BP BHEAD INT S

AN ACT Relating to the environmental science advisory board; amending RCW 70.105D.030 and 70.94.039; adding a new chapter to Title 43 RCW; creating new sections; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. TITLE. This chapter shall be known as the environmental science advisory board act.

NEW SECTION. Sec. 2. INTENT. The legislature intends by enacting this chapter:

(1) That scientific expertise be provided to guide the legislature and state agencies in the formulation of environmental quality policies, and in the adoption of program budgets, that address significant threats to environmental quality, and to ensure that the limited public and private resources available for environmental protection strategies be allocated consistently with the relative magnitude of environmental threats;

(2) To periodically evaluate and make recommendations to the legislature and the governor on environmental monitoring and data management systems to comprehensively assess trends in different environmental parameters;

(3) To make recommendations for modifying existing policies and programs to address new or increased environmental threats, as well as reduced or eliminated environmental threats;

(4) That laws, rules, and programs for the protection of environmental quality are adopted and implemented in light of established scientific methods and information, giving due regard to the advancement of scientific learning that may affect existing or proposed regulations;

(5) That laws and rules for the protection of environmental quality should take into account the relative risk associated with the threat being addressed, and the nature and extent of such risk should be assessed under sound scientific review; and

(6) That the public, legislature, and agencies implementing environmental protection laws will be well served in these concerns by the creation of an environmental science advisory board to advise the legislature, governor, and state agencies on all scientific matters relating to the protection of environmental quality.

NEW SECTION. Sec. 3. DEFINITIONS. As used in this chapter, unless the context requires otherwise, "environmental quality" shall mean and include public health parameters associated with pollutants or contaminants to any or all environmental media, including air, water, and land. "Environmental quality" shall also include all parameters associated with sustainable ecological systems in addition to such public health parameters. The term "environmental quality" as used in this chapter generally does not include public health parameters associated with workplace safety, food safety and inspection, communicable disease and related public health concerns, or the provision of health care services.

NEW SECTION. Sec. 4. BOARD MEMBERSHIP AND MEETINGS. (1) There is created the environmental science advisory board. The board shall consist of seven members appointed by the governor. The members shall be qualified by education, training, and experience to evaluate scientific and technical issues relative to policies, programs, laws, and rules for the protection of environmental quality. Board members may possess specialized expertise in scientific disciplines such as biology, chemistry, geology, hydrology, climatology, forestry, ecology, engineering, toxicology, mathematics, and statistics.

(2) The members of the board first appointed shall serve terms as follows:

(a) Three members shall serve three-year terms; and

(b) Four members shall serve two-year terms.

Thereafter, members appointed to replace members completing their terms shall be appointed to two-year terms. Upon resignation of a member the governor shall appoint a replacement within thirty days of the resignation's effective date.

(3) The governor shall make the initial appointments to the board within one hundred twenty days of the effective date of this act. Within one hundred fifty days of the effective date of this act, the governor shall convene the initial meeting of the board. At the initial meeting the members shall choose a chair. Thereafter, the position of chair shall be rotated annually.

(4) The board shall adopt procedures governing its activities and meetings, which shall be open to the public. The board shall adopt procedures allowing for public review and comment on board deliberations and reports.

NEW SECTION. Sec. 5. ADMINISTRATION. (1) The department of ecology shall provide necessary administrative and staff support to the board. Any other agency of state government, or public institution of higher education, may detail one or more employees to support the activities of the board.

(2) Per diem compensation shall be provided to the members pursuant to RCW 43.03.040.

NEW SECTION. Sec. 6. POWERS AND DUTIES. (1) The board shall periodically advise the legislature, governor, and state agencies implementing environmental quality laws, on matters relating to:

(a) Relative priorities of environmental threats, and the correspondence of laws, programs, and program budgets to address such threats;

(b) Methods to improve environmental parameter monitoring and data management for the purpose of assessing environmental trends and improving the response of programs to environmental threats;

(c) Methods to integrate scientific testing and evaluation in the assessment of risks that are considered in the adoption of environmental quality laws, rules, and policies.

