AN ACT Relating to seismic safety; adding a new chapter to Title 43 RCW; and providing an expiration date.

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

NEW SECTION. Sec. 1. The legislature finds and declares as follows:

(1) There is a pressing need to provide a consistent policy framework and a means for coordinating on a continuing basis the earthquake-related programs of agencies at all governmental levels and their relationships with elements of the private sector involved in practices important to seismic safety. This need is not being addressed by any continuing state government organization.

(2) Through concerted efforts of broad scope, coordinated by a seismic safety commission, long-term progress should be made toward higher levels of seismic safety.

(3) It is not the purpose of this chapter to transfer to the commission any authorities and responsibilities now vested by law in state and local agencies.

NEW SECTION. Sec. 2. There is created in the state government a seismic safety commission which shall report annually to the governor and to the legislature on its findings, progress, and recommendations relating to earthquake hazard reduction.

NEW SECTION. Sec. 3. (1) The commission shall consist of fifteen members appointed by the governor and confirmed by the senate, one member appointed by the senate rules committee, and one member appointed by the speaker of the house of representatives. The seismic safety commission shall elect annually from its membership its own chair and vice-chair and may replace them with other commissioners by majority vote. Commission members shall be residents of Washington.

(2) A quorum shall consist of nine members if there are no vacancies, or else a majority of the members of the commission at the time.

NEW SECTION. Sec. 4. The members of the seismic safety commission who are appointed by the governor shall be appointed from lists of nominees submitted by organizations as listed below:

(1) Four members appointed from established organizations in the fields of architecture and planning, fire protection, public utilities, and electrical engineering and mechanical engineering;

(2) Four members appointed from established organizations in the fields of structural engineering, soils engineering, geology, and seismology;

(3) Four members appointed from nominees submitted by the association of Washington cities and the Washington state association of counties;

(4) Three members appointed from established organizations in the fields of insurance, social service, and emergency services.

NEW SECTION. Sec. 5. The term of office for each member of the seismic safety commission shall be four years and each shall hold office until the appointment and qualification of his or her successor, except that of the initial commissioners, the governor shall appoint seven members whose terms expire two years after appointment and seven members plus the chair whose terms expire four years after appointment. Any vacancies shall be immediately filled by the appointing power for the unexpired portion of the term in which they occur.

NEW SECTION. Sec. 6. The members of the seismic safety commission shall serve without compensation but shall be reimbursed for travel expenses under RCW 43.03.050 and 43.03.060, except legislative members shall be reimbursed under RCW 44.04.120.

NEW SECTION. Sec. 7. The commission, in the discharge of its responsibilities, may:

(1) Accept grants, contributions, and appropriations from public agencies, private foundations, or individuals.

(2) Appoint committees from its membership, appoint advisory committees from interested public groups, and appoint ex officio members who shall not be entitled to vote, to advise the commission.

(3) Contract for professional services and research required by the commission or required for the performance of necessary work and services which in the commission's opinion cannot satisfactorily be performed by its officers or by other federal, state, or local governmental agencies.

(4) Do any and all other things necessary to carry out the purposes of this chapter.

NEW SECTION. Sec. 8. The commission shall be responsible for the following in connection with earthquake hazard reduction:

(1) Setting goals and priorities in the public and private sectors;

(2) Requesting appropriate state agencies to devise criteria to promote seismic safety;

(3) Recommending program changes to state agencies, local agencies, and the private sector where such changes would reduce the earthquake hazards;

(4) Reviewing reconstruction efforts after damaging earthquakes;

(5) Gathering, analyzing, and disseminating information;

(6) Encouraging research;

(7) Sponsoring training to help improve the competence of specialized enforcement and other technical personnel;

(8) Helping to coordinate the seismic safety activities of government at all levels; and

(9) Establishing and maintaining necessary working relationships with any boards, commissions, departments, and agencies, or other public or private organizations, necessary to further an effective seismic safety program for the state.

NEW SECTION. Sec. 9. (1) In addition to the responsibilities listed in section 8 of this act, the seismic safety commission shall undertake a study to determine the feasibility of (a) establishing a comprehensive program of earthquake hazard reduction having as its purposes the saving of lives and mitigating damage to property and (b) developing and implementing a system for predicting damaging earthquakes in Washington.

