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SIXTY-FIFTH DAY


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MORNING SESSION


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Senate Chamber, Olympia, Tuesday, March 14, 1995

      The Senate was called to order at 9:00 a.m. by President Pritchard. The Secretary called the roll and announced to the President that all Senators were present except Senators Cal Anderson, Drew, Finkbeiner, Pelz, Rasmussen and Schow. On motion of Senator Ann Anderson, Senators Finkbeiner and Schow were excused. On motion of Senator Loveland, Senators Cal Anderson, Drew, Pelz and Rasmussen were excused.

      The Sergeant at Arms Color Guard, consisting of Pages Jeff West and Rita Yates, presented the Colors. Reverend Paul Beeman, retired pastor of the United Methodist Church of Olympia, offered the prayer.


MOTION


      On motion of Senator Spanel, the reading of the Journal of the previous day was dispensed with and it was approved.


MESSAGE FROM THE GOVERNOR


March 7, 1995


TO THE HONORABLE, THE SENATE OF THE STATE OF WASHINGTON

Ladies and Gentlemen:

      I have the honor to submit the following reappointment, subject to your confirmation.

      Tim Douglas, reappointed March 7, 1995, for a term ending July 5, 1998, as a member of the Puget Sound Water Quality Authority.

Sincerely,

MIKE LOWRY, Governor

      Referred to Committee on Ecology and Parks.


MESSAGES FROM THE HOUSE


March 11, 1995


MR. PRESIDENT:

      The House has passed:

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1298,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1357, 

      ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1557,

      SUBSTITUTE HOUSE BILL NO. 1610,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1719,

      ENGROSSED HOUSE BILL NO. 1729,

      SUBSTITUTE HOUSE BILL NO. 1818,

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1922, and the same are herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


March 11, 1995


MR. PRESIDENT:

      The House has passed:

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1147, and the same is herewith transmitted.

TIMOTHY A. MARTIN, Chief Clerk


INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

ESHB 1147        by House Committee on Education (originally sponsored by Representatives Quall, B. Thomas, Mastin, Carlson, Basich, Backlund, Dyer and Sheldon)

 

Authorizing charter schools.

 

Referred to Committee on Education.

 

ESHB 1298        by House Committee on Children and Family Services (originally sponsored by Representatives Cooke, Tokuda and Patterson) (by request of Department of Social and Health Services)

 

Enlarging the scope of the methadone treatment program to the opiate substitution treatment program.

 

Referred to Committee on Human Services and Corrections.

 

ESHB 1357        by House Committee on Corrections (originally sponsored by Representatives Ballasiotes, Sherstad, Cole, Costa, Blanton, Quall, Veloria, Radcliff, Campbell and Dickerson)

 

Authorizing counties to supervise misdemeanant offenders placed on probation.

 

Referred to Committee on Human Services and Corrections.

 

E2SHB 1557      by House Committee on Appropriations (originally sponsored by Representatives L. Thomas, Dellwo, Mielke, Wolfe, G. Fisher, Blanton and Poulsen) (by request of Insurance Commissioner Senn and Attorney General Gregoire)

 

Combatting insurance fraud.

 

Referred to Committee on Financial Institutions and Housing.

 

SHB 1610          by House Committee on Law and Justice (originally sponsored by Representatives Delvin, Costa, Ballasiotes, Padden, Tokuda, Kremen, Chappell, Morris, Campbell, Hatfield, Cody, Regala, Romero, Hickel, Sheldon, Robertson and Kessler)

 

Increasing involvement of victims in criminal prosecutions.

 

Referred to Committee on Law and Justice.

 

ESHB 1719        by House Committee on Children and Family Services (originally sponsored by Representatives Boldt, Koster, Cooke, Carlson, Stevens, Benton, Dyer, Padden and Thompson)

 

Creating the office of inspector general within the department of social and health services.

 

Referred to Committee on Human Services and Corrections.

 

EHB 1729          by Representatives Horn, Chandler, Van Luven, Hargrove, Schoesler and Elliot

 

Establishing procedures by which owners of single-family residences may use lake water for noncommercial landscape irrigation.

 

Referred to Committee on Ecology and Parks.

 

SHB 1818          by House Committee on Appropriations (originally sponsored by Representatives R. Fisher, Robertson, Scott, Costa, Mason, Ogden, Wolfe, Conway and Cody) (by request of Washington State Patrol)

 

Providing for criminal justice funding.

 

Referred to Committee on Ways and Means.

 

ESHB 1922        by House Committee on Transportation (originally sponsored by Representatives K. Schmidt and R. Fisher)

 

Regulating excursion vessels.

 

Referred to Committee on Transportation.


SECOND READING


      SENATE BILL NO. 5882, by Senators Haugen, Moyer, Loveland and Deccio

 

Concerning the disposal of surplus property by a governmental entity.


      The bill was read the second time.


MOTION


      On motion of Senator Haugen, the rules were suspended, Senate Bill No. 5882 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5882.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5882 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 0; Excused, 6.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Fairley, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Prentice, Prince, Quigley, Rinehart, Roach, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 43.

      Excused: Senators Anderson, C., Drew, Finkbeiner, Pelz, Rasmussen and Schow - 6.

      SENATE BILL NO. 5882, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 5607, by Senators Gaspard, Cantu, Haugen, Prentice, Wood, Snyder, Long, A. Anderson, Deccio, Kohl, Wojahn, Oke, Rasmussen and Winsley (by request of State Auditor Sonntag)

 

Auditing state government.


MOTIONS


      On motion of Senator Rinehart, Substitute Senate Bill No. 5607 was substituted for Senate Bill No. 5607 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Gaspard, the following amendment by Senators Gaspard and West was adopted:

      On page 4, line 18, strike "council" and insert "executive committee"


MOTIONS


      On motion of Senator Gaspard, the following amendment by Senators Gaspard and West was adopted:

      On page 8, line 30, after "audits" insert ", in consultation with the legislative systems administrative committee under RCW 44.68.030,"

      On motion of Senator Gaspard, the following amendment by Senators Gaspard and West was adopted:

      On page 27, beginning on line 20, strike "members, officers, and employees of the legislative council," and insert "((members, officers, and employees of the legislative council,)) the"


MOTIONS


      On motion of Senator Gaspard, the following amendments by Senators Gaspard and West were considered simultaneously and were adopted:

      On page 32, line 17, after "senate," strike "one to the chief clerk of the house, one to the secretary of the senate," and insert "((one to the chief clerk of the house, one to the secretary of the senate,))"

      On page 39, line 9, after "audits" strike the comma and insert "((,)) or"

      On page 39, beginning on line 10, strike ", the chief clerk of the house, or secretary of the senate" and insert "((, the chief clerk of the house, or secretary of the senate))"


MOTION


      On motion of Senator Rinehart, the rules were suspended, Engrossed Substitute Senate Bill No. 5607 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5607.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5607 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 0; Absent, 0; Excused, 3.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 46.

      Excused: Senators Anderson, C., Drew and Pelz - 3.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5607, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      At 9:29 a.m., on motion of Senator Spanel, the Senate was declared to be at ease.


      The Senate was called to order at 11:18 a.m. by President Pritchard.


SECOND READING


      SENATE BILL NO. 5088, by Senator Smith

 

Revising the law relating to sexual predators.


MOTIONS


      On motion of Senator Smith, Second Substitute Senate Bill No. 5088 was substituted for Senate Bill No. 5088 and the second substitute bill was placed on second reading and read the second time.

      On motion of Senator Smith, the rules were suspended, Second Substitute Senate Bill No. 5088 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 5088.


ROLL CALL


      The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5088 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, A., Anderson, C., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 49.

      SECOND SUBSTITUTE SENATE BILL NO. 5088, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 5070, by Senators Haugen, Winsley, Drew, Sheldon and Fraser

 

Requiring a study of the impact of the growth management act on property values.


      The bill was read the second time.


MOTIONS


      On motion of Senator Haugen, the following amendment by Senators Haugen and Winsley was adopted:

      On page 1, line 6, after "development" insert "and the department of revenue"

      On motion of Senator Haugen, the rules were suspended, Engrossed Senate Bill No. 5070 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5070.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5070 and the bill passed the Senate by the following vote: Yeas, 46; Nays, 3; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, C., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 46.

      Voting nay: Senators Anderson, A., Johnson and Sellar - 3.

      ENGROSSED SENATE BILL NO. 5070, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      On motion of Senator Spanel, the Senate resumed consideration of Substitute Senate Bill No. 5201, deferred on second reading March 13, 1995.


MOTION FOR RECONSIDERATION


      Senator Owen, having served prior notice moved to reconsider the vote by which the amendment by Senator Hargrove on page 10, after line 14, and the title amendment were adopted.

      The President declared the question before the Senate to be the motion by Senator Owen to reconsider the vote by which the amendment by Senator Hargrove on page 10, after line 14, and the title amendment were adopted to Substitute Senate Bill No. 5201.

      The motion carried and the Senate will reconsider the amendment and title amendment by Senator Hargrove to Substitute Senate Bill No. 5201.


MOTION TO WITHDRAW AMENDMENTS


      On motion of Senator Hargrove, and there being no objection, the amendment on page 10, after line 14, and the title amendment to Substitute Senate Bill No. 5201 were withdrawn.


MOTIONS


      On motion of Senator Hargrove, the following amendment by Senators Hargrove, Rinehart, Gaspard, Snyder, Owen, Bauer, Quigley and Spanel was adopted:

      On page 10, after line 14, strike the remainder of the bill and insert the following:

      "Sec. 8. RCW 82.60.065 and 1994 1st sp.s. c 1 s 6 are each amended to read as follows:

      Except as provided in RCW 82.60.070:

      (1) Taxes deferred under this chapter on the sale or use of labor that is directly used in the construction of an investment project for which a deferral has been granted under this chapter after June 11, 1986, and prior to July 1, 1994, need not be repaid.

      (2) Taxes deferred under this chapter on an investment project for which a deferral has been granted under this chapter after June 30, 1994, need not be repaid.

      (3) Taxes deferred under this chapter need not be repaid on machinery and equipment for lumber and wood products industries, and sales of or charges made for labor and services, of the type which qualifies for exemption under section 2 or 3 of this act to the extent the taxes have not been repaid before the effective date of this act.

      Sec. 9. RCW 82.60.070 and 1994 1st sp.s. c 1 s 5 are each amended to read as follows:

      (1) Each recipient of a deferral granted under this chapter prior to July 1, 1994, shall submit a report to the department on December 31st of each year during the repayment period until the tax deferral is repaid. Each recipient of a deferral granted under this chapter after June 30, 1994, shall submit a report to the department on December 31st of the year in which the investment project is certified by the department as having been operationally completed, and on December 31st of each of the seven succeeding calendar years. The report shall contain information, as required by the department, from which the department may determine whether the recipient is meeting the requirements of this chapter. If the recipient fails to submit a report or submits an inadequate report, the department may declare the amount of deferred taxes outstanding to be immediately assessed and payable.

      (2) If, on the basis of a report under this section or other information, the department finds that an investment project is not eligible for tax deferral under this chapter for reasons other than failure to create the required number of qualified employment positions, the amount of deferred taxes outstanding for the project shall be immediately due.

      (3) If, on the basis of a report under this section or other information, the department finds that an investment project for which a deferral has been granted under this chapter prior to July 1, 1994, has been operationally complete for three years and has failed to create the required number of qualified employment positions, the department shall assess interest, but not penalties, on the deferred taxes for the project. The interest shall be assessed at the rate provided for delinquent excise taxes, shall be assessed retroactively to the date of deferral, and shall accrue until the deferred taxes are repaid.

      (4) If, on the basis of a report under this section or other information, the department finds that an investment project for which a deferral has been granted under this chapter after June 30, 1994, has been operationally complete for three years and has failed to create the required number of qualified employment positions, the amount of taxes not eligible for deferral shall be immediately due. The department shall assess interest at the rate provided for delinquent excise taxes, but not penalties, retroactively to the date of deferral.

      (5) If, on the basis of a report under this section or other information, the department finds that an investment project qualifying for deferral under RCW 82.60.040(1) (b) or (c) has failed to comply with any requirement of RCW 82.60.045 for any calendar year for which reports are required under subsection (1) of this section, twelve and one-half percent of the amount of deferred taxes shall be immediately due. The department shall assess interest at the rate provided for delinquent excise taxes, but not penalties, retroactively to the date of deferral.

      (6) Notwithstanding any other subsection of this section, deferred taxes need not be repaid on machinery and equipment for lumber and wood products industries, and sales of or charges made for labor and services, of the type which qualifies for exemption under section 2 or 3 of this act to the extent the taxes have not been repaid before the effective date of this act.

      (7) Notwithstanding any other subsection of this section, deferred taxes on the following need not be repaid:

      (a) Machinery and equipment, and sales of or charges made for labor and services, which at the time of purchase would have qualified for exemption under section 2 of this act; and

      (b) Machinery and equipment which at the time of first use would have qualified for exemption under section 3 of this act.

      Sec. 10. RCW 82.61.010 and 1994 c 125 s 1 are each amended to read as follows:

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

      (1) "Applicant" means a person applying for a tax deferral under this chapter.

      (2) "Person" has the meaning given in RCW 82.04.030.

      (3) "Department" means the department of revenue.

      (4) "Eligible investment project" means:

      (a) Construction of new buildings and the acquisition of new related machinery and equipment when the buildings, machinery, and equipment are to be used for either manufacturing or research and development activities, which construction is commenced prior to December 31, ((1998)) 1995; or

      (b) Acquisition prior to December 31, ((1998)) 1995, of new machinery and equipment to be used for either manufacturing or research and development if the machinery and equipment is housed in a new leased structure. The lessor/owner of the structure is not eligible for a deferral unless the underlying ownership of the buildings, machinery, and equipment vests exclusively in the same person; or

      (c) Acquisition of all new or used machinery, equipment, or other personal property for use in the production or casting of aluminum at an aluminum smelter or at facilities related to an aluminum smelter, if the plant was in operation prior to 1975 and has ceased operations or is in imminent danger of ceasing operations for economic reasons, as determined by the department, and if the person applying for a deferral (i) has consulted with any collective bargaining unit that represented employees of the plant pursuant to a collective bargaining agreement that was in effect either immediately prior to the time the plant ceased operations or during the period when the plant was in imminent danger of ceasing operations, on the proposed operation of the plant and on the terms and conditions of employment for wage and salaried employees and (ii) has obtained a written concurrence from the bargaining unit on the decision to apply for a deferral under this chapter; or

      (d) Modernization projects involving construction, acquisition, or upgrading of equipment or machinery, including services and labor, which are commenced after May 19, 1987, and are intended to increase the operating efficiency of existing plants which are either aluminum smelters or aluminum rolling mills or of facilities related to such plants, if the plant was in operation prior to 1975, and if the person applying for a deferral (i) has consulted with any collective bargaining unit that represents employees of the plant on the proposed operation of the plant and the terms and conditions of employment for wage and salaried employees and (ii) has obtained a written concurrence from the bargaining unit on the decision to apply for a deferral under this chapter.

      (5) "Manufacturing" means all activities of a commercial or industrial nature wherein labor or skill is applied, by hand or machinery, to materials so that as a result thereof a new, different, or useful substance or article of tangible personal property is produced for sale or commercial or industrial use and includes the production or fabrication of specially made or custom-made articles.

      (6) "Research and development" means the development, refinement, testing, marketing, and commercialization of a product, service, or process before commercial sales have begun.

      (7) "Buildings" means only those new structures used for either manufacturing or research and development activities, including plant offices and warehouses or other facilities for the storage of raw materials or finished goods if such facilities are an essential or an integral part of a factory, mill, plant, or laboratory used for manufacturing or research and development purposes. If a building is used partly for manufacturing or research and development and partly for other purposes, the applicable tax deferral shall be determined by apportionment of the costs of construction under rules adopted by the department.

      (8) "Machinery and equipment" means all industrial and research fixtures, equipment, and support facilities that are an integral and necessary part of a manufacturing or research and development operation. "Qualified machinery and equipment" includes computers; software; data processing equipment; laboratory equipment; manufacturing components such as belts, pulleys, shafts, and moving parts; molds, tools, and dies; operating structures; and all equipment used to control or operate the machinery. For purposes of this chapter, new machinery and equipment means either new to the taxing jurisdiction of the state or new to the certificate holder. Used machinery and equipment may be treated as new equipment and machinery if the certificate holder either brings the machinery and equipment into Washington or makes a retail purchase of the machinery and equipment in Washington or elsewhere.

      (9) "Qualified employment position" means a permanent full-time employee employed in the eligible investment project during the entire tax year.

      (10) "Recipient" means a person receiving a tax deferral under this chapter.

      (11) "Certificate holder" means an applicant to whom a tax deferral certificate has been issued.

      (12) "Operationally complete" means constructed or improved to the point of being functionally useable for the intended purpose.

      (13) "Initiation of construction" means that date upon which on-site construction commences.

      NEW SECTION. Sec. 11. The following acts or parts of acts are each repealed:

      (1) RCW 82.61.020 and 1987 c 497 s 2 & 1985 ex.s. c 2 s 2; and

      (2) RCW 82.61.040 and 1993 sp.s. c 25 s 408, 1988 c 41 s 2, 1986 c 116 s 10, & 1985 ex.s. c 2 s 8.

      Sec. 12. RCW 82.63.010 and 1994 sp.s. c 5 s 3 are each amended to read as follows:

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

      (1) "Advanced computing" means technologies used in the designing and developing of computing hardware and software, including innovations in designing the full spectrum of hardware from hand-held calculators to super computers, and peripheral equipment.

      (2) "Advanced materials" means materials with engineered properties created through the development of specialized processing and synthesis technology, including ceramics, high value-added metals, electronic materials, composites, polymers, and biomaterials.

      (3) "Applicant" means a person applying for a tax deferral under this chapter.

      (4) "Biotechnology" means the application of technologies, such as recombinant DNA techniques, biochemistry, molecular and cellular biology, genetics and genetic engineering, cell fusion techniques, and new bioprocesses, using living organisms, or parts of organisms, to produce or modify products, to improve plants or animals, to develop microorganisms for specific uses, to identify targets for small molecule pharmaceutical development, or to transform biological systems into useful processes and products or to develop microorganisms for specific uses. 

      (5) "Department" means the department of revenue.

      (6) "Electronic device technology" means technologies involving microelectronics; semiconductors; electronic equipment and instrumentation; radio frequency, microwave, and millimeter electronics; optical and optic-electrical devices; and data and digital communications and imaging devices.

      (7) "Eligible investment project" means ((that portion of)) an investment project which either initiates a new operation, or expands or diversifies a current operation by expanding, renovating, or equipping an existing facility ((with costs in excess of twenty-five percent of the true and fair value of the facility prior to improvement)). The lessor or owner of the qualified building is not eligible for a deferral unless the underlying ownership of the buildings, machinery, and equipment vests exclusively in the same person, or unless the lessor by written contract agrees to pass the economic benefit of the deferral to the lessee in the form of reduced rent payments.

      (8) "Environmental technology" means assessment and prevention of threats or damage to human health or the environment, environmental cleanup, and the development of alternative energy sources.

      (9) "Investment project" means an investment in qualified buildings or qualified machinery and equipment, including labor and services rendered in the planning, installation, and construction or improvement of the project.

      (10) "Person" has the meaning given in RCW 82.04.030.

      (11) "Pilot scale manufacturing" means design, construction, and testing of preproduction prototypes and models in the fields of biotechnology, advanced computing, electronic device technology, advanced materials, and environmental technology other than for commercial sale. As used in this subsection, "commercial sale" excludes sales of prototypes or sales for market testing if the total gross receipts from such sales of the product, service, or process do not exceed one million dollars.

      (12) "Qualified buildings" means construction of new structures, and expansion or renovation of existing structures for the purpose of increasing floor space or production capacity used for pilot scale manufacturing or qualified research and development, including plant offices and other facilities that are an essential or an integral part of a structure used for pilot scale manufacturing or qualified research and development. If a building is used partly for pilot scale manufacturing or qualified research and development, and partly for other purposes, the applicable tax deferral shall be determined by apportionment of the costs of construction under rules adopted by the department.

      (13) "Qualified machinery and equipment" means fixtures, equipment, and support facilities that are an integral and necessary part of a pilot scale manufacturing or qualified research and development operation. "Qualified machinery and equipment" includes: Computers; software; data processing equipment; laboratory equipment, instrumentation, and other devices used in a process of experimentation to develop a new or improved pilot model, plant process, product, formula, invention, or similar property; manufacturing components such as belts, pulleys, shafts, and moving parts; molds, tools, and dies; vats, tanks, and fermenters; operating structures; and all other equipment used to control, monitor, or operate the machinery. For purposes of this chapter, qualified machinery and equipment must be either new to the taxing jurisdiction of the state or new to the certificate holder, except that used machinery and equipment may be treated as qualified machinery and equipment if the certificate holder either brings the machinery and equipment into Washington or makes a retail purchase of the machinery and equipment in Washington or elsewhere.

      (14) "Qualified research and development" means research and development performed within this state in the fields of advanced computing, advanced materials, biotechnology, electronic device technology, and environmental technology.

      (15) "Recipient" means a person receiving a tax deferral under this chapter.

      (16) "Research and development" means activities performed to discover technological information, and technical and nonroutine activities concerned with translating technological information into new or improved products, processes, techniques, formulas, inventions, or software. The term includes exploration of a new use for an existing drug, device, or biological product if the new use requires separate licensing by the federal food and drug administration under chapter 21, C.F.R., as amended. The term does not include adaptation or duplication of existing products where the products are not substantially improved by application of the technology, nor does the term include surveys and studies, social science and humanities research, market research or testing, quality control, sale promotion and service, computer software developed for internal use, and research in areas such as improved style, taste, and seasonal design.

      NEW SECTION. Sec. 13. A new section is added to chapter 82.63 RCW to read as follows:

      (1) Except as provided in subsection (2) of this section, taxes deferred under this chapter need not be repaid.

      (2) If, on the basis of a report under RCW 82.63.020 or other information, the department finds that an investment project is used for purposes other than qualified research and development or pilot scale manufacturing at any time during the calendar year in which the investment project is certified by the department as having been operationally completed, or at any time during any of the seven succeeding calendar years, a portion of deferred taxes shall be immediately due according to the following schedule:


      Year in which use occurs                        % of deferred taxes due

                           1                                                         100%

                           2                                                         87.5%

                           3                                                          75%

                           4                                                          62.5%

                           5                                                          50%

                           6                                                          37.5%

                           7                                                          25%

                           8                                                          12.5%

      The department shall assess interest at the rate provided for delinquent taxes, but not penalties, retroactively to the date of deferral.

      (3) Notwithstanding subsection (2) of this section, deferred taxes on the following need not be repaid:

      (a) Machinery and equipment, and sales of or charges made for labor and services, which at the time of purchase would have qualified for exemption under section 2 of this act; and

      (b) Machinery and equipment which at the time of first use would have qualified for exemption under section 3 of this act.

      NEW SECTION. Sec. 14. The following acts or parts of acts are each repealed:

      (1) RCW 82.63.040 and 1994 sp.s. c 5 s 6; and

      (2) RCW 82.63.050 and 1994 sp.s. c 5 s 7.

      NEW SECTION. Sec. 15. The legislative fiscal committees shall report to the legislature by December 1, 1999, on the economic impacts of the manufacturers' tax exemption. This report shall analyze employment and other relevant economic data from before and after the enactment of the tax exemptions authorized under this act and shall measure the effect on the creation or retention of family wage jobs and diversification of the state's economy. Analytic techniques may include, but not be limited to, comparisons of Washington to other states that did not enact business tax changes, comparisons across Washington counties based on usage of the tax exemptions, and comparisons across similar firms based on their use of the tax exemptions. In performing the analysis, the legislative fiscal committees shall consult with business and labor interests. The department or revenue, the employment security department, and other agencies shall provide to the legislative fiscal committees such data as the legislative fiscal committees may request in performing the analysis required under this section.

      NEW SECTION. Sec. 16. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1995.


      On motion of Senator Rinehart, the following title amendment was adopted:

      On page 1, line 4 of the title, before "82.60.070" insert "82.60.065,"


MOTION


      On motion of Senator Rinehart, the rules were suspended, Engrossed Substitute Senate Bill No. 5201 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.


POINT OF INQUIRY


      Senator Cantu: "Senator Bauer, I had the honor of serving with you as a member of the Manufacturing Tax Study Committee last summer that resulted in the recommendation of this legislation. In determining the fiscal impact of this proposal, several assumptions were made regarding the scope of manufacturing and processing included in the recommendations. The scope of manufacturing and processing was described to include all business activities identified in two-digit Standard Industrial Codes 20 through 39 and those businesses' activities identified in the three digit Standard Industrial Code 737.

      "Is it intended that Substitute Senate Bill No. 5201 apply to all business activities identified in two-digit Standard Industrial Codes 20 through 39 and those businesses' activities identified in the three digit Standard Industrial Code 737?"

      Senator Bauer: "Yes, Substitute Senate Bill No. 5201 is intended to apply to all business activities identified in two-digit Standard Industrial Codes 20 through 39 and those businesses' activities identified in the three digit Standard Industrial Code 737,"

      Senator Cantu: "Thank you."

      Further debate ensued.


POINT OF INQUIRY


      Senator Gaspard: "Senator Rinehart, for the purposes of this analysis, what does the term 'family wage jobs' mean?"

      Senator Rinehart: "The term 'family wage jobs' must be flexible to take into account varying cost of living differences throughout the state. It must also recognize compensation as a package. Therefore, it should include pension and health benefits and it should recognize that a part-time job with a high hourly rate may provide less support for a family than a full-time job with a lower rate of salary.

      "In addition, factors such as family size and type should be taken into consideration. Therefore, a larger family needs more income than a smaller one, and a single-parent family may have higher child care and other costs than a two-parent family."

      Further debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5201.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5201 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 4; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, A., Anderson, C., Bauer, Cantu, Deccio, Drew, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Swecker, West, Winsley, Wojahn and Wood - 45.

      Voting nay: Senators Fairley, Pelz, Rinehart and Sutherland - 4.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5201, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 5503, by Senators Prentice, Deccio, Pelz, Sellar and Fraser

 

Streamlining temporary worker housing safety and health regulations.


MOTIONS


      On motion of Senator Prentice, Substitute Senate Bill No. 5503 was substituted for Senate Bill No. 5503 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Prentice, the following amendment by Senators Prentice and Deccio was adopted:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. The legislature finds that there is an inadequate supply of temporary and permanent housing for migrant and seasonal workers in this state. The legislature also finds that unclear, complex regulations related to the development, construction, and permitting of worker housing inhibit the development of this much needed housing. The legislature further finds that as a result, many workers are forced to obtain housing that is unsafe and unsanitary.

      Therefore, it is the intent of the legislature to encourage the development of temporary and permanent housing for workers that is safe and sanitary by: Establishing a clear and concise set of regulations for temporary housing; establishing a streamlined permitting and administrative process that will be locally administered and encourage the development of such housing; and by providing technical assistance to organizations or individuals interested in the development of worker housing.

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

      (1) "Department" means the department of health.

      (2) "Dwelling unit" means a shelter, building, or portion of a building, that may include cooking and eating facilities, that is:

      (a) Provided and designated by the operator as either a sleeping area, living area, or both, for occupants; and

      (b) Physically separated from other sleeping and common-use areas.

      (3) "Facility" means a sleeping place, drinking water, toilet, sewage disposal, food handling installation, or other installations required for compliance with this chapter.

      (4) "Occupant" means a temporary worker or a person who resides with a temporary worker at the housing site.

      (5) "Operator" means a person holding legal title to the land on which temporary worker housing is located. However, if the legal title and the right to possession are in different persons, "operator" means a person having the lawful control or supervision over the temporary worker housing under a lease or other arrangement.

      (6) "Temporary worker" means a person employed intermittently and not residing year-round at the same site.

      (7) "Temporary worker housing" means a place, area, or piece of land where sleeping places or housing sites are provided by an employer for his or her employees or by another person, including a temporary worker housing operator, who is providing such accommodations for employees, for temporary, seasonal occupancy, and includes "labor camps" under RCW 70.54.110.

      NEW SECTION. Sec. 3. This act applies to temporary worker housing that consists of five or more dwelling units, or any combination of dwelling units, dormitories, or spaces that house ten or more occupants.

      NEW SECTION. Sec. 4. The department is designated the single state agency responsible for encouraging the development of additional temporary worker housing, and shall be responsible for coordinating the activities of the various state and local agencies to assure a seamless, nonduplicative system for the development and operation of temporary worker housing.

      NEW SECTION. Sec. 5. Temporary worker housing located on a rural worksite, and used for workers employed on the worksite, shall be considered a permitted use at the rural worksite for the purposes of zoning or other land use review processes, subject only to height, setback, and road access requirements of the underlying zone.

      NEW SECTION. Sec. 6. The secretary of the department or authorized representative may inspect housing covered by this act to enforce temporary worker housing rules adopted by the state board of health, or when the secretary or representative has reasonable cause to believe that a violation of temporary worker housing rules adopted by the state board of health is occurring or is being maintained. If the buildings or premises are occupied as a residence, a reasonable effort shall be made to obtain permission from the resident. If the premises or building is unoccupied, a reasonable effort shall be made to locate the owner or other person having charge or control of the building or premises and request entry. If consent for entry is not obtained, for whatever reason, the secretary or representative shall have recourse to every remedy provided by law to secure entry.

      NEW SECTION. Sec. 7. The department of community, trade, and economic development shall contract with private, nonprofit corporations to provide technical assistance to any private individual or nonprofit organization wishing to construct temporary or permanent worker housing. The assistance may include information on state and local application and approval procedures, information or assistance in applying for federal, state, or local financial assistance, including tax incentives, information on cost-effective housing designs, or any other assistance the department of community, trade, and economic development may deem helpful in obtaining the active participation of private individuals or groups in constructing or operating temporary or permanent worker housing.

      NEW SECTION. Sec. 8. By December 1, 1996, the state building code council shall develop a temporary worker housing code, in conformance with the temporary worker housing standards developed under the Washington industrial safety and health act, chapter 49.17 RCW, the rules adopted by the state board of health under RCW 70.54.110, and the following guidelines:

      (1) The code shall provide construction standards for shelter and associated facilities that are safe, secure, and capable of withstanding the stresses and loads associated with their designated use, and to which they are likely to be subjected by the elements.

      (2) The code shall permit and facilitate designs and formats that allow for maximum affordability, consistent with the provision of decent, safe, and sanitary housing.

      (3) In developing the code the council shall consider: (a) The need for dormitory type housing for groups of unrelated individuals; and (b) the need for housing to accommodate families.

      (4) The code shall include construction standards for a variety of formats, including, but not limited to: (a) Tents and tent platforms; and (b) hard-shell, single exterior wall structures.

