AN ACT Relating to radiation protection and management; amending RCW 70.98.020, 70.98.030, 70.98.050, 70.98.085, 70.98.095, 70.98.122, 70.121.020, 70.121.030, 70.121.040, 70.121.050, 70.121.060, 70.121.070, 70.121.080, 70.121.100, 70.121.110, 70.121.140, 70.121.905, and 49.17.270; adding a new section to chapter 43.200 RCW; adding new sections to chapter 43.202 RCW; creating new sections; recodifying RCW 43.200.080, 43.200.170, 43.200.180, 43.200.190, 43.200.200, 43.200.210, 43.200.905, 43.200.906, 70.98.010, 70.98.020, 70.98.030, 70.98.050, 70.98.080, 70.98.085, 70.98.095, 70.98.100, 70.98.110, 70.98.120, 70.98.125, 70.98.130, 70.98.140, 70.98.150, 70.98.160, 70.98.170, 70.98.180, 70.98.190, 70.98.200, 70.98.210, 70.98.900, 70.98.910, 70.98.920, 70.121.010, 70.121.020, 70.121.030, 70.121.040, 70.121.050, 70.121.060, 70.121.070, 70.121.080, 70.121.090, 70.121.100, 70.121.110, 70.121.120, 70.121.130, 70.121.140, 70.121.150, 70.121.900, 70.121.905, and 70.121.910; and repealing RCW 43.200.090.

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

NEW SECTION. Sec. 1. The legislature intends to:

(1) Make the regulation and management of sources and uses of ionizing radiation in this state efficient, consistent, and effective by consolidating the state's radiation protection and management programs within a single state agency;

(2) Designate the department of ecology as the single state agency responsible for radiation protection and management; and

(3) Transfer to the department of ecology the responsibilities and authorities under chapters 70.98 and 70.121 RCW previously held by the department of social and health services.

NEW SECTION. Sec. 2. A new section is added to chapter 43.200 RCW to read as follows:

(1) The department of ecology is designated as the state radiation protection and management agency.

(2) The department, in order to fulfill its responsibilities as the state radiation protection and management agency, shall:

(a) Provide support and assistance to the nuclear waste board and nuclear waste advisory council, pursuant to this chapter;

(b) Manage, oversee, and regulate activities involving commercial low-level radioactive waste, including the commercial low-level radioactive waste disposal site on the Hanford reservation, pursuant to chapter 43.202 RCW;

(c) Protect the public and the environment from hazards from sources and uses of ionizing radiation in the workplace, the home, and the environment, pursuant to chapter 43.204 RCW; and

(d) Protect the public and the environment from hazards from the milling of uranium and thorium, pursuant to chapter 43.206 RCW.

(3) The director of the department shall undertake to eliminate any duplication or inconsistency in the radiation protection and management programs consolidated by this section.

(4) The director may consolidate, transfer, or assign the duties and responsibilities of the department under chapters 43.200, 43.202, 43.204, and 43.206 RCW in order to improve the efficiency, consistency, or effectiveness of the state's regulation and management of radiation.

NEW SECTION. Sec. 3. A new section is added to chapter 43.202 RCW to read as follows:

As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.

(1) "Board" means the nuclear waste board established in RCW 43.200.040.

(2) "Federal department of energy" means the federal department of energy or any successor agency assigned responsibility for the long-term disposal of high-level radioactive waste.

(3) "Nuclear regulatory commission" means the United States nuclear regulatory commission or any successor agency responsible for approving construction of a repository for the long-term disposal of high-level radioactive waste and spent nuclear fuel.

(4) "Hanford candidate site" means the site identified by the United States department of energy as a potentially acceptable site for the disposal of spent nuclear fuel and high-level radioactive waste pursuant to the nuclear waste policy act of 1982.

(5) "High-level radioactive waste" means "high-level radioactive waste" as the term is defined in 42 U.S.C. Sec. 10101 (P.L. 97-425).

(6) "Low-level radioactive waste" means waste material that contains radioactive nuclides emitting primarily beta or gamma radiation, or both, in concentrations or quantities that exceed applicable federal or state standards for unrestricted release. Low-level waste does not include waste containing more than one hundred nanocuries of transuranic contaminants per gram of material, nor spent reactor fuel, nor material classified as either high-level radioactive waste or waste that is unsuited for disposal by near-surface burial under any applicable federal regulations.

