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.
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