      (5) The code shall include standards for temporary worker housing that is to be used only during periods when no auxiliary heat is required.

      In developing the temporary worker housing code, it is the intent of the legislature that the building code council make exceptions to the codes listed in RCW 19.27.031, and chapter 19.27A RCW, in keeping with the guidelines set forth in this section.

      The building code council shall appoint a technical advisory committee to assist in the development of the temporary worker housing code, which shall include representatives of industries that most frequently supply temporary housing to their employees.

      NEW SECTION. Sec. 9. The department shall submit a report to the legislature containing short-term and long-term recommendations for the development of an adequate supply and continuous improvement of temporary worker housing. The report shall include recommendations for optimum roles for state and local administration of temporary worker housing, including strategies for the development of a locally administered application, permitting, and compliance system. The report shall identify incentives for the development of temporary worker housing, including but not limited to:

      (1) Facility design options that are economical and appropriate for the worksite and length of seasonal employment but do not compromise health and safety of workers;

      (2) Streamlined, single-service-point permit application and review process;

      (3) Utilization of manufactured shelter units;

      (4) Appropriate building standards;

      (5) Financial incentives for operators;

      (6) Community-financed temporary worker housing; and

      (7) Shared housing arrangements among operators.

      The report shall include recommendations for appropriate compliance strategies.

      A preliminary report shall be submitted by December 1, 1995, together with any recommendations for legislation necessary to implement the findings and recommendations of the department at that point.

      A final report, including recommendations for legislation, shall be submitted by December 1, 1996.

      Sec. 10. RCW 70.54.110 and 1990 c 253 s 4 are each amended to read as follows:

      The state board of health shall develop rules for labor camps, which shall ((include as a minimum)) not exceed the standards developed under the Washington industrial safety and health act in chapter 49.17 RCW as relates to ((sanitation and)) temporary labor camps.

      All new housing and new construction together with the land areas appurtenant thereto which shall be started on and after May 3, 1969, and is to be provided by employers, growers, management, or any other persons, for occupancy by workers or by workers and their dependents, in agriculture, shall comply with the rules and regulations of the state board of health pertaining to labor camps. Within sixty days following the effective date of this act, the board shall review all rules it has adopted under this section and modify or repeal any rules that exceed the standards developed under chapter 49.17 RCW.

      NEW SECTION. Sec. 11. The sum of forty-nine thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1997, from the general fund to the department of community, trade, and economic development for the purposes of section 7 of this act.

      NEW SECTION. Sec. 12. Sections 1 through 9 of this act shall constitute a new chapter in Title 70 RCW.

      NEW SECTION. Sec. 13. 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. 14. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."


MOTION


      On motion of Senator Prentice, the rules were suspended, Engrossed Substitute Senate Bill No. 5503 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5503.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5503 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 2; Excused, 0.

      Voting yea: Senators Anderson, A., Anderson, C., Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 47.

      Absent: Senators Bauer and Smith - 2.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5503, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      At 12:06 p.m., on motion of Senator Spanel, the Senate recessed until 1:00 p.m.


      The Senate was called to order at 1:07 p.m. by President Pritchard.


SECOND READING


      SENATE BILL NO. 5676, by Senators Fraser and Kohl

 

Restricting residential time for abusive parents.


MOTIONS


      On motion of Senator Smith, Substitute Senate Bill No. 5676 was substituted for Senate Bill No. 5676 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Smith, the rules were suspended, Substitute Senate Bill No. 5676 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


MOTIONS


      On motion of Senator Newhouse, Senator Ann Anderson was excused.

      On motion of Senator Loveland, Senator Pelz was excused.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5676.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5676 and the bill passed the Senate by the following vote: Yeas, 43; Nays, 0; Absent, 4; Excused, 2.

      Voting yea: Senators Anderson, C., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Owen, Palmer, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, West, Winsley, Wojahn and Wood - 43.

      Absent: Senators Heavey, Moyer, Oke and Swecker - 4.

      Excused: Senators Anderson, A. and Pelz - 2.

      SUBSTITUTE SENATE BILL NO. 5676, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 5780, by Senators Prentice, Deccio and C. Anderson

 

Regulating viatical settlements.


MOTIONS


      On motion of Senator Prentice, Substitute Senate Bill No. 5780 was substituted for Senate Bill No. 5780 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Prentice, the rules were suspended, Substitute Senate Bill No. 5780 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


MOTIONS


      On motion of Senator Schow, Senator McCaslin was excused.

      On motion of Senator Wood, Senators Moyer and Swecker were excused.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5780.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5780 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 1; Excused, 4.

      Voting yea: Senators Anderson, C., Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, West, Winsley, Wojahn and Wood - 44.

      Absent: Senator Bauer - 1.

      Excused: Senators Anderson, A., McCaslin, Moyer and Swecker - 4.

      SUBSTITUTE SENATE BILL NO. 5780, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 5770, by Senators Pelz, Newhouse and Deccio (by request of Employment Security Department)

 

Providing for unemployment insurance claimant profiling.


      The bill was read the second time.


MOTIONS


      On motion of Senator Pelz, the following Committee on Labor, Commerce and Trade amendment was adopted:

      On page 3, after line 10, insert the following:

      "NEW SECTION. Sec. 3. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately."

      On motion of Senator Pelz, the following title amendment was adopted:

      On page 1, line 2 of the title, after "50.20.010;" strike the remainder of the title and insert "creating a new section; and declaring an emergency."


MOTION


      On motion of Senator Pelz, the rules were suspended, Engrossed Senate Bill No. 5770 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5770.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5770 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 0; Absent, 2; Excused, 3.

      Voting yea: Senators Anderson, C., Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, West, Winsley, Wojahn and Wood - 44.

      Absent: Senators Bauer and Owen - 2.

      Excused: Senators Anderson, A., Moyer and Swecker - 3.

      ENGROSSED SENATE BILL NO. 5770, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      On motion of Senator Loveland, Senators Cal Anderson, Bauer and Owen were excused.


SECOND READING


      SENATE BILL NO. 5372, by Senators Sheldon and Wood (by request of Department of Community, Trade, and Economic Development and Public Works Board)

 

Appropriating funds for projects recommended by the public works board.


      The bill was read the second time.


MOTION


      On motion of Senator Sheldon, the rules were suspended, Senate Bill No. 5372 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5372.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5372 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

      Voting yea: Senators Anderson, A., Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 45.

      Excused: Senators Anderson, C., Bauer, Moyer and Owen - 4.

      SENATE BILL NO. 5372, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 5884, by Senators Prentice, Winsley, Fraser, Franklin and Snyder (by request of Washington State Housing Finance Commission)

 

Enforcing financing terms by the housing finance commission.


MOTIONS


      On motion of Senator Prentice, Substitute Senate Bill No. 5884 was substituted for Senate Bill No. 5884 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Prentice, the rules were suspended, Substitute Senate Bill No. 5884 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


MOTION


      On motion of Senator Loveland, Senator Rinehart was excused.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5884.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5884 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 0; Absent, 0; Excused, 4.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Newhouse, Oke, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 45.

      Excused: Senators Anderson, C., Moyer, Owen and Rinehart - 4.

      SUBSTITUTE SENATE BILL NO. 5884, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 5632, by Senators Ann Anderson, Drew, Owen, Hargrove, Swecker, Morton, Hale, Haugen, Finkbeiner, Strannigan, Moyer, Palmer, Johnson, Quigley and Rasmussen

 

Providing for flood damage reduction.


MOTIONS


      On motion of Senator Drew, Second Substitute Senate Bill No. 5632 was substituted for Senate Bill No. 5632 and the second substitute bill was placed on second reading and read the second time.

      Senator Drew moved that the following amendments by Senators Drew, Hargrove, Ann Anderson, Owen and Fraser be considered simultaneously and be adopted:

      On page 10, beginning on line 2, after "life." strike all material through "water." on line 9

      On page 13, beginning on line 4, after "life." strike all material through "water." on line 12

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendments by Senators Drew, Hargrove, Ann Anderson, Owen and Fraser on page 10, beginning on line 2, and page 13, beginning on line 4, to Second Substitute Senate Bill No. 5632.

      The motion by Senator Drew carried and the amendments were adopted.


MOTION


      Senator Quigley moved that the following amendment by Senators Drew, Haugen, Ann Anderson and Quigley be adopted:

      On page 20, after line 19, insert the following:

      "Sec. 14. RCW 85.38.200 and 1986 c 278 s 8 are each amended to read as follows:

      (1) Territory that is ((contiguously located)) adjoining or in close proximity to a special district may be annexed by the special district as provided in this section under the petition and election, resolution and election, or direct petition method of annexation.

      (2) An annexation under the election method may be initiated by the filing of a petition requesting the action that is signed by at least ten owners of property in the area proposed to be annexed or the adoption of a resolution requesting such action by the governing body of the special district. The petitions shall be filed with the governing body of the special district that is requested to annex the territory. An election to authorize an annexation initiated under the petition and election method may be held only if the governing body approves the annexation. An annexation under either election method shall be authorized if the voters of the area proposed to be annexed approve a ballot proposition favoring the annexation by a simple majority vote. The annexation shall be effective when results of an election so favoring the annexation are certified by the county auditor or auditors. The election, notice of the election, and eligibility to vote at the election shall be as provided for the creation of a special district.

      (3) An annexation under the direct petition method of annexation may be accomplished if the owners of a majority of the acreage proposed to be annexed sign a petition requesting the annexation, and the governing body of the special district approves the annexation. The petition shall be filed with the governing body of the special district. The annexation shall be effective when the governing body approves the annexation.

      (4) Whenever a special district annexes territory under this section, the exclusive method by which the special district measures and imposes special assessments upon real property within the entire enlarged area shall be as set forth in RCW 85.38.150 through 85.38.170."

      Renumber the remaining sections consecutively and correct any internal references accordingly.

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senators Drew, Haugen, Ann Anderson and Quigley on page 20, after line 19, to Second Substitute Senate Bill No. 5632.

      The motion by Senator Quigley carried and the amendment was adopted.


MOTION


      Senator Fraser moved that the following amendment be adopted:

      On page 22, beginning on line 35, strike all of section 18

      Renumber the remaining sections consecutively and correct internal references accordingly.

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senator Fraser on page 22, beginning on line 35, to Second Substitute Senate Bill No. 5632.

      The motion by Senator Fraser failed and the amendment was not adopted.


MOTIONS


      On motion of Senator Drew, the following amendments by Senators Drew, Fraser and Ann Anderson were considered simultaneously and were adopted:

      On page 25, line 27, after "identifying" insert "and considering"

      On page 25, line 28, after "(d)" insert "the impact of in-stream flood control work on the state's in-stream resources; (e)"

      On page 25, line 29, after "structures;" strike "((and)) (e)" and insert "((and (e))) (f)"

      On page 25, line 31, after "channel;" strike "(f)" and insert "(g)"

      On page 25, line 33, after "and" strike "(g)" and insert "(h)" 

      Senator Fraser moved that the following amendment be adopted:

      On page 29, line 29, after "(ii)" strike all material through "86.26 RCW" on line 31, and insert "Repair or reconstruction of a dike or levee if the project is determined by the county to be consistent with a previously approved comprehensive flood control management plan and necessary to avoid flood damage during the next flood season"

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senator Fraser on page 29, line 29, to Second Substitute Senate Bill No. 5632.

      The motion by Senator Fraser failed and the amendment was not adopted.


MOTIONS


      On motion of Senator Drew, the following title amendment was adopted:

      On page 1, line 3 of the title, after "79.90.300," insert "85.38.200,"

      On motion of Senator Drew, the rules were suspended, Engrossed Second Substitute Senate Bill No. 5632 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute Senate Bill No. 5632.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5632 and the bill passed the Senate by the following vote: Yeas, 38; Nays, 10; Absent, 1; Excused, 0.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Finkbeiner, Gaspard, Hale, Haugen, Heavey, Hochstatter, Johnson, Long, Loveland, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley and Wood - 38.

      Voting nay: Senators Anderson, C., Fairley, Franklin, Fraser, Kohl, McAuliffe, Pelz, Rinehart, Smith and Wojahn - 10.

      Absent: Senator Hargrove - 1.

      ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5632, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


      President Pro Tempore Wojahn assumed the Chair.


SECOND READING


      SENATE BILL NO. 5544, by Senators Owen, Rinehart, Spanel, Haugen, C. Anderson and Fraser

 

Concerning the leasing of state shoreline for the exploration of oil or gas.


      The bill was read the second time.


MOTION


      Senator Swecker moved that the following amendment by Senators Swecker, Ann Anderson and Strannigan be adopted:

      On page 1, beginning on line 13, after "production" strike all material through "1995))" on line 19 and insert "until at least July 1, ((1995)) 2000. During the ((1995)) 2000 legislative session, the legislature shall determine whether the moratorium on leasing should be extended past July 1, ((1995)) 2000. This determination shall be based on the information available at that time, including the analysis described in RCW 43.143.040. If the legislature does not extend the moratorium on leasing, the moratorium will end on July 1, ((1995)) 2000"

      Debate ensued.

      Senator Gaspard demanded a roll call and the demand was sustained.

      The President Pro Tempore declared the question before the Senate to be the roll call on the adoption of the amendment by Senators Swecker, Ann Anderson and Strannigan on page 1, beginning on line 13, to Senate Bill No. 5544.


ROLL CALL


      The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 22; Nays, 27; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, A., Cantu, Deccio, Finkbeiner, Hale, Hochstatter, Johnson, Long, McCaslin, McDonald, Morton, Moyer, Newhouse, Palmer, Prince, Roach, Schow, Sellar, Strannigan, Swecker, West and Wood - 22.

      Voting nay: Senators Anderson, C., Bauer, Drew, Fairley, Franklin, Fraser, Gaspard, Hargrove, Haugen, Heavey, Kohl, Loveland, McAuliffe, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Sutherland, Winsley and Wojahn - 27.


MOTION


      On motion of Senator Owen, the rules were suspended, Senate Bill No. 5544 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.


MOTION


      On motion of Senator Sellar, Senator West was excused.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5544.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5544 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, A., Anderson, C., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Winsley, Wojahn and Wood - 48.

      Excused: Senator West - 1.

      SENATE BILL NO. 5544, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 5613, by Senators Pelz, Franklin, Hargrove, Snyder, Fraser, Bauer, McAuliffe, Smith, Prentice, Heavey and Rinehart

 

Revising the provision authorizing the department of labor and industries to hold industrial insurance orders in abeyance.


      The bill was read the second time.


MOTION


      Senator Newhouse moved that the following amendment by Senators Newhouse and Pelz be adopted:

      On page 3, on line 11, after "cause." insert: "However, the department may not exercise the authority granted in this subsection (4)(b)(ii) with respect to the claim of a worker employed by a self-insurer unless the department has notified the self-insurer of the receipt of the application under RCW 51.32.160 and has forwarded a copy of the application, by certified mail, within ten working days of the department's receipt of the application. In such a case, the ninety-day period shall commence when the notice and application are received by the self-insurer. For the purposes of this subsection (4)(b)(ii), good cause includes delay that results from conduct of the claimant that is subject to sanction under RCW 51.32.110."

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the adoption of the amendment by Senators Newhouse and Pelz on page 3, on line 11, to Senate Bill No. 5613.

      The motion by Senator Newhouse carried and the amendment was adopted.


MOTION


      On motion of Senator Pelz, the rules were suspended, Engrossed Senate Bill No. 5613 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5613.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5613 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, A., Anderson, C., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Winsley, Wojahn and Wood - 48.

      Excused: Senator West - 1.

      ENGROSSED SENATE BILL NO. 5613, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 5614, by Senators Pelz, Franklin, Hargrove, Snyder, Fraser, Bauer, McAuliffe, Smith, Prentice, Heavey and Rinehart

 

Revising provisions relating to compensation during appeal of department of labor and industries industrial insurance orders.


      The bill was read the second time.


MOTION


      On motion of Senator Pelz, the rules were suspended, Senate Bill No. 5614 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5614.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5614 and the bill passed the Senate by the following vote: Yeas, 30; Nays, 19; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, C., Bauer, Drew, Fairley, Franklin, Fraser, Gaspard, Hale, Hargrove, Heavey, Kohl, Long, Loveland, McAuliffe, Owen, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Roach, Sheldon, Smith, Snyder, Spanel, Sutherland, Swecker, Winsley, Wojahn and Wood - 30.

      Voting nay: Senators Anderson, A., Cantu, Deccio, Finkbeiner, Haugen, Hochstatter, Johnson, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Palmer, Prince, Schow, Sellar, Strannigan and West - 19.

      SENATE BILL NO. 5614, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 5615, by Senators Pelz, Franklin, Hargrove, Snyder, Bauer, Fraser, McAuliffe, Smith, Prentice, Heavey and Rinehart

 

Revising provisions relating to compensation during reconsideration of department of labor and industries industrial insurance orders.


      The bill was read the second time.


MOTION


      On motion of Senator Pelz, the rules were suspended, Senate Bill No. 5615 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5615.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5615 and the bill passed the Senate by the following vote:

Yeas, 28; Nays, 21; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, C., Bauer, Drew, Fairley, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Kohl, Long, Loveland, McAuliffe, Owen, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Sutherland, Winsley and Wojahn - 28.

      Voting nay: Senators Anderson, A., Cantu, Deccio, Finkbeiner, Hochstatter, Johnson, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Palmer, Prince, Roach, Schow, Sellar, Strannigan, Swecker, West and Wood - 21.

      SENATE BILL NO. 5615, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 5155, by Senators Hargrove, Owen, Snyder, Hochstatter, A. Anderson and Rasmussen

 

Exempting from the shoreline management act certain projects that have been granted hydraulic permits.


MOTIONS


      On motion of Senator Hargrove, Substitute Senate Bill No. 5155 was substituted for Senate Bill No. 5155 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Fraser, the rules were suspended, Substitute Senate Bill No. 5155 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5155.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5155 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, A., Anderson, C., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 49.

      SUBSTITUTE SENATE BILL NO. 5155, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 6045, by Senators Bauer, Hochstatter, Gaspard, McAuliffe and Winsley

 

Allowing retired administrators to serve as replacement administrators without a reduction of pension benefits.


      The bill was read the second time.


MOTION


      Senator Johnson moved that the following amendments by Senators Johnson, McAuliffe, Gaspard and Hochstatter be considered simultaneously and be adopted:

      On page 1, line 15, after "teacher" insert "or retired administrator"

      On page 2, line 38, strike "the number of days remaining in the current school year" and insert "an additional fifteen days per school year"

      Debate ensued.

      The President Pro Tempore declared the question before the Senate to be the adoption of the amendments by Senators Johnson, McAuliffe, Gaspard and Hochstatter on page 1, line 15, and page 2, line 38, to Senate Bill No. 6045.

      The motion by Senator Johnson carried and the amendments were adopted.


MOTION


      On motion of Senator Bauer, the rules were suspended, Engrossed Senate Bill No. 6045 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


MOTION


      On motion of Senator Loveland, Senator Rinehart was excused.

      The President Pro Tempore declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 6045.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 6045 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, A., Anderson, C., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 48.

      Excused: Senator Rinehart - 1.

      ENGROSSED SENATE BILL NO. 6045, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


      President Pritchard assumed the Chair.


SECOND READING


      SENATE BILL NO. 5880, by Senators Haugen, Spanel and Winsley

 

Authorizing retirement to care for a disabled spouse.


MOTIONS


      On motion of Senator Haugen, Substitute Senate Bill No. 5880 was substituted for Senate Bill No. 5880 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Spanel, the following amendment by Senators Spanel, Haugen and Rinehart was adopted:

      On page 1, line 5, strike "five" and insert "twenty"


MOTION


      On motion of Senator Haugen, the rules were suspended, Engrossed Substitute Senate Bill No. 5880 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5880.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5880 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 1; Excused, 0.

      Voting yea: Senators Anderson, A., Anderson, C., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley and Wood - 48.

      Absent: Senator Wojahn - 1.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5880, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 5397, by Senators Franklin and Pelz (by request of Department of Labor and Industries)

 

Revising provisions regulating asbestos certification.


      The bill was read the second time.


MOTION


      Senator Pelz moved that the following Committee on Labor, Commerce and Trade amendments not be adopted:

      On page 7, line 31, after "(3)" insert "The department shall not require notification or prenotification of any asbestos or asbestos abatement project at a threshold different from that which is required by the federal environmental protection agency as of February 1, 1995.

      (4)"

      On page 8, beginning on line 3, after "((forty-eight" strike all material through "feet" on line 6, and insert "square feet of surface area, or less than ten linear feet of pipe unless the surface area of the pipe is greater than forty-eight square feet)) one hundred sixty square feet of asbestos containing material on components, or less than two hundred sixty linear feet of asbestos containing material on pipes, or removal of less than thirty-five cubic feet of asbestos containing material off facility components where the length or area could not be measured previously, as defined by 40 C.F.R. 61.145 as of February 1, 1995"

      On page 9, line 5, after "((forty-eight" strike ")) three square feet" and insert "square feet)) the federal threshold established under 40 C.F.R. 61.145 as of February 1, 1995"

      The President declared the question before the Senate to be the motion by Senator Pelz that the Committee on Labor, Commerce and Trade amendments on pages 7, 8, and 9, to Senate Bill No. 5397 not be adopted.

      The motion by Senator Pelz carried and the committee amendments were not adopted.


MOTION


      Senator Heavey moved that the following amendment by Senators Heavey, Deccio, Franklin, Hale and Pelz be adopted:

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 49.26.013 and 1989 c 154 s 2 are each amended to read as follows:

      (1) Any owner or owner's agent who allows or authorizes any construction, renovation, remodeling, maintenance, repair, or demolition project which has a reasonable possibility, as defined by the department, of disturbing or releasing asbestos into the air, shall perform or cause to be performed, using practices approved by the department, a good faith inspection to determine whether the proposed project will disturb or release any material containing asbestos into the air.

      Such inspections shall be conducted by persons meeting the accreditation requirements of the federal toxics substances control act, section 206(a) (1) and (3) (15 U.S.C. 2646(a) (1) and (3)).

      An inspection under this section is not required if the owner or owner's agent is reasonably certain that asbestos will not be disturbed or assumes that asbestos will be disturbed by a project which involves construction, renovation, remodeling, maintenance, repair, or demolition and takes the maximum precautions as specified by all applicable federal and state requirements.

      (2) Except as provided in RCW 49.26.125, the owner or owner's agent shall prepare and maintain a written report describing each inspection, or a statement of assumption of the presence or reasonable certainty of the absence of asbestos, and shall ((make)) provide a copy of the written report or statement ((available)) to all contractors before they apply or bid on work. In addition, upon written or oral request, the owner or owner's agent shall make a copy of the written report available to: (1) The department of labor and industries; (2) contractors; and (3) the collective bargaining representatives or employee representatives, if any, of employees who may be exposed to any asbestos or material containing asbestos. A copy shall be posted as prescribed by the department in a place that is easily accessible to such employees.

      Sec. 2. RCW 49.26.016 and 1989 c 154 s 3 are each amended to read as follows:

      (1) Any owner or owner's agent who allows the start of any construction, renovation, remodeling, maintenance, repair, or demolition without first (a) conducting the inspection and preparing and maintaining the report of the inspection, or preparing and maintaining a statement of assumption of the presence or reasonable certainty of the absence of asbestos, as required under RCW 49.26.013; and (b) preparing and maintaining the additional written description of the project as required under RCW 49.26.120 shall be subject to a mandatory fine of not less than two hundred fifty dollars for each violation. Each day the violation continues shall be considered a separate violation. In addition, any construction, renovation, remodeling, maintenance, repair, or demolition which was started without meeting the requirements of RCW 49.26.013 and 49.26.120 shall be halted immediately and cannot be resumed before meeting such requirements.

      (2) ((It is the responsibility of any contractor registered under chapter 18.27 RCW to request a copy of the written report or statement required under RCW 49.26.013 from the owner or the owner's agent.)) No contractor may commence any construction, renovation, remodeling, maintenance, repair or demolition project without receiving the copy of the written report or statement from the owner or the owner's agent. Any contractor who begins any project without the copy of the written report or statement shall be subject to a mandatory fine of not less than two hundred and fifty dollars per day. Each day the violation continues shall be considered a separate violation.

      (3) ((Any partnership, firm, corporation or sole proprietorship that begins any construction, renovation, remodeling, maintenance, repair, or demolition without meeting the requirements of RCW 49.26.013 and the notification requirement under RCW 49.26.120 shall lose the exemptions provided in RCW 49.26.110 and 49.26.120 for a period of not less than six months.

      (4))) The certificate of any asbestos contractor who knowingly violates any provision of this chapter or any rule adopted under this chapter shall be revoked for a period of not less than six months.

      (((5))) (4) The penalties imposed in this section are in addition to any penalties under RCW 49.26.140.

      Sec. 3. RCW 49.26.100 and 1989 c 154 s 4 are each amended to read as follows:

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

      (1) "Asbestos abatement project" means an asbestos project involving three square feet or three linear feet, or more, of asbestos-containing material.

      (2) "Asbestos project" means the construction, demolition, repair, maintenance, remodeling, or renovation of any public or private building or mechanical piping equipment or systems involving the demolition, removal, encapsulation, salvage, or disposal of material, or outdoor activity, releasing or likely to release asbestos fibers into the air.

      (((2))) (3) "Department" means the department of labor and industries.

      (((3))) (4) "Director" means the director of the department of labor and industries or the director's designee.

      (((4))) (5) "Person" means any individual, partnership, firm, association, corporation, sole proprietorship, or the state of Washington or its political subdivisions.

      (((5))) (6) "Certified asbestos supervisor" means an individual who is certified by the department to supervise an asbestos project. A certified asbestos supervisor is not required for projects involving less than three square feet or three linear feet of asbestos-containing material.

      (((6))) (7) "Certified asbestos worker" means an individual who is certified by the department to work on an asbestos project.

      (((7))) (8) "Certified asbestos contractor" means any partnership, firm, association, corporation or sole proprietorship registered under chapter 18.27 RCW that submits a bid or contracts to remove or encapsulate asbestos for another and is certified by the department to remove or encapsulate asbestos.

      (((8))) (9) "Owner" means the owner of any public or private building, structure, facility or mechanical system, or the agent of such owner, but does not include individuals who work on asbestos projects on their own single-family residences no part of which is used for any commercial purpose.

      Sec. 4. RCW 49.26.110 and 1989 c 154 s 5 are each amended to read as follows:

      (1) No employee or other individual is eligible to do work governed by this chapter unless issued a certificate by the department ((except, in the case of an asbestos project undertaken by any partnership, firm, corporation or sole proprietorship which has not lost this exemption under RCW 49.26.016(3), and conducted in its own facility and by its own employees. In cases excepted under this section:

      (a) Direct, on-site supervision by a certified asbestos supervisor shall be required for asbestos projects performed at one project location by workers who are not certified.

      (b) If a project is conducted using only certified workers or if a certified worker functions as a foreman or lead person, supervision can be performed in the regular course of a supervisor's duties and need not be direct and on-site.

      (c) The partnership, firm, corporation or sole proprietorship shall submit a written description to the department of the kinds of asbestos projects expected to be undertaken and the procedures to be used in undertaking asbestos projects, which description shall demonstrate competence in performing the work in compliance with the requirements of this chapter, rules adopted under this chapter, and any other requirements of law for the safe demolition, removal, encapsulation, salvage, and disposal of asbestos)).

      (2) To qualify for a certificate:

      (a) Certified asbestos workers ((and supervisors)) must have successfully completed a four-day training course ((of at least thirty hours,)). Certified asbestos supervisors must have completed a five-day training course. Training courses shall be provided or approved by the department((, on the)); shall cover such topics as the health and safety aspects of the removal and encapsulation of asbestos, including but not limited to the federal and state standards regarding protective clothing, respirator use, disposal, air monitoring, cleaning, and decontamination((,)); and shall meet such additional qualifications as may be established by the department by rule for the type of certification sought; and

      (b) All applicants for certification as asbestos workers or supervisors must pass an examination in the type of certification sought which shall be provided or approved by the department.

      These requirements are intended to represent the minimum requirements for certification and shall not preclude contractors or employers from providing additional education or training. The department may require the successful completion of annual refresher courses provided or approved by the department for continued certification as an asbestos worker or supervisor.

      (3) The department shall provide for the reciprocal certification of any individual trained to engage in asbestos projects in another state when the prior training is shown to be substantially similar to the training required by the department. Nothing shall prevent the department from requiring such individuals to take an examination or refresher course before certification.

      (4) The department may deny, suspend, or revoke a certificate, as provided under RCW 49.26.140, for failure of the holder to comply with any requirement of this chapter or chapter 49.17 RCW, or any rule adopted under those chapters, or applicable health and safety standards and regulations. In addition to any penalty imposed under RCW 49.26.016, the department may suspend or revoke any certificate issued under this chapter for a period of not less than six months upon the following grounds:

      (a) The certificate was obtained through error or fraud; or

      (b) The holder thereof is judged to be incompetent to carry out the work for which the certificate was issued.

      Before any certificate may be denied, suspended, or revoked, the holder thereof shall be given written notice of the department's intention to do so, mailed by registered mail, return receipt requested, to the holder's last known address. The notice shall enumerate the allegations against such holder, and shall give him or her the opportunity to request a hearing before the department. At such hearing, the department and the holder shall have opportunity to produce witnesses and give testimony.

      (5) A denial, suspension, or revocation order may be appealed to the board of industrial insurance appeals within fifteen working days after the denial, suspension, or revocation order is entered. The notice of appeal may be filed with the department or the board of industrial insurance appeals. The board of industrial insurance appeals shall hold the hearing in accordance with procedures established in RCW 49.17.140. Any party aggrieved by an order of the board of industrial insurance appeals may obtain superior court review in the manner provided in RCW 49.17.150.

      (6) Each person certified under this chapter shall display, upon the request of an authorized representative of the department, valid identification issued by the department.

      Sec. 5. RCW 49.26.115 and 1989 c 154 s 6 are each amended to read as follows:

      Before working on an asbestos abatement project, a contractor shall obtain an asbestos contractor's certificate from the department and shall have in its employ at least one certified asbestos supervisor who is responsible for supervising all asbestos abatement projects undertaken by the contractor and for assuring compliance with all state laws and regulations regarding asbestos. The contractor shall apply for certification renewal every year. The department shall ensure that the expiration of the contractor's registration and the expiration of his or her asbestos contractor's certificate coincide.

