Revised Code of Washington
Chapter 43.21A - Department of Ecology.
43.21A.690 - Cost-reimbursement agreements.

RCW 43.21A.690
Cost-reimbursement agreements.

(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.
(2) The cost-reimbursement agreement shall identify the tasks and costs for work to be conducted under the agreement. The agreement must include a schedule that states:
(a) The estimated number of weeks for initial review of the permit application;
(b) The estimated number of revision cycles;
(c) The estimated number of weeks for review of subsequent revision submittals;
(d) The estimated number of billable hours of employee time;
(e) The rate per hour; and
(f) A date for revision of the agreement if necessary.
(3) 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 hire temporary employees, 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 or hire temporary employees 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.
(4) The cost-reimbursement agreement must not negatively impact the processing of other permit applications. In order to maintain permit processing capacity, the agency may hire outside consultants, temporary employees, or make internal administrative changes. Consultants or temporary employees hired as part of a cost-reimbursement agreement or to maintain agency capacity are hired as agents of the state not of the permit applicant. 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.

[ 2009 c 97 § 8; 2007 c 94 § 10; 2003 c 70 § 1; 2000 c 251 § 2.]
NOTES:

Intent—2000 c 251: "It is the intent of the legislature to allow applicants for environmental permits for complex projects to compensate permitting agencies for providing environmental review through the voluntary negotiation of cost-reimbursement agreements with the permitting agency. It is the further intent of the legislature that cost-reimbursement agreements for complex projects free permitting agency resources to focus on the review of small projects permits." [ 2000 c 251 § 1.]


Captions not law—2000 c 251: "Captions used in this act are not any part of the law." [ 2000 c 251 § 8.]


Effective date—2000 c 251: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 31, 2000]." [ 2000 c 251 § 9.]

Structure Revised Code of Washington

Revised Code of Washington

Title 43 - State Government—Executive

Chapter 43.21A - Department of Ecology.

43.21A.005 - Intent—Public involvement and outreach.

43.21A.010 - Legislative declaration of state policy on environment and utilization of natural resources.

43.21A.020 - Purpose.

43.21A.030 - Definitions.

43.21A.040 - Department of ecology—Created.

43.21A.050 - Department of ecology—Director—Appointment—Powers and duties—Salary—Temporary appointment when vacancy.

43.21A.061 - Powers and duties—Reclamation.

43.21A.064 - Powers and duties—Water resources.

43.21A.067 - Water resources—"Basic data fund" created.

43.21A.068 - Federal power act licensees—Exemption from state requirements.

43.21A.069 - Powers and duties—Flood control.

43.21A.070 - Application of administrative procedure act to the review of decisions by director.

43.21A.080 - Rule-making authority.

43.21A.081 - Five-year formal review process of existing rules.

43.21A.085 - Technical assistance officer and units—Coordination of voluntary compliance with regulatory laws.

43.21A.087 - Technical assistance officer and units—Authority to issue orders or assess penalties.

43.21A.090 - Powers, duties and functions transferred to department to be performed by director—Delegation by director, limitations.

43.21A.100 - Departmental administrative divisions—Deputy director, duties—Assistant directors, duties—As exempt from state civil service law—Salaries.

43.21A.120 - Director to employ personnel—Application of state civil service law.

43.21A.130 - Studies—Limitations.

43.21A.140 - Director to consult with department, state board of health.

43.21A.150 - Director to consult with other states, federal government, and Canadian provinces—Authority to receive and disburse grants, funds, and gifts—Department's website list of interagency agreements.

43.21A.155 - Environmental excellence program agreements—Effect on chapter.

43.21A.160 - Request for certification of records as confidential—Procedure.

43.21A.165 - Environmental technology—Review of certification programs—Demonstration activities.

43.21A.175 - Environmental certification programs—Fees—Rules—Liability.

43.21A.230 - Certification of environmental laboratories authorized—Fees—Use of certified laboratories by persons submitting data or results to department.

43.21A.235 - Exemption from laboratory certification and fee requirements.

43.21A.350 - Master plan of development.

43.21A.355 - Master plan of development—Public hearings.

43.21A.405 - Marine pollution—Baseline study program—Legislative finding and declaration.

43.21A.410 - Marine pollution—Baseline study program established—Utilization of related programs—Coordination—Contracts.

