Washington State Department of Transportation Permitting and Appeals.
The Washington State Department of Transportation (WSDOT) must obtain various local permits associated with many of the transportation projects that it oversees. Consistent with local government regulations, certain appeals of local permitting decisions are directed first to a local hearing examiner or other local appeals venue, including appeals of permitting decisions associated with local critical environmental areas ordinances adopted under the Growth Management Act.
The National and State Environmental Policy Acts.
The National Environmental Policy Act (NEPA) establishes a review process to identify environmental impacts of certain decisions by the federal government, including for projects that require the issuance of a permit. Likewise, the State Environmental Policy Act (SEPA) establishes a review process for state and local governments to evaluate environmental impacts from project permits and other government decisions. The NEPA and the SEPA both exempt certain actions from requirements for the submission of an environmental checklist, or the development of an environmental impact statement. An agency conducting a SEPA review may adopt a NEPA environmental analysis if the NEPA analysis is consistent with SEPA requirements, including the scope of environmental elements analyzed under the SEPA. Certain WSDOT activities are exempt from NEPA requirements, SEPA requirements, or are exempt from both.
Shoreline Management Act Permits.
The Shoreline Management Act (SMA) of 1971 requires that most developments near state shorelines be consistent with shoreline master programs, which are plans developed by local governments for the uses of its shoreline areas. Certain projects require a substantial development permit that is reviewed by the local government and filed with the Department of Ecology (Ecology). In certain property-specific circumstances, variance permits or conditional use permits may be issued by a local government that allow for development that is not consistent with the local shoreline master program. Certain other types of development, such as single-family residences and bulkheads to protect single-family residences, are exempt from permit requirements under the SMA. Local governments must submit letters of exemption to Ecology for developments that require federal approval, but are exempt from SMA substantial development permit requirements.
Water Pollution Regulations and Programs.
Ecology is authorized to implement the federal Clean Water Act's discharge program and state water pollution control laws. Through these programs, Ecology is authorized to issue federal and state water quality permits for persons that discharge to waters of the state.
The Hydraulic Project Approval (HPA) program is a permitting process managed by the Washington Department of Fish and Wildlife (WDFW). Any activity that will use, divert, obstruct, or change the natural flow or bed of any of the salt or freshwaters of the state must first obtain an HPA from the WDFW. Through the HPA process, the WDFW specifically analyzes and conditions projects based on the anticipated effect on fish life.
The WSDOT, in consultation with Ecology, is directed to convene a work group to develop recommendations to streamline the permitting of transportation projects, with such streamlining defined to include aligning priorities, legal requirements, processing, and interests. The work group is required to consist of the following members:
The work group is directed to develop recommendations to reduce project costs and the time required from project conception to project completion. These recommendations must also ensure that all appropriate environmental and regulatory protections are maintained. Staff support to the work group must be provided by the WSDOT.
The work group must convene its first meeting by July 30, 2025, and submit a report to the Legislature detailing its work and any recommendations, including any recommendations for legislation, by November 1, 2026.
The substitute bill defines streamlining permitting of transportation projects to include aligning priorities, legal requirements, processing, and interests.
The substitute bill adds the following four members to the work group:
The substitute bill also allows for additional representatives from tribes, and requires additional coordination from the GOIA.
Finally, the substitute bill moves the required start date of work group meetings from July 30, 2025 to October 1, 2025.
(In support) There's a particular section of road on the Key Peninsula where there are known to be accidents. It's a tricky intersection, and one that needs to be addressed. One of the long-term solutions is to put in a roundabout, and there are multiple agencies listed, including the county, that would require permitting to be done.
The regulatory process is not serving anyone particularly well on this. There are extended timelines that are involved in getting transportation projects permitted, approved, and then built.
This bill will bring together stakeholders to talk about what it's going to take to align environmental labor and other standards, to ultimately get our projects built faster and cheaper. This has been a big priority for folks across our state who want to see government be more efficient, more effective, and deliver results for people in a more timely manner, particularly when it comes to getting to and from the places that matter most to us, whether that's home, school, the hospital, the grocery store, or anywhere we love to play.
This is an important piece of legislation. While there's work being done already on this by the WSDOT, this is a complementary effort, and not a cumbersome one, as that's the whole point of this legislation.
There are other stakeholders that need to be involved, from the ports to expanded invitations to the tribes among others, to make sure that the state is moving forward in a more efficient and effective way, while also protecting environmental and labor standards.
(Opposed) None.
Representative Adison Richards, prime sponsor.