      Sec. 6. RCW 49.26.120 and 1989 c 154 s 7 are each amended to read as follows:

      (1) No person may assign any employee, contract with, or permit any individual or person to remove or encapsulate asbestos in any facility unless performed by a certified asbestos worker and under the direct, on-site supervision of a certified asbestos supervisor ((except, in the case of an asbestos project undertaken by any partnership, firm, corporation or sole proprietorship which has not lost this exemption under RCW 49.26.016(3), and conducted in its own facility and by its own employees. In cases excepted under this section:

      (a) Direct, on-site supervision by a certified asbestos supervisor shall be required for asbestos projects performed at one project location by workers who are not certified.

      (b) If a project is conducted using only certified workers or if a certified worker functions as a foreman or lead person, supervision can be performed in the regular course of a supervisor's duties and need not be direct and on-site.

      (c) The partnership, firm, corporation or sole proprietorship shall submit a written description to the department of the kinds of asbestos projects expected to be undertaken and the procedures to be used in undertaking asbestos projects, which description shall demonstrate competence in performing the work in compliance with the requirements of this chapter, rules adopted under this chapter, and any other requirements of law for the safe demolition, removal, encapsulation, salvage, and disposal of asbestos)). In cases in which an employer conducts an asbestos abatement project in its own facility and by its own employees, supervision can be performed in the regular course of a certified asbestos supervisor's duties. Asbestos workers must have access to certified asbestos supervisors throughout the duration of the project.

      (2) The department shall require persons undertaking asbestos projects to provide written notice to the department before the commencement of the project except as provided in RCW 49.26.125. The notice shall include a written description containing such information as the department requires by rule. The department may by rule allow a person to report multiple projects at one site in one report. The department shall by rule establish the procedure and criteria by which a person will be considered to have attempted to meet the prenotification requirement.

      (3) The department shall consult with the state fire protection policy board, and may establish any additional policies and procedures for municipal fire department and fire district personnel who clean up sites after fires which have rendered it likely that asbestos has been or will be disturbed or released into the air."


POINT OF INQUIRY


      Senator Deccio: "Senator Heavey, it is my understanding now that we are at forty-eight feet, not three feet, not two hundred and sixty feet. Is that correct?"

      Senator Heavey: "Yes, it is at forty-eight feet and it is not at two hundred and sixty feet."


POINT OF INQUIRY


      Senator Morton: "Senator Heavey, I was going to challenge that last comment based on the amendment on page 3, lines 7, 8, and 9, which says, 'three square feet.' "

      Senator Heavey: "The asbestos is measured in lineal feet, squares and cubes. Three square feet is obviously a lot bigger than a certain number of lineal feet, so yes, it still is three square feet, but the forty-eight feet is the lineal feet."

      Senator Morton: "Thank you for the clarification, Senator Heavey."

      Further debate ensued.

      The President declared the question before the Senate to be the adoption of the striking amendment by Senators Heavey, Deccio, Franklin, Hale and Pelz to Senate Bill No. 5397.

      The motion by Senator Heavey carried and the striking amendment was adopted on a rising vote.


MOTIONS


      On motion of Senator Pelz, the following title amendment was adopted:

      On page 1, line 1 of the title, after "certification;" strike the remainder of the title and insert "and amending RCW 49.26.013, 49.26.016, 49.26.100, 49.26.110, 49.26.115, and 49.26.120."

      On motion of Senator Pelz, the rules were suspended, Engrossed Senate Bill No. 5397 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5397.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5397 and the bill passed the Senate by the following vote: Yeas, 30; Nays, 19; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, C., Bauer, Drew, Fairley, Franklin, Fraser, Gaspard, Hargrove, Haugen, Heavey, Kohl, Long, Loveland, McAuliffe, Moyer, Newhouse, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Sutherland, Winsley and Wojahn - 30.

      Voting nay: Senators Anderson, A., Cantu, Deccio, Finkbeiner, Hale, Hochstatter, Johnson, McCaslin, McDonald, Morton, Oke, Palmer, Roach, Schow, Sellar, Strannigan, Swecker, West and Wood - 19.

      ENGROSSED SENATE BILL NO. 5397, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 5576, by Senator Drew (by request of Governor Lowry)

 

Making changes to the campaign practices law.


MOTIONS


      On motion of Senator Smith, Second Substitute Senate Bill No. 5576 was substituted for Senate Bill No. 5576 and the second substitute bill was placed on second reading and read the second time.

      Senator Drew moved that the following amendments by Senators Drew and Smith be considered simultaneously and be adopted:

      On page 10, beginning on line 19, after "preceding the" strike all material through "in" on line 20, and insert "((expiration of a state legislator's term in)) last day for certification of the election results for a state legislator's election to"

      On page 10, beginning on line 27, after "permitted." strike all material through "office." on line 30

      On page 10, after line 35, insert the following:

      "Sec. 19. RCW 42.17.160 and 1982 c 147 s 12 are each amended to read as follows:

      REGISTRATION AND REPORTING. The following persons and activities shall be exempt from registration and reporting under RCW 42.17.150, 42.17.170, and 42.17.200:

      (1) Persons who limit their lobbying activities to appearing before public sessions of committees of the legislature, or public hearings of state agencies;

      (2) Activities by lobbyists or other persons whose participation has been solicited by an agency under RCW 34.05.310(2);

      (3) News or feature reporting activities and editorial comment by working members of the press, radio, or television and the publication or dissemination thereof by a newspaper, book publisher, regularly published periodical, radio station, or television station;

      (((3))) (4) Persons who lobby without compensation or other consideration for acting as a lobbyist: PROVIDED, Such person makes no expenditure for or on behalf of any member of the legislature or elected official or public officer or employee of the state of Washington in connection with such lobbying. The exemption contained in this subsection is intended to permit and encourage citizens of this state to lobby any legislator, public official, or state agency without incurring any registration or reporting obligation provided they do not exceed the limits stated above. Any person exempt under this subsection (((3))) (4) may at his or her option register and report under this chapter;

      (((4))) (5) Persons who restrict their lobbying activities to no more than four days or parts thereof during any three-month period and whose total expenditures during such three-month period for or on behalf of any one or more members of the legislature or state elected officials or public officers or employees of the state of Washington in connection with such lobbying do not exceed twenty-five (([dollars])) dollars: PROVIDED, That the commission shall promulgate regulations to require disclosure by persons exempt under this subsection or their employers or entities which sponsor or coordinate the lobbying activities of such persons if it determines that such regulations are necessary to prevent frustration of the purposes of this chapter. Any person exempt under this subsection (((4))) (5) may at his or her option register and report under this chapter;

      (((5))) (6) The governor;

      (((6))) (7) The lieutenant governor;

      (((7))) (8) Except as provided by RCW 42.17.190(1), members of the legislature;

      (((8))) (9) Except as provided by RCW 42.17.190(1), persons employed by the legislature for the purpose of aiding in the preparation or enactment of legislation or the performance of legislative duties;

      (((9))) (10) Elected officials, and officers and employees of any agency reporting under RCW 42.17.190(4) as now or hereafter amended.

      Sec. 20. RCW 42.17.170 and 1991 sp.s. c 18 s 2 are each amended to read as follows:

      MONTHLY PERIODIC REPORT. (1) Any lobbyist registered under RCW 42.17.150 and any person who lobbies shall file with the commission periodic reports of his or her activities signed by the lobbyist. The reports shall be made in the form and manner prescribed by the commission. They shall be due monthly and shall be filed within fifteen days after the last day of the calendar month covered by the report.

      (2) Each such monthly periodic report shall contain:

      (a) The totals of all expenditures for lobbying activities made or incurred by such lobbyist or on behalf of such lobbyist by the lobbyist's employer during the period covered by the report. Such totals for lobbying activities shall be segregated according to financial category, including compensation; food and refreshments; living accommodations; advertising; travel; contributions; and other expenses or services. Each individual expenditure of more than twenty-five dollars for entertainment shall be identified by date, place, amount, and the names of all persons in the group partaking in or of such entertainment including any portion thereof attributable to the lobbyist's participation therein, ((without)) and shall include amounts actually expended on each person where calculable, or allocating any portion of ((such)) the expenditure to individual participants. ((However, if the expenditure for a single hosted reception is more than one hundred dollars per person partaking therein, the report shall specify the per person amount, which shall be determined by dividing the total amount of the expenditure by the total number of persons partaking in the reception.))

      Notwithstanding the foregoing, lobbyists are not required to report the following:

      (i) Unreimbursed personal living and travel expenses not incurred directly for lobbying;

      (ii) Any expenses incurred for his or her own living accommodations;

      (iii) Any expenses incurred for his or her own travel to and from hearings of the legislature;

      (iv) Any expenses incurred for telephone, and any office expenses, including rent and salaries and wages paid for staff and secretarial assistance.

      (b) In the case of a lobbyist employed by more than one employer, the proportionate amount of such expenditures in each category incurred on behalf of each of his employers.

      (c) An itemized listing of each such expenditure, whether contributed by the lobbyist personally or delivered or transmitted by the lobbyist, in the nature of a contribution of money or of tangible or intangible personal property to any candidate, elected official, or officer or employee of any agency, or any political committee supporting or opposing any ballot proposition, or for or on behalf of any candidate, elected official, or officer or employee of any agency, or any political committee supporting or opposing any ballot proposition. All contributions made to, or for the benefit of, any candidate, elected official, or officer or employee of any agency, or any political committee supporting or opposing any ballot proposition shall be identified by date, amount, and the name of the candidate, elected official, or officer or employee of any agency, or any political committee supporting or opposing any ballot proposition receiving, or to be benefited by each such contribution.

      (d) The subject matter of proposed legislation or other legislative activity or rule-making under chapter 34.05 RCW, the state Administrative Procedure Act, and the state agency considering the same, which the lobbyist has been engaged in supporting or opposing during the reporting period, unless exempt under RCW 42.17.160(2).

      (e) Such other information relevant to lobbying activities as the commission shall by rule prescribe. Information supporting such activities as are required to be reported is subject to audit by the commission.

      (f) ((A listing of each gift, as defined in RCW 42.17.020, made to a state elected official or executive state officer or to a member of the immediate family of such an official or officer. Such a gift shall be separately identified by the date it was given, the approximate value of the gift, and the name of the recipient. However, for a hosted reception where the average per person amount is reported under (a) of this subsection, the approximate value for the gift of partaking in the event is such average per person amount. The commission shall adopt forms to be used for reporting the giving of gifts under this subsection (2)(f). The forms shall be designed to permit a lobbyist to report on a separate form for each recipient the reportable gifts given to that recipient during the reporting period or, alternatively, to report on one form all reportable gifts given by the lobbyist during the reporting period)) A listing of each payment for an item specified in RCW 42.52.150(5) in excess of fifty dollars made to a state elected official, state officer, or state employee. Each item shall be identified by recipient, date, and approximate value of the item.

      (g) The total expenditures made during the reporting period by the lobbyist for lobbying purposes, whether through or on behalf of a lobbyist or otherwise. As used in this subsection, "expenditures" includes amounts paid or incurred during the reporting period for (i) political advertising as defined in RCW 42.17.020; and (ii) public relations, telemarketing, polling, or similar activities if such activities, directly or indirectly, are intended, designed, or calculated to influence legislation or the adoption or rejection of a rule, standard, or rate by an agency under the administrative procedure act. The report shall specify the amount, the person to whom the amount was paid, and a brief description of the activity.

      (3) If a state elected official or a member of such an official's immediate family is identified by a lobbyist in such a report as having received from the lobbyist ((a gift, as defined in RCW 42.17.020)) an item specified in RCW 42.52.150(5), the lobbyist shall transmit to the official a copy of the completed form used to identify the ((gift)) item in the report at the same time the report is filed with the commission.

      (4) The commission may adopt rules to vary the content of lobbyist reports to address specific circumstances, consistent with this section."

      Renumber the remaining sections consecutively.

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendments by Senators Drew and Smith on page 10, beginning on line 19; page 10, beginning on line 27; and page 10, after line 35, to Second Substitute Senate Bill No. 5576.

      The motion by Senator Drew carried and the amendments were adopted.


MOTION


      Senator West moved that the following amendment be adopted:

      On page 2, after line 30, strike all of section 2.

      Debate ensued.

      Senator Roach demanded a roll call and the demand was sustained.

      The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senator West on page 2, after line 30, to Second Substitute Senate Bill No. 5576,


ROLL CALL


      The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 24; Nays, 25; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, A., Cantu, Deccio, Finkbeiner, Hale, Hochstatter, Johnson, Long, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Palmer, Prince, Roach, Schow, Sellar, Strannigan, Swecker, West, Winsley and Wood - 24.

      Voting nay: Senators Anderson, C., Bauer, Drew, Fairley, Franklin, Fraser, Gaspard, Hargrove, Haugen, Heavey, Kohl, Loveland, McAuliffe, Owen, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Sutherland and Wojahn - 25.


MOTION


      Senator Haugen moved that the following amendment by Senator Haugen and Winsley be adopted:

      On page 4, at the beginning of line 20, strike all material through "June" and insert "second Monday in July"

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senators Haugen and Winsley on page 4, at the beginning of line 20, to Second Substitute Senate Bill No. 5576.

      The motion by Senator Haugen carried and the amendment was adopted.


MOTIONS


      On motion of Senator Haugen, the following amendment by Senators Haugen and Winsley was adopted:

      On page 8, beginning on line 6, strike all of section 14 and insert the following:

      "Sec. 14. RCW 29.81A.010 and 1984 c 106 s 3 are each amended to read as follows:

      At least ninety days before any primary or general election, or at least ((forty)) forty-five days before any special election held under RCW 29.13.010 or 29.13.020, the legislative authority of any county or first-class or code city may adopt an ordinance authorizing the publication, in printed or electronic format or both, and distribution of a local voters' pamphlet. The pamphlet shall provide information on all measures ((within)) that will be on the ballot in that jurisdiction and may, if specified in the ordinance, include information on candidates ((within)) whose names will be on the ballot in that jurisdiction. If both a county and a first-class or code city within that county authorize a local voters' pamphlet for the same election, the pamphlet shall be produced jointly by the county and the first-class or code city. If no agreement can be reached between the county and first-class or code city, the county and first-class or code city may each produce a pamphlet. Any ordinance adopted authorizing a local voters' pamphlet may be for a specific primary, special election, or



general election or for any future primaries or elections. The format of any local voters' pamphlet shall, whenever applicable, comply with the provisions of chapters 29.80 and 29.81 RCW regarding the publication of the state candidates' and voters' pamphlets.

      Sec. 15. RCW 29.81A.020 and 1994 c 191 s 1 are each amended to read as follows:

      (1) Not later than ((ninety days)) May 1st for a primary or general election or ninety days before a special election not scheduled at the same time as a primary or general election, before the publication and distribution of a local voters' pamphlet by a county, the county auditor shall notify each city, town, or special taxing district located ((wholly)) within that county that a pamphlet will be produced.         (2) If a voters' pamphlet is published by the county for a primary or general election, the pamphlet shall be published for the elective offices and ballot measures of the county and for the elective offices and ballot measures of each unit of local government located ((entirely)) within the county which will appear on the ballot at that primary or election. However, the offices and measures of a first class or code city shall not be included in the pamphlet if the city publishes and distributes its own voters' pamphlet for the primary or election for its offices and measures. The offices and measures of any other town or city are not required to appear in the county's pamphlet if the town or city is obligated by ordinance or charter to publish and distribute a voters' pamphlet for the primary or election for its offices and measures and it does so.

      If the required appearance in a county's voters' pamphlet of the offices or measures of a unit of local government would create ((undo [undue])) undue financial hardship for the unit of government, the legislative authority of the unit may petition the legislative authority of the county to waive this requirement. The legislative authority of the county may provide such a waiver if it does so not later than ((sixty days before the publication of the pamphlet and)) June 15th for a primary or general election or sixty days before a special election not occurring at the same time as a primary or general election where a pamphlet will be published if it finds that the requirement would create such hardship.

      (3) If a city, town, or district is located within more than one county, the respective county auditors may enter into an interlocal agreement to permit the distribution of each county's local voters' pamphlet into those parts of the city, town, or district located outside of that county.

      (4) If a first-class or code city authorizes the production and distribution of a local voters' pamphlet, the city clerk of that city shall notify any special taxing district located ((wholly)) within that city that a pamphlet will be produced. Notification shall be provided in the manner required or provided for in subsection (1) of this section.

      (5) A unit of local government located within a county and the county may enter into an interlocal agreement for the publication of a voters' pamphlet for offices or measures not required by subsection (2) of this section to appear in a county's pamphlet.

      Sec. 16. RCW 29.81A.040 and 1984 c 106 s 6 are each amended to read as follows:

      The local voters' pamphlet shall include but not be limited to the following:

      (1) Appearing on the cover, the words "official local voters' pamphlet," the name of the jurisdiction producing the pamphlet, the jurisdictions that have measures or candidates in the pamphlet, and the date of the election or primary;

      (2) Information on how a person may register to vote and obtain an absentee ballot;

      (3) The ((text)) ballot title of each measure accompanied by an explanatory statement prepared by the prosecuting attorney for any county measure or by the attorney for the jurisdiction submitting the measure if other than a county measure. The explanatory statement shall not intentionally be an argument likely to create prejudice either for, or against, the measure. All explanatory statements for city, town, or district measures ((not approved by the attorney for the jurisdiction submitting the measure)) shall be reviewed and approved by the county prosecuting attorney ((or city attorney, when applicable,)) before inclusion in the pamphlet. The full text of the measure may be either included in the pamphlet or made available upon request at the discretion of the jurisdiction publishing the pamphlet;

      (4) The arguments for and against each measure submitted by committees selected pursuant to RCW 29.81A.080.

      Sec. 17. RCW 29.81A.080 and 1994 c 191 s 2 are each amended to read as follows:

      For each measure from a unit of local government that is included in a local voters' pamphlet, the legislative authority of that jurisdiction shall, not later than forty-five days before the publication of the pamphlet, formally appoint a committee to prepare arguments advocating voters' approval of the measure and shall formally appoint a committee to prepare arguments advocating voters' rejection of the measure. The authority shall appoint persons known to favor the measure to serve on the committee advocating approval and shall, whenever possible, appoint persons known to oppose the measure to serve on the committee advocating rejection. Each committee shall have not more than three members, however, a committee may seek the advice of any person or persons. If the legislative authority of a unit of local government fails to make such appointments by the prescribed deadline, the county auditor shall whenever possible make the appointments. The county auditor shall notify press, radio, and television in the county of the need to make such appointments."

      Renumber the remaining sections consecutively and correct any internal references accordingly.

      On motion of Senator Smith, the following title amendments were considered simultaneously and were adopted:

      On page 1, line 3 of the title, after "29.81A.010," insert "29.81A.020, 29.81A.040, 29.81A.080,"

      On page 1, line 4 of the title, after "29.80.090," strike "and 42.17.132" and insert "42.17.132, 42.17.160, and 42.17.170"


MOTION


      On motion of Senator Smith, the rules were suspended, Engrossed Second Substitute Senate Bill No. 5576 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute Senate Bill No. 5576.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5576 and the bill passed the Senate by the following vote: Yeas, 32; Nays, 17; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, A., Anderson, C., Bauer, Cantu, Drew, Fairley, Franklin, Fraser, Gaspard, Hargrove, Haugen, Heavey, Kohl, Loveland, McAuliffe, McCaslin, Oke, Owen, Palmer, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Sheldon, Smith, Snyder, Spanel, Sutherland, Swecker, Winsley and Wojahn - 32.

      Voting nay: Senators Deccio, Finkbeiner, Hale, Hochstatter, Johnson, Long, McDonald, Morton, Moyer, Newhouse, Prince, Roach, Schow, Sellar, Strannigan, West and Wood - 17.

      ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5576, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.





SECOND READING


      SENATE BILL NO. 5684, by Senators Smith, Winsley, Gaspard, Oke, Wood and Hale (by request of Public Disclosure Commission)

 

Consolidating and revising public disclosure laws.


MOTIONS


      On motion of Senator Smith, Substitute Senate Bill No. 5684 was substituted for Senate Bill No. 5684 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Drew, the following amendments by Senators Drew and Smith were considered simultaneously and were adopted:

      On page 17, after line 39, insert the following:

      "Sec. 5. RCW 42.17.132 and 1993 c 2 s 25 are each amended to read as follows:

      During the twelve-month period preceding the ((expiration of a state legislator's term in)) last day for certification of the election results for a state legislator's election to office, no incumbent to that office may mail to a constituent at public expense a letter, newsletter, brochure, or other piece of literature that is not in direct response to that constituent's request for a response or for information. However, one mailing mailed within thirty days after the start of a regular legislative session and one mailing mailed within sixty days after the end of a regular legislative session of identical newsletters to constituents are permitted. A violation of this section constitutes use of the facilities of a public office for the purpose of assisting a campaign under RCW ((42.17.130)) 42.52.180.

      The house of representatives and senate shall specifically limit expenditures per member for the total cost of mailings, including but not limited to production costs, printing costs, and postage."

      Renumber remaining sections consecutively and correct internal references.

      On page 44, after line 12, insert the following:

      "Sec. 27. RCW 42.17.160 and 1982 c 147 s 12 are each amended to read as follows:

      The following persons and activities shall be exempt from registration and reporting under RCW 42.17.150, 42.17.170, and 42.17.200:

      (1) Persons who limit their lobbying activities to appearing before public sessions of committees of the legislature, or public hearings of state agencies;

      (2) Activities by lobbyists or other persons whose participation has been solicited by an agency under RCW 34.05.310(2);

      (3) News or feature reporting activities and editorial comment by working members of the press, radio, or television and the publication or dissemination thereof by a newspaper, book publisher, regularly published periodical, radio station, or television station;

      (((3))) (4) Persons who lobby without compensation or other consideration for acting as a lobbyist: PROVIDED, Such person makes no expenditure for or on behalf of any member of the legislature or elected official or public officer or employee of the state of Washington in connection with such lobbying. The exemption contained in this subsection is intended to permit and encourage citizens of this state to lobby any legislator, public official, or state agency without incurring any registration or reporting obligation provided they do not exceed the limits stated above. Any person exempt under this subsection (((3))) (4) may at his or her option register and report under this chapter;

      (((4))) (5) Persons who restrict their lobbying activities to no more than four days or parts thereof during any three-month period and whose total expenditures during such three-month period for or on behalf of any one or more members of the legislature or state elected officials or public officers or employees of the state of Washington in connection with such lobbying do not exceed twenty-five (([dollars])) dollars: PROVIDED, That the commission shall promulgate regulations to require disclosure by persons exempt under this subsection or their employers or entities which sponsor or coordinate the lobbying activities of such persons if it determines that such regulations are necessary to prevent frustration of the purposes of this chapter. Any person exempt under this subsection (((4))) (5) may at his or her option register and report under this chapter;

      (((5))) (6) The governor;

      (((6))) (7) The lieutenant governor;

      (((7))) (8) Except as provided by RCW 42.17.190(1), members of the legislature;

      (((8))) (9) Except as provided by RCW 42.17.190(1), persons employed by the legislature for the purpose of aiding in the preparation or enactment of legislation or the performance of legislative duties;

      (((9))) (10) Elected officials, and officers and employees of any agency reporting under RCW 42.17.190(4) as now or hereafter amended.

      Sec. 28. RCW 42.17.170 and 1991 sp.s. c 18 s 2 are each amended to read as follows:

      (1) Any lobbyist registered under RCW 42.17.150 and any person who lobbies shall file with the commission periodic reports of his or her activities signed by the lobbyist. The reports shall be made in the form and manner prescribed by the commission. They shall be due monthly and shall be filed within fifteen days after the last day of the calendar month covered by the report.

      (2) Each such monthly periodic report shall contain:

      (a) The totals of all expenditures for lobbying activities made or incurred by such lobbyist or on behalf of such lobbyist by the lobbyist's employer during the period covered by the report. Such totals for lobbying activities shall be segregated according to financial category, including compensation; food and refreshments; living accommodations; advertising; travel; contributions; and other expenses or services. Each individual expenditure of more than twenty-five dollars for entertainment shall be identified by date, place, amount, and the names of all persons in the group partaking in or of such entertainment including any portion thereof attributable to the lobbyist's participation therein, ((without)) and shall include amounts actually expended on each person where calculable, or allocating any portion of ((such)) the expenditure to individual participants. ((However, if the expenditure for a single hosted reception is more than one hundred dollars per person partaking therein, the report shall specify the per person amount, which shall be determined by dividing the total amount of the expenditure by the total number of persons partaking in the reception.))

      Notwithstanding the foregoing, lobbyists are not required to report the following:

      (i) Unreimbursed personal living and travel expenses not incurred directly for lobbying;

      (ii) Any expenses incurred for his or her own living accommodations;

      (iii) Any expenses incurred for his or her own travel to and from hearings of the legislature;

      (iv) Any expenses incurred for telephone, and any office expenses, including rent and salaries and wages paid for staff and secretarial assistance.

      (b) In the case of a lobbyist employed by more than one employer, the proportionate amount of such expenditures in each category incurred on behalf of each of his employers.

      (c) An itemized listing of each such expenditure, whether contributed by the lobbyist personally or delivered or transmitted by the lobbyist, in the nature of a contribution of money or of tangible or intangible personal property to any candidate, elected official, or officer or employee of any agency, or any political committee supporting or opposing any ballot proposition, or for or on behalf of any candidate, elected official, or officer or employee of any agency, or any political committee supporting or opposing any ballot proposition. All contributions made to, or for the benefit of, any candidate, elected official, or officer or employee of any agency, or any political committee supporting or opposing any ballot proposition shall be identified by date, amount, and the name of the candidate, elected official, or officer or employee of any agency, or any political committee supporting or opposing any ballot proposition receiving, or to be benefited by each such contribution.

      (d) The subject matter of proposed legislation or other legislative activity or rule-making under chapter 34.05 RCW, the state Administrative Procedure Act, and the state agency considering the same, which the lobbyist has been engaged in supporting or opposing during the reporting period, unless exempt under RCW 42.17.160(2).

      (e) Such other information relevant to lobbying activities as the commission shall by rule prescribe. Information supporting such activities as are required to be reported is subject to audit by the commission.

      (f) ((A listing of each gift, as defined in RCW 42.17.020, made to a state elected official or executive state officer or to a member of the immediate family of such an official or officer. Such a gift shall be separately identified by the date it was given, the approximate value of the gift, and the name of the recipient. However, for a hosted reception where the average per person amount is reported under (a) of this subsection, the approximate value for the gift of partaking in the event is such average per person amount. The commission shall adopt forms to be used for reporting the giving of gifts under this subsection (2)(f). The forms shall be designed to permit a lobbyist to report on a separate form for each recipient the reportable gifts given to that recipient during the reporting period or, alternatively, to report on one form all reportable gifts given by the lobbyist during the reporting period)) A listing of each payment for an item specified in RCW 42.52.150(5) in excess of fifty dollars made to a state elected official, state officer, or state employee. Each item shall be identified by recipient, date, and approximate value of the item.

      (g) The total expenditures made during the reporting period by the lobbyist for lobbying purposes, whether through or on behalf of a lobbyist or otherwise. As used in this subsection, "expenditures" includes amounts paid or incurred during the reporting period for (i) political advertising as defined in RCW 42.17.020; and (ii) public relations, telemarketing, polling, or similar activities if such activities, directly or indirectly, are intended, designed, or calculated to influence legislation or the adoption or rejection of a rule, standard, or rate by an agency under the administrative procedure act. The report shall specify the amount, the person to whom the amount was paid, and a brief description of the activity.

      (3) If a state elected official or a member of such an official's immediate family is identified by a lobbyist in such a report as having received from the lobbyist ((a gift, as defined in RCW 42.17.020)) an item specified in RCW 42.52.150(5), the lobbyist shall transmit to the official a copy of the completed form used to identify the ((gift)) item in the report at the same time the report is filed with the commission.

      (4) The commission may adopt rules to vary the content of lobbyist reports to address specific circumstances, consistent with this section."

      Renumber remaining sections consecutively and correct internal references.


MOTIONS


      On motion of Senator Smith, the following amendments were considered simultaneously and were adopted:

      On page 25, beginning on line 19, after "(l)" strike all material through "(ii)" on line 23

      On page 25, line 23, after "occasion" insert ", specifying date, donor, and amount,"

      Beginning on page 42, line 36, strike all of section 25

      Renumber remaining sections and correct internal references.

      On page 44, line 15, after "s 30;" strike "and"

      On page 44, line 16, after "s 3" insert "; and

      (3) RCW 42.17.2415 and 1991 sp.s. c 18 s 3"

      On motion of Senator Smith, the following amendment was adopted:

      On page 43, beginning on line 16, strike all of section 26 and insert the following:

      "Sec. 26. RCW 42.17.095 and 1993 c 2 s 20 are each amended to read as follows:

      The surplus funds of a candidate, or of a political committee supporting or opposing a candidate, may only be disposed of in any one or more of the following ways:

      (1) Return the surplus to a contributor in an amount not to exceed that contributor's original contribution;

      (2) Transfer the surplus to the candidate's personal account as reimbursement for lost earnings incurred as a result of that candidate's election campaign. Such lost earnings shall be verifiable as unpaid salary or, when the candidate is not salaried, as an amount not to exceed income received by the candidate for services rendered during an appropriate, corresponding time period. All lost earnings incurred shall be documented and a record thereof shall be maintained by the candidate or the candidate's political committee. The committee shall include a copy of such record when its expenditure for such reimbursement is reported pursuant to RCW 42.17.090;

      (3) Transfer the surplus without limit to a political party or to a caucus ((of the state legislature)) political committee;

      (4) Donate the surplus to a charitable organization registered in accordance with chapter 19.09 RCW;

      (5) Transmit the surplus to the state treasurer for deposit in the general fund; or

      (6) Hold the surplus in the campaign depository or depositories designated in accordance with RCW 42.17.050 for possible use in a future election campaign for the same office last sought by the candidate and report any such disposition in accordance with RCW 42.17.090: PROVIDED, That if the candidate subsequently announces or publicly files for office, information as appropriate is reported to the commission in accordance with RCW 42.17.040 through 42.17.090. If a subsequent office is not sought the surplus held shall be disposed of in accordance with the requirements of this section.

      (7) Hold the surplus campaign funds in a separate account for nonreimbursed public office-related expenses or as provided in this section, and report any such disposition in accordance with RCW 42.17.090. The separate account required under this subsection shall not be used for deposits of campaign funds that are not surplus.

      (8) No candidate or authorized committee may transfer funds to any other candidate or other political committee."


MOTIONS


      On motion of Senator Smith, the following title amendments were considered simultaneously and were adopted:

      On page 1, line 2 of the title, after "42.17.105," insert "42.17.132,"

      On page 1, line 5 of the title, after "42.17.2415," strike "and 42.17.095" and insert "42.17.095, 42.17.160, and 42.17.170"

      On page 1, line 5 of the title, strike "42.17.2415,"

      On page 1, line 7 of the title, strike "and 42.17.630" and insert ", 42.17.630, and 42.17.2415"

      On motion of Senator Smith, the rules were suspended, Engrossed Substitute Senate Bill No. 5684 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.


