Transportation projects

AN ACT Relating to streamlining transportation projects; amending 1
RCW 47.85.020; adding a new section to chapter 47.04 RCW; creating a 2
new section; providing an effective date; and providing an expiration 3
date. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 47.85.020 and 2021 c 289 s 3 are each amended to 6
read as follows: 7
The department must streamline the permitting process by 8
developing and maintaining positive relationships with the regulatory 9
agencies and the Indian tribes. The department can reduce the time it 10
takes to obtain permits by incorporating impact avoidance and 11
minimization measures into project design and by developing complete 12
permit applications. To streamline the permitting process, the 13
department must: 14
(1) Implement a multiagency permit program, commensurate with 15
program funding levels, consisting of appropriate regulatory agency 16
staff with oversight and management from the department.17
(a) The multiagency permit program must provide early project 18
coordination, expedited project review, project status updates, 19
technical and regulatory guidance, and construction support to ensure 20
compliance. 21
H-3053.4
HOUSE BILL 2718
State of Washington 69th Legislature 2026 Regular Session
By Representative Richards
Read first time 02/03/26. Referred to Committee on Transportation.
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(b) The multiagency permit program staff must assist department 1
project teams with developing complete biological assessments and 2
permit applications, provide suggestions for how the project can 3
avoid and minimize impacts, and provide input regarding mitigation 4
for unavoidable impacts.5
(c)(i)(A) Once a determination has been made that a project will 6
need to receive a particular permit and the relevant parameters of 7
the permit have been sufficiently established, the multiagency permit 8
program staff must ensure, to the maximum extent possible, that a 9
meeting with the appropriate federal or state agency or agencies 10
responsible for the issuance of the permit occurs within 30 days. In 11
addition to any other discussion regarding the permit, such a meeting 12
must develop methods by which the issuance of the permit may be 13
expedited. The multiagency permit program staff is responsible for 14
the implementation of any such methods, to the extent possible.15
(B) Within 30 days of determining that a project will need to 16
receive a particular permit and the relevant parameters of the permit 17
being sufficiently established, the multiagency permit program staff 18
must begin soliciting community input regarding the permit, including 19
from impacted cities, counties, and federally recognized tribes. 20
Cities, counties, and federally recognized tribes must also be 21
included in any outreach and meetings regarding the permit, to the 22
extent possible.23
(ii) The multiagency permit program staff must, to the maximum 24
extent possible, ensure that within 90 days of the occurrence of a 25
meeting pursuant to (c)(i) of this subsection, that a decision is 26
reached regarding the issuance of the permit.27
(iii)(A) If no comments regarding a permit are made, by the 28
agency responsible for the issuance of a permit listed in (c)(iii)(D) 29
of this subsection, within 60 days of the submission of the permit 30
application, the permit is deemed approved.31
(B) If comments regarding a permit are made, by the agency 32
responsible for the issuance of a permit listed in (c)(iii)(D) of 33
this subsection, the multiagency permit program staff may resubmit 34
the permit with such modifications as are necessary to resolve the 35
comment or comments. If no further comments are received, from the 36
agency responsible for the issuance of a permit listed in (c)(iii)(D) 37
of this subsection, within 30 days of the resubmission of the permit 38
application, the permit is deemed approved.39
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(C) If all comments regarding a permit made pursuant to 1
(c)(iii)(A) and (B) of this subsection, by the agency responsible for 2
the issuance of a permit listed in (c)(iii)(D) of this subsection, 3
have been addressed according to the objective written standards of 4
that agency and no permit has been issued, the multiagency permit 5
program staff may make a finding that:6
(I) All comments regarding a permit based on objective written 7
standards, by the agency responsible for the issuance of a permit 8
listed in (c)(iii)(D) of this subsection, have been addressed; and9
(II) A reasonable person would find that any comments that have 10
not been addressed are extraneous or irrelevant to the objective 11
written standards of the agency responsible for the issuance of a 12
permit listed in (c)(iii)(D) of this subsection, and the permit is 13
deemed approved.14
(D) The following types of permits may be used:15
(I) Hydraulic project approvals required under chapter 77.55 RCW;16
(II) Shoreline permits required under chapter 90.58 RCW;17