(7) "Radioactive waste" means both high-level and low-level radioactive waste.

(8) "Spent nuclear fuel" means spent nuclear fuel as the term is defined in 42 U.S.C. Sec. 10101.

(9) "Department" means the department of ecology.

NEW SECTION. Sec. 4. A new section is added to chapter 43.202 RCW to read as follows:

The rules of strict construction do not apply to this chapter and it shall be liberally construed in order to carry out the objective for which it is designed, in accordance with the legislative intent to give the board the maximum possible freedom in carrying the provisions of this chapter into effect.

Sec. 5. Section 2, chapter 207, Laws of 1961 as last amended by section 13, chapter 108, Laws of 1975-'76 2nd ex. sess. and RCW 70.98.020 are each amended to read as follows:

It is the purpose of this chapter to effectuate the policies set forth in RCW ((~~70.98.010 as now or hereafter amended~~)) 43.204.010 by providing for:

(1) A program of effective regulation of sources of ionizing radiation for the protection of the occupational and public health and safety;

(2) A program to promote an orderly regulatory pattern within the state, among the states and between the federal government and the state and facilitate intergovernmental cooperation with respect to use and regulation of sources of ionizing radiation to the end that duplication of regulation may be minimized;

(3) A program to establish procedures for assumption and performance of certain regulatory responsibilities with respect to byproduct, source, and special nuclear materials.

Sec. 6. Section 3, chapter 207, Laws of 1961 as last amended by section 9, chapter 19, Laws of 1983 1st ex. sess. and RCW 70.98.030 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Byproduct material" means any radioactive material (except special nuclear material) yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material.

(2) "Ionizing radiation" means gamma rays and x-rays, alpha and beta particles, high-speed electrons, neutrons, protons, and other atomic or subatomic particles; but not sound or radio waves, or visible, infrared, or ultraviolet light.

(3) (a) "General license" means a license effective pursuant to regulations promulgated by the state radiation control agency, without the filing of an application, to transfer, acquire, own, possess, or use quantities of, or devices or equipment utilizing, byproduct, source, special nuclear materials, or other radioactive material occurring naturally or produced artificially.

(b) "Specific license" means a license, issued after application to use, manufacture, produce, transfer, receive, acquire, own, or possess quantities of, or devices or equipment utilizing byproduct, source, special nuclear materials, or other radioactive materials occurring naturally or produced artificially.

(4) "Person" means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, any other state or political subdivision or agency thereof, and any legal successor, representative, agent, or agency of the foregoing, other than the United States Atomic Energy Commission, or any successor thereto, and other than federal government agencies licensed by the United States Atomic Energy Commission, or any successor thereto.

(5) "Source material" means (a) uranium, thorium, or any other material which is determined by the United States Nuclear Regulatory Commission or its successor pursuant to the provisions of section 61 of the United States Atomic Energy Act of 1954, as amended (42 U.S.C. Sec. 209) to be source material; or (b) ores containing one or more of the foregoing materials, in such concentration as the commission may by regulation determine from time to time.

(6) "Special nuclear material" means (a) plutonium, uranium enriched in the isotope 233 or in the isotope 235, and any other material which the United States Nuclear Regulatory Commission or its successor, pursuant to the provisions of section 51 of the United States Atomic Energy Act of 1954, as amended (42 U.S.C. Sec. 2071), determines to be special nuclear material, but does not include source material; or (b) any material artificially enriched by any of the foregoing, but does not include source material.

(7) "Registration" means registration with the state department of social and health services by any person possessing a source of ionizing radiation in accordance with rules, regulations and standards adopted by the department of social and health services.

(8) "Radiation source" means any type of device or substance which is capable of producing or emitting ionizing radiation.

Sec. 7. Section 5, chapter 207, Laws of 1961 as last amended by section 1, chapter 383, Laws of 1985 and RCW 70.98.050 are each amended to read as follows:

(1) The department of ((~~social and health services~~)) ecology is designated as the state radiation control agency, hereinafter referred to as the agency, and shall be the state agency having sole responsibility for administration of the regulatory, licensing and radiation control provisions of this chapter.

(2) The ((~~secretary of social and health services~~)) director of ecology shall be director of the agency, hereinafter referred to as the ((~~secretary~~)) director, who shall perform the functions vested in the agency pursuant to the provisions of this chapter.