(2) The study under subsection (1) of this section shall accomplish the following tasks:

(a) Earthquake hazard reduction. The study shall develop a comprehensive program for the reduction of earthquake hazards in Washington. It shall include, but not necessarily be limited to, the following:

(i) A review of and recommendations for improving the development and implementation of technically and economically feasible codes, standards, and procedures for the design and construction of new structures and the strengthening of existing structures so as to increase the earthquake resistance of structures located in areas of significant seismic hazard.

(ii) A review of current methods and recommendations for new methods to improve the development, publication, and promotion, in conjunction with local officials, research organizations, and professional organizations, of model codes and other means to provide better information about seismic hazards to guide land-use policy decisions and building activity.

(iii) A review of and recommendations for methods, practices, and procedures to educate the public, including local officials, about the nature and consequences of earthquakes, about procedures for identifying those locations and structures especially susceptible to earthquake damage, and about ways to reduce and mitigate the adverse effects of an earthquake.

(iv) A review of and recommendations for programs and techniques to improve preparedness for and response to damaging earthquakes with special attention being given to hazard control measures, pre-earthquake emergency planning, readiness of emergency services, and planning for post-earthquake reconstruction and redevelopment.

(b) Earthquake prediction. The study shall analyze the current methodologies, systems, and processes for predicting earthquakes and assess them for their effectiveness, reliability, and accuracy as they relate to Washington. The study also shall examine the feasibility of implementing earthquake prediction systems in all areas of significantly high or moderate seismic risk and for identifying, evaluating, and accurately characterizing the associated hazards. In analyzing potential prediction systems, the study shall include requirements for necessary technical, scientific, and volunteer personnel and technology, procedures, and other resources necessary to operate such a system. Special attention should be given to a critical review of existing and possible future technology, data collection and management systems, the availability of expert trained personnel, the dissemination of warnings, the scope and methods for organizing and maintaining a volunteer program for the purpose of making prediction observations, and the social and economic consequences of earthquake predictions. Wherever appropriate and reasonable, the study shall also recommend how a state earthquake prediction system can be best integrated with those of federal agencies and other institutions and organizations.

(c) Implementation processes. With respect to implementation of earthquake hazard reduction and earthquake prediction, the study shall include the following:

(i) Recommendations for new roles, responsibilities, and programs for state and local agencies, universities, private organizations, and volunteer organizations, including goals, priorities, and expenditures of future state funds specifically identified for the recommended earthquake prediction and hazards reduction program.

(ii) Recommendations for methods and procedures to disseminate and implement basic and applied earthquake research in order to achieve higher levels of seismic safety.

(d) Coordination with other agencies. To the extent it is practical to do so, the study required by this section shall be coordinated with the relevant local, regional, and federal government agencies, key elements of the private sector, and at least the following state agencies: Department of emergency management, department of community development, department of natural resources, state energy office, utilities and transportation commission, department of social and health services, office of the state fire marshal, department of transportation, department of ecology, military department, department of revenue, insurance commissioner, department of general administration, and office of financial management.

(e) The study shall include recommendations for statutory changes and specific executive actions to be taken by state and local agencies necessary to establish and implement an earthquake hazards reduction program and an earthquake prediction system for the state.

The commission shall submit the study to the legislature by June 30, 1987.

NEW SECTION. Sec. 10. To implement the responsibilities under this chapter, the commission may:

(1) Review state budgets and review grant proposals, other than those grant proposals submitted by institutions of higher education, to the federal government, in earthquake-related activities and to advise the governor and legislature thereon;

(2) Review earthquake-related legislation proposals, to advise the governor and legislature concerning such proposals, and to propose needed legislation;

(3) Recommend the addition, deletion, or changing of state agency standards when, in the commission's view, the existing situation creates an undue seismic hazard or when new developments would promote seismic safety, and conduct public hearings as deemed necessary on the subjects; and

(4) To administer oaths and issue subpoenas for the attendance of witnesses and the production of papers, records, reports, books, maps, accounts, documents, and testimony, in the conduct of any hearing, investigation, inquiry, or study which is ordered or undertaken in any part of the state.

NEW SECTION. Sec. 11. This act may be known and cited as the seismic safety commission act.

NEW SECTION. Sec. 12. Implementation of this chapter is subject to funds being available for such purposes. If funds are available, this chapter shall be implemented beginning with the 1986-87 fiscal year.

NEW SECTION. Sec. 13. This chapter shall expire January 1, 1990.

NEW SECTION. Sec. 14. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 15. Sections 1 through 13 of this act shall constitute a new chapter in Title 43 RCW.