MOTION


      On motion of Senator Drew, Senator Snyder was excused.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5684.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5684 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, A., Anderson, C., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 48.

      Excused: Senator Snyder - 1.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5684, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 5725, by Senators Smith, Roach and Schow

 

Protecting privileged communications.


MOTIONS


      On motion of Senator Smith, Substitute Senate Bill No. 5725 was substituted for Senate Bill No. 5725 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Smith, the rules were suspended, Substitute Senate Bill No. 5725 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5725.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5725 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, A., Anderson, C., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 48.

      Excused: Senator Snyder - 1.

      SUBSTITUTE SENATE BILL NO. 5725, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 5213, by Senators Quigley, Haugen, McAuliffe, Wood, McCaslin, Winsley and Rasmussen

 

Revising civil procedure for domestic relations actions.


      The bill was read the second time.

MOTIONS


      On motion of Senator Smith, the following amendment by Senators Smith and Johnson was adopted:

      On page 14, after line 26, insert the following:

      "Sec. 9. RCW 26.19.065 and 1991 c 367 s 33 are each amended to read as follows:

      (1) Limit at forty-five percent of a parent's net income. Neither parent's total child support obligation may exceed forty-five percent of net income except for good cause shown. Good cause includes but is not limited to possession of substantial wealth, children with day care expenses, special medical need, educational need, psychological need, and larger families.

      (2) Income below six hundred dollars. When combined monthly net income is less than six hundred dollars, a support order of not less than twenty-five dollars per child per month shall be entered for each parent unless the obligor parent establishes that it would be unjust or inappropriate to do so in that particular case. The decision whether there is a sufficient basis to deviate below the presumptive minimum payment must take into consideration the best interests of the child and the circumstances of each parent. Such circumstances can include comparative hardship to the affected households, assets or liabilities, and earning capacity. A parent's support obligation shall not reduce his or her net income below the need standard for one person established pursuant to RCW 74.04.770, except for the ((mandatory)) presumptive minimum payment of twenty-five dollars per child per month ((as required in this section)) or in cases where the court finds reasons for deviation ((under section 32 of this act)). This section shall not be construed to require monthly substantiation of income.

      (3) Income above five thousand and seven thousand dollars. The economic table is presumptive for combined monthly net incomes up to and including five thousand dollars. When combined monthly net income exceeds five thousand dollars, support shall not be set at an amount lower than the presumptive amount of support set for combined monthly net incomes of five thousand dollars unless the court finds a reason to deviate below that amount. The economic table is advisory but not presumptive for combined monthly net incomes that exceed five thousand dollars. When combined monthly net income exceeds seven thousand dollars, the court may set support at an advisory amount of support set for combined monthly net incomes between five thousand and seven thousand dollars or the court may exceed the advisory amount of support set for combined monthly net incomes of seven thousand dollars upon written findings of fact.

      Sec. 10. RCW 26.19.020 and 1991 c 367 s 25 are each amended to read as follows:

ECONOMIC TABLE

MONTHLY BASIC SUPPORT OBLIGATION

PER CHILD

KEY: A = AGE 0-11 B = AGE 12-18


      COMBINED

      MONTHLY                                                                       ONE                                                       TWO

      NET                                                                  CHILD                                               CHILDREN

      INCOME                                                        FAMILY                                                FAMILY

                                                                                                                                                                                                                                

                                                                   A                             B                             A                             B

                                                                                                                                                                                                                                

                         0

                     100

                     200

                     300           For income less than $600 the obligation

                     400           is based upon the resources and living expenses

                     500           of each household. Minimum support shall not

                                      be less than $25 per child per month except when

                                      allowed by RCW 26.19.065(2).


                     600                                     133                          164                          103                          127

                     700                                     155                          191                          120                          148

                     800                                     177                          218                          137                          170

                     900                                     199                          246                          154                          191

                   1000                                     220                          272                          171                          211

                   1100                                     242                          299                          188                          232

                   1200                                     264                          326                          205                          253

                   1300                                     285                          352                          221                          274

                   1400                                     307                          379                          238                          294

                   1500                                     327                          404                          254                          313

                   1600                                     347                          428                          269                          333

                   1700                                     367                          453                          285                          352

                   1800                                     387                          478                          300                          371

                   1900                                     407                          503                          316                          390

                   2000                                     427                          527                          331                          409

                   2100                                     447                          552                          347                          429

                   2200                                     467                          577                          362                          448

                   2300                                     487                          601                          378                          467

                   2400                                     506                          626                          393                          486

                   2500                                     526                          650                          408                          505

                   2600                                     534                          661                          416                          513

                   2700                                     542                          670                          421                          520

                   2800                                     549                          679                          427                          527

                   2900                                     556                          686                          431                          533

                   3000                                     561                          693                          436                          538

                   3100                                     566                          699                          439                          543

                   3200                                     569                          704                          442                          546

                   3300                                     573                          708                          445                          549

                   3400                                     574                          710                          446                          551

                   3500                                     575                          711                          447                          552

                   3600                                     577                          712                          448                          553

                   3700                                     578                          713                          449                          554

                   3800                                     581                          719                          452                          558

                   3900                                     596                          736                          463                          572

                   4000                                     609                          753                          473                          584

                   4100                                     623                          770                          484                          598

                   4200                                     638                          788                          495                          611

                   4300                                     651                          805                          506                          625

                   4400                                     664                          821                          516                          637

                   4500                                     677                          836                          525                          649

                   4600                                     689                          851                          535                          661

                   4700                                     701                          866                          545                          673

                   4800                                     713                          882                          554                          685

                   4900                                     726                          897                          564                          697

                   5000                                     738                          912                          574                          708

                   5100                                     751                          928                          584                          720

                   5200                                     763                          943                          593                          732

                   5300                                     776                          959                          602                          744

                   5400                                     788                          974                          612                          756

                   5500                                     800                          989                          622                          768

                   5600                                     812                        1004                          632                          779

                   5700                                     825                        1019                          641                          791

                   5800                                     837                        1035                          650                          803

                   5900                                     850                        1050                          660                          815

                   6000                                     862                        1065                          670                          827

                   6100                                     875                        1081                          680                          839

                   6200                                     887                        1096                          689                          851

                   6300                                     899                        1112                          699                          863

                   6400                                     911                        1127                          709                          875

                   6500                                     924                        1142                          718                          887

                   6600                                     936                        1157                          728                          899

                   6700                                     949                        1172                          737                          911

                   6800                                     961                        1188                          747                          923

                   6900                                     974                        1203                          757                          935

                   7000                                     986                        1218                          767                          946

 

COMBINED

MONTHLY                           THREE                                                   FOUR                                                    FIVE

NET                                    CHILDREN                                          CHILDREN                                        CHILDREN

INCOME                              FAMILY                                                FAMILY                                              FAMILY

                                                                                                                                                                                                                                

                                   A                             B                             A                             B                             A                             B

                                                                                                                                                                                                                                

   0

100

200

300                     For income less than $600 the obligation

400                     is based upon the resources and living expenses

500                     of each household. Minimum support shall not be

                           less than $25 per child per month except when allowed by

                           RCW 26.19.065(2).


600                            86                          106                            73                            90                            63                            78

700                          100                          124                            85                          105                            74                            91

800                          115                          142                            97                          120                            84                          104

900                          129                          159                          109                          135                            95                          118

1000                        143                          177                          121                          149                          105                          130

1100                        157                          194                          133                          164                          116                          143

1200                        171                          211                          144                          179                          126                          156

1300                        185                          228                          156                          193                          136                          168

1400                        199                          246                          168                          208                          147                          181

1500                        212                          262                          179                          221                          156                          193

1600                        225                          278                          190                          235                          166                          205

1700                        238                          294                          201                          248                          175                          217

1800                        251                          310                          212                          262                          185                          228

1900                        264                          326                          223                          275                          194                          240

2000                        277                          342                          234                          289                          204                          252

2100                        289                          358                          245                          303                          213                          264

2200                        302                          374                          256                          316                          223                          276

2300                        315                          390                          267                          330                          233                          288

2400                        328                          406                          278                          343                          242                          299

2500                        341                          421                          288                          356                          251                          311

2600                        346                          428                          293                          362                          256                          316

2700                        351                          435                          298                          368                          259                          321

2800                        356                          440                          301                          372                          262                          324

2900                        360                          445                          305                          376                          266                          328

3000                        364                          449                          308                          380                          268                          331

3100                        367                          453                          310                          383                          270                          334

3200                        369                          457                          312                          386                          272                          336

3300                        371                          459                          314                          388                          273                          339

3400                        372                          460                          315                          389                          274                          340

3500                        373                          461                          316                          390                          275                          341

3600                        374                          462                          317                          391                          276                          342

3700                        375                          463                          318                          392                          277                          343

3800                        377                          466                          319                          394                          278                          344

3900                        386                          477                          326                          404                          284                          352

4000                        395                          488                          334                          413                          291                          360

4100                        404                          500                          341                          422                          298                          368

4200                        413                          511                          350                          431                          305                          377

4300                        422                          522                          357                          441                          311                          385

4400                        431                          532                          364                          449                          317                          392

4500                        438                          542                          371                          458                          323                          400

4600                        446                          552                          377                          467                          329                          407

4700                        455                          562                          384                          475                          335                          414

4800                        463                          572                          391                          483                          341                          422

4900                        470                          581                          398                          491                          347                          429

5000                        479                          592                          404                          500                          353                          437

5100                        487                          602                          411                          509                          359                          443

5200                        494                          611                          418                          517                          365                          451

5300                        503                          621                          425                          525                          371                          458

5400                        511                          632                          432                          533                          377                          466

5500                        518                          641                          439                          542                          383                          473

5600                        527                          651                          446                          551                          389                          480

5700                        535                          661                          452                          559                          395                          488

5800                        543                          671                          459                          567                          401                          495

5900                        551                          681                          466                          575                          407                          502

6000                        559                          691                          473                          584                          413                          509

6100                        567                          701                          479                          593                          418                          517

6200                        575                          710                          486                          601                          424                          524

6300                        583                          721                          493                          609                          430                          532

6400                        591                          731                          500                          617                          436                          539

6500                        599                          740                          506                          626                          442                          546

6600                        607                          750                          513                          635                          448                          554

6700                        615                          761                          520                          643                          454                          561

6800                        623                          770                          527                          651                          460                          568

6900                        631                          780                          533                          659                          466                          575

7000                        639                          790                          540                          668                          472                          583


      The economic table is presumptive for combined monthly net incomes up to and including five thousand dollars. When combined monthly net income exceeds five thousand dollars, support shall not be set at an amount lower than the presumptive amount of support set for combined monthly net incomes of five thousand dollars unless the court finds a reason to deviate below that amount. The economic table is advisory but not presumptive for combined monthly net incomes that exceed five thousand dollars. When combined monthly net income exceeds seven thousand dollars, the court may set support at an advisory amount of support set for combined monthly net incomes between five thousand and seven thousand dollars or the court may exceed the advisory amount of support set for combined monthly net incomes of seven thousand dollars upon written findings of fact."


      On motion of Senator Smith, the following title amendment was adopted:

      On page 1, line 3 of the title, after "26.09.175," strike "and 26.21.115" and insert "26.21.115, 26.19.065, and 26.19.020"


MOTION


      On motion of Senator Smith, the rules were suspended, Engrossed Senate Bill No. 5213 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5213.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5213 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, A., Anderson, C., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 48.

      Excused: Senator Snyder - 1.

      ENGROSSED SENATE BILL NO. 5213, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 5669, by Senators Pelz, Newhouse, Hargrove, Prince, Deccio, A. Anderson, Prentice, Palmer, Bauer, C. Anderson and Winsley

 

Defining "acting in the course of employment."


MOTIONS


      On motion of Senator Pelz, Substitute Senate Bill No. 5669 was substituted for Senate Bill No. 5669 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Pelz, the rules were suspended, Substitute Senate Bill No. 5669 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5669.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5669 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, A., Anderson, C., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 48.

      Excused: Senator Snyder - 1.

      SUBSTITUTE SENATE BILL NO. 5669, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 5690, by Senators Fairley, Swecker, Fraser, Owen and Quigley

 

Seeking input on significant roadside activities.


MOTIONS


      On motion of Senator Fairley, Substitute Senate Bill No. 5690 was substituted for Senate Bill No. 5690 and the substitute bill was placed on second reading and read the second time.

      Senator Prince moved that the following amendments be considered simultaneously and be adopted:

      On page 1, line 10, after "activities." insert "The notification must include, at a minimum, publication at least thirty days before the activities in two successive issues in a newspaper of general circulation in the area and posting at least thirty days in advance in conspicuous locations in the vicinity of the activities."

      On page 2, line 21, after "way." insert "At a minimum, the notice must be published at least thirty days before granting the franchise in two consecutive issues in a newspaper of general circulation in the area and posted at least thirty days before granting the franchise in conspicuous locations in the vicinity of the facility."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendments by Senator Prince on page 1, line 10, and page 2, line 21, to Substitute Senate Bill No. 5690.

      The motion by Senator Prince carried and the amendments were adopted.


MOTION


      On motion of Senator Fairley, the rules were suspended, Engrossed Substitute Senate Bill No. 5690 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5690.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5690 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, A., Anderson, C., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 48.

      Excused: Senator Snyder - 1.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5690, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 5888, by Senator Sutherland

 

Revising considerations for charges for sewerage and storm water control systems.


      The bill was read the second time.


MOTION


      On motion of Senator Sutherland, the following amendments by Senators Sutherland and Finkbeiner were considered simultaneously and were adopted:

      On page 1, line 16, strike "the nature or type of land user" and insert "the nonprofit public benefit status, as defined in RCW 24.03.490, of the land user"

      On page 2, line 33, after "(7)" strike "The nature or type of land user" and insert "The nonprofit public benefit status, as defined in RCW 24.03.490, of the land user"

      On page 3, line 24, after "(8)" strike "the nature or type of land user" and insert "the nonprofit public benefit status, as defined in RCW 24.03.490, of the land user"

      On page 4, line 6, after "(7)" strike "the nature or type of land user" and insert "the nonprofit public benefit status, as defined in RCW 24.03.490, of the land user"

      On page 5, beginning on line 4, after "(7)" strike "the nature or type of land user" and insert "the nonprofit public benefit status, as defined in RCW 24.03.490, of the land user"


MOTION


      On motion of Senator Sutherland, the rules were suspended, Engrossed Senate Bill No. 5888 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5888.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5888 and the bill passed the Senate by the following vote: Yeas, 44; Nays, 4; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, A., Anderson, C., Deccio, Drew, Fairley, Finkbeiner, Fraser, Gaspard, Hale, Hargrove, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 44.

      Voting nay: Senators Bauer, Cantu, Franklin and Haugen - 4.

      Excused: Senator Snyder - 1.

      ENGROSSED SENATE BILL NO. 5888, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 5491, by Senators Smith, Oke, Wood, Winsley, Hale, Prince, Long and Schow (by request of Governor Lowry and Attorney General Gregoire)

 

Modifying juvenile disposition.


MOTIONS


      On motion of Senator Smith, Second Substitute Senate Bill No. 5491 was substituted for Senate Bill No. 5491 and the second substitute bill was placed on second reading and read the second time.

      On motion of Senator Smith, the following amendment was adopted:

      On page 21, beginning on line 22, strike all of section 7

      Renumber the remaining sections consecutively and correct any internal references accordingly.


MOTIONS


      On motion of Senator Pelz, the following amendment was adopted:

      On page 21, after line 21, insert the following:

      "Sec. 7. RCW 13.40.020 and 1994 sp.s. c 7 s 520, 1994 c 271 s 803, & 1994 c 261 s 18 are each reenacted and amended to read as follows:

      For the purposes of this chapter:

      (1) "Serious offender" means a person fifteen years of age or older who has committed an offense which if committed by an adult would be:

      (a) A class A felony, or an attempt to commit a class A felony;

      (b) Manslaughter in the first degree; or

      (c) Assault in the second degree, extortion in the first degree, child molestation in the second degree, kidnapping in the second degree, robbery in the second degree, residential burglary, or burglary in the second degree, where such offenses include the infliction of bodily harm upon another or where during the commission of or immediate withdrawal from such an offense the perpetrator is armed with a deadly weapon;

      (2) "Community service" means compulsory service, without compensation, performed for the benefit of the community by the offender as punishment for committing an offense. Community service may be performed through public or private organizations or through work crews;

      (3) "Community supervision" means an order of disposition by the court of an adjudicated youth not committed to the department or an order granting a deferred adjudication pursuant to RCW 13.40.125. A community supervision order for a single offense may be for a period of up to two years for a sex offense as defined by RCW 9.94A.030 and up to one year for other offenses. As a mandatory condition of any term of community supervision, the court shall order the juvenile to refrain from committing new offenses. As a mandatory condition of community supervision, the court shall order the juvenile to comply with the mandatory school attendance provisions of chapter 28A.225 RCW and to inform the school of the existence of this requirement. Community supervision is an individualized program comprised of one or more of the following:

      (a) Community-based sanctions;

      (b) Community-based rehabilitation;

      (c) Monitoring and reporting requirements;

      (d) Home detention;

      (4) Community-based sanctions may include one or more of the following:

      (a) A fine, not to exceed one hundred dollars;

      (b) Community service not to exceed one hundred fifty hours of service;

      (5) "Community-based rehabilitation" means one or more of the following: Attendance of information classes; counseling, outpatient substance abuse treatment programs, outpatient mental health programs, anger management classes, education or outpatient treatment programs to prevent animal cruelty, or other services; or attendance at school or other educational programs appropriate for the juvenile as determined by the school district. Placement in community-based rehabilitation programs is subject to available funds;

      (6) "Monitoring and reporting requirements" means one or more of the following: Curfews; requirements to remain at home, school, work, or court-ordered treatment programs during specified hours; restrictions from leaving or entering specified geographical areas; requirements to report to the probation officer as directed and to remain under the probation officer's supervision; and other conditions or limitations as the court may require which may not include confinement;

      (7) "Confinement" means physical custody by the department of social and health services in a facility operated by or pursuant to a contract with the state, or physical custody in a detention facility operated by or pursuant to a contract with any county. The county may operate or contract with vendors to operate county detention facilities. The department may operate or contract to operate detention facilities for juveniles committed to the department. Pretrial confinement or confinement of less than thirty-one days imposed as part of a disposition or modification order may be served consecutively or intermittently, in the discretion of the court;

      (8) "Court", when used without further qualification, means the juvenile court judge(s) or commissioner(s);

      (9) "Criminal history" includes all criminal complaints against the respondent for which, prior to the commission of a current offense:

      (a) The allegations were found correct by a court. If a respondent is convicted of two or more charges arising out of the same course of conduct, only the highest charge from among these shall count as an offense for the purposes of this chapter; or

      (b) The criminal complaint was diverted by a prosecutor pursuant to the provisions of this chapter on agreement of the respondent and after an advisement to the respondent that the criminal complaint would be considered as part of the respondent's criminal history. A successfully completed deferred adjudication shall not be considered part of the respondent's criminal history;

      (10) "Department" means the department of social and health services;

      (11) "Detention facility" means a county facility, paid for by the county, for the physical confinement of a juvenile alleged to have committed an offense or an adjudicated offender subject to a disposition or modification order. "Detention facility" includes county group homes, inpatient substance abuse programs, juvenile basic training camps, and electronic monitoring;

      (12) "Diversion unit" means any probation counselor who enters into a diversion agreement with an alleged youthful offender, or any other person, community accountability board, or other entity except a law enforcement official or entity, with whom the juvenile court administrator has contracted to arrange and supervise such agreements pursuant to RCW 13.40.080, or any person, community accountability board, or other entity specially funded by the legislature to arrange and supervise diversion agreements in accordance with the requirements of this chapter. For purposes of this subsection, "community accountability board" means a board comprised of members of the local community in which the juvenile offender resides. The superior court shall appoint the members. The boards shall consist of at least three and not more than seven members. If possible, the board should include a variety of representatives from the community, such as a law enforcement officer, teacher or school administrator, high school student, parent, and business owner, and should represent the cultural diversity of the local community;

      (13) "Home detention" means a program of partial confinement in which an adjudicated youth not committed to the department or a juvenile granted a deferral of adjudication is confined in a private residence subject to electronic surveillance. Participation in home detention shall include attending a regular course of school study at regularly defined hours or maintaining current employment;

      (14) "Institution" means a juvenile facility established pursuant to chapters 72.05 and 72.16 through 72.20 RCW;

      (((14))) (15) "Juvenile," "youth," and "child" mean any individual who is under the chronological age of eighteen years and who has not been previously transferred to adult court pursuant to RCW 13.40.110 or who is otherwise under adult court jurisdiction;

      (((15))) (16) "Juvenile offender" means any juvenile who has been found by the juvenile court to have committed an offense, including a person eighteen years of age or older over whom jurisdiction has been extended under RCW 13.40.300;

      (((16))) (17) "Manifest injustice" means a disposition that would either impose an excessive penalty on the juvenile or would impose a serious, and clear danger to society in light of the purposes of this chapter;

      (((17))) (18) "Middle offender" means a person who has committed an offense and who is neither a minor or first offender nor a serious offender;

      (((18))) (19) "Minor or first offender" means a person whose current offense(s) and criminal history fall entirely within one of the following categories:

      (a) Four misdemeanors;

      (b) Two misdemeanors and one gross misdemeanor;

      (c) One misdemeanor and two gross misdemeanors; and

      (d) Three gross misdemeanors.

      For purposes of this definition, current violations shall be counted as misdemeanors;

      (((19))) (20) "Offense" means an act designated a violation or a crime if committed by an adult under the law of this state, under any ordinance of any city or county of this state, under any federal law, or under the law of another state if the act occurred in that state;

      (((20))) (21) "Respondent" means a juvenile who is alleged or proven to have committed an offense;

      (((21))) (22) "Restitution" means financial reimbursement by the offender to the victim, and shall be limited to easily ascertainable damages for injury to or loss of property, actual expenses incurred for medical treatment for physical injury to persons, lost wages resulting from physical injury, and costs of the victim's counseling reasonably related to the offense if the offense is a sex offense. Restitution shall not include reimbursement for damages for mental anguish, pain and suffering, or other intangible losses. Nothing in this chapter shall limit or replace civil remedies or defenses available to the victim or offender;

      (((22))) (23) "Secretary" means the secretary of the department of social and health services. "Assistant secretary" means the assistant secretary for juvenile rehabilitation for the department;

      (((23))) (24) "Services" mean services which provide alternatives to incarceration for those juveniles who have pleaded or been adjudicated guilty of an offense or have signed a diversion agreement pursuant to this chapter;

      (((24))) (25) "Sex offense" means an offense defined as a sex offense in RCW 9.94A.030;

      (((25))) (26) "Sexual motivation" means that one of the purposes for which the respondent committed the offense was for the purpose of his or her sexual gratification;

      (((26))) (27) "Foster care" means temporary physical care in a foster family home or group care facility as defined in RCW 74.15.020 and licensed by the department, or other legally authorized care;

      (((27))) (28) "Violation" means an act or omission, which if committed by an adult, must be proven beyond a reasonable doubt, and is punishable by sanctions which do not include incarceration;

      (((28))) (29) "Violent offense" means a violent offense as defined in RCW 9.94A.030."


      Senator Newhouse moved that the following amendment by Senators Newhouse, Smith and Deccio be adopted:

      On page 44, after line 10, insert the following:

      "Sec. 21. RCW 13.04.030 and 1994 sp.s. c 7 s 519 are each amended to read as follows:

      (1) Except as provided in subsection (2) of this section, the juvenile courts in the several counties of this state, shall have exclusive original jurisdiction over all proceedings:

      (a) Under the interstate compact on placement of children as provided in chapter 26.34 RCW;

      (b) Relating to children alleged or found to be dependent as provided in chapter 26.44 RCW and in RCW 13.34.030 through 13.34.170;

      (c) Relating to the termination of a parent and child relationship as provided in RCW 13.34.180 through 13.34.210;

      (d) To approve or disapprove alternative residential placement as provided in RCW 13.32A.170;

      (e) Relating to juveniles alleged or found to have committed offenses, traffic infractions, or violations as provided in RCW 13.40.020 through 13.40.230, unless:

      (i) The juvenile court transfers jurisdiction of a particular juvenile to adult criminal court pursuant to RCW 13.40.110; or

      (ii) The statute of limitations applicable to adult prosecution for the offense, traffic infraction, or violation has expired; or

      (iii) The alleged offense or infraction is a traffic, fish, boating, or game offense or traffic infraction committed by a juvenile sixteen years of age or older and would, if committed by an adult, be tried or heard in a court of limited jurisdiction, in which instance the appropriate court of limited jurisdiction shall have jurisdiction over the alleged offense or infraction: PROVIDED, That if such an alleged offense or infraction and an alleged offense or infraction subject to juvenile court jurisdiction arise out of the same event or incident, the juvenile court may have jurisdiction of both matters: PROVIDED FURTHER, That the jurisdiction under this subsection does not constitute "transfer" or a "decline" for purposes of RCW 13.40.110(1) or (e)(i) of this subsection: PROVIDED FURTHER, That courts of limited jurisdiction which confine juveniles for an alleged offense or infraction may place juveniles in juvenile detention facilities under an agreement with the officials responsible for the administration of the juvenile detention facility in RCW 13.04.035 and 13.20.060; or

      (iv) The alleged offense is a traffic infraction, a violation of compulsory school attendance provisions under chapter 28A.225 RCW, or a misdemeanor, and a court of limited jurisdiction has assumed jurisdiction over those offenses as provided in section 22 of this act; or

      (v) The juvenile is sixteen or seventeen years old and the alleged offense is: (A) A serious violent offense as defined in RCW 9.94A.030 committed on or after June 13, 1994; or (B) a violent offense as defined in RCW 9.94A.030 committed on or after June 13, 1994, and the juvenile has a criminal history consisting of: (I) One or more prior serious violent offenses; (II) two or more prior violent offenses; or (III) three or more of any combination of the following offenses: Any class A felony, any class B felony, vehicular assault, or manslaughter in the second degree, all of which must have been committed after the juvenile's thirteenth birthday and prosecuted separately. In such a case the adult criminal court shall have exclusive original jurisdiction.

      If the juvenile challenges the state's determination of the juvenile's criminal history, the state may establish the offender's criminal history by a preponderance of the evidence. If the criminal history consists of adjudications entered upon a plea of guilty, the state shall not bear a burden of establishing the knowing and voluntariness of the plea;

      (f) Under the interstate compact on juveniles as provided in chapter 13.24 RCW;

      (g) Relating to termination of a diversion agreement under RCW 13.40.080, including a proceeding in which the divertee has attained eighteen years of age; and

      (h) Relating to court validation of a voluntary consent to foster care placement under chapter 13.34 RCW, by the parent or Indian custodian of an Indian child, except if the parent or Indian custodian and child are residents of or domiciled within the boundaries of a federally recognized Indian reservation over which the tribe exercises exclusive jurisdiction.

      (2) The family court shall have concurrent original jurisdiction with the juvenile court over all proceedings under this section if the superior court judges of a county authorize concurrent jurisdiction as provided in RCW 26.12.010.

      (3) A juvenile subject to adult superior court jurisdiction under subsection (1)(e) (i) through (iv) of this section, who is detained pending trial, may be detained in a county detention facility as defined in RCW 13.40.020 pending sentencing or a dismissal.

      NEW SECTION. Sec. 22. A new section is added to chapter 13.04 RCW to read as follows:

      (1) Courts of limited jurisdiction, at local option of the county, city, or town of the court of limited jurisdiction, may exercise concurrent original jurisdiction with the juvenile court over traffic infractions, violations of compulsory school attendance provisions under chapter 28A.225 RCW, and misdemeanors when those offenses are allegedly committed by juveniles and:

      (a)(i) The offense, which if committed by an adult, is punishable by sanctions which do not include incarceration; or

      (ii) The prosecuting attorney's disposition recommendation does not include confinement as defined in RCW 13.40.020 as part of the disposition for the offense;

      (b) The court of limited jurisdiction has a computer system which is linked to the state-wide criminal history information data system used by juvenile courts to track and record juvenile offenders' criminal history;

      (c) The county legislative authority of the county in which the court of limited jurisdiction is located has authorized creation of concurrent jurisdiction between the court of limited jurisdiction and the county juvenile court; and

      (d) The court of limited jurisdiction has an agreement with officials responsible for administering the county juvenile detention facility pursuant to RCW 13.04.035 and 13.20.060 that the court may order juveniles into the detention facility for an offense.

      (2) The juvenile court shall retain jurisdiction over the offense if the juvenile is charged with another offense arising out of the same incident and the juvenile court has jurisdiction over the other offense.

      (3) Jurisdiction under this section does not constitute a decline or transfer of juvenile court jurisdiction under RCW 13.40.110.

      (4) The provisions of chapter 13.40 RCW shall apply to offenses prosecuted under this section.

      NEW SECTION. Sec. 23. A new section is added to chapter 28A.225 RCW to read as follows:

      References to juvenile court in this chapter mean, in addition to the juvenile court of the superior court, courts of limited jurisdiction which have acquired jurisdiction pursuant to RCW 13.04.030(1)(e)(iv) and section 22 of this act over juveniles who violate the provisions of this chapter. If a court of limited jurisdiction has jurisdiction over juveniles who violate this chapter, that court also has jurisdiction over parents charged with violations of this chapter.

      Sec. 24. RCW 35.20.030 and 1993 c 83 s 3 are each amended to read as follows:

      The municipal court shall have jurisdiction to try violations of all city ordinances and all other actions brought to enforce or recover license penalties or forfeitures declared or given by any such ordinances. It is empowered to forfeit cash bail or bail bonds and issue execution thereon, to hear and determine all causes, civil or criminal, arising under such ordinances, and to pronounce judgment in accordance therewith: PROVIDED, That for a violation of the criminal provisions of an ordinance no greater punishment shall be imposed than a fine of five thousand dollars or imprisonment in the city jail not to exceed one year, or both such fine and imprisonment, but the punishment for any criminal ordinance shall be the same as the punishment provided in state law for the same crime. The municipal court shall also have jurisdiction over juvenile offenses prosecuted pursuant to chapter 13.40 RCW if the court has acquired jurisdiction pursuant to RCW 13.04.030(1)(e)(iv) and section 22 of this act. All civil and criminal proceedings in municipal court, and judgments rendered therein, shall be subject to review in the superior court by writ of review or on appeal: PROVIDED, That an appeal from the court's determination or order in a traffic infraction proceeding may be taken only in accordance with RCW 46.63.090(5). Costs in civil and criminal cases may be taxed as provided in district courts."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senators Newhouse, Smith and Deccio on page 44, after line 10, to Substitute Senate Bill No. 5491.