(3) The agency shall appoint a state radiological control officer, and in accordance with the laws of the state, fix ((~~his~~)) the officer's compensation and prescribe ((~~his~~)) the officer's powers and duties.

(4) The agency shall for the protection of the occupational and public health and safety:

(a) Develop programs for evaluation of hazards associated with use of ionizing radiation;

(b) Develop a state-wide radiological baseline beginning with the establishment of a baseline for the Hanford reservation;

(c) Implement an independent state-wide program to monitor ionizing radiation emissions from radiation sources within the state;

(d) Develop programs with due regard for compatibility with federal programs for regulation of byproduct, source, and special nuclear materials;

((~~(c) [(e)]~~)) (e) Conduct environmental radiation monitoring programs which will determine the presence and significance of radiation in the environment and which will verify the adequacy and accuracy of environmental radiation monitoring programs conducted by the federal government at its installations in Washington and by radioactive materials licensees at their installations;

(f) Formulate, adopt, promulgate, and repeal codes, rules and regulations relating to control of sources of ionizing radiation;

(g) Advise, consult, and cooperate with other agencies of the state, the federal government, other states and interstate agencies, political subdivisions, and with groups concerned with control of sources of ionizing radiation;

(h) Have the authority to accept and administer loans, grants, or other funds or gifts, conditional or otherwise, in furtherance of its functions, from the federal government and from other sources, public or private;

(i) Encourage, participate in, or conduct studies, investigations, training, research, and demonstrations relating to control of sources of ionizing radiation, including the collection of statistical data and epidemiological research, where available, on diseases that result from exposure to sources of ionizing radiation;

(j) Collect and disseminate information relating to control of sources of ionizing radiation; including:

(i) Maintenance of a file of all license applications, issuances, denials, amendments, transfers, renewals, modifications, suspensions, and revocations;

(ii) Maintenance of a file of registrants possessing sources of ionizing radiation requiring registration under the provisions of this chapter and any administrative or judicial action pertaining thereto; and

(iii) Maintenance of a file of all rules and regulations relating to regulation of sources of ionizing radiation, pending or promulgated, and proceedings thereon;

(k) In connection with any contested case as defined by RCW 34.04.010 or any other administrative proceedings as provided for in this chapter, have the power to issue subpoenas in order to compel the attendance of necessary witnesses and/or the production of records or documents.

(5) In order to avoid duplication of efforts, the agency may acquire the data requested under this section from public and private entities that possess this information.

Sec. 8. Section 3, chapter 383, Laws of 1985 as amended by section 2, chapter 2, Laws of 1986 and RCW 70.98.085 are each amended to read as follows:

(1) The agency is empowered to suspend and reinstate site use permits consistent with current regulatory practices ((~~and in coordination with the department of ecology,~~)) for generators, packagers, or brokers using the Hanford low-level radioactive waste disposal facility.

(2) The agency shall collect a surveillance fee as an added charge on each cubic foot of low level radioactive waste disposed of at the disposal site in this state which shall be set at a level that is sufficient to fund completely the radiation control activities of the agency which are not otherwise covered by cost recovery programs including, but not limited to, any funds from federal sources: PROVIDED, That the surveillance fee shall not exceed four percent of the basic minimum fee charged by an operator of a low-level radioactive waste disposal site in this state. The basic minimum fee consists of the disposal fee for the site operator, the fee for the perpetual care and maintenance fund administered by the state, the fee for the state closure fund, and the tax collected pursuant to chapter 82.04 RCW. Site use permit fees and surcharges collected under chapter 43.200 or 43.202 RCW are not part of the basic minimum fee. The fee shall also provide funds for other state agencies that incur expenses as a result of the control and management of the disposal of low-level radioactive waste in the state of Washington. Disbursements for these purposes to other state agencies shall be by authorization of the ((~~secretary of the department of social and health services or the secretary's~~)) director of the department or the director's designee.

The agency may adopt such rules as are necessary to carry out its responsibilities under this section.

Sec. 9. Section 3, chapter 191, Laws of 1986 and RCW 70.98.095 are each amended to read as follows:

(1) The radiation control agency shall require that any person who holds or applies for a license or permit under this chapter (a) indemnify and hold harmless the state from claims, suits, damages, or expenses on account of injuries to or death of persons and property, arising or growing out of any operations or activities for which the person holds the license or permit, and any necessary or incidental operations, and (b) demonstrate that the person has and maintains liability coverage for the operations for which the state has been indemnified and held harmless pursuant to this section. The agency shall require coverage in an amount determined by the director ((~~of the department~~)) of ecology pursuant to RCW ((~~43.200.200~~)) 43.202.060.