(2) In addition to the duties under subsection (1) of this section, the board may, within appropriated funding, review existing and proposed environmental quality rules and policies adopted by the department of ecology or other agencies of state government. As soon as practicable after the development of proposed rules or policies, a state agency developing an environmental quality rule shall seek the board's advice and guidance to incorporate the best available scientific and technical information. The board shall establish procedures to facilitate such consultation and to provide timely and complete advice to the agency. Where the board determines not to review or provide advice on the rule or policy, it shall notify the agency in writing in an expeditious manner to avoid delays to the agency's schedule. The agency proposing the rules shall assist in the board's review by providing an explanation of the scientific and technical basis for the proposed rules or policies. The responsible official of the agency adopting the rules or policies shall give due consideration to the advice of the board.

(3) In providing advice on a proposed environmental quality rule or policy, the board shall apply its scientific and technical expertise in the consideration of:

(a) The nature of the harm to be avoided or prevented, including, but not limited to, acute or chronic damage to living organisms, loss or destruction of natural resources, aesthetic damage to the environment, or damage to public health;

(b) Whether the occurrence of such harm is predicted based on actual past occurrences or is based on theoretical predictions from known data; and

(c) The probability of occurrence of such harm and the relation of such probability to the normal risks associated with everyday life.

(4) Beginning July 1, 1994, the board shall assume the advisory duties of the science advisory board on hazardous waste cleanup issues required under RCW 70.105D.030(4).

(5) The board shall also advise the department of ecology with respect to air contaminant emissions risks as required by RCW 70.94.039.

Sec. 7. RCW 70.105D.030 and 1989 c 2 s 3 are each amended to read as follows:

(1) The department may exercise the following powers in addition to any other powers granted by law:

(a) Investigate, provide for investigating, or require potentially liable persons to investigate any releases or threatened releases of hazardous substances, including but not limited to inspecting, sampling, or testing to determine the nature or extent of any release or threatened release. If there is a reasonable basis to believe that a release or threatened release of a hazardous substance may exist, the department's authorized employees, agents, or contractors may enter upon any property and conduct investigations. The department shall give reasonable notice before entering property unless an emergency prevents such notice. The department may by subpoena require the attendance or testimony of witnesses and the production of documents or other information that the department deems necessary;

(b) Conduct, provide for conducting, or require potentially liable persons to conduct remedial actions (including investigations under (a) of this subsection) to remedy releases or threatened releases of hazardous substances. In carrying out such powers, the department's authorized employees, agents, or contractors may enter upon property. The department shall give reasonable notice before entering property unless an emergency prevents such notice. In conducting, providing for, or requiring remedial action, the department shall give preference to permanent solutions to the maximum extent practicable and shall provide for or require adequate monitoring to ensure the effectiveness of the remedial action;

(c) Indemnify contractors retained by the department for carrying out investigations and remedial actions, but not for any contractor's reckless or wilful misconduct;

(d) Carry out all state programs authorized under the federal cleanup law and the federal resource, conservation, and recovery act, 42 U.S.C. Sec. 6901 et seq., as amended;

(e) Classify substances as hazardous substances for purposes of RCW 70.105D.020(5) and classify substances and products as hazardous substances for purposes of RCW 82.21.020(1); and

(f) Take any other actions necessary to carry out the provisions of this chapter, including the power to adopt rules under chapter 34.05 RCW.

(2) The department shall immediately implement all provisions of this chapter to the maximum extent practicable, including investigative and remedial actions where appropriate. The department, within nine months after March 1, 1989, shall adopt, and thereafter enforce, rules under chapter 34.05 RCW to:

(a) Provide for public participation, including at least (i) the establishment of regional citizen's advisory committees, (ii) public notice of the development of investigative plans or remedial plans for releases or threatened releases, and (iii) concurrent public notice of all compliance orders, enforcement orders, or notices of violation;

(b) Establish a hazard ranking system for hazardous waste sites;

(c) Establish reasonable deadlines not to exceed ninety days for initiating an investigation of a hazardous waste site after the department receives information that the site may pose a threat to human health or the environment and other reasonable deadlines for remedying releases or threatened releases at the site; and

(d) Publish and periodically update minimum cleanup standards for remedial actions at least as stringent as the cleanup standards under section 121 of the federal cleanup law, 42 U.S.C. Sec. 9621, and at least as stringent as all applicable state and federal laws, including health-based standards under state and federal law.

