BP BHEAD INT S

AN ACT Relating to scientific review; amending RCW 70.105D.030 and 70.94.039; adding a new chapter to Title 43 RCW; and repealing RCW 43.21A.170, 43.21A.180, 43.21A.190, 43.21A.200, and 43.21A.210.

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

NEW SECTION. Sec. 1. (1) The legislature finds that:

(a) Scientific research and findings are a necessary part of the identification of public health and environmental quality problems and the development of responses by governmental agencies to those problems;

(b) State and local agencies have limited funding available to conduct basic scientific research relating to public health and environmental problems, and therefore must rely extensively upon scientific information available from other sources, such as research conducted by colleges and universities, the private sector, and the federal government;

(c) While there are many existing mechanisms for the sharing of scientific information and peer review of scientific findings, these mechanisms could be strengthened as between units of Washington state government and local government and the public universities and colleges in the state; and

(d) A means for achieving greater peer review of findings and conclusions of state agencies and units of local government that may be the basis for the development of actions to address public health and environmental problems is to establish a more consistent procedure to obtain the views of those scientists employed by the state's colleges and universities with expertise related to the issue of concern.

(2) Therefore it is the intent of the legislature by this chapter to establish a procedure for sharing scientific views and information on subjects identified by certain state agencies with jurisdiction over public health and environmental quality issues, and to make the procedure available on an optional basis to local governments. This sharing of views and information shall be on an advisory basis only, and shall not affect the jurisdiction of agencies participating in these procedures within their statutory authority to adopt rules or take other actions.

NEW SECTION. Sec. 2. (1) There is created the science and environmental policy panel for the purpose of coordinating the scientific peer review procedures described in section 3 of this act. The science information coordinators appointed by the agencies identified in subsection (3) of this section and the colleges and universities listed in subsection (4) of this section shall participate on the panel.

(2) The panel shall schedule an initial meeting by November 1, 1994, for the purpose of establishing the procedures for scientific peer review, and the coordination and sharing of review responsibilities among the colleges and universities participating in the reviews. Thereafter the panel as a whole shall meet no more frequently than annually, and shall do so solely for the purpose of modifying and improving the general procedures for scientific peer review. The departments of ecology and health shall jointly organize and staff the initial meeting of the panel. At the initial meeting the panel shall establish its operating procedures and determine staffing responsibilities among the participating agencies and higher education institutions.

(3) By September 1, 1994, the chief executive official of the following agencies shall appoint a science information coordinator to perform the responsibilities under this chapter:

(a) Department of ecology;

(b) Department of health;

(d) Department of natural resources;

(e) Department of agriculture;

(f) Department of fish and wildlife;

(g) Department of transportation;

(h) Puget sound water quality authority;

(i) Washington state senate; and

(j) Washington state house of representatives.

(4) By September 1, 1994, the presidents of the following colleges and universities shall appoint a science information coordinator to perform the responsibilities under this chapter:

(a) University of Washington;

(b) Washington State University;

(d) Eastern Washington University;

(e) Central Washington University;

(f) The Evergreen State College.

(5) The members of the science and environmental policy panel shall be reimbursed for travel and other expenses of participating in panel meetings under policies and budget sources applicable through the agency or higher education institution by whom they are employed.

NEW SECTION. Sec. 3. (1) The panel shall develop procedures for providing scientific information and peer review by specialists at the higher education institutions if requested by state agencies through their science information coordinators. These procedures are to be considered as supplemental to other science information consultation mechanisms and, except as otherwise provided expressly in this chapter, shall not affect any such mechanisms. The panel procedures shall facilitate timely and thorough consultation and peer review, and shall take advantage of available data management and network systems providing scientific research and literature on subjects relevant to proposed agency actions. In developing the procedures the panel should address:

(a) The methods for identifying persons at the universities with expertise in the subject being reviewed and obtaining their participation in the review and consultation;

(b) The procedure by which state agencies may request assistance in obtaining existing scientific research data;

(c) Strengthening existing information sharing systems in order to keep state agencies apprised of current research results relevant to their programs;

(d) The procedure by which the senate and the house of representatives may request scientific consultation on subjects under their review;

(e) The procedure for local government information and consultation requests pursuant to section 4 of this act; and

(f) Methods to include private scientific research institutions in the consultation procedures.

(2) By January 1, 1995, the agencies specified in section 2(3)(a) through (h) of this act shall adopt rules specifying the types of agency actions, proposed rules, or proposed policies for which the procedures for scientific peer review will be initiated. At a minimum these rules shall include proposed actions, policies, or rules that:

(a) Require the preparation of an environmental impact statement under chapter 43.21C RCW;

(b) Are likely, if adopted, to result in a cumulative economic impact of one million dollars or more; or

This subsection and the rules adopted under this section define only those proposed actions for which the consultation procedures are required, and the agencies may choose to use the review procedures for any other proposed action.

(3) The rules adopted under subsection (2) of this section shall include a method of providing notice to interested parties of the initiation of a science information review, and the manner in which copies of consultation documents may be obtained.

NEW SECTION. Sec. 4. (1) A unit of local government may seek scientific consultation under this chapter where the governing body of the county in which the local government is situated has appointed a scientific information coordinator. The local government shall make the request through such coordinator under the procedures established by the science and environmental policy panel.

(2) To encourage the participation of local governments in the scientific consultation mechanisms of this chapter, the Washington state association of counties may appoint a representative to participate on the science and environmental policy panel.

Sec. 5. 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 advisory board to render advice to the department~~)) may use the procedures developed by the science and environmental policy panel to obtain scientific peer review 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. 6. RCW 70.94.039 and 1991 c 199 s 314 are each amended to read as follows:

((~~(1) The science advisory board is hereby created to advise~~)) The department may use the procedures of the science and environmental policy panel to obtain scientific peer review 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 shall terminate on July 1, 1996.~~))

NEW SECTION. Sec. 7. The following acts or parts of acts are each repealed, effective July 1, 1994:

(1) RCW 43.21A.170 and 1989 1st ex.s. c 9 s 217, 1988 c 36 s 15, 1985 c 466 s 50, 1979 c 141 s 68, & 1970 ex.s. c 62 s 17;

(2) RCW 43.21A.180 and 1984 c 287 s 76, 1975-'76 2nd ex.s. c 34 s 100, & 1970 ex.s. c 62 s 18;

(3) RCW 43.21A.190 and 1988 c 127 s 24 & 1970 ex.s. c 62 s 19;

(4) RCW 43.21A.200 and 1977 c 75 s 47 & 1970 ex.s. c 62 s 20; and

(5) RCW 43.21A.210 and 1970 ex.s. c 62 s 21.

NEW SECTION. Sec. 8. Sections 1 through 4 of this act shall constitute a new chapter in Title 43 RCW.