(2) The radiation control agency shall suspend the license or permit of any person required by this section to hold and maintain liability coverage who fails to demonstrate compliance with this section. The license or permit shall not be reinstated until the person demonstrates compliance with this section.

(3) The radiation control agency shall require (a) that any person required to maintain liability coverage maintain with the agency current copies of any insurance policies, certificates of insurance, or any other documents used to comply with this section, (b) that the agency be notified of any changes in the insurance coverage or financial condition of the person, and (c) that the state be named as an insured party on any insurance policy used to comply with this section.

Sec. 10. Section 3, chapter 372, Laws of 1985 and RCW 70.98.122 are each amended to read as follows:

The department of ecology shall seek federal funding, such as is available under the clean air act (42 U.S.C. Sec. 1857 et seq.) and the nuclear waste policy act (42 U.S.C. Sec. 10101 et seq.) to carry out the purposes of RCW 70.98.050(4)((~~(c)~~)) (e).

Sec. 11. Section 2, chapter 110, Laws of 1979 ex. sess. as last amended by section 1, chapter 184, Laws of 1987 and RCW 70.121.020 are each amended to read as follows:

Unless the context clearly requires a different meaning, the definitions in this section apply throughout this chapter.

(1) "Department" means the department of ((~~social and health services~~)) ecology.

(2) "((~~Secretary~~)) Director" means the ((~~secretary of social and health services~~)) director of the department.

(3) "Site" means the restricted area as defined by the United States nuclear regulatory commission.

(4) "Tailings" means the residue remaining after extraction of uranium or thorium from the ore whether or not the residue is left in piles, but shall not include ore bodies nor ore stock piles.

(5) "License" means a radioactive materials license issued under chapter ((~~70.98~~)) 43.204 RCW and the rules adopted under chapter ((~~70.98~~)) 43.204 RCW.

(6) "Termination of license" means the cancellation of the license after permanent cessation of operations. Temporary interruptions or suspensions of production due to economic or other conditions are not a permanent cessation of operations.

(7) "Milling" means grinding, cutting, working, or concentrating ore which has been extracted from the earth by mechanical (conventional) or chemical (in situ) processes.

(8) "Obligor-licensee" means any person who obtains a license to operate a uranium or thorium mill in the state of Washington or any person who owns the property on which the mill operates and who owes money to the state for the licensing fee, for reclamation of the site, for perpetual surveillance and maintenance of the site, or for any other obligation owed the state under this chapter.

(9) "Statement of claim" means the document recorded or filed pursuant to this chapter, which names an obligor-licensee, names the state as obligee, describes the obligation owed to the state, and describes property owned by the obligor-licensee on which a lien will attach for the benefit of the state, and which creates the lien when filed.

Sec. 12. Section 3, chapter 110, Laws of 1979 ex. sess. and RCW 70.121.030 are each amended to read as follows:

(1) Any person who proposes to operate a uranium or thorium mill within the state of Washington after January 1, 1980, shall obtain a license from the department to mill thorium and uranium. The period of the license shall be determined by the secretary and shall be initially valid for not more than two years and renewable thereafter for periods of not more than five years. No license may be granted unless:

(a) The owner or operator of the mill submits to the department a plan for reclamation and disposal of tailings and for decommissioning the site that conforms to the criteria and standards then in effect for the protection of the public safety and health; and

(b) The owner of the mill agrees to transfer or revert to the appropriate state or federal agency upon termination of the license all lands, buildings, and grounds, and any interests therein, necessary to fulfill the purposes of this chapter except where the lands are held in trust for or are owned by any Indian tribe.

(2) Any person operating a uranium or thorium mill on January 1, 1980, shall, at the time of application for renewal of ((~~his~~)) the license to mill thorium or uranium, comply with the following conditions for continued operation of the mill:

(a) The owner or operator of the mill shall submit to the department a plan for reclamation and disposal of tailings and for decommissioning the site that conforms to the criteria and standards then in effect for the protection of the public safety and health; and

(b) The owner of the mill shall agree to transfer or revert to the appropriate state or federal agency upon termination of the license all lands, buildings, and grounds, and any interests therein, necessary to fulfill the purposes of this chapter except where the lands are held in trust for or are owned by any Indian tribe.