      The motion by Senator Newhouse carried and the amendment was adopted.


MOTIONS


      On motion of Senator Smith, the following title amendments were considered simultaneously and were adopted:

      On page 1, line 2 of the title, after "13.40.010," strike "13.40.120,"

      On page 1, line 4 of the title, after "13.40.045," strike "and 13.40.060" and insert "13.40.060, 13.04.030, and 35.20.030"

      On page 1, line 4 of the title, after "13.40.060;" insert "reenacting and amending RCW 13.40.020;"

      On page 1, line 5 of the title, after "13.40 RCW;" insert "adding a new section to chapter 13.04 RCW; adding a new section to chapter 28A.225 RCW;"

      On motion of Senator Smith, the rules were suspended, Engrossed Second Substitute Senate Bill No. 5491 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute Senate Bill No. 5491.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5491 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, A., Anderson, C., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 49.

      ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5491, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 5841, by Senators Pelz, Winsley, Gaspard, Roach, Snyder, Loveland, Rinehart, McAuliffe, Spanel, Heavey, Franklin, Bauer, Smith, Fairley, Prentice, Fraser, Kohl, Quigley, Rasmussen, Sutherland, Sheldon, Drew, Wojahn, West, Wood, Cal Anderson and Moyer (by request of Governor Lowry)

 

Enacting the personnel system reform act of 1995.


      The bill was read the second time.


MOTIONS


      On motion of Senator Pelz, the following amendments by Senators Pelz, Gaspard and West were considered simultaneously and were adopted:

      On page 10, line 20, strike "Rules" and insert "Except for institutions of higher education, rules"

      On page 47, line 33, after "However," insert "except as provided otherwise in this subsection for institutions of higher education,"

      On page 48, line 2, after "parties." insert "For institutions of higher education, promotional preferences and the number of names to be certified for vacancies shall be bargained under the provisions of section 302(4) of this act."

      On motion of Senator Pelz, the following amendment by Senators Pelz, Gaspard, Kohl and West was adopted:

      On page 46, line 34, after "behalf." insert "A governing board may elect to have its negotiations conducted by the governor or governor's designee under the procedures provided for general government agencies in subsections (1), (2), and (3) of this section."


MOTION


      Senator Pelz moved that the following amendment by Senators Hargrove, Owen, Ann Anderson and Snyder be adopted:

      On page 49, following line 33, add a new section to read as follows:

      "NEW SECTION. Sec. 307. RIGHT TO STRIKE NOT GRANTED. Nothing contained in this act permits or grants to any employee the right to strike or refuse to perform his or her official duties."

      Renumber the remaining sections consecutively and correct internal references accordingly.

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senators Hargrove, Owen, Ann Anderson and Snyder to Senate Bill No. 5841.

      The motion by Senator Pelz carried and the amendment was adopted.


MOTIONS


      On motion of Senator Pelz, the following amendment by Senators Pelz, Gaspard and Kohl was adopted:

      On page 52, beginning on line 11, after "commission." strike all material through "parties." on line 31, and insert the following:

      "The fact-finder shall meet with the parties or their representatives, or both, and make inquiries and investigations, hold hearings, and take such other steps as may be appropriate. If the dispute is not settled, the fact-finder shall make findings of fact and recommend terms of settlement within thirty days.

      Such recommendations, together with the findings of fact, shall be submitted in writing to the parties and the commission privately before they are made public. The commission, the fact-finder, the employer, or the exclusive bargaining representative may make such findings and recommendations public if the dispute is not settled within ten working days after their receipt from the fact-finder.

      Nothing in this section shall be construed to prohibit an employer and an exclusive bargaining representative from agreeing to substitute, at their own expense, their own procedure for resolving impasses in collective bargaining for that provided in this section or from agreeing to utilize for the purposes of this section any other governmental or other agency or person in lieu of the commission.

      Costs for mediator services shall be borne by the commission, and costs for fact-finding shall be borne equally by the negotiating parties."


      Senator McDonald moved that the following amendment by Senators McDonald, Johnson, Hochstatter, Cantu, Morton, McCaslin and Wood be adopted:

      On page 57, after line 26, insert the following:

      "NEW SECTION. Sec. 315. Strikes by employees are prohibited. An employee who participates in a strike is subject to a fine of one thousand dollars per day. An employee organization that initiates or continues a strike is subject to a fine of five thousand dollars per day."

      Renumber the remaining sections consecutively and correct any internal references accordingly.


POINT OF INQUIRY


      Senator Pelz: "Senator McDonald, was this language drawn from any precedent language? Is there another place, another state, in America where public employees are subject to a thousand dollar per day penalty for strike--or private employees for that matter? Is there existing law that this is modeled after?"

      Senator McDonald: "Well, if it is your opinion that they are not going to strike, these fines would never be imposed. What we are saying here is if they are going to be--if you are going to give the courts any kind of tools, then you have to have specific ones and we have given them in this amendment. If you want to have an amendment to an amendment that makes them something different, I would certainly be willing to listen to that."

      Senator Pelz: "Well, thank you. I assume then that the answer to my question is that, 'No, there is not a precedent for a blanket rule that a striker is subject to a fine of one thousand dollars per day and an employee organization that initiates or continues a strike is subject to a fine of five thousand dollars per day.'"

      Further debate ensued.

      Senator McDonald demanded a roll call and the demand was sustained.

      The President declared the question before the Senate to be the roll call on the adoption of the amendment by Senators McDonald, Johnson, Hochstatter, Cantu, Morton, McCaslin and Wood on page 57, after line 26, to Senate Bill No. 5841.


ROLL CALL


      The Secretary called the roll and the amendment was not adopted by the following vote: Yeas, 21; Nays, 28; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, A., Cantu, Deccio, Finkbeiner, Hale, Haugen, Hochstatter, Johnson, Long, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Palmer, Prince, Schow, Sellar, West and Wood - 21.

      Voting nay: Senators Anderson, C., Bauer, Drew, Fairley, Franklin, Fraser, Gaspard, Hargrove, Heavey, Kohl, Loveland, McAuliffe, Owen, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Roach, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Winsley and Wojahn - 28.


MOTIONS


      On motion of Senator Pelz, the following amendments by Senators Pelz, Gaspard and Kohl were considered simultaneously and were adopted:

      Beginning on page 57, line 27, strike all of sections 315, 316, 317, and 318

      Renumber remaining sections and correct internal references.

      On page 61, line 31, after "means the" strike "state" and insert "public"


MOTION


      On motion of Senator Pelz, the rules were suspended, Engrossed Senate Bill No. 5841 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5841.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5841 and the bill passed the Senate by the following vote: Yeas, 30; Nays, 19; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, C., Bauer, Drew, Fairley, Franklin, Fraser, Gaspard, Hargrove, Heavey, Kohl, Loveland, McAuliffe, Moyer, Owen, Palmer, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Roach, Sheldon, Smith, Snyder, Spanel, Sutherland, Swecker, West, Winsley and Wojahn - 30.

      Voting nay: Senators Anderson, A., Cantu, Deccio, Finkbeiner, Hale, Haugen, Hochstatter, Johnson, Long, McCaslin, McDonald, Morton, Newhouse, Oke, Prince, Schow, Sellar, Strannigan and Wood - 19.

      ENGROSSED SENATE BILL NO. 5841, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 5247, by Senators Spanel, Haugen, Prince, Sutherland, Owen and Fraser (by request of Puget Sound Water Quality Authority)

 

Facilitating local water quality programs.


MOTIONS


      On motion of Senator Fraser, Substitute Senate Bill No. 5247 was substituted for Senate Bill No. 5247 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Fraser, the following amendment by Senators Fraser, Swecker, Spanel and Heavey was adopted:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. It is the purpose of this act to promote efficiency in delivering water quality programs and to assist local governments in promoting and achieving the prevention of water pollution through service-oriented utilities, in cooperation with the private sector.

      Sec. 2. RCW 35.67.010 and 1965 c 110 s 1 are each amended to read as follows:

      A "system of sewerage" means and may include((s)) any or all of the following:

      (1) Sanitary sewage ((disposal sewers)) collection, treatment, and/or disposal facilities and programs, on-site or off-site sanitary sewerage facilities such as approved on-site sewage systems, on-site sanitary sewerage systems, inspection programs and maintenance programs for public or private on-site systems, or any other means of sewage treatment and disposal approved by the city;

      (2) Combined sanitary sewage disposal and storm or surface water sewers;

      (3) Storm or surface water ((sewers)) drains and facilities;

      (4) Outfalls for storm drainage or sanitary sewage and works, plants, and facilities for storm drainage or sanitary sewage treatment and disposal, ((or)) and rights and interests in property relating to the system;

      (5) Combined water and sewerage systems;

      (6) Water quality education and public involvement programs for the protection of waters of the state as defined by RCW 90.48.020 from pollution; point and nonpoint water pollution monitoring programs; and agricultural, industrial, and commercial management practices education programs to prevent and reduce water pollution;

      (7) Public restroom and sanitary facilities; and

      (8) Any combination of or part of any or all of such facilities.

      The words "public utility" when used in this chapter shall have the same meaning as the words "system of sewerage."

      Sec. 3. RCW 35.67.020 and 1991 c 347 s 17 are each amended to read as follows:

      Every city and town may construct, condemn and purchase, acquire, add to, implement, maintain, conduct, and operate systems of sewerage and systems and plants for refuse collection and disposal together with additions, extensions, and betterments thereto, within and without its limits, with full jurisdiction and authority to manage, regulate, and control them and to fix, alter, regulate, and control the rates and charges for the use thereof: PROVIDED, That the rates charged must be uniform for the same class of customers or service.

      In classifying customers served or service, facilities, and programs furnished by such system of sewerage, the city or town legislative body may in its discretion consider any or all of the following factors: The difference in cost of service, facilities, and programs to the various customers; the location of the various customers within and without the city or town; the difference in cost of maintenance, operation, implementation, repair, and replacement of the various parts of the system; the different character of the service, facilities, and programs furnished various customers; the quantity and quality of the sewage delivered and the time of its delivery; the achievement of water conservation goals and the discouragement of wasteful water use practices; capital contributions made to the system, including but not limited to, assessments; and any other matters which present a reasonable difference as a ground for distinction. Rates or charges imposed under this chapter for on-site inspection and maintenance services shall reflect the allocable share of the cost of providing the program or service to the person or entity paying the charge, and may not be imposed on the development, construction, or reconstruction of property.

      A city or town may adjust or delay rates and charges and may provide other assistance to aid low-income persons in participating in programs and in complying with regulations imposed in connection with this chapter.

      Under this chapter, after January 1, 1997, any requirements for pumping the septic tank of an on-site sewage system should be based, among other things, on actual measurement of accumulation of sludge and scum by a trained operator, trained owner's agent, or trained owner. Training shall occur in a program approved by the state board of health or by a local health officer.

      Before adopting an on-site inspection and maintenance utility program, or incorporating residences into an on-site inspection and maintenance or sewer utility under this chapter, notification shall be provided, prior to the applicable public hearing, to all residences within the proposed service area that have on-site systems permitted by the local health officer. The notice shall clearly state that the residence is within the proposed service area and shall provide information on estimated rates or charges that may be imposed for the service.

      Sec. 4. RCW 35.92.020 and 1989 c 399 s 6 are each amended to read as follows:

      A city or town may construct, condemn and purchase, purchase, acquire, add to, alter, maintain, implement, and operate systems, plants, sites, or other facilities of sewerage as defined in RCW 35.67.010, or solid waste handling as defined by RCW 70.95.030, and shall have full authority to manage, regulate, operate, control, and to fix the price of service, facility, or program of those systems, plants, sites, or other facilities within and without the limits of the city or town. The rates charged shall be uniform for the same class of customers or service, facility, or program. In classifying customers served or service, facilities, and programs furnished by a system or systems of sewerage, the legislative authority of the city or town may in its discretion consider any or all of the following factors: The difference in cost of service, facilities, and programs to customers; the location of customers within and without the city or town; the difference in cost of maintenance, operation, repair, and replacement of the parts of the system; the different character of the service, facilities, and programs furnished to customers; the quantity and quality of the sewage delivered and the time of its delivery; capital contributions made to the systems, plants, sites, or other facilities, including but not limited to, assessments; and any other factors that present a reasonable difference as a ground for distinction. Rates or charges imposed under this chapter for on-site inspection and maintenance services shall reflect the allocable share of the cost of providing the program or service to the person or entity paying the charge, and may not be imposed on the development, construction, or reconstruction of property.

      A city or town may adjust or delay rates and charges and may provide other assistance to aid low-income persons in participating in programs and in complying with regulations imposed in connection with this chapter.

      Under this chapter, after January 1, 1997, any requirements for pumping the septic tank of an on-site sewage system should be based, among other things, on actual measurement of accumulation of sludge and scum by a trained operator, trained owner's agent, or trained owner. Training shall occur in a program approved by the state board of health or by a local health officer.

      Before adopting an on-site inspection and maintenance utility program, or incorporating residences into an on-site inspection and maintenance or sewer utility under this chapter, notification shall be provided, prior to the applicable public hearing, to all residences within the proposed service area that have on-site systems permitted by the local health officer. The notice shall clearly state that the residence is within the proposed service area and shall provide information on estimated rates or charges that may be imposed for the service.

      Sec. 5. RCW 36.94.010 and 1981 c 313 s 14 are each amended to read as follows:

      As used in this chapter:

      (1) A "system of sewerage" means and may include((s)) any or all of the following:

      (a) Sanitary sewage collection, treatment, and/or disposal ((sewers and)) facilities and programs, including without limitation on-site or off-site sanitary sewerage facilities ((consisting of an)) such as approved septic tanks or septic tank systems, on-site sanitary sewerage systems, inspection programs and maintenance programs for private or public on-site systems, or any other means of sewage treatment and disposal approved by the county;

      (b) Combined sanitary sewage disposal and storm or surface water drains and facilities;

      (c) Storm or surface water drains, channels, and facilities;

      (d) Outfalls for storm drainage or sanitary sewage and works, plants, and facilities for storm drainage or sanitary sewage treatment and disposal, and rights and interests in property relating to the system;

      (e) Combined water and sewerage systems;

      (f) Facilities and programs for the protection of waters of the state as defined by RCW 90.48.020 from pollution, including but not limited to monitoring water quality; monitoring point and nonpoint sources of pollution; removing or reducing water pollution; water quality education and public involvement programs; and agricultural, industrial, and commercial management practices education programs to reduce water pollution;

      (g) Public restroom and sanitary facilities;

      (h) The facilities and programs authorized in RCW 36.94.020; and

      (i) Any combination of or part of any or all of such facilities.

      (2) A "system of water" means and includes:

      (a) A water distribution system, including dams, reservoirs, aqueducts, plants, pumping stations, transmission and lateral distribution lines and other facilities for distribution of water;

      (b) A combined water and sewerage system;

      (c) Any combination of or any part of any or all of such facilities.

      (3) A "sewerage and/or water general plan" means a general plan for a system of sewerage and/or water for the county which shall be an element of the comprehensive plan established by the county pursuant to RCW 36.70.350(6) and/or chapter 35.63 RCW, if there is such a comprehensive plan.

      (a) A sewerage general plan shall include the general location and description of treatment and disposal facilities, trunk and interceptor sewers, pumping stations, monitoring and control facilities, channels, local service areas and a general description of the collection system to serve those areas, a description of on-site sanitary sewerage system inspection programs and maintenance programs, and other facilities and programs as may be required to provide a functional and implementable plan, including preliminary engineering to assure feasibility. The plan may also include a description of the regulations deemed appropriate to carrying out surface drainage plans.

      (b) A water general plan shall include the general location and description of water resources to be utilized, wells, treatment facilities, transmission lines, storage reservoirs, pumping stations, and monitoring and control facilities as may be required to provide a functional and implementable plan.

      (c) Water and/or sewerage general plans shall include preliminary engineering in adequate detail to assure technical feasibility and, to the extent then known, shall further discuss the methods of distributing the cost and expense of the system and shall indicate the economic feasibility of plan implementation. The plans may also specify local or lateral facilities and programs. The sewerage and/or water general plan does not mean the final engineering construction or financing plans for the system.

      (4) "Municipal corporation" means and includes any city, town, metropolitan municipal corporation, any public utility district which operates and maintains a sewer or water system, any sewer, water, diking, or drainage district, any diking, drainage, and sewerage improvement district, and any irrigation district.

      (5) A "private utility" means and includes all utilities, both public and private, which provide sewerage and/or water service and which are not municipal corporations within the definition of this chapter. The ownership of a private utility may be in a corporation, nonprofit or for profit, in a cooperative association, in a mutual organization, or in individuals.

      (6) "Board" means one or more boards of county commissioners and/or the legislative authority of a home rule charter county.

      Sec. 6. RCW 36.94.020 and 1981 c 313 s 1 are each amended to read as follows:

      The construction, implementation, operation, and maintenance of a system of sewerage and/or water is a county purpose. Subject to the provisions of this chapter, every county has the power, individually or in conjunction with another county or counties to adopt, provide for, accept, establish, implement, condemn, purchase, construct, add to, operate, and maintain a system or systems of sanitary and storm sewers, including outfalls, interceptors, plans, and facilities and programs necessary for sewerage treatment and disposal, and/or system or systems of water supply within all or a portion of the county: PROVIDED, That counties shall not have power to condemn sewerage and/or water systems of any municipal corporation or private utility.

      Such county or counties shall have the authority to control, regulate, implement, operate, and manage such system or systems and to provide funds therefor by general obligation bonds, revenue bonds, local improvement district bonds, utility local improvement district or local improvement district assessments, and in any other lawful fiscal manner. Rates or charges imposed under this chapter for on-site inspection and maintenance services shall reflect the allocable share of the cost of providing the program or service to the person or entity paying the charge, and may not be imposed on the development, construction, or reconstruction of property.

      Under this chapter, after January 1, 1997, any requirements for pumping the septic tank of an on-site sewage system should be based, among other things, on actual measurement of accumulation of sludge and scum by a trained operator, trained owner's agent, or trained owner. Training shall occur in a program approved by the state board of health or by a local health officer.

      Before adopting an on-site inspection and maintenance utility program, or incorporating residences into an on-site inspection and maintenance or sewer utility under this chapter, notification shall be provided, prior to the applicable public hearing, to all residences within the proposed service area that have on-site systems permitted by the local health officer. The notice shall clearly state that the residence is within the proposed service area and shall provide information on estimated rates or charges that may be imposed for the service.

      A county may, as part of a system of sewerage established under this chapter, provide for, finance, and operate any of the facilities and programs and may exercise the powers expressly authorized for county storm water, flood control, pollution prevention, and drainage programs and activities under chapters 36.89, 86.12, 86.13, and 86.15 RCW. A county also may provide for, finance, and operate the facilities and programs and may exercise any of the powers authorized for aquifer protection areas under chapter 36.36 RCW; for lake management districts under chapter 36.61 RCW; for diking districts, and diking, drainage, and sewerage improvement districts under chapters 85.05, 85.08, 85.15, 85,16, and 85.18 RCW; and for shellfish protection districts under chapter 90.72 RCW. However, if a county by reference to any of those statutes assumes as part of its system of sewerage any powers granted to such areas or districts and not otherwise available to a county under this chapter, then (1) the procedures and restrictions applicable to those areas or districts shall apply to the county's exercise of those powers, and (2) the county may not simultaneously impose rates and charges under this chapter and under the statutes authorizing such areas or districts for substantially the same programs and services, but must instead impose uniform rates and charges consistent with RCW 36.94.140. By agreement with such an area or district that is not part of a county's system of sewerage, a county may operate that area's or district's programs or facilities, but a county may not dissolve any existing area or district except in accordance with any applicable provisions of the statute under which that area or district was created.

      Sec. 7. RCW 36.94.140 and 1990 c 133 s 2 are each amended to read as follows:

      Every county, in the implementation and operation of a system of sewerage and/or water, shall have full jurisdiction and authority to manage, regulate and control it and to fix, alter, regulate and control the rates and charges for the service, facilities, and programs to those to whom such ((county)) service ((is)), facilities, and programs are available, and to levy charges for connection to such system. The rates for availability of service, facilities, programs, and connection charges so charged must be uniform for the same class of customers or service, facility, or program.

      In classifying customers served, service furnished or made available by such system of sewerage and/or water, or the connection charges, the board may consider any or all of the following factors:

      (1) The difference in cost of service to the various customers within or without the area;

      (2) The difference in cost of maintenance, operation, repair and replacement of the various parts of the systems;

      (3) The different character of the service, facilities, and programs furnished various customers;

      (4) The quantity and quality of the sewage and/or water delivered and the time of its delivery;

      (5) Capital contributions made to the system or systems, including, but not limited to, assessments;

      (6) The cost of acquiring the system or portions of the system in making system improvements necessary for the public health and safety; and

      (7) Any other matters which present a reasonable difference as a ground for distinction.

      A county may adjust or delay rates and charges and may provide other assistance to aid low-income persons in participating in programs and in complying with regulations imposed in connection with this chapter.

      Such rates shall produce revenues sufficient to take care of the costs of maintenance and operation, revenue bond and warrant interest and principal amortization requirements, and all other charges necessary for the efficient and proper operation of the system.

      Sec. 8. RCW 54.16.230 and 1975 1st ex.s. c 57 s 1 are each amended to read as follows:

      A public utility district may acquire, construct, operate, maintain, and add to sewage systems, subject to and in compliance with the county comprehensive plan, under the general powers of Title 54 RCW or through the formation of local utility districts as provided in RCW 54.16.120 through 54.16.170: PROVIDED, That prior to engaging in any sewage system works as authorized by this section, the voters of the public utility district shall first approve by majority vote a referendum proposition authorizing such district to exercise the powers set forth in this section, which proposition shall be presented at a general election. A sewage system may include any or all of the following:

      (1) Sanitary sewage collection, treatment, and/or disposal facilities and programs, including without limitation on-site or off-site sewerage facilities such as approved on-site sewage systems, on-site sanitary sewerage systems, inspection programs and maintenance programs for public or private on-site systems, or any other means of sewage treatment and disposal;

      (2) Facilities and programs for the protection of waters of the state as defined by RCW 90.48.020 from pollution, including but not limited to monitoring water quality; monitoring point and nonpoint sources of pollution; preventing, removing, or reducing water pollution; water quality education and public involvement programs; and agricultural, industrial, and commercial management practices education programs to reduce water pollution; and

      (3) Public restroom and sanitary facilities.

      Rates or charges imposed under this chapter for on-site inspection and maintenance services shall reflect the allocable share of the cost of providing the program or service to the person or entity paying the charge, and may not be imposed on the development, construction, or reconstruction of property.

      A public utility district may adjust or delay rates and charges and may provide other assistance to aid low-income persons in complying with regulations imposed in connection with this section.

      Under this chapter, after January 1, 1997, any requirements for pumping the septic tank of an on-site sewage system should be based, among other things, on actual measurement of accumulation of sludge and scum by a trained operator, trained owner's agent, or trained owner. Training shall occur in a program approved by the state board of health or by a local health officer.

      Before adopting an on-site inspection and maintenance utility program, or incorporating residences into an on-site inspection and maintenance or sewer utility under this chapter, notification shall be provided, prior to the applicable public hearing, to all residences within the proposed service area that have on-site systems permitted by the local health officer. The notice shall clearly state that the residence is within the proposed service area and shall provide information on estimated rates or charges that may be imposed for the service.

      Sec. 9. RCW 56.08.010 and 1989 c 389 s 2 and 1989 c 308 s 1 are each reenacted and amended to read as follows:

      A sewer district may acquire by purchase or by condemnation and purchase all lands, property rights, water, and water rights, both within and without the district, necessary for its purposes. A sewer district may lease real or personal property necessary for its purposes for a term of years for which such leased property may reasonably be needed where in the opinion of the board of sewer commissioners such property may not be needed permanently or substantial savings to the district can be effected thereby. The right of eminent domain shall be exercised in the same manner and by the same procedure as provided for cities and towns, insofar as consistent with the provisions of this title, except that all assessments or reassessment rolls required to be filed by eminent domain commissioners or commissioners appointed by the court shall be prepared and filed by the district, and the duties devolving upon the city treasurer shall be imposed upon the county treasurer for the purposes hereof. A sewer district may construct, condemn and purchase, add to, maintain, and operate systems of sewers for the purpose of furnishing the district and inhabitants thereof with an adequate system of sewers for all uses and purposes, public and private, including but not limited to on-site sewage disposal facilities, approved septic tanks or approved septic tank systems, on-site sanitary sewerage systems, inspection programs and maintenance programs for private and public on-site systems, other facilities, programs, and systems for the collection, interception, treatment, and disposal of wastewater, and for the control of pollution from wastewater and for the protection, preservation, and rehabilitation of surface and underground waters, facilities for the drainage of storm or surface waters, public highways, streets, and roads with full authority to regulate the use, implementation, and operation thereof and the service rates to be charged and may construct, acquire, or own buildings and other necessary district facilities. Under this chapter, after January 1, 1997, any requirements for pumping the septic tank of an on-site sewage system should be based, among other things, on actual measurement of accumulation of sludge and scum by a trained operator, trained owner's agent, or trained owner. Training shall occur in a program approved by the state board of health or by a local health officer. Such sewage facilities may include facilities which result in combined sewage disposal, treatment, or drainage and electric generation, provided that the electricity generated thereby is a byproduct of the system of sewers. Such electricity may be used by the sewer district or sold to any entity authorized by law to distribute electricity. Such electricity is a byproduct when the electrical generation is subordinate to the primary purpose of sewage disposal, treatment, or drainage. For such purposes a district may conduct sewage throughout the district and throughout other political subdivisions within the district, and construct and lay sewer pipe along and upon public highways, roads, and streets, within and without the district, and condemn and purchase or acquire land and rights of way necessary for such sewer pipe. A district may erect sewage treatment plants, within or without the district, and may acquire by purchase or condemnation, properties or privileges necessary to be had to protect any lakes, rivers, or watercourses and also other areas of land from pollution, from its sewers or its sewage treatment plant. For the purposes of sewage facilities which include facilities which result in combined sewage disposal, treatment, or drainage and electric generation where the electric generation is a byproduct, nothing in this section may be construed to authorize a district to condemn electric generating, transmission, or distribution rights or facilities of entities authorized by law to distribute electricity, or to acquire such rights or facilities without the consent of the owner. A district may charge property owners seeking to connect to the district system of sewers, as a condition to granting the right to so connect, in addition to the cost of such connection, such reasonable connection charge as the board of commissioners shall determine to be proper in order that such property owners shall bear their equitable share of the cost of such system. For purposes of calculating a connection charge, the board of commissioners shall determine the pro rata share of the cost of existing facilities and facilities planned for construction within the next ten years and contained in an adopted comprehensive plan and other costs borne by the district which are directly attributable to the improvements required by property owners seeking to connect to the system. The cost of existing facilities shall not include those portions of the system which have been donated or which have been paid for by grants.

      The connection charge may include interest charges applied from the date of construction of the sewer system until the connection, or for a period not to exceed ten years, whichever is shorter, at a rate commensurate with the rate of interest applicable to the district at the time of construction or major rehabilitation of the sewer system, or at the time of installation of the sewer lines to which the property owner is seeking to connect.

      A district may permit payment of the cost of connection and the reasonable connection charge to be paid with interest in installments over a period not exceeding fifteen years. The county treasurer may charge and collect a fee of three dollars per parcel for each year for the treasurer's services. Such fees shall be a charge to be included as part of each annual installment, and shall be credited to the county current expense fund by the county treasurer. A district may compel all property owners within the sewer district located within an area served by the district system of sewers to connect their private drain and sewer systems with the district system under such penalty as the sewer commissioners shall prescribe by resolution. The district may for such purpose enter upon private property and connect the private drains or sewers with the district system and the cost thereof shall be charged against the property owner and shall be a lien upon property served.

      Revenues from connection charges excluding permit fees are to be considered payments in aid of construction as defined by department of revenue rule. Rates or charges imposed under this chapter for on-site inspection and maintenance services shall reflect the allocable share of the cost of providing the program or service to the person or entity paying the charge, and may not be imposed on the development, construction, or reconstruction of property.

      Before adopting an on-site inspection and maintenance utility program, or incorporating residences into an on-site inspection and maintenance or sewer utility under this chapter, notification shall be provided, prior to the applicable public hearing, to all residences within the proposed service area that have on-site systems permitted by the local health officer. The notice shall clearly state that the residence is within the proposed service area and shall provide information on estimated rates or charges that may be imposed for the service.

      Sec. 10. RCW 56.08.020 and 1990 1st ex.s. c 17 s 34 are each amended to read as follows:

      The sewer commissioners before ordering any improvements hereunder or submitting to vote any proposition for incurring indebtedness shall adopt a general comprehensive plan for a system of sewers for the district. They shall investigate all portions and sections of the district and select a general comprehensive plan for a system of sewers for the district suitable and adequate for present and reasonably foreseeable future needs thereof. The general comprehensive plan shall provide for treatment plants and other methods and programs, if any, for the prevention, control, and reduction of water pollution and for the treatment and disposal of sewage and industrial and other liquid wastes now produced or which may reasonably be expected to be produced within the district and shall, for such portions of the district as may then reasonably be served, provide for the acquisition or construction and installation of laterals, trunk sewers, intercepting sewers, syphons, pumping stations, or other sewage collection facilities. The general comprehensive plan shall provide the method of distributing the cost and expense of the sewer system and programs provided therein against the district and against utility local improvement districts within the district, including any utility local improvement district lying wholly or partially within any other political subdivision included in the district; and provide whether the whole or some part of the cost and expenses shall be paid from sewer revenue bonds. The commissioners may employ such engineering and legal services as they deem necessary in carrying out the purposes hereof.

      The general comprehensive plan shall be adopted by resolution and submitted to an engineer designated by the legislative authority of the county in which fifty-one percent or more of the area of the district is located, and to the director of health of the county in which the district or any portion thereof is located, and must be approved in writing by the engineer and director of health. The general comprehensive plan shall be approved, conditionally approved, or rejected by the director of health within sixty days of the plan's receipt and by the designated engineer within sixty days of the plan's receipt. However, this sixty-day time limitation may be extended by the director of health or engineer for up to an additional sixty days if sufficient time is not available to review adequately the general comprehensive plans.

