the cooperation of relevant
federal agencies and tribal governments;
     (({- (2) -})) {+ (b) +} Establish, and make known, a point of
contact for distribution of the handbook and advice to the public as to
its interpretation in any given case;
     (({- (3) -})) {+ (c) +} Work closely and cooperatively with the
business license center in providing efficient and nonduplicative
service to the public;
     (({- (4) -})) {+ (d) +} Seek the assignment of employees from the
permit agencies (({- listed under RCW 90.60.020(6)(a) -})) {+ as
defined in this chapter +} to serve on a rotating basis in staffing thecenter;
     (({- (5) -})) {+ (e) +} Collect and disseminate information to
public and private entities on federal, state, local, and tribal
government programs that rely on private professional expertise to
assist governmental agencies in project permit review; and
     (({- (6) -})) {+ (f) +} Provide (({- an annual -})) {+ a biennial
+} report to the legislature (({- on potential conflicts and perceived
inconsistencies among existing statutes.  The first report shall be
submitted to the appropriate standing committees of the house of
representatives and senate by December 1, 1996. -})) {+ that:
     (i) Includes statutory and other recommendations for streamlining
and coordinating environmental permitting in Washington;
     (ii) Summarizes the results of the center's efforts to measure
performance and outcomes over time;
     (iii) Summarizes, evaluates, and makes statutory and other
recommendations for improving the center's and permitting agencies'
efforts to provide public notice efficiently and for promoting
effective public participation in permitting processes;
     (iv) Details efforts on the part of the center, the department, and
the parties to promote the public's trust and confidence in the
permitting process.  Examples of such efforts include, but are not
limited to, the development of statutory and other policies and
procedures, guidance, roles, and responsibilities; and
     (v) Shows revenues generated by the center's services, and the
center's budget and expenditures.
     (2) The department shall prioritize the expenditure of general fund
moneys allotted to the center to provide a set of services to the
applicants of small projects.
     (3) The permit assistance center shall work in collaboration with
local jurisdictions and state agencies to jointly develop and
coordinate an integrated permit process.  The permit assistance center
shall report on its progress in developing an integrated permit process
by December 1, 1999.  At a minimum, the integrated permit process in
this section shall consist of:
     (a) One or more preapplication conferences that:
     (i) Include the applicant, the project coordinator, the local
permit facilitator, and the permit assistance center acting as state
permit facilitator;
     (ii) Discuss options for project design and for land use,
environmental review, and permitting;
     (iii) Identify potential permitting agencies, permits, schedules,
and costs; and     (iv) Identify a potential project team that includes
representatives of the applicant and relevant local and state
permitting agencies;
     (b) A determination of completeness of the project application
provided by the permitting agencies or jurisdictions to the applicant
within a determined time frame after receipt of requested
supplementation that includes both a determination of completeness
issued by the municipality, according to its local permit review
process, and determinations of completeness issued by the state
permitting agencies;
     (c) Coordination of permitting and integration of processes that:
     (i) Is achieved by negotiation among the applicant and the various
permitting agencies;
     (ii) Results in an integrated schedule keyed to the longest notice
and public hearing requirement;
     (iii) Includes negotiations for cost recovery arrangements for
permitting agencies; and     (iv) Uses an integrated record of decision;
     (d) An integrated review includes:
     (i) Issuance of threshold determination under chapter 43.21C RCW;
     (ii) Public notice that describes the project, the permits, the
applicable regulations, and any preliminary determinations; lists and
gives the location of documents and studies; describes public comment,
hearing, and appeal processes; and sets out the schedule; and
     (iii) An integrated public hearing held in the municipality;
     (e) Coordination of local appeals and state appeals; and
     (f) An integrated decision. +}
     Sec. 13.  RCW 90.60.100 and 1995 c 347 s 610 are each amended to
read as follows:
     (1) The (({- coordinating permit agency -})) {+ parties +} may
enter into a written {+ cost-reimbursement +} agreement with the
applicant to recover from the applicant the reasonable costs incurred
by the (({- coordinating permit agency -})) {+ parties +} in carrying
out the requirements of this chapter{+ , as well as the requirements of
other relevant laws, as they relate to permit coordination,
environmental review, application review, technical studies, and permit
processing +}.
     (2) The (({- coordinating permit agency may recover only the costs
of performing those coordinated permit services and -})) {+ written
cost-reimbursement agreement +} shall be negotiated with the permit
applicant (({- in -})) {+ following +} the meeting required pursuant to
RCW 90.60.070.  {+ Permit agencies may assign work to current staff,
temporary staff, or technical consultants in order to carry out the
work covered by the written cost-reimbursement agreement or the work
remaining for the permit agency as a result of the coordinated permit
process. +}  The billing process shall provide for accurate time and
cost accounting and may include a billing cycle that provides for
progress payments.
     {+ NEW SECTION. +}  Sec. 14.  A new section is added to chapter
90.60 RCW to read as follows:
     (1) State permitting agencies shall participate in developing the
integrated permit process, including the integrated public hearing, and
use the integrated record of decision.
     (2) State permitting agencies shall review procedures for
developing an integrated state appeal procedure, which would utilize
the integrated record of decision.
     {+ NEW SECTION. +}  Sec. 15.  A new section is added to chapter
47.01 RCW to read as follows:
     The legislature recognizes that the department is working to
develop programmatic permits with state and federal agencies to address
project and maintenance impacts under the federal endangered species
act and the federal clean water act.  The legislature encourages the
department's efforts in this regard and directs the department to work
collaboratively with local governments when negotiating and developing
these programmatic permits and to provide local governments with
opportunity to participate in this process to the extent practicable.
     {+ NEW SECTION. +}  Sec. 16.  The following acts or parts of acts
are each repealed:
     (1) RCW 43.131.387 (Permit assistance center--Termination) and 1995
c 347 s 617; and
     (2) RCW 43.131.388 (Permit assistance center--Repeal) and 1995 c347 s 618.
     {+ NEW SECTION. +}  Sec. 17.  If specific funding for the purposes
of section 11 of this act, referencing section 11 of this act by bill
or chapter number and section number, is not provided by June 30, 1999,
in the omnibus appropriations act, section 11 of this act is null andvoid.
     {+ NEW SECTION. +}  Sec. 18.  A new section is added to chapter
43.30 RCW to read as follows:
     The legislature encourages the department to develop programmatic
permits with state and federal agencies to address impacts under the
federal endangered species act and the federal clean water act.  The
legislature also directs the department to work collaboratively with
local governments when negotiating and developing these programmatic
permits to the extent practicable.
     {+ NEW SECTION. +}  Sec. 19.  A new section is added to chapter
43.300 RCW to read as follows:
     The legislature encourages the department to develop programmatic
permits with state and federal agencies to address impacts under the
federal endangered species act and the federal clean water act.  The
legislature also directs the department to work collaboratively with
local governments when negotiating and developing these programmatic
permits to the extent practicable.
     {+ NEW SECTION. +}  Sec. 20.  A new section is added to chapter
43.17 RCW to read as follows:
     The legislature encourages the department of ecology to develop
programmatic permits with state and federal agencies to address impacts
under the federal endangered species act and the federal clean water
act.  The legislature also directs the department of ecology to work
collaboratively with local governments when negotiating and developing
these programmatic permits to the extent practicable.
                                     --- END ---