(3) The department shall, after public notice and opportunity for written comment, hold a public hearing to consider the adequacy of the proposed plan to protect the safety and health of the public required by subsections (1) and (2) of this section. The proceedings shall be recorded and transcribed. The public hearing shall provide the opportunity for cross-examination by both the department and the person proposing the plan required under this section. The department shall make a written determination as to the licensing of the mill which is based upon the findings included in the determination and upon the evidence presented during the public comment period. The determination is subject to judicial review. If a declaration of nonsignificance is issued for a license renewal application under rules adopted under chapter 43.21C RCW, the public hearing is not required.

(4) The department shall set a schedule of license and amendment fees predicated on the cost of reviewing the license application and of monitoring for compliance with the conditions of the license. A permit for construction of a uranium or thorium mill may be granted by the ((~~secretary~~)) director prior to licensing.

Sec. 13. Section 4, chapter 110, Laws of 1979 ex. sess. and RCW 70.121.040 are each amended to read as follows:

The ((~~secretary~~)) director or ((~~his~~)) the director's representative shall monitor the operations of the mill for compliance with the conditions of the license by the owner or operator. The mill owner or operator shall be responsible for compliance, both during the lifetime of the facility and at shutdown, including but not limited to such requirements as fencing and posting the site; contouring, covering, and stabilizing the pile; and for decommissioning the facility.

Sec. 14. Section 5, chapter 110, Laws of 1979 ex. sess. as amended by section 2, chapter 184, Laws of 1987 and RCW 70.121.050 are each amended to read as follows:

On a quarterly basis on and after January 1, 1980, there shall be levied and the department shall collect a charge of five cents per pound on each pound of uranium or thorium compound milled out of the raw ore. All moneys paid to the department from these charges shall be deposited in a special security fund in the treasury of the state of Washington to be known as the "radiation perpetual maintenance fund(("))." This security fund shall be used by the department when a licensee has ceased to operate and the site may still contain, or have associated with the site at which the licensed activity was conducted in spite of full compliance with RCW ((~~70.121.030~~)) 43.206.030, radioactive material which will require further maintenance, surveillance, or other care. If, with respect to a licensee, the department determines that the estimated total of these charges will be less than or greater than that required to defray the estimated cost of administration of this responsibility, the department may prescribe such an increased or decreased charge as is considered necessary for this purpose. If, at termination of the license, the department determines that by the applicable standards and practices then in effect, the charges which have been collected from the licensee and earnings generated therefrom are in excess of the amount required to defray the cost of this responsibility, the department may refund the excess portion to the licensee. If, at termination of the license or cessation of operation, the department determines, by the applicable standards and practices then in effect, that the charges which have been collected from the licensee and earnings generated therefrom are together insufficient to defray the cost of this responsibility, the department may collect the excess portion from the licensee.

Moneys in the radiation perpetual maintenance fund shall be invested by the state investment board in the manner as other state moneys.

Sec. 15. Section 6, chapter 110, Laws of 1979 ex. sess. and RCW 70.121.060 are each amended to read as follows:

In order to provide for the proper care and surveillance of sites under RCW ((~~70.121.050~~)) 43.206.050, the state may acquire by gift or transfer from any government agency, corporation, partnership, or person, all lands, buildings, and grounds necessary to fulfill the purposes of this chapter. Any such gift or transfer shall be subject to approval by the department. In exercising the authority of this section, the department shall take into consideration the status of the ownership of the land and interests therein and the ability of the licensee to transfer title and custody thereof to the state.

Sec. 16. Section 7, chapter 110, Laws of 1979 ex. sess. and RCW 70.121.070 are each amended to read as follows:

Recognizing the uncertainty of the existence of a person or corporation in perpetuity, and recognizing that ultimate responsibility to protect the public health and safety must be reposed in a solvent government, without regard to the existence of any particular agency or department thereof, all lands, buildings, and grounds acquired by the state under RCW ((~~70.121.060~~)) 43.206.060 shall be owned in fee simple by the state and dedicated in perpetuity to the purposes stated in RCW ((~~70.121.060~~)) 43.206.060. All radioactive material received at a site and located therein at the time of acquisition of ownership by the state shall become the property of the state.