(III) State environmental policy act permits required under 18
chapter 43.21C RCW; and19
(IV) Wastewater discharge permits required under chapter 90.48 20
RCW;21
(E) Comments by the agency responsible for the issuance of a 22
permit listed in (c)(iii)(D) of this subsection must be based on 23
objective written standards.24
(vi) As part of their efforts to streamline permitting, 25
multiagency permit program staff must collaborate with and ensure 26
input from impacted federally recognized tribes. Such collaboration 27
and input must be solicited as early as is feasible and continue 28
throughout the process of obtaining permits; 29
(2) Establish, implement, and maintain programmatic agreements 30
and permits with federal and state agencies to expedite the process 31
of ensuring compliance with the endangered species act, section 106 32
of the national historic preservation act, hydraulic project 33
approvals, the clean water act, and other federal acts as 34
appropriate; 35
(3) Collaborate with permitting staff from the United States army 36
corps of engineers, Seattle district, department of ecology, and 37
department of fish and wildlife to develop, implement, and maintain 38
complete permit application guidance. The guidance must identify the 39
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information that is required for agencies to consider a permit 1
application complete; 2
(4) Perform internal quality assurance and quality control to 3
ensure that permit applications are complete before submitting them 4
to the regulatory agencies; and 5
(5) Implement a multiagency effort, in coordination with the 6
department of ecology and the department of fish and wildlife, and 7
work with the relevant federal environmental permitting agencies to 8
streamline the acquisition of commonly needed environmental permits 9
and approvals for department of transportation fish passage barrier 10
correction projects. Expected results include developing programmatic 11
permit options that simplify the application process, reduce 12
paperwork, and reduce the amount of time and cost it takes to acquire 13
these permits and approvals. 14
NEW SECTION. Sec. 2. A new section is added to chapter 47.04 15
RCW to read as follows: 16
(1) The department shall develop a publicly accessible website 17
that provides ratings for contractors who bid on state and local 18
transportation projects. The ratings for each contractor must 19
consider the following criteria: 20
(a) The contractor's bid on a project; 21
(b) The final cost of that project; 22
(c) The proposed completion date for that project;23
(d) The final completion date for that project; and24
(e) Other objective criteria that the department determines are 25
relevant. 26
(2) The department must provide a rating on the website for every 27
contractor that bids on a state transportation project. All other 28
state agencies and local governments may provide information to the 29
website, in order to create or enhance a rating for a contractor.30
(3) The fact that a contractor has a rating above, below, or 31
equal to a minimum guideline or guidelines established by the 32
department, based on the criteria in subsection (1) of this section, 33
is an item the department may take into account when awarding a 34
contract. 35
NEW SECTION. Sec. 3. (1) The department of transportation, in 36
order to streamline the process of issuing permits for transportation 37
projects, shall:38
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(a) Develop templates for permit approval based upon each 1
permitting agencies' policies, for use by state agencies and local 2
governments; 3
(b) Identify all emergency provisions that allow for expedited 4
processing of project construction at times of emergency that may be 5
implemented during periods of nonemergency, and incorporate that work 6
into ongoing permitting processes; 7
(c) Identify opportunities to simplify funding sources and best 8
distribute federal resources to maximize timely project delivery;9
(d) Create a plan for centralizing communication and current 10
information on the progress of issuing any permit, in a user friendly 11
way; 12
(e) Create processes for identifying points of contact within 13
each permitting agency for a given permit and the individual 14
responsible for communicating any staff changes; 15
(f) Develop recommendations for changing the process allowing 16
permit exemptions; and 17
(g) Develop plans for programmatic permits based upon project 18
type and identify tools available to maximize efficiency in permit 19
approval for projects. 20
(2) The department of transportation must provide a report to the 21
transportation committees of the legislature detailing its work 22
pursuant to this section and any recommendations, including any 23
recommendations for legislation, by December 1, 2027.24
(3) This section expires December 31, 2027. 25
NEW SECTION. Sec. 4. This act takes effect October 1, 2026.26
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