HOUSE BILL REPORT

HB 409

BYRepresentatives Bristow, Brooks, Valle, Braddock, Crane, Vekich, Dellwo, Gallagher, Rayburn, Day, Grant, Baugher, Unsoeld and Moyer

Creating a department of public health and environment.

House Committe on Health Care

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (9)

      Signed by Representatives Braddock, Chair; Day, Vice Chair; Bristow, Brooks, Bumgarner, Cantwell, Lux, D. Sommers and Sprenkle.

House Staff:Bill Hagens (786-7131)

AS REPORTED BY COMMITTEE ON HEALTH CARE FEBRUARY 10, 1987

BACKGROUND:

The purpose of this bill is to establish the Department of Public Health and Environment by consolidating all the current functions of the Department of Ecology (DOE) and certain public health functions of the Department of Social and Health Services (DSHS).

In its 1986 report to the Legislature, the Joint Select Committee on Public Health included among its recommendations, the establishment of a new agency that consolidates all present functions of the Department of Ecology and certain public health functions of the Department of Social and Health Services.  The focus of this recommendation was to eliminate duplication of efforts of the two agencies in the area of environmental health and to place public health at a more visual level in state government.

The Joint Select Committee found that:

Both the Department of Social and Health Services (DSHS) and the Department of Ecology (DOE) were created in 1970 to consolidate separate agencies involved in similar activities.  DSHS consolidated the departments of health, public assistance, institutions, the veterans' rehabilitation council, and the department of vocational rehabilitation.  DOE assumed the responsibilities held by the department of water resources, the water pollution control board, and the state air pollution control board.  Prior to the creation of a single state environmental protection agency, the DSHS office of environmental health had developed program responsibilities in the areas of public drinking water, on-site sewage disposal, radiation, pollution control, and supervision of local environmental health programs.  Only the pollution control responsibilities were transferred to DOE in 1970.  In recent years, however, DOE has been given increased responsibility by the legislature to protect both the environment and public health, notably in such areas as hazardous waste management.

Environmental health, the prevention and management of environmental conditions that threaten human life, has become a concern increasingly shared by public health and environmental protection professionals.  In Washington there has been a growing awareness that having two agencies, DOE and DSHS, responsible for environmental health problems has created inefficiencies and confusion, particularly at the local health agency level.

Solving complex environmental problems such as water quality, hazardous waste and radiation control requires a comprehensive, integrated approach.  Certain program areas managed by DSHS and DOE appear to overlap.  Examples are:

Drinking Water:  DSHS has a drinking water protection program which implements the Federal Safe Drinking Water Act of 1974.  Local health departments maintain bacteriological laboratories and regulate smaller water systems.  DOE has two water programs:  Water Resources, which issues and oversees water rights; and Water Quality, which monitors water pollution levels.

Liquid Waste:  DSHS oversees septic tank systems serving 10 to 49 units.  Local health departments (LHD's) regulate smaller systems.  DOE regulates septic tanks serving 50 or more units.  DOE also regulates public sewage and industrial waste disposal.

Hazardous Waste/Radiation Control:  Both DOE and DSHS monitor toxic substance disposal.  DSHS, as the designated state radiation control agency, regulates the use of radioactive materials and medical x-rays.  DSHS licenses and monitors the operator of the low-level radiation disposal site.  DOE manages the lease on the site itself and the perpetual care of the active waste remaining on the site after it is no longer used for disposal.

Shellfish:  DSHS certifies the growing areas for commercial shellfish.  DOE is responsible for overall water quality protection and shoreline management which includes shellfish protection.  (Source:  A Report to the Legislature on Public Health in the State of Washington, the Joint Select Committee on Public Health, January, 1986.)

The Joint Select Committee Recommended:

A public health and environment agency should be created that combines, at a minimum, the environmental health functions of the Department of Ecology and the Division of Health, Department of Social and Health Services.  In its deliberation of this consolidation, the legislature should also consider the inclusion of those personal health services presently administered by the Division of Health.

Consolidation legislation was considered in 1986 (HB-1824/SB-4792).  However, the legislation was deferred in order to give the Governor's Office time to review the issue.

SUMMARY:

SUBSTITUTE BILL:  Consolidates all existing functions of the Department of Ecology and certain environmental health and personal public health functions of the Department of Social and Health Services into one agency - the Department of Public Health and Environment.  (Section 3, page 3.)

Creates in statute the position of state health officer to be appointed by secretary of Public Health and Environment.  Presently the secretary of Social and Health Services is state health officer by statute, but operationally it has been the director of the Division of Health.  (Section 15, page 10.)

Requires the consolidation of environmental health services within the new agency.  (Section 15, page 9.)

Requires a unit be created within the new agency that is responsible for vital records and other health information.  (Section 14, page 8.)

Updates vital records fees consistent with HB 237.

Requires the secretary of Public Health and Environment to report to the legislature in January 1989 with an agency organizational plan and proposals for public health planning and informational systems.  (Section 35, page 20.)

Establishes a sunset date of 1997.

Sets effective date of July 1, 1987.  (Section 51, page 27.)

Establishes legislative intent that no new administrative cost be incurred by consolidation.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  Function, employee, property transfer language is clarified.  No new administration cost requirement is added.

Fiscal Note:      Requested January 29, 1987.

Effective Date:The bill takes effect on July 1, 1987.

House Committee ‑ Testified For:    Ed Gray, Washington State Association of Licensed Public Health Officers (WSALPHO), Washington State Medical Association; Chuck Treser, Washington State Environmental Health Association; Gordon Kelly, WSALPHO; Willa Fisher, Bremerton/Kitsap County Health Department; Tom Milne, Southwest Washington Health District; Mary Selecky, Northeast Tri-County Health; and Robert Ball, Washington State Nursing Association.

House Committee - Testified Against:      Thelma Struck, Department of Social and Health Services.

House Committee - Testimony For:    Consolidation will improve visibility of public health issues in the state and improve coordination of effort.

House Committee - Testimony Against:      Personal health services would be best served within the Department of Social and Health Services.