Sec. 17. Section 8, chapter 110, Laws of 1979 ex. sess. and RCW 70.121.080 are each amended to read as follows:

If a person licensed by any governmental agency other than the state or if any other governmental agency desires to transfer a site to the state for the purpose of administering or providing perpetual care, a lump sum payment shall be made to the radiation perpetual maintenance fund. The amount of the deposit shall be determined by the department taking into consideration the factors stated in RCW ((~~70.121.050~~)) 43.206.050.

Sec. 18. Section 10, chapter 110, Laws of 1979 ex. sess. as amended by section 5, chapter 184, Laws of 1987 and RCW 70.121.100 are each amended to read as follows:

The ((~~secretary~~)) director or the ((~~secretary's~~)) director's duly authorized representative shall require the posting of a bond by licensees to be used exclusively to provide funds in the event of abandonment, default, or other inability of the licensee to meet the requirements of the department. The ((~~secretary~~)) director may establish bonding requirements by classes of licensees and by range of monetary amounts. In establishing these requirements, the ((~~secretary~~)) director shall consider the potential for contamination, injury, cost of disposal, and reclamation of the property. The amount of the bond shall be sufficient to pay the costs of reclamation and perpetual maintenance.

Sec. 19. Section 11, chapter 110, Laws of 1979 ex. sess. as amended by section 6, chapter 184, Laws of 1987 and RCW 70.121.110 are each amended to read as follows:

A bond shall be accepted by the department if it is a bond issued by a fidelity or surety company admitted to do business in the state of Washington and the fidelity or surety company is found by the state finance commission to be financially secure at licensing and licensing renewals, if it is a personal bond secured by such collateral as the ((~~secretary~~)) director deems satisfactory and in accordance with RCW ((~~70.121.100~~)) 43.206.100, or if it is a cash bond.

Sec. 20. Section 3, chapter 184, Laws of 1987 and RCW 70.121.140 are each amended to read as follows:

If a licensee fails to pay the department within a reasonable time money owed to the state under this chapter, the obligation owed to the state shall constitute a lien on all property, both real and personal, owned by the obligor-licensee when the department records or files, pursuant to this section, a statement of claim against the obligor-licensee. The statement of claim against the obligor-licensee shall name the obligor-licensee, name the state as obligee, describe the obligation, and describe the property to be held in security for the obligation.

Statements of claim creating a lien on real property, fixtures, timber, agricultural products, oil, gas, or minerals shall be recorded with the county auditor in each county where the property is located. Statements of claim creating a lien in personal property, whether tangible or intangible, shall be filed with the department of licensing.

A lien recorded or filed pursuant to this section has priority over any lien, interest, or other encumbrance previously or thereafter recorded or filed concerning any property described in the statement of claim, to the extent allowed by federal law.

A lien created pursuant to this section shall continue in force until extinguished by foreclosure or bankruptcy proceedings or until a release of the lien signed by the ((~~secretary~~)) director is recorded or filed in the place where the statement of claim was recorded or filed. The ((~~secretary~~)) director shall sign and record or file a release only after the obligation owed to the state under this chapter, together with accrued interest and costs of collection has been paid.

Sec. 21. Section 15, chapter 110, Laws of 1979 ex. sess. and RCW 70.121.905 are each amended to read as follows:

This chapter may be known as the "mill tailings licensing and perpetual care act ((~~of 1979~~))".

Sec. 22. Section 27, chapter 80, Laws of 1973 and RCW 49.17.270 are each amended to read as follows:

The department shall be the sole and paramount administrative agency responsible for the administration of the provisions of this chapter, and any other agency of the state or any municipal corporation or political subdivision of the state having administrative authority over the inspection, survey, investigation, or any regulatory or enforcement authority of safety and health standards related to the health and safety of employees in any work place subject to this chapter, shall be required, notwithstanding any statute to the contrary, to exercise such authority as provided in this chapter and subject to interagency agreement or agreements with the department made under the authority of the interlocal cooperation act (chapter 39.34 RCW) relative to the procedures to be followed in the enforcement of this chapter: PROVIDED, That in relation to employers using or possessing sources of ionizing radiation the department of labor and industries and the department of social and health services shall agree upon mutual policies, rules, and regulations compatible with policies, rules, and regulations adopted pursuant to chapter ((~~70.98~~)) 43.204 RCW insofar as such policies, rules, and regulations are not inconsistent with the provisions of this chapter.