      Before becoming effective, the general comprehensive plan shall also be submitted to, and approved by resolution of, the legislative authority of every county within whose boundaries all or a portion of the sewer district lies. The general comprehensive plan shall be approved, conditionally approved, or rejected by each of these county legislative authorities pursuant to the criteria in RCW 56.02.060 for approving the formation, reorganization, annexation, consolidation, or merger of sewer districts, and the resolution, ordinance, or motion of the legislative body which rejects the comprehensive plan or a part thereof shall specifically state in what particular the comprehensive plan or part thereof rejected fails to meet these criteria. The general comprehensive plan shall not provide for the extension or location of facilities that are inconsistent with the requirements of RCW 36.70A.110. Nothing in this chapter shall preclude a county from rejecting a proposed plan because it is in conflict with the criteria in RCW 56.02.060. Each general comprehensive plan shall be deemed approved if the county legislative authority fails to reject or conditionally approve the plan within ninety days of submission to the county legislative authority or within thirty days of a hearing on the plan when the hearing is held within ninety days of the plan's submission to the county legislative authority. However, a county legislative authority may extend this ninety-day time limitation by up to an additional ninety days where a finding is made that ninety days is insufficient to review adequately the general comprehensive plan. In addition, the sewer commissioners and the county legislative authority may mutually agree to an extension of the deadlines in this section.

      If the district includes portions or all of one or more cities or towns, the general comprehensive plan shall be submitted also to, and approved by resolution of, the governing body of such cities and towns before becoming effective. The general comprehensive plan shall be deemed approved by the city or town governing body if the city or town governing body fails to reject or conditionally approve the plan within ninety days of the plan's submission to the city or town or within thirty days of a hearing on the plan when the hearing is held within ninety days of submission to the county legislative authority. However, a city or town governing body may extend this time limitation by up to an additional ninety days where a finding is made that insufficient time exists to adequately review the general comprehensive plan within these time limitations. In addition, the sewer commissioners and the city or town governing body may mutually agree to an extension of the deadlines in this section.

      Before becoming effective, any amendment to, alteration of, or addition to, a general comprehensive plan shall also be subject to such approval as if it were a new general comprehensive plan: PROVIDED, That only if the amendment, alteration, or addition, affects a particular city or town, shall the amendment, alteration, or addition be subject to approval by such particular city or town governing body.

      Sec. 11. RCW 56.16.090 and 1991 c 347 s 19 are each amended to read as follows:

      The sewer commissioners of any sewer district, in the event that such sewer revenue bonds are issued, shall provide for revenues by fixing rates and charges for the furnishing of sewerage disposal service, facilities, and programs to those to whom such service is available. Such rates and charges may be combined for the furnishing of more than one type of sewer service, facility, and program such as but not limited to storm or surface water and sanitary. Such rates and charges are to be fixed as deemed necessary by such sewer commissioners, so that uniform charges will be made for the same class of customer or service, facility, and program.

      In classifying customers served or service, facility, or program furnished by such system of sewerage, the board of commissioners may in its discretion consider any or all of the following factors: The difference in cost ((of service)) to the various customers; the location of the various customers within and without the district; the difference in cost of maintenance, operation, repair, and replacement of the various parts of the system; the different character of the service, facility, or program furnished various customers; the quantity and quality of the sewage delivered and the time of its delivery; the achievement of water conservation goals and the discouragement of wasteful water use practices; capital contributions made to the system including but not limited to assessments; and any other matters which present a reasonable difference as a ground for distinction. Such rates are to be made on a monthly basis and shall produce revenues sufficient to take care of the costs of maintenance and operation, revenue bond and warrant interest and principal amortization requirements, and all other charges necessary for efficient and proper operation of the system.

      Sec. 12. RCW 57.08.065 and 1981 c 45 s 11 are each amended to read as follows:

      In addition to the powers now given water districts by law, they shall also have power to establish, maintain and operate a mutual water and ((sewer)) sewerage system or a separate ((sewer)) system of sewerage within their water district area in the same manner as provided by law for the doing thereof in connection with water supply systems.

      In addition thereto, a water district constructing, maintaining ((and)), operating, and implementing a ((sanitary sewer)) system of sewerage may exercise all the powers permitted to a sewer district under Title 56 RCW, including, but not limited to, the right to compel connections to the district's system, liens for delinquent sewer connection charges or sewer service charges, and all other powers presently exercised by or which may be hereafter granted to such sewer districts: PROVIDED, That a water district may not exercise sewer district powers in any area within its boundaries which is part of an existing district which previously shall have been duly authorized to exercise sewer district powers in such area without the consent by resolution of the board of commissioners of such other district: PROVIDED FURTHER, That no water district shall proceed to exercise the powers herein granted to establish, maintain, construct and operate any ((sewer)) system of sewerage without first obtaining written approval and certification of necessity so to do from the department of ecology and department of ((social and)) health ((services)). Any comprehensive plan for a system of sewers or addition thereto or betterment thereof shall be approved by the same county and state officials as are required to approve such plans adopted by a sewer district.

      A water district shall have the power to issue general obligation bonds for sewer system purposes: PROVIDED, That a proposition to authorize general obligation bonds payable from excess tax levies for sewer system purposes pursuant to chapter 56.16 RCW shall be submitted to all of the qualified voters within that part of the water district which is not contained within another existing district duly authorized to exercise sewer district powers, and the taxes to pay the principal of and interest on the bonds approved by such voters shall be levied only upon all of the taxable property within such part of the water district.

      Sec. 13. RCW 90.72.040 and 1992 c 100 s 3 are each amended to read as follows:

      (1) The county legislative authority may create a shellfish protection district on its own motion or by submitting the question to the voters of the proposed district and obtaining the approval of a majority of those voting. The boundaries of the district shall be determined by the legislative authority. The legislative authority may create more than one district. A district may include any area or areas within the county, whether incorporated or unincorporated. Counties shall coordinate and cooperate with cities, towns, and water-related special districts within their boundaries in establishing shellfish protection districts and carrying out shellfish protection programs. Where a portion of the proposed district lies within an incorporated area, the county shall develop procedures for the participation of the city or town in the determination of the boundaries of the district and the administration of the district, including funding of the district's programs. The legislative authority of more than one county may by agreement provide for the creation of a district including areas within each of those counties. County legislative authorities are encouraged to coordinate their plans and programs to protect shellfish growing areas, especially where shellfish growing areas are located within the boundaries of more than one county. The legislative authority or authorities creating a district may abolish a shellfish protection district on its or their own motion or by submitting the question to the voters of the district and obtaining the approval of a majority of those voting.

      (2) If the county legislative authority creates a shellfish protection district by its own motion, any registered voter residing within the boundaries of the shellfish protection district may file a referendum petition to repeal the ordinance that created the district. Any referendum petition to repeal the ordinance creating the shellfish protection district shall be filed with the county auditor within seven days of passage of the ordinance. Within ten days of the filing of a petition, the county auditor shall confer with the petitioner concerning form and style of the petition, issue an identification number for the petition, and write a ballot title for the measure. The ballot title shall be posed as a question so that an affirmative answer to the question and an affirmative vote on the measure results in creation of the shellfish protection district and a negative answer to the question and a negative vote on the measure results in the shellfish protection district not being created. The petitioner shall be notified of the identification number and ballot title within this ten-day period.

      After this notification, the petitioner shall have thirty days in which to secure on petition forms the signatures of not less than twenty-five percent of the registered voters residing within the boundaries of the shellfish protection district and file the signed petitions with the county auditor. Each petition form shall contain the ballot title and full text of the measure to be referred. The county auditor shall verify the sufficiency of the signatures on the petitions. If sufficient valid signatures are properly submitted, the county auditor shall submit the referendum measure to the registered voters residing in the shellfish protection district in a special election no later than one hundred twenty days after the signed petition has been filed with the county auditor. The special election may be conducted by mail ballot as provided for in chapter 29.36 RCW.

      (3) The county legislative authority shall not impose fees, rates, or charges for shellfish protection district programs upon properties on which fees, rates, or charges are imposed ((to pay for another program to eliminate or decrease contamination in storm water runoff)) under chapter 36.89 or 36.94 RCW for substantially the same programs and services.

      NEW SECTION. Sec. 14. Nothing in this act may be deemed to eliminate any requirements for approval from public health agencies under applicable law in connection with the siting, design, construction, and repair of on-site septic systems.

      NEW SECTION. Sec. 15. Section 8 of this act shall take effect January 1, 1996."


MOTIONS


      On motion of Senator Fraser, the following title amendment was adopted:

      On page 1, line 2 of the title, after "sewerage;" strike the remainder of the title and insert "amending RCW 35.67.010, 35.67.020, 35.92.020, 36.94.010, 36.94.020, 36.94.140, 54.16.230, 56.08.020, 56.16.090, 57.08.065, and 90.72.040; reenacting and amending RCW 56.08.010; creating new sections; and providing an effective date."

      On motion of Senator Fraser, the rules were suspended, Engrossed Substitute Senate Bill No. 5247 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5247.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5247 and the bill passed the Senate by the following vote: Yeas, 47; Nays, 2; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, C., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 47.

      Voting nay: Senators Anderson, A. and Newhouse - 2.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5247, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      At 5:01 p.m., on motion of Senator Spanel, the Senate was declared to be at ease


      The Senate was called to order at 5:55 p.m. by President Pritchard.


SECOND READING



      SENATE BILL NO. 5852, by Senators Drew, Sheldon, Wood, Prince, Oke and Winsley (by request of Secretary of State Munro)

 

Revising the presidential primary.


      The bill was read the second time.


MOTIONS


      On motion of Senator Drew, the following amendments by Senators Drew, Cal Anderson, Haugen and Winsley was adopted:

      On page 1, beginning on line 7, strike the remainder of section 1 and insert the following:

      "(1) On the ((fourth)) second Tuesday in ((May)) March of each year ((when)) in which a president of the United States is to be nominated and elected, or such other date as may be ((selected)) proposed by the secretary of state, and approved under subsection (2) of this section, to advance the concept of a regional primary, a presidential preference primary shall be held at which voters may express their preferences as to who should be the nominee of ((a)) each major political party for the office of president.

      (2) The committee on the presidential primary must approve, by a majority vote, any change in the date of the presidential preference primary proposed by the secretary of state. The committee consists of the majority leader and the minority leader of the senate, the speaker and the minority leader of the house of representatives, the chair and the vice-chair of the state central committee of each major political party, and the secretary of state. The secretary of state shall convene the committee as needed and preside over its meetings. A committee member may appoint a designee to serve on his or her behalf."

      On motion of Senator Drew, the rules were suspended, Engrossed Senate Bill No. 5852 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5852.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5852 and the bill passed the Senate by the following vote: Yeas, 49; Nays, 0; Absent, 0; Excused, 0.

      Voting yea: Senators Anderson, A., Anderson, C., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 49.

      ENGROSSED SENATE BILL NO. 5852, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 6044, by Senators Owen, Prince and Kohl

 

Revising the selection process for transportation systems and facilities demonstration projects.


MOTIONS


      On motion of Senator Owen, Substitute Senate Bill No. 6044 was substituted for Senate Bill No. 6044 and the substitute bill was placed on second reading and read the second time.

      Senator Owen moved that the following amendment by Senators Owen, Quigley, Long, Prince, Finkbeiner, Wood, Schow, Roach and Kohl be adopted:

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 47.46.010 and 1993 c 370 s 1 are each amended to read as follows:

      The legislature finds and declares:

      It is essential for the economic, social, and environmental well-being of the state and the maintenance of a high quality of life that the people of the state have an efficient transportation system.

      The ability of the state to provide an efficient transportation system will be enhanced by a public-private sector program providing for private entities to undertake all or a portion of the study, planning, design, development, financing, acquisition, installation, construction or improvement, operation, and maintenance of transportation systems and facility projects.

      A public-private initiatives program will provide benefits to both the public and private sectors. Public-private initiatives provide a sound economic investment opportunity for the private sector. Such initiatives will provide the state with increased access to property development and project opportunities, financial and development expertise, and will supplement state transportation revenues, allowing the state to use its limited resources for other needed projects.

      The public-private initiatives program, to the fullest extent possible, should encourage and promote business and employment opportunities for Washington state citizens.

      The public-private initiatives program should be implemented in cooperation and consultation with affected local jurisdictions.

      The secretary of transportation should be permitted and encouraged to test the feasibility of building privately funded transportation systems and facilities or segments thereof through the use of innovative agreements with the private sector. The secretary of transportation should be vested with the authority to solicit, evaluate, negotiate, and administer public-private agreements with the private sector relating to the planning, construction, upgrading, or reconstruction of transportation systems and facilities.

      Agreements negotiated under a public-private initiatives program will not bestow on private entities an immediate right to construct and operate the proposed transportation facilities. Rather, agreements will grant to private entities the opportunity to design the proposed facilities, demonstrate public support for proposed facilities, and complete the planning processes required in order to obtain a future decision by the department of transportation and other state and local lead agencies on whether the facilities should be permitted and built.

      Agreements negotiated under the public-private initiative's program should establish the conditions under which the private developer may secure the approval necessary to develop and operate the proposed transportation facilities; create a framework to attract the private capital necessary to finance their development; and ensure that the transportation facilities will be designed, constructed, and operated in accordance with applicable local, regional, state, and federal laws and the applicable standards and policies of the department of transportation.

      The department of transportation should be encouraged to take advantage of new opportunities provided by federal legislation under section 1012 of the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA). That section establishes a new program authorizing federal participation in construction or improvement or improvement of publicly or privately owned toll roads, bridges, and tunnels, and allows states to leverage available federal funds as a means for attracting private sector capital.

      Sec. 2. RCW 47.46.030 and 1993 c 370 s 3 are each amended to read as follows:

      (1) The secretary or a designee shall solicit proposals from, and negotiate and enter into agreements with, private entities to undertake as appropriate, together with the department and other public entities, all or a portion of the study, planning, design, construction, operation, and maintenance of transportation systems and facilities, using in whole or in part private sources of financing.

      The public-private initiative program may develop up to six demonstration projects. Each proposal shall be weighed on its own merits, and each of the six agreements shall be negotiated individually, and as a stand-alone project. The commission shall approve each of the selected projects.

      ((Proposals and demonstration projects may be selected by the public and private sectors at their discretion.))

      (2) Projects selected prior to and after September 1, 1994, must comply with the requirements of subsections (3) through (8) of this section.

      (3) No projects selected or agreements entered into under this chapter take effect until the department conducts a comprehensive analysis of traffic patterns and economic impact to determine and define the geographical boundary of the area of the project that is most affected by the imposition of tolls or user fees authorized under this chapter. The area so defined is referred to in this section as the affected project area. In defining the affected project area, the department in consultation with the legislative transportation committee shall, at a minimum, undertake: (a) A comparison of the estimated percentage of residents of communities in the vicinity of and impacted by the project who could be subject to tolls or user fees and the estimated percentage of other users and transient traffic that could be subject to tolls or user fees; (b) anticipated traffic diversion patterns; and (c) potential economic impact resulting from proposed toll rates or user fee rates imposed on residents of and commercial traffic and commercial entities in communities in the vicinity of and impacted by the project. The department shall provide the legislative transportation committee with progress reports on the status of the definition of the affected project.

      (4) After a determination and definition by the department of the affected project area, the department shall conduct a minimum thirty-day public comment period. Within fifteen days following the public comment period, the legislative transportation committee may conduct a hearing on the defined affected project area. The department may make adjustments to the definition of the geographical boundary of the affected project area, based on comments received from the public and a hearing by the legislative transportation committee. Within thirty days after the public comment period, the department shall establish the boundaries of the affected project area in units no smaller than a precinct as defined by RCW 29.01.120.

      (5) The department shall establish a process that provides for public involvement in decision making with respect to the affected project area. In carrying out the public involvement process the department shall proactively seek public participation through a process appropriate to the characteristics of the affected project area that assesses overall public support among users and residents of the affected project area. Such public involvement process shall provide opportunities for users and residents of the affected project area to comment upon key issues regarding the project including, but not limited to: (a) Alternative sizes and scopes; (b) design; (c) environmental assessment; (d) right of way and access plans; (e) traffic impacts; (f) tolling or user fee strategies and tolling or user fee ranges; (g) project cost; (h) construction impacts; (i) facility operation; and (j) any other salient characteristics.

      (6) The results of the public involvement process shall be made available for public review and comment.

      The department shall provide the legislative transportation committee with progress reports on the status of the public involvement process. The results of such public involvement process, including public comment, shall be forwarded to the legislative transportation committee for its review. Within forty-five calendar days of submission of such information, the legislative transportation committee shall conduct a public hearing regarding the results of the public involvement process. Taking into account the information submitted, the legislative transportation committee shall adopt a resolution making a recommendation to the secretary of the department of transportation regarding the appropriateness of the definition of the affected project area and the project description and characteristics.

      (7) In response to the recommendation of the legislative transportation committee, the secretary, within two weeks after receipt of legislative transportation committee recommendation, shall transmit a copy of the map depicting the affected project area and the project description and characteristics to the county auditor of the county in which any portion of the affected project area is located.

      (8) Upon receipt of the map and the project description and characteristics, the county auditor shall, within sixty days, verify the precincts that are located within the affected project area. The county auditor shall prepare the text identifying and describing the affected project area and the project and shall set a special election date for the submission of a ballot proposition authorizing the imposition of tolls or user fees within the affected project area. The text of the project must appear in a voter's pamphlet for the affected project area. The department shall pay for the costs of publication and distribution. The special election date must be the next date for a special election provided under RCW 29.13.020 that is at least sixty days but, if authorized under RCW 29.13.020, no more than ninety days after receipt of the final map and project description and characteristics by the auditor. The department shall pay the costs of an election held under this section. A simple majority of those voting within the affected project area to authorize tolls or user fees within the project area is required for approval. If the vote is affirmative, the department is authorized to solicit proposals for replacement projects. If the vote is affirmative for a project selected prior to September 1, 1994, the department may enter into an agreement authorized under RCW 47.46.040 with a private entity.

      (9) All projects designed, constructed, and operated under this authority must comply with all applicable rules and statutes in existence at the time the agreement is executed, including but not limited to the following provisions: Chapter 39.12 RCW, this title, RCW 41.06.380, chapter 47.64 RCW, RCW 49.60.180, and 49 C.F.R. Part 21.

      (10) The secretary or a designee shall consult with legal, financial, and other experts within and outside state government in the negotiation and development of the agreements.

      Sec. 3. RCW 47.46.040 and 1993 c 370 s 4 are each amended to read as follows:

      Agreements shall provide for private ownership of the projects during the construction period. After completion and final acceptance of each project or discrete segment thereof, the agreement shall provide for state ownership of the transportation systems and facilities and lease to the private entity unless the state elects to provide for ownership of the facility by the private entity during the term of the agreement.

      The state shall lease each of the demonstration projects, or applicable project segments, to the private entities for operating purposes for up to fifty years.

      The department may exercise any power possessed by it to facilitate the development, construction, financing, operation, and maintenance of transportation projects under this chapter. Agreements for maintenance services entered into under this section shall provide for full reimbursement for services rendered by the department or other state agencies. Agreements for police services for projects developed under ((the)) agreements may be entered into with ((any qualified law enforcement agency, and shall provide for full reimbursement for services rendered by that agency)) the Washington state patrol. The agreement for police services shall provide that the state patrol will be reimbursed for costs on a comparable basis with the costs incurred on other state highway facilities. The department may provide services for which it is reimbursed, including but not limited to preliminary planning, environmental certification, and preliminary design of the demonstration projects.

      The plans and specifications for each project constructed under this section shall comply with the department's standards for state projects. A facility constructed by and leased to a private entity is deemed to be a part of the state highway system for purposes of identification, maintenance, and enforcement of traffic laws and for the purposes of applicable sections of this title. Upon reversion of the facility to the state, the project must meet all applicable state standards. Agreements shall address responsibility for reconstruction or renovations that are required in order for a facility to meet all applicable state standards upon reversion of the facility to the state.

      For the purpose of facilitating these projects and to assist the private entity in the financing, development, construction, and operation of the transportation systems and facilities, the agreements may include provisions for the department to exercise its authority, including the lease of facilities, rights of way, and airspace, exercise of the power of eminent domain, granting of development rights and opportunities, granting of necessary easements and rights of access, issuance of permits and other authorizations, protection from competition, remedies in the event of default of either of the parties, granting of contractual and real property rights, liability during construction and the term of the lease, authority to negotiate acquisition of rights of way in excess of appraised value, and any other provision deemed necessary by the secretary.

      The agreements entered into under this section may include provisions authorizing the state to grant necessary easements and lease to a private entity existing rights of way or rights of way subsequently acquired with public or private financing. The agreements may also include provisions to lease to the entity airspace above or below the right of way associated or to be associated with the private entity's transportation facility. In consideration for the reversion rights in these privately constructed facilities, the department may negotiate a charge for the lease of airspace rights during the term of the agreement for a period not to exceed fifty years. If, after the expiration of this period, the department continues to lease these airspace rights to the private entity, it shall do so only at fair market value. The agreement may also provide the private entity the right of first refusal to undertake projects utilizing airspace owned by the state in the vicinity of the public-private project.

      Agreements under this section may include any contractual provision that is necessary to protect the project revenues required to repay the costs incurred to study, plan, design, finance, acquire, build, install, operate, enforce laws, and maintain toll highways, bridges, and tunnels and which will not unreasonably inhibit or prohibit the development of additional public transportation systems and facilities. Agreements under this section must secure and maintain liability insurance coverage in amounts appropriate to protect the project's viability and may address state indemnification of the private entity for design and construction liability where the state has approved relevant design and construction plans.

      Nothing in this chapter limits the right of the secretary and his or her agents to render such advice and to make such recommendations as they deem to be in the best interests of the state and the public.

      Sec. 4. RCW 47.46.050 and 1993 c 370 s 5 are each amended to read as follows:

      (1) The department may enter into agreements using federal, state, and local financing in connection with the projects, including without limitation, grants, loans, and other measures authorized by section 1012 of ISTEA, and to do such things as necessary and desirable to maximize the funding and financing, including the formation of a revolving loan fund to implement this section.

      (2) Agreements entered into under this section shall authorize the private entity to lease the facilities within a designated area or areas from the state and to impose user fees or tolls within the designated area to allow a reasonable rate of return on investment, as established through a negotiated agreement between the state and the private entity. The negotiated agreement shall determine a maximum rate of return on investment, based on project characteristics. If the negotiated rate of return on investment is not affected, the private entity may establish and modify toll rates and user fees.

      (3) Agreements may establish "incentive" rates of return beyond the negotiated maximum rate of return on investment. The incentive rates of return shall be designed to provide financial benefits to the affected public jurisdictions and the private entity, given the attainment of various safety, performance, or transportation demand management goals. The incentive rates of return shall be negotiated in the agreement.

      (4) Agreements shall require that over the term of the ownership or lease the user fees or toll revenues be applied only to payment of the private entity's capital outlay costs for the project, including interest expense, the costs associated with construction, operations, toll collection, maintenance and administration of the ((facility)) project, reimbursement to the state for all costs associated with an election as required under RCW 47.46.030, the costs of project review and oversight, technical and law enforcement services, establishment of a fund to assure the adequacy of maintenance expenditures, and a reasonable return on investment to the private entity. ((The use of any excess toll revenues or user fees may be negotiated between the parties.

      After expiration of the lease of a facility to a private entity, the secretary may continue to charge user fees or tolls for the use of the facility, with these revenues to be used for operations and maintenance of the facility, or to be paid to the local transportation planning agency, or any combination of such uses.)) A negotiated agreement shall not extend the term of the ownership or lease beyond the period of time required for payment of the private entity's capital outlay costs for the project under subsection (4) of this section."


MOTION


      Senator Quigley moved that the following amendment by Senators Quigley, Finkbeiner and Long to the striking amendment by Senators Owen, Quigley, Long, Prince, Finkbeiner, Wood, Schow, Roach and Kohl be adopted:

      On page 2, after line 10, insert the following:

      "The legislature finds that in the case of Highway 522, selected under this chapter, public support has not been demonstrated and therefore the secretary shall not proceed. Among the demonstrations of nonsupport for inclusion of Highway 522 are:

      (1) Over sixteen thousand citizens have signed petitions in opposition to the toll project;

      (2) The majority of city councilmembers in Monroe, Duvall, and Index have made public statements opposing the toll project, and that the Woodinville chamber of commerce has officially opposed the toll project;

      (3) No city council or chamber of commerce in the area has favored the toll project;

      (4) Of the five hundred individuals who attended the public information hearings on the toll proposal, four hundred fifty-eight signed a petition requesting that the proposal be rejected;

      (5) Businesses in Monroe, Woodinville, Duvall, Snohomish, Sultan, Startup, Gold Bar, Index, Skykomish, and Stevens Pass are extremely dependent on Highway 522 for commerce, that due to the rural nature of these areas no alternative for commerce exists, and that a toll on Highway 522 would severely inhibit their ability to stay in business; and

      (6) In an informal poll of residents who currently use Highway 522 to shop, eighty-one and one-half percent of the respondents claimed they would be unlikely to continue shopping at these stores if a toll were imposed."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendment by Senators Quigley, Finkbeiner and Long on page 2, after line 10, to the striking amendment by Senators Owen, Quigley, Long, Prince, Finkbeiner, Wood, Schow, Roach and Kohl to Substitute Senate Bill No. 6044.

      The motion by Senator Quigley carried and the amendment to the striking amendment was adopted.


MOTION


      On motion of Senator Long, the following amendments by Senators Long, Quigley, Owen and Prince to the striking amendment by Senators Owen, Quigley, Long, Prince, Finkbeiner, Wood, Schow, Roach and Kohl were considered simultaneously and were adopted:

      On page 3, after line 4, insert the following:

      "(2) A state transportation system or facility selected as a demonstration project under this chapter, that is designated by the commission as a prioritized improvement project under the comprehensive six-year investment program set forth in RCW 47.05.051, shall not be reprioritized as a result of its selection as a demonstration project. As state funds become available, the funds must be used toward the capital costs of the demonstration project, or in the case of a project developed in phases, for the phase or segment. If no state funding is required to finance the demonstration project, state funds that become available for such project under RCW 47.05.051 instead must be used (a) to reduce the rate of tolls or user fees imposed on the demonstration project, or (b) for improvements on alternative state or local nontoll routes that provide a reasonable, free, and convenient access alternative to the demonstration project."

      Renumber the remaining subsections consecutively and correct internal references accordingly.

      On page 8, after line 31, insert the following:

      "NEW SECTION. Sec. 5. A new section is added to chapter 47.05 RCW to read as follows:

      RCW 47.46.030(2) applies to this chapter."


      The President declared the question before the Senate to be the adoption of the striking amendment by Senators Owen, Quigley, Long, Prince, Finkbeiner, Wood, Schow, Roach and Kohl, as amended, to Substitute Senate Bill No. 6044.

      Debate ensued.

      The striking amendment by Senators Owen, Quigley, Long, Prince, Finkbeiner, Wood, Schow, Roach and Kohl, as amended, was adopted.


MOTIONS


      On motion of Senator Owen, the following title amendments were considered simultaneously and were adopted:

      On page 1, line 1 of the title, after "facilities;" strike the remainder of the title and insert "and amending RCW 47.46.010, 47.46.030, 47.46.040, and 47.46.050."

      On page 9, line 5 of the title amendment, after "insert" strike the remainder of the title amendment and insert "amending RCW 47.46.010, 47.46.030, 47.46.040, and 47.46.050; and adding a new section to chapter 47.05 RCW."

      On motion of Senator Owen, the rules were suspended, Engrossed Substitute Senate Bill No. 6044 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.


MOTION


      On motion of Senator Ann Anderson, Senator McDonald was excused.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 6044.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 6044 and the bill passed the Senate by the following vote: Yeas, 36; Nays, 12; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, C., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Heavey, Johnson, Kohl, Long, McAuliffe, Morton, Moyer, Owen, Pelz, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, Wojahn and Wood - 36.

      Voting nay: Senators Anderson, A., Haugen, Hochstatter, Loveland, McCaslin, Newhouse, Oke, Palmer, Prentice, Sheldon, West and Winsley - 12.

      Excused: Senator McDonald - 1.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 6044, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 5361, by Senators Smith and Heavey

 

Assisting areas impacted by aircraft noise.


      The bill was read the second time.


MOTION


      Senator Haugen moved that the following amendment by Senators Haugen and Winsley be adopted:

      Strike everything after the enacting clause and insert the following:

      "Sec. 1. RCW 53.54.020 and 1984 c 193 s 1 are each amended to read as follows:

      ((Prior to)) (1) Before initiating programs as authorized in this chapter, the port commission shall ((undertake the investigation and monitoring of)) investigate and monitor aircraft noise impacts to determine the nature and extent of the impacts, and shall develop aircraft noise exposure maps diagramming the DNL (Day-Night Level) contour of the noise-impacted areas. Investigation and monitoring must occur periodically as required under 14 C.F.R. Sec. 150.21(a), and the investigation and monitoring must conform to the methodologies accepted and recommended by the Federal Aviation Administration for measuring noise impacts.

      (2) The port commission shall adopt a program of noise impact abatement based upon the investigations and as amended periodically to conform to needs demonstrated by the monitoring programs((: PROVIDED, That)). However, in no case may the port district undertake any of the programs of this chapter ((in an area which is more than six miles beyond the paved end of any runway or more than one mile from the centerline of any runway or from an imaginary runway centerline extending six miles from the paved end of such runway. Such areas as determined above, shall be known as "impacted areas")) outside a noise-impacted area. For purposes of this chapter, a noise-impacted area is defined as the approximate area exposed to noise levels of 65 DNL or greater, or as identified by the Federal Aviation Administration, as shown on the noise exposure map for the most recent year produced by the port commission and accepted by the Federal Aviation Administration.

      (3) As part of its noise-monitoring activities for the Seattle-Tacoma International Airport, the port district shall affix and maintain at least six noise-monitoring devices located within neighborhoods located both inside and outside the area designated 65 DNL on the port's most recent noise exposure map. These devices must monitor noise levels continuously throughout the year. The port district shall use data generated by these noise-monitoring devices in developing required updates to the noise contour maps.

      Sec. 2. RCW 53.54.030 and 1993 c 150 s 1 are each amended to read as follows:

      For the purposes of this chapter, in developing a remedial program, the port commission may ((utilize)) use one or more of the following programs:

      (1) Acquisition of property or property rights within the impacted area, which shall be deemed necessary to accomplish a port purpose. The port district may purchase such property or property rights by time payment notwithstanding the time limitations provided for in RCW 53.08.010. The port district may mortgage or otherwise pledge any such properties acquired to secure such transactions. The port district may assume any outstanding mortgages.

      (2) Transaction assistance programs, including assistance with real estate fees and mortgage assistance, and other neighborhood remedial programs as compensation for impacts due to aircraft noise and noise associated conditions. Any such programs shall be in connection with properties located within an impacted area and shall be ((provided upon terms and conditions as the port district shall determine appropriate)) administered in accordance with applicable federal regulations.

      (3) Programs of soundproofing structures located within an impacted area. Such programs may be executed without regard to the ownership, provided the owner waives damages and conveys an easement for the operation of aircraft, and for noise and noise associated conditions therewith, to the port district.

