AN ACT Relating to the release and use of genetically engineered organisms in the environment; adding a new chapter to Title 90 RCW; prescribing penalties; and making an appropriation.

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

NEW SECTION. Sec. 1. FINDINGS. The legislature finds that genetic engineering has an enormous potential to benefit many fields of human endeavor by providing new services and products for human health, crop production, veterinary medicine and pollution control; that the United States is now the world leader in biotechnology and this leadership is derived from a strong entrepreneurial spirit and the availability of venture capital; and that the state of Washington is becoming a recognized center for the agricultural, health care, pharmaceutical, chemical, and food processing industries, all of which now benefit from, and will increasingly depend upon, advances in biotechnology.

The legislature further finds that as these benefits are realized through moving the products of biotechnology from contained research laboratories into environmental uses and, for the purpose of experimentation, the protection of human health and the environment must be assured.

The legislature, therefore, determines that it is incumbent upon the state to take responsible and timely measures to insure that the public health and safety and the environment are protected; that societal concerns about the impact of biotechnology are promptly addressed while allowing research to advance with proper safeguards; that these important interests may be balanced through creation of a biotechnology review board in the department of agriculture; that such board will be responsible for reviewing all proposed releases of genetically engineered organisms into the open environment, whether for purposes of research or commercial uses; and that this review mechanism will permit the state to assess the potential risks to the public and the environment.

NEW SECTION. Sec. 2. DEFINITIONS. The definitions set forth in this section apply throughout this chapter.

(1) "Director" means the director of the department of agriculture.

(2) "Genetically engineered organism" means any plant, animal, insect, or microorganism, including but not limited to bacteria and viruses, whose genes have been artificially altered for scientific or commercial purposes.

(3) "Open environment" means any area in the open or a place outside a laboratory or other closed and secure building, or any area for which release is likely into an open area or place outside the confines of a closed and secure laboratory, building, or other structure.

(4) "Local jurisdiction" means a county or city.

(5) "Board" means the biotechnology review board.

(6) "Person" means an individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, state government agency, unit of local government, or federal government agency.

(7) "Release" means to intentionally or deliberately discharge, emit, or liberate any genetically engineered organism into the open environment.

NEW SECTION. Sec. 3. BIOTECHNOLOGY REVIEW BOARD. (1) There is created in the department of agriculture a biotechnology review board, which shall consist of nine members as follows:

(a) The directors of the departments of agriculture, ecology, and social and health services, or their designees;

(b) Three representatives of the scientific community having expertise and experience in the techniques and applications of genetic engineering as well as the principles of ecology and environmental science, each of whom has no financial or contractual interest in a biotechnology company or product, and each of whom shall be appointed by the governor, with the advice and consent of the senate; and

(c) Three representatives of the general public, each of whom shall be appointed by the governor, with the advice and consent of the senate.

(2) The members of the board appointed under subsection (1)(b) and (c) of this section shall serve three-year terms. Of those members first appointed to the board, two shall serve for one year, two shall serve for two years, and two shall serve for three years. The initial terms of office of the members of the board shall be determined by lot among the members. The members of the board shall be appointed within sixty days of the effective date of this section.

(3) The secretary of the board shall be the director of the department of agriculture or an employee of the department designated by the director. It shall be the duty of the secretary to act as liaison between the board and all state agencies, to prepare the minutes of the board, and otherwise assist the board. The director shall furnish to the board such staff and facilities as may be necessary to fulfill its duties. The members of the board shall serve without compensation but shall be reimbursed for travel expenses pursuant to RCW 43.03.050 and 43.03.060.

(4) The governor shall appoint the chairperson of the board from among the nine members of the board. The board shall organize as soon as practicable after the appointment of its members and shall select a vice-chairperson from among its members.

(5) The actions of the board are subject to the open public meetings act, chapter 42.30 RCW. All final decisions of the board are subject to judicial review pursuant to the administrative procedure act, chapter 34.04 RCW.

NEW SECTION. Sec. 4. REPORT TO GOVERNOR AND LEGISLATURE. (1) The board shall study, analyze, and review state and federal laws, rules, and regulations that may be applicable to the release into the open environment of genetically engineered organisms.

(2) Within eighteen months of the appointment of its members, the board shall prepare and transmit to the governor and the legislature a report containing the following:

(a) An assessment of the potential impact of the environmental release of genetically engineered organisms on the state's economy, its public health and safety, and its environment;

(b) An assessment of whether federal laws and regulations, without state laws or regulations, are adequate to protect the economy, public health and safety, and environment of the state from adverse impacts of the environmental release of genetically engineered organisms; and

(c) Recommendations for the enactment of laws or promulgation of regulations the board finds necessary and prudent for the state review and oversight of biotechnology activities, including those for governing the environmental release of genetically engineered organisms.