NEW SECTION. Sec. 23. All powers, duties, and functions of the department of social and health services pertaining to nuclear energy and radiation and mill tailings--licensing and perpetual care are transferred to the department of ecology. All references to the secretary or department of social and health services in the Revised Code of Washington shall be construed to mean the director or department of ecology when referring to the functions transferred in this section.

NEW SECTION. Sec. 24. All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of social and health services pertaining to the powers, functions, and duties transferred 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 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 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 shall, on the effective date of this section, 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. 25. All employees of the department of social and health services engaged in performing the powers, functions, and duties transferred 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. 26. All rules and all pending business before the department of social and health services pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the department of ecology. All existing contracts and obligations shall remain in full force and shall be performed by the department of ecology.

NEW SECTION. Sec. 27. 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 section.

NEW SECTION. Sec. 28. If apportionments of budgeted funds are required because of the transfers directed by sections 24 through 27 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. 29. Nothing contained in sections 23 through 28 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. 30. Section 14, chapter 19, Laws of 1983 1st ex. sess. and RCW 43.200.090 are each repealed.

NEW SECTION. Sec. 31. The following sections are recodified:

(1) RCW 43.200.080 as RCW 43.202.020;

(2) RCW 43.200.170 as RCW 43.202.030;

(3) RCW 43.200.180 as RCW 43.202.040;

(4) RCW 43.200.190 as RCW 43.202.050;

(5) RCW 43.200.200 as RCW 43.202.060;

(6) RCW 43.200.210 as RCW 43.202.070;

(7) RCW 43.200.905 as RCW 43.202.901;

(8) RCW 43.200.906 as RCW 43.202.902;

(9) RCW 70.98.010 as RCW 43.204.010;

(10) RCW 70.98.020 as RCW 43.204.020;

(11) RCW 70.98.030 as RCW 43.204.030;

(12) RCW 70.98.050 as RCW 43.204.050;

(13) RCW 70.98.080 as RCW 43.204.080;

(14) RCW 70.98.085 as RCW 43.204.085;

(15) RCW 70.98.095 as RCW 43.204.095;

(16) RCW 70.98.100 as RCW 43.204.100;

(17) RCW 70.98.110 as RCW 43.204.110;

(18) RCW 70.98.120 as RCW 43.204.120;

(19) RCW 70.98.125 as RCW 43.204.125;

(20) RCW 70.98.130 as RCW 43.204.130;

(21) RCW 70.98.140 as RCW 43.204.140;

(22) RCW 70.98.150 as RCW 43.204.150;

(23) RCW 70.98.160 as RCW 43.204.160;

(24) RCW 70.98.170 as RCW 43.204.170;

(25) RCW 70.98.180 as RCW 43.204.180;

(26) RCW 70.98.190 as RCW 43.204.190;

(27) RCW 70.98.200 as RCW 43.204.200;

(28) RCW 70.98.210 as RCW 43.204.210;

(29) RCW 70.98.900 as RCW 43.204.900;

(30) RCW 70.98.910 as RCW 43.204.910;

(31) RCW 70.98.920 as RCW 43.204.920;

(32) RCW 70.121.010 as RCW 43.206.010;

(33) RCW 70.121.020 as RCW 43.206.020;

(34) RCW 70.121.030 as RCW 43.206.030;

(35) RCW 70.121.040 as RCW 43.206.040;

(36) RCW 70.121.050 as RCW 43.206.050;

(37) RCW 70.121.060 as RCW 43.206.060;

(38) RCW 70.121.070 as RCW 43.206.070;

(39) RCW 70.121.080 as RCW 43.206.080;

(40) RCW 70.121.090 as RCW 43.206.090;

(41) RCW 70.121.100 as RCW 43.206.100;

(42) RCW 70.121.110 as RCW 43.206.110;

(43) RCW 70.121.120 as RCW 43.206.120;

(44) RCW 70.121.130 as RCW 43.206.130;

(45) RCW 70.121.140 as RCW 43.206.140;

(46) RCW 70.121.150 as RCW 43.206.150;

(47) RCW 70.121.900 as RCW 43.206.900;

(48) RCW 70.121.905 as RCW 43.206.905; and

(49) RCW 70.121.910 as RCW 43.206.910.