Revised Code of Washington - RCW Title 43 State Government -- Executive - Section 43.42.050 Assisting project proponent -- Project facilitator -- Project scoping

§ 43.42.050. Assisting project proponent -- Project facilitator -- Project scoping

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.

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Last modified: April 7, 2009