(1) The
department may enter into a written cost-reimbursement agreement
with a permit applicant or project proponent to recover from the
applicant or proponent the reasonable costs incurred by the
department 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. The cost-reimbursement
agreement shall identify the specific tasks, costs, and schedule
for work to be conducted under the agreement.
(2) The written cost-reimbursement agreement shall be
negotiated with the permit applicant or project proponent. Under
the provisions of a cost-reimbursement agreement, funds from the
applicant or proponent shall be used by the department to
contract with an independent consultant to carry out the work
covered by the cost-reimbursement agreement. The department may
also use funds provided under a cost-reimbursement agreement to
assign current staff to review the work of the consultant, to
provide necessary technical assistance when an independent
consultant with comparable technical skills is unavailable, and
to recover reasonable and necessary direct and indirect costs
that arise from processing the permit. The department shall, in
developing the agreement, ensure that final decisions that
involve policy matters are made by the agency and not by the
consultant. The department shall make an estimate of the number
of permanent staff hours to process the permits, and shall
contract with consultants to replace the time and functions
committed by these permanent staff to the project. The billing
process shall provide for accurate time and cost accounting and
may include a billing cycle that provides for progress payments.
Use of cost-reimbursement agreements shall not reduce the current
level of staff available to work on permits not covered by
cost-reimbursement agreements. The department may not use any
funds under a cost-reimbursement agreement to replace or supplant
existing funding. The restrictions of chapter 42.52 RCW apply to
any cost-reimbursement agreement, and to any person hired as a
result of a cost-reimbursement agreement.
[2007 c 94 § 12; 2003 c 70 § 3; 2000 c 251 § 4.]
NOTES:
Intent -- Captions not law -- Effective date -- 2000 c 251: See notes following RCW 43.21A.690.