(3) The board shall also submit by January 1 of each year a report to the governor and legislature concerning the review activities of the board and the progress of the state's biotechnology industry during the preceding calendar year.

NEW SECTION. Sec. 5. REVIEW OF PROPOSED RELEASES. (1) A person who proposes to release genetically engineered organisms into the open environment shall, not later than six months prior to the date of the proposed release, provide notice of the proposed release date and location to the board and to the local jurisdiction in which the proposed release is to occur. The notices shall be accompanied by a description of the proposed release and documentation that applications for all applicable state and federal permits have been made.

(2) At any time prior to sixty days before the date of the proposed release, the board or local jurisdiction in which the proposed release is to occur may hold a public hearing for informational purposes, at which the public shall be provided an opportunity to comment. The person proposing the release shall provide such information as may be requested by the board or local jurisdiction to allow meaningful comment by the public, except that the person may designate proprietary information vital to the person's competitive position which, in being provided to the board or local jurisdiction for review, shall not be made public.

(3) Within thirty days of receipt of documentation that all required state and federal permits have been issued, the board shall either authorize or prohibit the release. However, if the board finds that the information submitted by the person proposing the release is incomplete or that more information is warranted for public health or safety or environmental reasons, the board may request further information from the applicant and may, if warranted by potential risk to public health or safety or the environment, postpone the release date by order of the board until such information is received and an adequate period for review is allowed. The board shall not prohibit the release except upon finding that there is a reasonable basis to conclude that the proposed release will present an unreasonable risk to public health, safety or to the environment. The board may authorize a release with the imposition of conditions upon the release to protect public health or safety or the environment.

(4) A person shall not release any genetically engineered organism into the open environment if the release is prohibited by the board. A person shall not violate any order of the board to postpone any release or to comply with conditions imposed upon a release authorized by the board.

NEW SECTION. Sec. 6. CIVIL PENALTIES. (1) Every person who fails to comply with this chapter or the rules adopted under this chapter may be subject to a civil penalty, as determined by the director, in an amount of not less than one thousand dollars and not more than ten thousand dollars. Each and every such violation shall be a separate and distinct offense. Every person who, through an act of commission or omission, procures, aids, or abets in the violation shall be considered to have violated this section and may be subject to the civil penalty provided in this section.

NEW SECTION. Sec. 7. INJUNCTION AGAINST VIOLATION. The director may bring an action to enjoin the violation or threatened violation of any provision of this chapter or any rule adopted under this chapter in a court of competent jurisdiction of the county in which the violation occurs or is about to occur.

NEW SECTION. Sec. 8. LABORATORY RESEARCH. Nothing in this chapter prohibits the conduct of genetic engineering activities in laboratories as part of scientific or commercial research, nor does this chapter prohibit the use of genetically engineered organisms in laboratories or other closed and secure buildings or structures as part of scientific or commercial research.

NEW SECTION. Sec. 9. RULES. The board may adopt rules for the implementation of this chapter pursuant to chapter 34.04 RCW.

NEW SECTION. Sec. 10. LOCAL JURISDICTIONS. (1) No local jurisdiction or local board of health may enact any law, ordinance, or regulation prohibiting the release of genetically engineered organisms. However, this chapter does not limit the authority of any local government in the enforcement or administration of any provision of law which it is required or permitted to enforce and administer, including local land use regulation.

(2) The board shall hold a public hearing if requested by the local jurisdiction or ten or more citizens within the local jurisdiction. Such a hearing, if requested, shall be held in that local jurisdiction, and the board shall provide, except in emergency circumstances, a minimum of twenty days' public notice of the hearing by publication in a newspaper of general circulation.

NEW SECTION. Sec. 11. ASSISTANCE IN IDENTIFYING REGULATORY REQUIREMENTS. The board shall assist biotechnology companies by identifying all local, state, and federal regulatory requirements pertaining to the environmental release of genetically engineered organisms.

NEW SECTION. Sec. 12. CAPTIONS. Section captions as used in this chapter do not constitute any part of the law.

NEW SECTION. Sec. 13. APPROPRIATION. The sum of .......... dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1989, from the general fund to the department of agriculture for the purposes of this act.

NEW SECTION. Sec. 14. Sections 1 through 12 of this act shall constitute a new chapter in Title 90 RCW.