At the request of a project
proponent, the office shall assist the project proponent in
determining what regulatory requirements, processes, and permits
apply to the project, as provided in this section.
(1) The office shall assign a project facilitator who shall
discuss applicable regulatory requirements, permits, and
processes with the project proponent and explain the available
options for obtaining required permits and regulatory review.
(2) If the project proponent and the project facilitator
agree that the project would benefit from a project scoping, the
project facilitator shall conduct a project scoping with the
project proponent and the relevant permitting and regulatory
agencies. The project facilitator shall invite the participation
of the relevant federal agencies and tribal governments.
(a) The purpose of the project scoping is to identify the
issues and information needs of the project proponent and the
participating permit agencies regarding the project, share
perspectives, and jointly develop a strategy for the processing
of required permits by each participating permit agency.
(b) The scoping shall address:
(i) The permits that are required for the project;
(ii) The permit application forms and other application
requirements of the participating permit agencies;
(iii) The specific information needs and issues of concern
of each participant and their significance;
(iv) Any statutory or regulatory conflicts that might arise
from the differing authorities and roles of the permit agencies;
(v) Any natural resources, including federal or state listed
species, that might be adversely affected by the project and
might cause an alteration of the project or require mitigation;
and
(vi) The anticipated time required for permit decisions by
each participating permit agency, including the time required to
determine if the permit application is complete, to conduct
environmental review, and to review and process the application.
In determining the time required, full consideration must be
given to achieving the greatest possible efficiencies through any
concurrent studies and any consolidated applications, hearings,
and comment periods.
(c) The outcome of the project scoping shall be documented
in writing, furnished to the project proponent, and be made
available to the public.
(d) The project scoping shall be completed within sixty days
of the project proponent's request for a project scoping.
(e) Upon completion of the project scoping, the
participating permit agencies shall proceed under their
respective authority. The agencies are encouraged to remain in
communication for purposes of coordination until their final
permit decisions are made.
(3) This section does not create an independent cause of
action, affect any existing cause of action, or establish time
limits for purposes of RCW 64.40.020.
[2007 c 94 § 6; 2003 c 54 § 4; 2002 c 153 § 6.]
NOTES:
Sunset Act application: See note following RCW 43.42.005.