43.21A.415 - Marine pollution—Baseline study program—Scope of database produced.

43.21A.420 - Marine pollution—Baseline study program—Priority factors.

43.21A.430 - Catalytic converters in police, ambulance or emergency aid vehicles—Department's powers restricted in respect thereto.

43.21A.440 - Department authorized to participate in and administer federal Comprehensive Environmental Response, Compensation and Liability Act.

43.21A.445 - Departments authorized to participate in and administer federal Safe Drinking Water Act—Agreements with other departments.

43.21A.450 - Control of outflow and level of Lake Osoyoos—Lake Osoyoos International Water Control Structure authorized.

43.21A.470 - Yakima enhancement project—Duties—Request for congressional authorization for pipeline.

43.21A.510 - State environmental profile.

43.21A.515 - Assistance to businesses interested in locating in Washington required—Information on environmental laws and regulations to be provided.

43.21A.520 - Environmental excellence awards program for products.

43.21A.600 - Powers and duties—Electric power resources.

43.21A.605 - Development of electric power resources—Cooperation with governmental units.

43.21A.610 - Steam electric generating plant—Study—Construction.

43.21A.612 - Steam electric generating plant—Statement of intention—Construction by public utility, operating agency, or the department, procedure—Powers of director of community, trade, and economic development.

43.21A.614 - Steam electric generating plant—Powers of director in constructing, operating and maintaining.

43.21A.616 - Steam electric generating plant—Eminent domain.

43.21A.618 - Steam electric generating plant—State not financially obligated—Separation and expenditure of funds.

43.21A.620 - Steam electric generating plant—Revenue bonds and warrants.

43.21A.622 - Steam electric generating plant—Special funds—Payment of bonds, interest.

43.21A.624 - Steam electric generating plant—Considerations in issuance of bonds, limitations.

43.21A.626 - Steam electric generating plant—Resolution authorizing issuance of bonds, contents, covenants.

43.21A.628 - Steam electric generating plant—Sale of bonds.

43.21A.630 - Steam electric generating plant—Examination, registration of bonds by state auditor—Defects, irregularities.

43.21A.632 - Steam electric generating plant—Rates or charges.

43.21A.634 - Steam electric generating plant—Refunding revenue bonds.

43.21A.636 - Steam electric generating plant—Signatures on bonds.

43.21A.638 - Steam electric generating plant—Provisions of law, resolution, a contract with bondholder—Enforcement.

43.21A.640 - Steam electric generating plant—Bonds are legal security, investment, negotiable.

43.21A.642 - Steam electric generating plant—Director not authorized to acquire other facilities or engage in retail distribution.

43.21A.650 - Freshwater aquatic weeds account.

43.21A.660 - Freshwater aquatic weeds management program.

43.21A.662 - Freshwater aquatic weeds management program—Advisory committee.

43.21A.667 - Aquatic algae control account—Freshwater and saltwater aquatic algae control program.

43.21A.680 - Solid waste plan advisory committee abolished.

43.21A.681 - Geoduck aquaculture operations—Guidelines—Rules.

43.21A.690 - Cost-reimbursement agreements.

43.21A.700 - Transfer of ownership of department-owned vessel—Review of vessel's physical condition.

43.21A.702 - Transfer of ownership of department-owned vessel—Further requirements.

43.21A.711 - Used oil contaminated with polychlorinated biphenyl—Petition for reimbursement of extraordinary costs—Processing and prioritizing petitions—Prioritized list to the legislature.

43.21A.721 - Grants to emergency responders—Assistance to meet the requirements of chapter 274, Laws of 2015.

43.21A.730 - Office of Chehalis basin.

43.21A.731 - Chehalis board.

43.21A.732 - Chehalis basin strategy.

43.21A.733 - Chehalis basin account.

43.21A.734 - Chehalis basin taxable account.

43.21A.735 - Cannabis science task force.

43.21A.736 - Cannabis product testing—Fees—Rules.

43.21A.738 - Improvements to permitting processes for industrial projects and facilities—Recommendations—Greenhouse gas emissions limits.

43.21A.740 - Environmental justice obligations of the department of ecology.

43.21A.900 - Chapter to be liberally construed.

43.21A.910 - Savings—Permits, standards not affected—Severability—Effective date—1970 ex.s. c 62.