(3) Before November 1st of each even-numbered year, the department shall develop, with public notice and hearing, and submit to the ways and means and appropriate standing environmental committees of the senate and house of representatives a ranked list of projects and expenditures recommended for appropriation from both the state and local toxics control accounts. The department shall also provide the legislature and the public each year with an accounting of the department's activities supported by appropriations from the state toxics control account, including a list of known hazardous waste sites and their hazard rankings, actions taken and planned at each site, how the department is meeting its top two management priorities under RCW 70.105.150, and all funds expended under this chapter.

(4) ((~~The department shall establish a scientific~~)) The environmental science advisory board ((to)) created by section 4 of this act shall render advice to the department with respect to the hazard ranking system, cleanup standards, remedial actions, deadlines for remedial actions, monitoring, the classification of substances as hazardous substances for purposes of RCW 70.105D.020(5) and the classification of substances or products as hazardous substances for purposes of RCW 82.21.020(1). ((The board shall consist of five independent members to serve staggered three-year terms. No members may be employees of the department. Members shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.))

(5) The department shall establish a program to identify potential hazardous waste sites and to encourage persons to provide information about hazardous waste sites.

Sec. 8. RCW 70.94.039 and 1991 c 199 s 314 are each amended to read as follows:

(1) The environmental science advisory board ((~~is hereby~~)) created ((to)) by section 4 of this act shall advise the department on procedures for assessing and managing the risks associated with air contaminant emissions. ((The board shall consist of five members knowledgeable in the fields of risk assessment or risk management. Members shall be appointed by the director of the department. The board shall be staffed by the department.))

(2) The board shall:

(a) Advise the department on the most appropriate methods for identifying and measuring cancer risks or other chronic health effects resulting from exposure to air contaminant emissions; and

(b) Identify, evaluate, and recommend procedures relating to managing the risks associated with exposure to air contaminant emissions.

(3) In fulfilling its duties under subsection (2) of this section, the board shall consider all appropriate studies and reports relating to risk assessment or risk management including but not limited to reports authorized by the federal clean air act from the national academy of sciences and the risk assessment and risk management commission.

(4) ((~~Members shall be compensated as provided in RCW 43.03.250 and shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.~~

~~(5)~~)) The duties of the board under this section shall terminate on July 1, 1996.

NEW SECTION. Sec. 9. BOARD WORK PLAN. Within sixty days of its initial meeting, the board shall develop a work plan that sets priorities for carrying out the duties required by section 6 of this act and RCW 70.105D.030 and 70.94.039. To assist in developing the work plan and setting priorities, all agencies scheduling the potential adoption of an environmental quality rule for the succeeding two years shall provide to the board a description of the proposed subject matter and intended timeline for rule development and adoption. Minor amendments to existing rules need not be included. The work plan shall set higher priority for review upon those rules with substantial impact upon regulated entities and that are addressed to substantial environmental risks. The work plan shall be submitted to the fiscal and environmental standing committees of the legislature, and to the office of financial management, not later than December 31, 1993.

NEW SECTION. Sec. 10. CAPTIONS. Captions as used in this act constitute no part of the law.

NEW SECTION. Sec. 11. CODIFICATION. Sections 1 through 6 of this act shall constitute a new chapter in Title 43 RCW.

NEW SECTION. Sec. 12. REPEALERS. The following acts or parts of acts are each repealed, effective June 30, 1999:

(1) Section 1 of this act;

(2) Section 2 of this act;

(3) Section 3 of this act;

(4) Section 4 of this act;

(5) Section 5 of this act; and

(6) Section 6 of this act.

NEW SECTION. Sec. 13. EMERGENCY CLAUSE. 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 shall take effect immediately.