      (a) When conducting noise programs for soundproofing structures located within the impacted area of the Seattle-Tacoma International Airport, the port commission shall use the services of a firm specializing in acoustical insulation to specify the types of insulation to be provided in the program and to be consulted as to how the program is to be administered. If the Federal Aviation Administration does not conduct an audit of the program at least every two years, the port shall hire a private firm to audit the program to ensure that it meets the criteria of the applicable federal regulations.

      (b) The port commission shall not provide insulation for structures located in areas exposed to noise levels of 75 DNL or greater unless included in a federally approved program. Noise compatibility programs must be administered in accordance with applicable state and federal statutes and regulations.

      (c) If any habitable structure within the noise impact area cannot be insulated to reduce the noise level below 45 DNL, the port commission shall place the property on the list of properties eligible for acquisition under subsection (1) of this section.

      (4) Mortgage insurance of private owners of lands or improvements within such noise impacted area where such private owners are unable to obtain mortgage insurance solely because of noise impact. In this regard, the port district may establish reasonable regulations and may impose reasonable conditions and charges upon the granting of such mortgage insurance: PROVIDED, That such fees and charges shall at no time exceed fees established for federal mortgage insurance programs for like service.

      (5) An individual property may be provided benefits by the port district under each of the programs described in subsections (1) through (4) of this section. However, an individual property may not be provided benefits under any one of these programs more than once, unless the property is subjected to increased aircraft noise or differing aircraft noise impacts that would have afforded different levels of mitigation, even if the property owner had waived all damages and conveyed a full and unrestricted easement.

      (6) Management of all lands, easements, or development rights acquired, including but not limited to the following:

      (a) Rental of any or all lands or structures acquired;

      (b) Redevelopment of any such lands for any economic use consistent with airport operations, local zoning and the state environmental policy;

      (c) Sale of such properties for cash or for time payment and subjection of such property to mortgage or other security transaction: PROVIDED, That any such sale shall reserve to the port district by covenant an unconditional right of easement for the operation of all aircraft and for all noise or noise conditions associated therewith.

      (7) A property shall be considered within the impacted area if any part thereof is within the impacted area.

      NEW SECTION. Sec. 3. A new section is added to chapter 53.54 RCW to read as follows:

      When conducting appraisals of noise-impacted properties in conjunction with transaction assistance programs, the port commission shall use comparable properties located outside the impacted area when determining the fair market value of the subject property."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the striking amendment by Senators Haugen and Winsley to Senate Bill No. 5361.

      The motion by Senator Haugen carried and the striking amendment was adopted.


MOTIONS


      On motion of Senator Haugen, the following title amendment was adopted:

      On line 1 of the title, after "noise;" strike the remainder of the title and insert "amending RCW 53.54.020 and 53.54.030; and adding a new section to chapter 53.54 RCW."

      On motion of Senator Haugen, the rules were suspended, Engrossed Senate Bill No. 5361 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.


MOTION


      On motion of Senator Loveland, Senator Cal Anderson was excused.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Senate Bill No. 5361.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Senate Bill No. 5361 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 48.

      Excused: Senator Anderson, C. - 1.

      ENGROSSED SENATE BILL NO. 5361, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 5267, by Senators Sheldon, Haugen and Wood

 

Establishing filing fees and tabulation procedures for write-in candidates.


      The bill was read the second time.


MOTION


      On motion of Senator Sheldon, the rules were suspended, Senate Bill No. 5267 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5267.


ROLL CALL


      The Secretary called the roll on the final passage of Senate Bill No. 5267 and the bill passed the Senate by the following vote: Yeas, 48; Nays, 0; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 48.

      Excused: Senator Anderson, C. - 1.

      SENATE BILL NO. 5267, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 5831, by Senators Kohl, Owen, Winsley, Fairley and Schow

 

Authorizing impoundment and sale of motor vehicles for failure to pay parking ticket violations.


MOTIONS


      On motion of Senator Kohl, Substitute Senate Bill No. 5831 was substituted for Senate Bill No. 5831 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Kohl, the following amendment by Senators Kohl and Schow was adopted:

      On page 3, line 6, after "violations." insert "All impounds authorized as a result of twelve or more unpaid parking violations must be performed at the address listed on the department's registered owner records."


MOTION


      On motion of Senator Kohl, the rules were suspended, Engrossed Substitute Senate Bill No. 5831 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5831.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5831 and the bill passed the Senate by the following vote: Yeas, 29; Nays, 19; Absent, 0; Excused, 1.

      Voting yea: Senators Bauer, Drew, Fairley, Franklin, Fraser, Gaspard, Hargrove, Heavey, Johnson, Kohl, Long, Loveland, McAuliffe, Moyer, Oke, Owen, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Schow, Sheldon, Smith, Snyder, Spanel, Sutherland, Winsley and Wojahn - 29.

      Voting nay: Senators Anderson, A., Cantu, Deccio, Finkbeiner, Hale, Haugen, Hochstatter, McCaslin, McDonald, Morton, Newhouse, Palmer, Prince, Roach, Sellar, Strannigan, Swecker, West and Wood - 19.

      Excused: Senator Anderson, C. - 1.

      ENGROSSED SUBSTITUTE SENATE BILL NO. 5831, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


      President Pro Tempore Wojahn assumed the Chair.


SECOND READING


      SENATE BILL NO. 5751, by Senators Newhouse, Smith, Deccio, Owen and Winsley

 

Prohibiting the purchase or consumption of liquor on licensed premises by persons apparently under the influence of liquor.


MOTIONS


      On motion of Senator Smith, Substitute Senate Bill No. 5751 was substituted for Senate Bill No. 5751 and the substitute bill was placed on second reading and read the second time.

      On motion of Senator Smith, the rules were suspended, Substitute Senate Bill No. 5751 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      President Pritchard assumed the Chair.

      Further debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5751.


ROLL CALL


      The Secretary called the roll on the final passage of Substitute Senate Bill No. 5751 and the bill passed the Senate by the following vote: Yeas, 35; Nays, 13; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fraser, Gaspard, Hale, Haugen, Hochstatter, Long, McCaslin, McDonald, Morton, Moyer, Newhouse, Owen, Palmer, Prentice, Prince, Quigley, Rasmussen, Roach, Schow, Sellar, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 35.

      Voting nay: Senators Fairley, Finkbeiner, Franklin, Hargrove, Heavey, Johnson, Kohl, Loveland, McAuliffe, Oke, Pelz, Rinehart and Sheldon - 13.

      Excused: Senator Anderson, C. - 1.

      SUBSTITUTE SENATE BILL NO. 5751, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


MOTION


      At 7:11 p.m., on motion of Senator Spanel, the Senate recessed until 7:30 p.m.


      The Senate was called to order at 8:15 p.m. by President Pritchard.


SECOND READING


      SENATE BILL NO. 5280, by Senators Smith, Roach, West, Bauer, Schow, Finkbeiner, Johnson, Hale, Kohl, Deccio, Drew and Rasmussen

 

Providing tax exemptions for a new thoroughbred race track facility.


MOTIONS


      On motion of Senator Smith Second Substitute Senate Bill No. 5280 was substituted for Senate Bill No. 5280 and the second substitute bill was placed on second reading and read the second time.

      On motion of Senator Smith, the following amendment by Senators Pelz, Roach, Smith, Heavey, Rinehart, Deccio and West was adopted:

      On page 2, beginning on line 34, strike all of section 4 and insert the following:

      "NEW SECTION. Sec. 4. (1) The recipient shall begin paying the deferred taxes in the fifth year after the date certified by the department as the date on which the investment project is operationally complete. The first payment is due on December 31st of the fifth calendar year after such certified date, with subsequent annual payments due on December 31st of the following nine years with amounts of payment scheduled as follows:


                           Repayment Year                                % of Deferred Tax Repaid

                                    1                                                10%

                                    2                                                10%

                                    3                                                10%

                                    4                                                10%

                                    5                                                10%

                                    6                                                10%

                                    7                                                10%

                                    8                                                10%

                                    9                                                10%

                                  10                                                10%

      (2) The department may authorize an accelerated repayment schedule upon request of the recipient.

      (3) Interest shall not be charged on any taxes deferred under this chapter for the period of deferral, although all other penalties and interest applicable to delinquent excise taxes may be assessed and imposed for delinquent payments under this chapter. The debt for deferred taxes is not extinguished by insolvency or other failure of the recipient."


MOTION


      On motion of Senator Smith, the rules were suspended, Engrossed Second Substitute Senate Bill No. 5280 was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Second Substitute Senate Bill No. 5280.


ROLL CALL


      The Secretary called the roll on the final passage of Engrossed Second Substitute Senate Bill No. 5280 and the bill passed the Senate by the following vote: Yeas, 45; Nays, 3; Absent, 0; Excused, 1.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Franklin, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 45.

      Voting nay: Senators McCaslin, Moyer and Prince - 3.

      Excused: Senator Anderson, C. - 1.

      ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5280, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.


SECOND READING


      SENATE BILL NO. 5489, by Senators Sheldon, A. Anderson, Fraser, Drew, Hale, Haugen, Gaspard, Spanel, Snyder, Loveland and Winsley (by request of Governor Lowry)

 

Revising provisions relating to growth management.


MOTIONS


      On motion of Senator Fraser, Substitute Senate Bill No. 5489 was substituted for Senate Bill No. 5489 and the substitute bill was placed on second reading and read the second time.

      Senator Fraser moved that the following amendment by Senators Sheldon, Ann Anderson, Fraser, Swecker, Drew, Hale, Haugen, Winsley, Spanel, Snyder and Gaspard be adopted:

      Strike everything after the enacting clause and insert the following:


"TABLE OF CONTENTSPage #

 

PART I - GROWTH MANAGEMENT ACT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  2

PART II - STATE ENVIRONMENTAL POLICY ACT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

PART III - SHORELINE MANAGEMENT ACT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

PART IV - LOCAL PERMIT PROCESS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  54

PART V - DEVELOPMENT AGREEMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  79

PART VI - STATE PERMIT COORDINATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  81

PART VII - APPEALS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91

PART VIII - STUDY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .101

PART IX - MISCELLANEOUS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .104


      NEW SECTION. Sec. 1. The legislature recognizes by this act that the growth management act is a fundamental building block of regulatory reform. The state and local governments have invested considerable resources in an act that should serve as the integrating framework for all other land-use related laws. The growth management act provides the means to effectively combine certainty for development decisions, reasonable environmental protection, long-range planning for cost-effective infrastructure, and orderly growth and development.


PART I - GROWTH MANAGEMENT ACT


      NEW SECTION. Sec. 101. The legislature finds that during project review, a county or city planning under RCW 36.70A.040 is likely to discover the need to make various improvements in comprehensive plans and development regulations. There is no current requirement or process for applicants, citizens, or agency staff to ensure that these improvements are considered in the plan review process. The legislature also finds that in the past environmental review and permitting of proposed projects have been used to reopen and make land use planning decisions that should have been made through the comprehensive planning process, in part because agency staff and hearing examiners have not been able to ensure consideration of all issues in the local planning process. The legislature further finds that, while plans and regulations should be improved and refined over time, it is unfair to penalize applicants that have submitted permit applications that meet current requirements. It is the intent of the legislature in enacting section 102 of this act to establish a means by which cities and counties will docket suggested plan or development regulation amendments and ensure their consideration during the planning process.

      NEW SECTION. Sec. 102. A new section is added to chapter 36.70A RCW to read as follows:

      (1) Project review, which shall be conducted pursuant to the provisions of chapter 36.-- RCW (the new chapter created in section 431 of this act), shall be used to make individual project decisions, not land use planning decisions. If, during project review, a county or city planning under RCW 36.70A.040 identifies deficiencies in plans or regulations:

      (a) The permitting process shall not be used as a comprehensive planning process;

      (b) Project review shall continue; and

      (c) The identified deficiencies shall be docketed for possible future plan or development regulation amendments.

      (2) Each county and city planning under RCW 36.70A.040 shall include in its development regulations a procedure for any interested person, including applicants, citizens, hearing examiners, and staff of other agencies, to suggest plan or development regulation amendments. The suggested amendments shall be docketed and considered on at least an annual basis, consistent with the provisions of RCW 36.70A.130.

      (3) For purposes of this section, a deficiency in a comprehensive plan or development regulation refers to the absence of required or potentially desirable contents of a comprehensive plan or development regulation. It does not refer to whether a development regulation addresses a project's probable specific adverse environmental impacts which the permitting agency could mitigate in the normal project review process.

      (4) For purposes of this section, docketing refers to compiling and maintaining a list of suggested changes to the comprehensive plan or development regulations in a manner that will ensure such suggested changes will be considered by the county or city and will be available for review by the public.

      Sec. 103. RCW 36.70A.030 and 1994 c 307 s 2 and 1994 c 257 s 5 are each reenacted and amended to read as follows:

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

      (1) "Adopt a comprehensive land use plan" means to enact a new comprehensive land use plan or to update an existing comprehensive land use plan.

      (2) "Agricultural land" means land primarily devoted to the commercial production of horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animal products or of berries, grain, hay, straw, turf, seed, Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through 84.33.140, finfish in upland hatcheries, or livestock, and that has long-term commercial significance for agricultural production.

      (3) "City" means any city or town, including a code city.

      (4) "Comprehensive land use plan," "comprehensive plan," or "plan" means a generalized coordinated land use policy statement of the governing body of a county or city that is adopted pursuant to this chapter.

      (5) "Critical areas" include the following areas and ecosystems: (a) Wetlands; (b) areas with a critical recharging effect on aquifers used for potable water; (c) fish and wildlife habitat conservation areas; (d) frequently flooded areas; and (e) geologically hazardous areas.

      (6) "Department" means the department of community, trade, and economic development.

      (7) ((For purposes of RCW 36.70A.065 and 36.70A.440, "development permit application" means any application for a development proposal for a use that could be permitted under a plan adopted pursuant to this chapter and is consistent with the underlying land use and zoning, including but not limited to building permits, subdivisions, binding site plans, planned unit developments, conditional uses or other applications pertaining to land uses, but shall not include rezones, proposed amendments to comprehensive plans or the adoption or amendment of development regulations.

      (8))) "Development regulations" means ((any)) the controls placed on development or land use activities by a county or city, including, but not limited to, zoning ordinances, critical areas ordinances, shoreline master programs, official controls, planned unit development ordinances, subdivision ordinances, and binding site plan ordinances together with any amendments thereto. A development regulation does not include a decision to approve a project permit application, as defined in section 402 of this act, even though the decision may be expressed in a resolution or ordinance of the legislative body of the county or city.

      (((9))) (8) "Forest land" means land primarily devoted to growing trees for long-term commercial timber production on land that can be economically and practically managed for such production, including Christmas trees subject to the excise tax imposed under RCW 84.33.100 through 84.33.140, and that has long-term commercial significance. In determining whether forest land is primarily devoted to growing trees for long-term commercial timber production on land that can be economically and practically managed for such production, the following factors shall be considered: (a) The proximity of the land to urban, suburban, and rural settlements; (b) surrounding parcel size and the compatibility and intensity of adjacent and nearby land uses; (c) long-term local economic conditions that affect the ability to manage for timber production; and (d) the availability of public facilities and services conducive to conversion of forest land to other uses.

      (((10))) (9) "Geologically hazardous areas" means areas that because of their susceptibility to erosion, sliding, earthquake, or other geological events, are not suited to the siting of commercial, residential, or industrial development consistent with public health or safety concerns.

      (((11))) (10) "Long-term commercial significance" includes the growing capacity, productivity, and soil composition of the land for long-term commercial production, in consideration with the land's proximity to population areas, and the possibility of more intense uses of the land.

      (((12))) (11) "Minerals" include gravel, sand, and valuable metallic substances.

      (((13))) (12) "Public facilities" include streets, roads, highways, sidewalks, street and road lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, parks and recreational facilities, and schools.

      (((14))) (13) "Public services" include fire protection and suppression, law enforcement, public health, education, recreation, environmental protection, and other governmental services.

      (((15))) (14) "Urban growth" refers to growth that makes intensive use of land for the location of buildings, structures, and impermeable surfaces to such a degree as to be incompatible with the primary use of such land for the production of food, other agricultural products, or fiber, or the extraction of mineral resources. When allowed to spread over wide areas, urban growth typically requires urban governmental services. "Characterized by urban growth" refers to land having urban growth located on it, or to land located in relationship to an area with urban growth on it as to be appropriate for urban growth.

      (((16))) (15) "Urban growth areas" means those areas designated by a county pursuant to RCW 36.70A.110.

      (((17))) (16) "Urban governmental services" include those governmental services historically and typically delivered by cities, and include storm and sanitary sewer systems, domestic water systems, street cleaning services, fire and police protection services, public transit services, and other public utilities associated with urban areas and normally not associated with nonurban areas.

      (((18))) (17) "Wetland" or "wetlands" means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities. ((However,)) Wetlands may include those artificial wetlands intentionally created from nonwetland areas created to mitigate conversion of wetlands((, if permitted by the county or city)).

      NEW SECTION. Sec. 104. A new section is added to chapter 36.70A RCW to read as follows:

      (1) For shorelines of the state, the goals and policies of the shoreline management act as set forth in RCW 90.58.020 are added as one of the goals of this chapter as set forth in RCW 36.70A.020. The goals and policies of a shoreline master program for a county or city approved under chapter 90.58 RCW shall be considered an element of the county or city's comprehensive plan. All other portions of the shoreline master program for a county or city adopted under chapter 90.58 RCW, including use regulations, shall be considered a part of the county or city's development regulations.

      (2) The shoreline master program shall be adopted pursuant to the procedures of chapter 90.58 RCW rather than the procedures set forth in this chapter for the adoption of a comprehensive plan or development regulations.

      NEW SECTION. Sec. 105. A new section is added to chapter 36.70A RCW to read as follows:

      (1) In designating and protecting critical areas under this chapter, counties and cities shall include the best available science in developing policies and development regulations to protect the functions and values of critical areas. In addition, counties and cities shall give special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries.

      (2) If it determines that advice from scientific or other experts is necessary or will be of substantial assistance in reaching its decision, a growth management hearings board may retain scientific or other expert advice to assist in reviewing a petition under RCW 36.70A.290 that involves critical areas.

      Sec. 106. RCW 36.70A.130 and 1990 1st ex.s. c 17 s 13 are each amended to read as follows:

      (1) Each comprehensive land use plan and development regulations shall be subject to continuing evaluation and review by the county or city that adopted them.

      Any amendment or revision to a comprehensive land use plan shall conform to this chapter, and any change to development regulations shall be consistent with and implement the comprehensive plan.

      (2)(a) Each county and city shall establish and broadly disseminate to the public a public participation program identifying procedures whereby proposed amendments or revisions of the comprehensive plan are considered by the governing body of the county or city no more frequently than once every year except that amendments may be considered more frequently under the following circumstances:

      (i) The initial adoption of a subarea plan; and

      (ii) The adoption or amendment of a shoreline master program under the procedures set forth in chapter 90.58 RCW.

      (b) All proposals shall be considered by the governing body concurrently so the cumulative effect of the various proposals can be ascertained. However, after appropriate public participation a county or city may adopt amendments or revisions to its comprehensive plan that conform with this chapter whenever an emergency exists or to resolve an appeal of a comprehensive plan filed with a growth management hearings board or with the court.

      (3) Each county that designates urban growth areas under RCW 36.70A.110 shall review, at least every ten years, its designated urban growth area or areas, and the densities permitted within both the incorporated and unincorporated portions of each urban growth area. In conjunction with this review by the county, each city located within an urban growth area shall review the densities permitted within its boundaries, and the extent to which the urban growth occurring within the county has located within each city and the unincorporated portions of the urban growth areas. The county comprehensive plan designating urban growth areas, and the densities permitted in the urban growth areas by the comprehensive plans of the county and each city located within the urban growth areas, shall be revised to accommodate the urban growth projected to occur in the county for the succeeding twenty-year period.

      Sec. 107. RCW 36.70A.140 and 1990 1st ex.s. c 17 s 14 are each amended to read as follows:

      Each county and city that is required or chooses to plan under RCW 36.70A.040 shall establish and broadly disseminate to the public a public participation program identifying procedures providing for early and continuous public participation in the development and amendment of comprehensive land use plans and development regulations implementing such plans. The procedures shall provide for broad dissemination of proposals and alternatives, opportunity for written comments, public meetings after effective notice, provision for open discussion, communication programs, information services, and consideration of and response to public comments. In enacting legislation in response to the board's decision pursuant to RCW 36.70A.300 declaring part or all of a comprehensive plan or development regulation invalid, the county or city shall provide for public participation that is appropriate and effective under the circumstances presented by the board's order. Errors in exact compliance with the established program and procedures shall not render the comprehensive land use plan or development regulations invalid if the spirit of the program and procedures is observed.

      Sec. 108. RCW 36.70A.280 and 1994 c 249 s 31 are each amended to read as follows:

      (1) A growth management hearings board shall hear and determine only those petitions alleging either:

      (a) That a state agency, county, or city planning under this chapter is not in compliance with the requirements of this chapter, chapter 90.58 RCW as it relates to the adoption of shoreline master programs or amendments thereto, or chapter 43.21C RCW as it relates to plans, development regulations, or amendments, adopted under RCW 36.70A.040 or chapter 90.58 RCW; or

      (b) That the twenty-year growth management planning population projections adopted by the office of financial management pursuant to RCW 43.62.035 should be adjusted.

      (2) A petition may be filed only by the state, a county or city that plans under this chapter, a person who has either appeared before the county or city regarding the matter on which a review is being requested or is certified by the governor within sixty days of filing the request with the board, or a person qualified pursuant to RCW 34.05.530.

      (3) For purposes of this section "person" means any individual, partnership, corporation, association, governmental subdivision or unit thereof, or public or private organization or entity of any character.

      (4) When considering a possible adjustment to a growth management planning population projection prepared by the office of financial management, a board shall consider the implications of any such adjustment to the population forecast for the entire state.

      The rationale for any adjustment that is adopted by a board must be documented and filed with the office of financial management within ten working days after adoption.

      If adjusted by a board, a county growth management planning population projection shall only be used for the planning purposes set forth in this chapter and shall be known as a "board adjusted population projection". None of these changes shall affect the official state and county population forecasts prepared by the office of financial management, which shall continue to be used for state budget and planning purposes.

      Sec. 109. RCW 36.70A.290 and 1994 c 257 s 2 and 1994 c 249 s 26 are each reenacted and amended to read as follows:

      (1) All requests for review to a growth management hearings board shall be initiated by filing a petition that includes a detailed statement of issues presented for resolution by the board.

      (2) All petitions relating to whether or not an adopted comprehensive plan, development regulation, or permanent amendment thereto, is in compliance with the goals and requirements of this chapter or chapter 90.58 or 43.21C RCW must be filed within sixty days after publication by the legislative bodies of the county or city.

      (a) Except as provided in (c) of this subsection, the date of publication for a city shall be the date the city publishes the ordinance, or summary of the ordinance, adopting the comprehensive plan or development regulations, or amendment thereto, as is required to be published.

      (b) Promptly after adoption, a county shall publish a notice that it has adopted the comprehensive plan or development regulations, or amendment thereto.

      Except as provided in (c) of this subsection, for purposes of this section the date of publication for a county shall be the date the county publishes the notice that it has adopted the comprehensive plan or development regulations, or amendment thereto.

      (c) For local governments planning under RCW 36.70A.040, promptly after approval or disapproval of a local government̓s shoreline master program or amendment thereto by the department of ecology as provided in RCW 90.58.090, the local government shall publish a notice that the shoreline master program or amendment thereto has been approved or disapproved by the department of ecology. For purposes of this section, the date of publication for the adoption or amendment of a shoreline master program is the date the local government publishes notice that the shoreline master program or amendment thereto has been approved or disapproved by the department of ecology.

      (3) Unless the board dismisses the petition as frivolous or finds that the person filing the petition lacks standing, the board shall, within ten days of receipt of the petition, set a time for hearing the matter.

      (4) The board shall base its decision on the record developed by the city, county, or the state and supplemented with additional evidence if the board determines that such additional evidence would be necessary or of substantial assistance to the board in reaching its decision.

      (5) The board, shall consolidate, when appropriate, all petitions involving the review of the same comprehensive plan or the same development regulation or regulations.

      Sec. 110. RCW 36.70A.300 and 1991 sp.s. c 32 s 11 are each amended to read as follows:

      (1) The board shall issue a final order within one hundred eighty days of receipt of the petition for review, or, when multiple petitions are filed, within one hundred eighty days of receipt of the last petition that is consolidated. Such a final order shall be based exclusively on whether or not a state agency, county, or city is in compliance with the requirements of this chapter, chapter 90.58 RCW as it relates to adoption or amendment of shoreline master programs, or chapter 43.21C RCW as it relates to plans, development regulations, and amendments thereto, adopted under RCW 36.70A.040 or chapter 90.58 RCW. In the final order, the board shall either: (a) Find that the state agency, county, or city is in compliance with the requirements of this chapter or chapter 90.58 RCW as it relates to the adoption or amendment of shoreline master programs; or (b) find that the state agency, county, or city is not in compliance with the requirements of this chapter or chapter 90.58 RCW as it relates to the adoption or amendment of shoreline master programs, in which case the board shall remand the matter to the affected state agency, county, or city and specify a reasonable time not in excess of one hundred eighty days within which the state agency, county, or city shall comply with the requirements of this chapter.

      (2) A finding of noncompliance and an order of remand shall not affect the validity of comprehensive plans and development regulations during the period of remand, unless the board's final order also:

      (a) Includes a determination, supported by findings of fact and conclusions of law, that the continued validity of the plan or regulation would substantially interfere with the fulfillment of the goals of this chapter; and

      (b) Specifies the particular part or parts of the plan or regulation that are determined to be invalid, and the reasons for their invalidity.

      (3) A determination of invalidity shall:

      (a) Be prospective in effect and shall not extinguish rights that vested under state or local law before the date of the board's order; and

      (b) Subject any development application that would otherwise vest after the date of the board's order to the local ordinance or resolution that both is enacted in response to the order of remand and determined by the board pursuant to RCW 36.70A.330 to comply with the requirements of this chapter.

      (4) If the ordinance that adopts a plan or development regulation under this chapter includes a savings clause intended to revive prior policies or regulations in the event the new plan or regulations are determined to be invalid, the board shall determine under subsection (2) of this section whether the prior policies or regulations are valid during the period of remand.

      (5) Any party aggrieved by a final decision of the hearings board may appeal the decision as provided in RCW 34.05.514 to ((Thurston county)) superior court within thirty days of the final order of the board.

      Sec. 111. RCW 36.70A.320 and 1991 sp.s. c 32 s 13 are each amended to read as follows:

      (1) Except as provided in subsection (2) of this section, comprehensive plans and development regulations, and amendments thereto, adopted under this chapter are presumed valid upon adoption. In any petition under this chapter, the board, after full consideration of the petition, shall determine whether there is compliance with the requirements of this chapter. In making its determination, the board shall consider the criteria adopted by the department under RCW 36.70A.190(4). The board shall find compliance unless it finds by a preponderance of the evidence that the state agency, county, or city erroneously interpreted or applied this chapter.

      (2) The shoreline element of a comprehensive plan and the applicable development regulations adopted by a county or city shall take effect as provided in chapter 90.58 RCW.

      Sec. 112. RCW 36.70A.330 and 1991 sp.s. c 32 s 14 are each amended to read as follows:

      (1) After the time set for complying with the requirements of this chapter under RCW 36.70A.300(1)(b) has expired, or at an earlier time upon the motion of a county or city subject to a determination of invalidity under RCW 36.70A.300, the board((, on its own motion or motion of the petitioner,)) shall set a hearing for the purpose of determining whether the state agency, county, or city is in compliance with the requirements of this chapter.

      (2) The board shall conduct a hearing and issue a finding of compliance or noncompliance with the requirements of this chapter. A person with standing to challenge the legislation enacted in response to the board's final order may participate in the hearing along with the petitioner and the state agency, city, or county. A hearing under this subsection shall be given the highest priority of business to be conducted by the board, and a finding shall be issued within forty-five days of the filing of the motion under subsection (1) of this section with the board.

      (3) If the board finds that the state agency, county, or city is not in compliance, the board shall transmit its finding to the governor. The board may recommend to the governor that the sanctions authorized by this chapter be imposed.

      (4) The board shall also reconsider its final order and decide:

      (a) If a determination of invalidity has been made, whether such a determination should be rescinded or modified under the standards in RCW 36.70A.300(2); or

      (b) If no determination of invalidity has been made, whether one now should be made under the standards in RCW 36.70A.300(2).

      The board shall schedule additional hearings as appropriate pursuant to subsections (1) and (2) of this section.

      Sec. 113. RCW 34.05.514 and 1994 c 257 s 23 are each amended to read as follows:

      (1) Except as provided in subsection (2) of this section ((and RCW 36.70A.300(3))), proceedings for review under this chapter shall be instituted by filing a petition in the superior court, at the petitioner's option, for (a) Thurston county, (b) the county of the petitioner's residence or principal place of business, or (c) in any county where the property owned by the petitioner and affected by the contested decision is located.

      (2) For proceedings involving institutions of higher education, the petition shall be filed either in the county in which the principal office of the institution involved is located or in the county of a branch campus if the action involves such branch.

      NEW SECTION. Sec. 114. (1) The legislature finds that:

      (a) As of the effective date of this section, twenty-nine counties and two hundred eight cities are conducting comprehensive planning under the growth management act, chapter 36.70A RCW, which together comprise over ninety percent of the state's population;

      (b) Comprehensive plans for many of the jurisdictions were due by July 1, 1994, and the remaining jurisdictions must complete plans under due dates ranging from October 1994 to September 1997;

      (c) Concurrently with these comprehensive planning activities, local governments must conduct several other planning requirements under the growth management act, such as the adoption of capital facilities plans, urban growth areas, and development regulations;

      (d) Local governments must also comply with the state environmental policy act, chapter 43.21C RCW, in the development of comprehensive plans and development regulations;

      (e) The combined activities of comprehensive planning and the state environmental policy act present a serious fiscal burden upon local governments; and

      (f) Detailed environmental analysis integrated with comprehensive plans, subarea plans, and development regulations will facilitate planning for and managing growth, allow greater protection of the environment, and benefit both the general public and private property owners.

      (2) In order to provide financial assistance to cities and counties planning under chapter 36.70A RCW and to improve the usefulness of plans and integrated environmental analyses, the legislature has created the fund described in section 115 of this act.

      NEW SECTION. Sec. 115. A new section is added to chapter 36.70A RCW to read as follows:

      The growth management planning and environmental review fund is hereby established in the state treasury. Moneys may be placed in the fund from the proceeds of bond sales, tax revenues, budget transfers, federal appropriations, gifts, or any other lawful source. Moneys in the fund may be spent only after appropriation. Moneys in the fund shall be used to make grants to local governments for the purposes set forth in section 202 of this act, RCW 43.21C.031, or section 116 of this act.

