43.42.060 - Fully coordinated permit process -- Requirements -- Procedure.

Fully coordinated permit process — Requirements — Procedure.

(1) A project proponent may submit a written request to the director of the office for participation in a fully coordinated permit process. Designation as a fully coordinated project requires that:

     (a) The project proponent enters into a cost-reimbursement agreement pursuant to RCW 43.42.070;

     (b) The project has a designation under chapter 43.157 RCW; or

     (c) The director determine that (i)(A) the project raises complex coordination, permit processing, or substantive permit review issues; or (B) if completed, the project would provide substantial benefits to the state; and (ii) the office, as well as the participating permit review agencies, have sufficient capacity within existing resources to undertake the full coordination process without reimbursement and without seriously affecting other services.

     (2) A project proponent who requests designation as a fully coordinated permit process project must provide the office with a full description of the project. The office may request any information from the project proponent that is necessary to make the designation under this section, and may convene a scoping meeting or a work plan meeting of the likely participating permit agencies.

     (3) When a project is designated for the fully coordinated permit process, the office shall serve as the main point of contact for the project proponent and participating agencies with regard to the permit process for the project as a whole. The office shall keep an up-to-date project management log and schedule illustrating required procedural steps in the permitting process, and highlighting substantive issues as appropriate that must be resolved in order for the project to move forward. In carrying out these responsibilities, the office shall:

     (a) Ensure that the project proponent has been informed of all the information needed to apply for the permits that are included in the coordinated permit process;

     (b) Coordinate the timing of review for those permits by the respective participating permit agencies;

     (c) Facilitate communication between project proponents, consultants, and agency staff to promote timely permit decisions;

     (d) Assist in resolving any conflict or inconsistency among the permit requirements and conditions that are expected to be imposed by the participating permit agencies; and

     (e) Make contact, at least once, with any local, tribal, or federal jurisdiction that is responsible for issuing a permit for the project and invite them to participate in the coordinated permit process or to receive periodic updates in the project.

     (4) Within thirty days, or longer with agreement of the project proponent, of the date that the office designates a project for the fully coordinated permit process, it shall convene a work plan meeting with the project proponent and the participating permit agencies to develop a coordinated permit process schedule. The meeting agenda shall include at least the following:

     (a) Review of the permits that are required for the project;

     (b) A review of the permit application forms and other application requirements of the agencies that are participating in the coordinated permit process;

     (c) An estimation of the timelines that will be used by each participating permit agency to make permit decisions, including the estimated time periods required to determine if the permit applications are complete and to review or respond to each application or submittal of new information.

     (i) The estimation must also include the estimated number of revision cycles for the project, or the typical number of revision cycles for projects of similar size and complexity.

     (ii) In the development of this timeline, full attention shall be given to achieving the maximum efficiencies possible through concurrent studies and consolidated applications, hearings, and comment periods.

     (iii) Estimated action or response times for activities of the office that are required before or trigger further action by a participant must also be included;

     (d) Available information regarding the timing of any public hearings that are required to issue permits for the project and a determination of the feasibility of coordinating or consolidating any of those required public hearings; and

     (e) A discussion of fee arrangements for the coordinated permit process, including an estimate of the costs allowed by statute, any reimbursable agency costs, and billing schedules, if applicable.

     (5) Each agency shall send at least one representative qualified to discuss the applicability and timelines associated with all permits administered by that agency or jurisdiction. At the request of the project proponent, the office shall notify any relevant local or federal agency or federally recognized Indian tribe of the date of the meeting and invite that agency's participation in the process.

     (6) Any accelerated time period for the consideration of a permit application shall be consistent with any statute, rule, or regulation, or adopted state policy, standard, or guideline that requires the participation of other agencies, federally recognized Indian tribes, or interested persons in the application process.

     (7) If a permit agency or the project proponent foresees, at any time, that it will be unable to meet the estimated timelines or other obligations under the agreement, it shall notify the office of the reasons for the problem and offer potential solutions or an amended timeline for resolving the problem. The office shall notify the participating permit agencies and the project proponent and, upon agreement of all parties, adjust the schedule, or, if necessary, schedule another work plan meeting.

     (8) The project proponent may withdraw from the coordinated permit process by submitting to the office a written request that the process be terminated. Upon receipt of the request, the office shall notify each participating permit agency that a coordinated permit process is no longer applicable to the project.

[2009 c 421 § 8; 2009 c 97 § 6; 2007 c 94 § 7; 2003 c 54 § 5; 2002 c 153 § 7.]

Notes: Reviser's note: This section was amended by 2009 c 97 § 6 and by 2009 c 421 § 8, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).

Sunset Act application: See note following RCW 43.42.005.

Effective date -- 2009 c 421: See note following RCW 43.157.005.