(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 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 § 13; 2003 c 70 § 4; 2000 c 251 § 5.]
NOTES:
Intent -- Captions not law -- Effective date -- 2000 c 251: See notes following RCW 43.21A.690.