AN ACT Transferring certain responsibilities from the department of social and health services to the department of ecology; creating new sections; and providing an effective date.

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

NEW SECTION. Sec. 1. The departments of social and health services and ecology were created in 1970. At that time, the legislature recognized that the protection of the natural environment and the protection of the public health were closely interrelated activities. The enabling statutes, RCW 43.21A.140 and 43.20A.140, directed each agency to consult with the other "in order that to the fullest extent possible, agencies concerned with the preservation of life and health, and agencies concerned with the protection of the environment may integrate their efforts and endorse policies in common."

Increasing awareness of incidents involving air, water, and land pollution resulting in health problems have caused citizens to be confused about the responsibility of the departments of ecology and social and health services.

Examples of areas in which both agencies have responsibilities include: Toxic and hazardous waste disposal; ground water contamination affecting drinking water; radioactive material handling and disposal; and pollution of Puget Sound resulting in shellfish area closures.

The purpose of this act is to thoroughly assess the relationship of public health, environmental health, and environmental protection in the state. It will also provide a smooth and logical transfer of department of social and health services public and environmental health components including the office of environmental health programs into the department of ecology. This shall be accomplished while retaining in local government those functions presently performed by local boards of health and implementing local health agencies.

NEW SECTION. Sec. 2. A thorough assessment of the relationship of public health, environmental health and environmental protection in the state is commissioned. The office of environmental health programs of the department of social and health services, with appropriate elements of the office of public health laboratories and epidemiology as provide direct support to the office of environmental health programs, shall be transferred to the department of ecology. The effective date of this transfer shall be July 1, 1987.

NEW SECTION. Sec. 3. If a transfer of the department of social and health services office of environmental health programs to the department of ecology is effected, there is created within the department of ecology one additional exempt position of assistant director.

NEW SECTION. Sec. 4. A team shall be formed to assess the relationship of public health, environmental health and environmental protection in the state and recommend needed changes. The team will also investigate the feasibility of transferring duties and staff from the department of social and health services office of environmental health programs to the department of ecology. The team shall consist of the directors of the department of social and health services and ecology, chairmen of the senate parks and ecology and house environmental affairs committees and the chairman of the state board of health or their designees. The team shall also consist of one local health official, one county commissioner/councilman and one member of the environmental community. The three previously mentioned members will be chosen by their respective organizations. Provided adequate funding is available, the Washington state institute for public policy shall act as convener for the study. Involvement of the Washington state institute for public policy is contingent upon approval of the institute's executive board of directors. The institute shall provide limited staff, conduct necessary research required and produce needed documents including the final plan and recommendations. If the Washington state institute for public policy cannot fulfill its role as detailed in this act, the legislature shall act in the same manner. One staff member from the department of social and health services and one staff member from the department of ecology will provide necessary staff support to the team. Team members shall serve voluntarily. Travel expenses shall be paid by their respective organizations. Travel expenses of the local health official, county commissioner/councilman and members of the environmental community shall be paid jointly by the departments of social and health services and ecology. The plan will be submitted to the legislature by October 1, 1986. The plan shall include:

(1) A comprehensive analysis of public health, environmental health and environmental protection in the state with emphasis on duplicate or overlapping responsibilities and the relationship of each to the other;

(2) An analysis of the impact of a potential transfer on programs administered by local health agencies, including recommendations for improving state and local coordination;

(3) A comprehensive organizational assessment of the department of ecology and the reporting relationship of the office of environmental health programs within the agency, along with recommendations to ensure that public health is given appropriate emphasis if a transfer is recommended; and

(4) A review of existing statutes pertaining to the department of social and health services and the state board of health. The plan shall identify appropriate revisions that may be needed to reflect the transfer of responsibilities contained in this act. During formulation of the plan, efforts shall be made to coordinate with activities of the joint select committee on public health studying general public health issues pursuant to section 3, chapter 243, Laws of 1984.

NEW SECTION. Sec. 5. The plan shall be submitted to the legislature with recommendations for the feasibility of and necessary components required for a timely and efficient transfer of the office of environmental health programs and other logical environmental health-related elements of the department of social and health services into the department of ecology. The legislature may elect to cancel the transfer provisions of this act or act upon any of the conclusions made in the report of the transition committee during the 1987 legislative session. If the legislature fails to act on the transfer of the department of social and health services environmental health programs to the department of ecology, the transfer will take place on July 1, 1987.

NEW SECTION. Sec. 6. All rules of the department of social and health services and the state board of health that are administered by the office of environmental health programs, or local health departments with technical support provided by the office of environmental health programs, in effect on the effective date of the transfer shall become rules of the department of ecology.

NEW SECTION. Sec. 7. All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of social and health services and pertaining to the powers, functions, and duties transferred by section 2 of this act shall be delivered to the custody of the department of ecology. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of social and health services in carrying out the powers, functions, and duties transferred by section 2 of this act shall be made available to the department of ecology. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred by section 2 of this act shall be assigned to the department of ecology.

Any appropriations made to the department of social and health services for carrying out the powers, functions, and duties transferred by section 2 of this act shall, on the effective date of this act, be transferred and credited to the department of ecology.

Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

NEW SECTION. Sec. 8. All classified employees of the department of social and health services engaged in performing the powers, functions, and duties transferred by section 2 of this act are transferred to the jurisdiction of the department of ecology. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of ecology to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

NEW SECTION. Sec. 9. The transfer of the powers, duties, functions, and personnel of the department of social and health services shall not affect the validity of any act performed prior to the effective date of this act.

NEW SECTION. Sec. 10. If apportionments of budgeted funds are required because of the transfers directed by section 2 of this act, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

NEW SECTION. Sec. 11. Nothing contained in sections 7 through 10 of this act may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel board as provided by law.

NEW SECTION. Sec. 12. Sections 7 through 11 of this act shall take effect on July 1, 1987.