AN ACT Relating to acid rain; amending RCW 70.94.800, 70.94.805, and 70.94.820; adding new sections to chapter 70.94 RCW; creating a new section; providing an effective date; and declaring an emergency.

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

Sec. 1. Section 1, chapter 277, Laws of 1984 and RCW 70.94.800 are each amended to read as follows:

The legislature recognizes that:

(1) Acid deposition resulting from commercial, industrial or other emissions of sulphur dioxide and nitrogen oxides pose a threat to the delicate balance of the state's ecological systems, particularly in alpine lakes that are known to be highly sensitive to acidification;

(2) Failure to act promptly and decisively to mitigate or eliminate this danger may soon result in untold and irreparable damage to the fish, forest, wildlife, agricultural, water, and recreational resources of this state;

(3) There is a direct correlation between emissions of sulphur dioxides and nitrogen oxides and increases in acid deposition;

(4) Acidification is cumulative; and

(5) Once an environment is acidified, it is difficult, if not impossible, to restore the natural balance.

It is therefore the intent of the legislature to ((mitigate or eliminate the acid deposition problem by curbing sources of acid deposition within the state and to assure that adequate monitoring is conducted in alpine lakes in order to allow for early detection of acidification and the resulting environmental degradation)) provide for early detection of acidification and the resulting environmental degradation through continued monitoring of acid deposition levels and trends, and major source changes, so that the legislature can take any necessary action to prevent environmental degradation resulting from acid deposition.

Sec. 2. Section 2, chapter 277, Laws of 1984 and RCW 70.94.805 are each amended to read as follows:

As used in RCW 70.94.800 through 70.94.825, the following terms have the following meanings.

(1) "Acid deposition((,))" ((~~as used in RCW 70.94.800 through 70.94.815~~)) means ((~~the~~)) wet or dry deposition from the atmosphere of chemical compounds with a pH of less than 5.6.

(2) "Critical level of acid deposition and lake, stream, and soil acidification" means the level at which irreparable damage may occur unless corrective action is taken.

NEW SECTION. Sec. 3. A new section is added to chapter 70.94 RCW to read as follows:

The department of ecology, in consultation with the joint legislative committee on science and technology, shall:

(1) Continue evaluation of information and research on acid deposition in the Pacific Northwest region;

(2) Establish critical levels of acid deposition and lake, stream, and soil acidification; and

(3) Notify the legislature if acid deposition or lake, stream, and soil acidification reaches the levels established under subsection (2) of this section.

NEW SECTION. Sec. 4. A new section is added to chapter 70.94 RCW to read as follows:

In establishing critical levels of acid deposition and lake, stream, and soil acidification, the department of ecology shall consider:

(1) Current acid deposition and lake, stream, and soil acidification levels;

(2) Changes in acid deposition and lake, stream, and soil acidification levels;

(3) Effects of acid deposition and lake, stream, and soil acidification on the environment; and

(4) The need to prevent environmental degradation.

Sec. 5. Section 6, chapter 277, Laws of 1984 and RCW 70.94.820 are each amended to read as follows:

The department of ecology ((~~is responsible for~~)) shall maintain a program of periodic monitoring of ((~~the alpine lakes and other appropriate areas of the state~~)) acid rain deposition and lake, stream, and soil acidification to ensure early detection of acidification and environmental degradation.

A report on changes in acid deposition and lake, stream, and soil acidification levels shall be provided to the parks and ecology committee of the senate and the environmental affairs committee of the house of representatives, prior to each legislative session.

NEW SECTION. Sec. 6. If specific funding for the purposes of this act, referencing this act by bill number, is not provided in the omnibus appropriations act for the fiscal year beginning July 1, 1985, this act shall be null and void.

NEW SECTION. Sec. 7. This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1985.