      NEW SECTION. Sec. 116. A new section is added to chapter 36.70A RCW to read as follows:

      (1) The department of community, trade, and economic development shall provide management services for the fund created by section 115 of this act. The department by rule shall establish procedures for fund management.

      (2) A grant may be awarded to a county or city that is required to or has chosen to plan under RCW 36.70A.040 and that is qualified pursuant to this section. The grant shall be provided to assist a county or city in paying for the cost of preparing a detailed environmental impact statement that is integrated with a comprehensive plan or subarea plan and development regulations.

      (3) In order to qualify for a grant, a county or city shall:

      (a) Demonstrate that it will prepare an environmental analysis pursuant to chapter 43.21C RCW that is integrated with a comprehensive plan or subarea plan and development regulations;

      (b) Address environmental impacts and consequences, alternatives, and mitigation measures in sufficient detail to allow the analysis to be adopted in whole or in part by subsequent applicants for development permits within the geographic area analyzed in the plan;

      (c) Include mechanisms in the plan to monitor the consequences of growth as it occurs in the plan area and provide ongoing data to update the plan and environmental analysis;

      (d) Be making substantial progress towards compliance with the requirements of this chapter. A county or city that is more than six months out of compliance with a requirement of this chapter is deemed not to be making substantial progress towards compliance; and

      (e) Provide local funding, which may include financial participation by the private sector.

      (4) In awarding grants, the department shall give preference to proposals that include one or more of the following elements:

      (a) Financial participation by the private sector, or a public/private partnering approach;

      (b) Comprehensive and subarea plan proposals that are designed to identify and monitor system capacities for elements of the built environment, and to the extent appropriate, of the natural environment;

      (c) Programs to improve the efficiency and effectiveness of the permitting process by greater reliance on integrated plans;

      (d) Programs for effective citizen and neighborhood involvement that contribute to greater certainty that planning decisions will be implemented; and

      (e) Plans that identify environmental impacts and establish mitigation measures that provide effective means to satisfy concurrency requirements and establish project consistency with the plans.

      (5) If the local funding includes funding provided by other state functional planning programs, including open space planning and watershed or basin planning, the functional plan shall be integrated into and be consistent with the comprehensive plan.

      NEW SECTION. Sec. 117. During the 1995-1997 biennium, funding for the growth management planning and environmental review fund shall be provided by:

      (1) A transfer of four million dollars from the public works assistance account; and

      (2) A transfer of two million dollars from the transportation fund.


PART II - STATE ENVIRONMENTAL POLICY ACT


      NEW SECTION. Sec. 201. (1) The legislature finds in adopting section 202 of this act that:

      (a) Comprehensive plans and development regulations adopted by counties, cities, and towns under chapter 36.70A RCW and environmental laws and rules adopted by the state and federal government have addressed a wide range of environmental subjects and impacts. These plans, regulations, rules, and laws often provide environmental analysis and mitigation measures for project actions without the need for an environmental impact statement or further project mitigation.

      (b) Existing plans, regulations, rules, or laws provide environmental analysis and measures that avoid or otherwise mitigate the probable specific adverse environmental impacts of proposed projects should be integrated with, and should not be duplicated by, environmental review under chapter 43.21C RCW.

      (c) Proposed projects should continue to receive environmental review, which should be conducted in a manner that is integrated with and does not duplicate other requirements.

      (2) The legislature intends that a primary role of environmental review under chapter 43.21C RCW is to focus on the gaps and overlaps that may exist in applicable laws and requirements related to a proposed action. The review of project actions conducted by counties, cities, and towns planning under RCW 36.70A.040 should integrate environmental review with project review. Chapter 43.21C RCW should not be used as a substitute for other land use planning and environmental requirements.

      NEW SECTION. Sec. 202. A new section is added to chapter 43.21C RCW to read as follows:

      (1) If the requirements of subsection (2) of this section are satisfied, a county, city, or town reviewing a project action may determine that the requirements for environmental analysis, protection, and mitigation measures in the county, city, or town's development regulations and comprehensive plans adopted under chapter 36.70A RCW, and in other applicable local, state, or federal laws and rules provide adequate analysis of and mitigation for the specific adverse environmental impacts of the project action to which the requirements apply.

      (2) A county, city, or town may make the determination provided for in subsection (1) of this section if:

      (a) In the course of project review, including any required environmental analysis, the local government considers the specific probable adverse environmental impacts of the proposed action and determines that these specific impacts are adequately addressed by the development regulations or other applicable requirements of the comprehensive plan, subarea plan element of the comprehensive plan, or other local, state, or federal rules or laws; and

      (b) The local government bases or conditions its approval on compliance with these requirements or mitigation measures.

      (3) If a county, city, or town's comprehensive plans, subarea plans, and development regulations adequately address a project's probable specific adverse environmental impacts, as determined under subsections (1) and (2) of this section, the county, city, or town shall not impose additional mitigation under this chapter during project review. Project review shall be integrated with environmental analysis under this chapter.

      (4) A comprehensive plan, subarea plan, or development regulation shall be considered to adequately address an impact if the county, city, or town, through the planning and environmental review process under chapter 36.70A RCW and this chapter, has identified the specific adverse environmental impacts and:

      (a) The impacts have been avoided or otherwise mitigated; or

      (b) The legislative body of the county, city, or town has designated as acceptable certain levels of service, land use designations, development standards, or other land use planning required or allowed by chapter 36.70A RCW.

      (5) In deciding whether a specific adverse environmental impact has been addressed by an existing rule or law of another agency with jurisdiction with environmental expertise with regard to a specific environmental impact, the county, city, or town shall consult orally or in writing with that agency and may expressly defer to that agency. In making this deferral, the county, city, or town shall base or condition its project approval on compliance with these other existing rules or laws.

      (6) Nothing in this section limits the authority of an agency in its review or mitigation of a project to adopt or otherwise rely on environmental analyses and requirements under other laws, as provided by this chapter.

      (7) This section shall apply only to a county, city, or town planning under RCW 36.70A.040.

      Sec. 203. RCW 43.21C.031 and 1983 c 117 s 1 are each amended to read as follows:

      (1) An environmental impact statement (the detailed statement required by RCW 43.21C.030(2)(c)) shall be prepared on proposals for legislation and other major actions having a probable significant, adverse environmental impact. The environmental impact statement may be combined with the recommendation or report on the proposal or issued as a separate document. The substantive decisions or recommendations shall be clearly identifiable and easy to find. Actions categorically exempt under RCW 43.21C.110(1)(a) do not require environmental review or the preparation of an environmental impact statement under this chapter. In a county, city, or town planning under RCW 36.70A.040, a planned action, as provided for in subsection (2) of this section, does not require a threshold determination or the preparation of an environmental impact statement under this chapter, but is subject to environmental review and mitigation as provided in this chapter.

      An environmental impact statement is required to analyze only those probable adverse environmental impacts which are significant. Beneficial environmental impacts may be discussed. The responsible official shall consult with agencies and the public to identify such impacts and limit the scope of an environmental impact statement. The subjects listed in RCW 43.21C.030(2)(c) need not be treated as separate sections of an environmental impact statement. Discussions of significant short-term and long-term environmental impacts, significant irrevocable commitments of natural resources, significant alternatives including mitigation measures, and significant environmental impacts which cannot be mitigated should be consolidated or included, as applicable, in those sections of an environmental impact statement where the responsible official decides they logically belong.

      (2)(a) For purposes of this section, a planned action means one or more types of project action that:

      (i) Are designated planned actions by an ordinance or resolution adopted by a county, city, or town planning under RCW 36.70A.040;

      (ii) Have had the significant impacts adequately addressed in an environmental impact statement prepared in conjunction with (A) a comprehensive plan or subarea plan adopted under chapter 36.70A RCW, or (B) a fully contained community, a master planned resort, a master planned development, or a phased project;

      (iii) Are subsequent or implementing projects for the proposals listed in (a)(ii) of this subsection;

      (iv) Are located within an urban growth area, as defined in RCW 36.70A.030;

      (v) Are not essential public facilities, as defined in RCW 36.70A.200; and

      (vi) Are consistent with a comprehensive plan adopted under chapter 36.70A RCW.

      (b) A county, city, or town shall limit planned actions to certain types of development or to specific geographical areas that are less extensive than the jurisdictional boundaries of the county, city, or town and may limit a planned action to a time period identified in the environmental impact statement or the ordinance or resolution adopted under this subsection.

      Sec. 204. RCW 43.21C.075 and 1994 c 253 s 4 are each amended to read as follows:

      (1) Because a major purpose of this chapter is to combine environmental considerations with public decisions, any appeal brought under this chapter shall be linked to a specific governmental action. The State Environmental Policy Act provides a basis for challenging whether governmental action is in compliance with the substantive and procedural provisions of this chapter. The State Environmental Policy Act is not intended to create a cause of action unrelated to a specific governmental action.

      (2) Unless otherwise provided by this section:

      (a) Appeals under this chapter shall be of the governmental action together with its accompanying environmental determinations.

      (b) Appeals of environmental determinations made (or lacking) under this chapter shall be commenced within the time required to appeal the governmental action which is subject to environmental review.

      (3) If an agency has a procedure for appeals of agency environmental determinations made under this chapter, such procedure:

      (a) Shall not allow more than one agency appeal proceeding on a procedural determination (the adequacy of a determination of significance/nonsignificance or of a final environmental impact statement)((, consistent with any state statutory requirements for appeals to local legislative bodies)). The appeal proceeding on a determination of significance/nonsignificance may occur before the agency's final decision on a proposed action. Such an appeal shall also be allowed for a determination of significance/nonsignificance which may be issued by the agency after supplemental review;

      (b) Shall consolidate an appeal of procedural issues and of substantive determinations made under this chapter (such as a decision to require particular mitigation measures or to deny a proposal) with a hearing or appeal on the underlying governmental action by providing for a single simultaneous ((appeal of an)) hearing before one hearing officer or body to consider the agency decision on a proposal and any environmental determinations made under this chapter, with the exception of the ((threshold determination)) appeal, if any, of a determination of significance as provided in (a) of this subsection or an appeal to the local legislative authority under RCW 43.21C.060 or other applicable state statutes;

      (c) Shall provide for the preparation of a record for use in any subsequent appeal proceedings, and shall provide for any subsequent appeal proceedings to be conducted on the record, consistent with other applicable law. An adequate record consists of findings and conclusions, testimony under oath, and taped or written transcript. An electronically recorded transcript will suffice for purposes of review under this subsection; and

      (d) Shall provide that procedural determinations made by the responsible official shall be entitled to substantial weight.

      (4) If a person aggrieved by an agency action has the right to judicial appeal and if an agency has an appeal procedure, such person shall, prior to seeking any judicial review, use such agency procedure if any such procedure is available, unless expressly provided otherwise by state statute.

      (5) ((RCW 43.21C.080 establishes an optional "notice of action" procedure which, if used, imposes a time period for appealing decisions under this chapter.)) Some statutes and ordinances contain time periods for challenging governmental actions which are subject to review under this chapter, such as various local land use approvals (the "underlying governmental action"). RCW 43.21C.080 establishes an optional "notice of action" procedure which, if used, imposes a time period for appealing decisions under this chapter. This ((section)) subsection does not modify any such time periods. ((This section governs when a judicial appeal must be brought under this chapter where a "notice of action" is used, and/or where there is another time period which is required by statute or ordinance for challenging the underlying governmental action.)) In this subsection, the term "appeal" refers to a judicial appeal only.

      (a) If there is a time period for appealing the underlying governmental action, appeals under this chapter shall be commenced within ((thirty days)) such time period. The agency shall give official notice stating the date and place for commencing an appeal. ((If there is an agency proceeding under subsection (3) of this section, the appellant shall, prior to commencing a judicial appeal, submit to the responsible official a notice of intent to commence a judicial appeal. This notice of intent shall be given within the time period for commencing a judicial appeal on the underlying governmental action.))

      (b) If there is no time period for appealing the underlying governmental action, and a notice of action under RCW 43.21C.080 ((may be used. If a notice of action)) is used, ((judicial)) appeals shall be commenced within the time period specified by RCW 43.21C.080((, unless there is a time period for appealing the underlying governmental action in which case (a) of this subsection shall apply.

      (c) Notwithstanding RCW 43.21C.080(1), if there is a time period for appealing the underlying governmental action, a notice of action may be published within such time period)).

      (6)(a) Judicial review under subsection (5) of this section of an appeal decision made by an agency under ((RCW 43.21C.075(5))) subsection (3) of this section shall be on the record, consistent with other applicable law.

      (b) A taped or written transcript may be used. If a taped transcript is to be reviewed, a record shall identify the location on the taped transcript of testimony and evidence to be reviewed. Parties are encouraged to designate only those portions of the testimony necessary to present the issues raised on review, but if a party alleges that a finding of fact is not supported by evidence, the party should include in the record all evidence relevant to the disputed finding. Any other party may designate additional portions of the taped transcript relating to issues raised on review. A party may provide a written transcript of portions of the testimony at the party's own expense or apply to that court for an order requiring the party seeking review to pay for additional portions of the written transcript.

      (c) Judicial review under this chapter shall without exception be of the governmental action together with its accompanying environmental determinations.

      (7) Jurisdiction over the review of determinations under this chapter in an appeal before an agency or superior court shall upon consent of the parties be transferred in whole or part to the shorelines hearings board. The shorelines hearings board shall hear the matter and sign the final order expeditiously. The superior court shall certify the final order of the shorelines hearings board and said certified final order may only be appealed to an appellate court. In the case of an appeal under this chapter regarding a project or other matter that is also the subject of an appeal to the shorelines hearings board under chapter 90.58 RCW, the shorelines hearings board shall have sole jurisdiction over both the appeal under this section and the appeal under chapter 90.58 RCW, shall consider them together, and shall issue a final order within one hundred eighty days as provided in RCW 90.58.180.

      (8) For purposes of this section and RCW 43.21C.080, the words "action", "decision", and "determination" mean substantive agency action including any accompanying procedural determinations under this chapter (except where the word "action" means "appeal" in RCW 43.21C.080(2) ((and (3)))). The word "action" in this section and RCW 43.21C.080 does not mean a procedural determination by itself made under this chapter. The word "determination" includes any environmental document required by this chapter and state or local implementing rules. The word "agency" refers to any state or local unit of government. Except as provided in subsection (5) of this section, the word "appeal" refers to administrative, legislative, or judicial appeals.

      (9) The court in its discretion may award reasonable attorney's fees of up to one thousand dollars in the aggregate to the prevailing party, including a governmental agency, on issues arising out of this chapter if the court makes specific findings that the legal position of a party is frivolous and without reasonable basis.

      Sec. 205. RCW 43.21C.080 and 1977 ex.s. c 278 s 1 are each amended to read as follows:

      (1) Notice of any action taken by a governmental agency may be publicized by the acting governmental agency, the applicant for, or the proponent of such action, in substantially the form as set forth in ((subsection (3) of this section and in the following manner)) rules adopted under RCW 43.21C.110:

      (a) By publishing notice on the same day of each week for two consecutive weeks in a legal newspaper of general circulation in the area where the property which is the subject of the action is located;

      (b) By filing notice of such action with the department of ecology at its main office in Olympia prior to the date of the last newspaper publication; and

      (c) Except for those actions which are of a nonproject nature, by one of the following methods which shall be accomplished prior to the date of ((last)) first newspaper publication;

      (i) Mailing to the latest recorded real property owners, as shown by the records of the county treasurer, who share a common boundary line with the property upon which the project is proposed through United States mail, first class, postage prepaid.

      (ii) Posting of the notice in a conspicuous manner on the property upon which the project is to be constructed.

      (2)(a) Except as otherwise provided in RCW 43.21C.075(5)(a), any action to set aside, enjoin, review, or otherwise challenge any such governmental action or subsequent governmental action for which notice is given as provided in subsection (1) of this section on grounds of noncompliance with the provisions of this chapter shall be commenced within ((thirty)) twenty-one days from the date of last newspaper publication of the notice pursuant to subsection (1) of this section, or be barred((: PROVIDED, HOWEVER, That the time period within which an action shall be commenced shall be ninety days (i) for projects to be performed by a governmental agency or to be performed under government contract, or (ii) for thermal power plant projects: PROVIDED FURTHER, That)).

      (b) Any subsequent governmental action on the proposal for which notice has been given as provided in subsection (1) of this section shall not be set aside, enjoined, reviewed, or otherwise challenged on grounds of noncompliance with the provisions of RCW 43.21C.030(2)(a) through (h) unless there has been a substantial change in the proposal between the time of the first governmental action and the subsequent governmental action that is likely to have adverse environmental impacts beyond the range of impacts previously analyzed, or unless the action now being considered was identified in an earlier detailed statement or declaration of nonsignificance as being one which would require further environmental evaluation.

      (((b) Any action to challenge a subsequent governmental action based upon any provisions of this chapter shall be commenced within thirty days from the date of last newspaper publication of the subsequent governmental action except (i) for projects to be performed by a governmental agency or to be performed under governmental contract, or (ii) for thermal power plant projects which shall be challenged within ninety days from the date of last newspaper publication of the subsequent governmental action, or be barred.

      (3) The form for such notice of action shall be issued by the department of ecology and shall be made available by the governmental agency taking an action subject to being publicized pursuant to this section, by the county auditor, and/or the city clerk to the project applicant or proposer. The form of such notice shall be substantially as follows:


NOTICE OF ACTION BY

. . . . . . . . . . . . . . . .

(Government agency or entity)


      Pursuant to the provisions of chapter 43.21C RCW, notice is hereby given that:

      The . . . . . . . . . (Government agency or entity) did on . . . . . . (date), take the action described below.

      Any action to set aside, enjoin, review, or otherwise challenge such action on the grounds of noncompliance with the provisions of chapter 43.21C RCW (State Environmental Policy Act) shall be commenced within . . . . days or be barred.

      The action taken by . . . . . . . . . (Government agency or entity), notice of which is hereby given, was as follows:

      (1) . . . . . . . . . (Here insert description of action taken such as: Adoption Ordinance No. . . . .; Issued Building Permit; Approved preliminary (or final) plat, etc.)

      (2) . . . . . . . . . (Here insert brief description of the complete project or proposal.)

      (3) Said action pertained to property commonly known as:

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(Sufficient description to locate property, but complete legal description not required)

      (4) Pertinent documents may be examined during regular business hours at the office of: . . . . . . located at:

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(Location, including room number)

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(Name of government agency, proponent, or applicant giving notice)

Filed by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(Signature of individual and capacity in which such individual is signing)))

      Sec. 206. RCW 43.21C.110 and 1983 c 117 s 7 are each amended to read as follows:

      It shall be the duty and function of the department of ecology((, which may utilize proposed rules developed by the environmental policy commission)):

      (1) To adopt and amend thereafter rules of interpretation and implementation of this chapter (((the state environmental policy act of 1971))), subject to the requirements of chapter 34.05 RCW, for the purpose of providing uniform rules and guidelines to all branches of government including state agencies, political subdivisions, public and municipal corporations, and counties. The proposed rules shall be subject to full public hearings requirements associated with rule promulgation. Suggestions for modifications of the proposed rules shall be considered on their merits, and the department shall have the authority and responsibility for full and appropriate independent promulgation and adoption of rules, assuring consistency with this chapter as amended and with the preservation of protections afforded by this chapter. The rule making powers authorized in this section shall include, but shall not be limited to, the following phases of interpretation and implementation of this chapter (((the state environmental policy act of 1971))):

      (a) Categories of governmental actions which are not to be considered as potential major actions significantly affecting the quality of the environment, including categories pertaining to applications for water right permits pursuant to chapters 90.03 and 90.44 RCW. The types of actions included as categorical exemptions in the rules shall be limited to those types which are not major actions significantly affecting the quality of the environment. The rules shall provide for certain circumstances where actions which potentially are categorically exempt require environmental review. An action that is categorically exempt under the rules adopted by the department may not be conditioned or denied under this chapter.

      (b) Rules for criteria and procedures applicable to the determination of when an act of a branch of government is a major action significantly affecting the quality of the environment for which a detailed statement is required to be prepared pursuant to RCW 43.21C.030.

      (c) Rules and procedures applicable to the preparation of detailed statements and other environmental documents, including but not limited to rules for timing of environmental review, obtaining comments, data and other information, and providing for and determining areas of public participation which shall include the scope and review of draft environmental impact statements.

      (d) Scope of coverage and contents of detailed statements assuring that such statements are simple, uniform, and as short as practicable; statements are required to analyze only reasonable alternatives and probable adverse environmental impacts which are significant, and may analyze beneficial impacts.

      (e) Rules and procedures for public notification of actions taken and documents prepared.

      (f) Definition of terms relevant to the implementation of this chapter including the establishment of a list of elements of the environment. Analysis of environmental considerations under RCW 43.21C.030(2) may be required only for those subjects listed as elements of the environment (or portions thereof). The list of elements of the environment shall consist of the "natural" and "built" environment. The elements of the built environment shall consist of public services and utilities (such as water, sewer, schools, fire and police protection), transportation, environmental health (such as explosive materials and toxic waste), and land and shoreline use (including housing, and a description of the relationships with land use and shoreline plans and designations, including population).

      (g) Rules for determining the obligations and powers under this chapter of two or more branches of government involved in the same project significantly affecting the quality of the environment.

      (h) Methods to assure adequate public awareness of the preparation and issuance of detailed statements required by RCW 43.21C.030(2)(c).

      (i) To prepare rules for projects setting forth the time limits within which the governmental entity responsible for the action shall comply with the provisions of this chapter.

      (j) Rules for utilization of a detailed statement for more than one action and rules improving environmental analysis of nonproject proposals and encouraging better interagency coordination and integration between this chapter and other environmental laws.

      (k) Rules relating to actions which shall be exempt from the provisions of this chapter in situations of emergency.

      (l) Rules relating to the use of environmental documents in planning and decision making and the implementation of the substantive policies and requirements of this chapter, including procedures for appeals under this chapter.

      (m) Rules and procedures that provide for the integration of environmental review with project review as provided in section 202 of this act. The rules and procedures shall be jointly developed with the department of community, trade, and economic development and shall be applicable to the preparation of environmental documents for actions in counties, cities, and towns planning under RCW 36.70A.040. The rules and procedures shall also include criteria to analyze the consistency of project actions, including planned actions under RCW 43.21C.031(2), with development regulations adopted under chapter 36.70A RCW, or in the absence of applicable development regulations, the appropriate elements of a comprehensive plan or subarea plan adopted under chapter 36.70A RCW. Ordinances or procedures adopted by a county, city, or town to implement the provisions of section 202 of this act prior to the effective date of rules adopted under this subsection (1)(m) shall continue to be effective until the adoption of any new or revised ordinances or procedures that may be required. If any revisions are required as a result of rules adopted under this subsection (1)(m), those revisions shall be made within the time limits specified in RCW 43.21C.120.

      (2) In exercising its powers, functions, and duties under this section, the department may:

      (a) Consult with the state agencies and with representatives of science, industry, agriculture, labor, conservation organizations, state and local governments and other groups, as it deems advisable; and

      (b) Utilize, to the fullest extent possible, the services, facilities, and information (including statistical information) of public and private agencies, organizations, and individuals, in order to avoid duplication of effort and expense, overlap, or conflict with similar activities authorized by law and performed by established agencies.

      (3) Rules adopted pursuant to this section shall be subject to the review procedures of chapter 34.05 RCW ((34.05.538 and 34.05.240)).

      Sec. 207. RCW 43.21C.900 and 1971 ex.s. c 109 s 7 are each amended to read as follows:

      This chapter shall be known and may be cited as the "State Environmental Policy Act ((of 1971))" or "SEPA".


PART III - SHORELINE MANAGEMENT ACT


      Sec. 301. RCW 90.58.020 and 1992 c 105 s 1 are each amended to read as follows:

      The legislature finds that the shorelines of the state are among the most valuable and fragile of its natural resources and that there is great concern throughout the state relating to their utilization, protection, restoration, and preservation. In addition it finds that ever increasing pressures of additional uses are being placed on the shorelines necessitating increased coordination in the management and development of the shorelines of the state. The legislature further finds that much of the shorelines of the state and the uplands adjacent thereto are in private ownership; that unrestricted construction on the privately owned or publicly owned shorelines of the state is not in the best public interest; and therefore, coordinated planning is necessary in order to protect the public interest associated with the shorelines of the state while, at the same time, recognizing and protecting private property rights consistent with the public interest. There is, therefor, a clear and urgent demand for a planned, rational, and concerted effort, jointly performed by federal, state, and local governments, to prevent the inherent harm in an uncoordinated and piecemeal development of the state's shorelines.

      It is the policy of the state to provide for the management of the shorelines of the state by planning for and fostering all reasonable and appropriate uses. This policy is designed to insure the development of these shorelines in a manner which, while allowing for limited reduction of rights of the public in the navigable waters, will promote and enhance the public interest. This policy contemplates protecting against adverse effects to the public health, the land and its vegetation and wildlife, and the waters of the state and their aquatic life, while protecting generally public rights of navigation and corollary rights incidental thereto.

      The legislature declares that the interest of all of the people shall be paramount in the management of shorelines of state-wide significance. The department, in adopting guidelines for shorelines of state-wide significance, and local government, in developing master programs for shorelines of state-wide significance, shall give preference to uses in the following order of preference which:

      (1) Recognize and protect the state-wide interest over local interest;

      (2) Preserve the natural character of the shoreline;

      (3) Result in long term over short term benefit;

      (4) Protect the resources and ecology of the shoreline;

      (5) Increase public access to publicly owned areas of the shorelines;

      (6) Increase recreational opportunities for the public in the shoreline;

      (7) Provide for any other element as defined in RCW 90.58.100 deemed appropriate or necessary.

      In the implementation of this policy the public's opportunity to enjoy the physical and aesthetic qualities of natural shorelines of the state shall be preserved to the greatest extent feasible consistent with the overall best interest of the state and the people generally. To this end uses shall be preferred which are consistent with control of pollution and prevention of damage to the natural environment, or are unique to or dependent upon use of the state's shoreline. Alterations of the natural condition of the shorelines of the state, in those limited instances when authorized, shall be given priority for single family residences and their appurtenant structures, ports, shoreline recreational uses including but not limited to parks, marinas, piers, and other improvements facilitating public access to shorelines of the state, industrial and commercial developments which are particularly dependent on their location on or use of the shorelines of the state and other development that will provide an opportunity for substantial numbers of the people to enjoy the shorelines of the state. Alterations of the natural condition of the shorelines and ((wetlands)) shorelands of the state shall be recognized by the department. Shorelines and ((wetlands)) shorelands of the state shall be appropriately classified and these classifications shall be revised when circumstances warrant regardless of whether the change in circumstances occurs through man-made causes or natural causes. Any areas resulting from alterations of the natural condition of the shorelines and ((wetlands)) shorelands of the state no longer meeting the definition of "shorelines of the state" shall not be subject to the provisions of chapter 90.58 RCW.

      Permitted uses in the shorelines of the state shall be designed and conducted in a manner to minimize, insofar as practical, any resultant damage to the ecology and environment of the shoreline area and any interference with the public's use of the water.

      Sec. 302. RCW 90.58.030 and 1987 c 474 s 1 are each amended to read as follows:

      As used in this chapter, unless the context otherwise requires, the following definitions and concepts apply:

      (1) Administration:

      (a) "Department" means the department of ecology;

      (b) "Director" means the director of the department of ecology;

      (c) "Local government" means any county, incorporated city, or town which contains within its boundaries any lands or waters subject to this chapter;

      (d) "Person" means an individual, partnership, corporation, association, organization, cooperative, public or municipal corporation, or agency of the state or local governmental unit however designated;

      (e) "Hearing board" means the shoreline hearings board established by this chapter.

      (2) Geographical:

      (a) "Extreme low tide" means the lowest line on the land reached by a receding tide;

      (b) "Ordinary high water mark" on all lakes, streams, and tidal water is that mark that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland, in respect to vegetation as that condition exists on June 1, 1971, as it may naturally change thereafter, or as it may change thereafter in accordance with permits issued by a local government or the department: PROVIDED, That in any area where the ordinary high water mark cannot be found, the ordinary high water mark adjoining salt water shall be the line of mean higher high tide and the ordinary high water mark adjoining fresh water shall be the line of mean high water;

      (c) "Shorelines of the state" are the total of all "shorelines" and "shorelines of state-wide significance" within the state;

      (d) "Shorelines" means all of the water areas of the state, including reservoirs, and their associated ((wetlands)) shorelands, together with the lands underlying them; except (i) shorelines of state-wide significance; (ii) shorelines on segments of streams upstream of a point where the mean annual flow is twenty cubic feet per second or less and the wetlands associated with such upstream segments; and (iii) shorelines on lakes less than twenty acres in size and wetlands associated with such small lakes;

      (e) "Shorelines of state-wide significance" means the following shorelines of the state:

      (i) The area between the ordinary high water mark and the western boundary of the state from Cape Disappointment on the south to Cape Flattery on the north, including harbors, bays, estuaries, and inlets;

      (ii) Those areas of Puget Sound and adjacent salt waters and the Strait of Juan de Fuca between the ordinary high water mark and the line of extreme low tide as follows:

      (A) Nisqually Delta--from DeWolf Bight to Tatsolo Point,

      (B) Birch Bay--from Point Whitehorn to Birch Point,

      (C) Hood Canal--from Tala Point to Foulweather Bluff,

      (D) Skagit Bay and adjacent area--from Brown Point to Yokeko Point, and

      (E) Padilla Bay--from March Point to William Point;

      (iii) Those areas of Puget Sound and the Strait of Juan de Fuca and adjacent salt waters north to the Canadian line and lying seaward from the line of extreme low tide;

      (iv) Those lakes, whether natural, artificial, or a combination thereof, with a surface acreage of one thousand acres or more measured at the ordinary high water mark;

      (v) Those natural rivers or segments thereof as follows:

      (A) Any west of the crest of the Cascade range downstream of a point where the mean annual flow is measured at one thousand cubic feet per second or more,

      (B) Any east of the crest of the Cascade range downstream of a point where the annual flow is measured at two hundred cubic feet per second or more, or those portions of rivers east of the crest of the Cascade range downstream from the first three hundred square miles of drainage area, whichever is longer;

      (vi) Those ((wetlands)) shorelands associated with (i), (ii), (iv), and (v) of this subsection (2)(e);

      (f) "((Wetlands)) Shorelands" or "((wetland)) shoreland areas" means those lands extending landward for two hundred feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous floodplain areas landward two hundred feet from such floodways; and all ((marshes, bogs, swamps,)) wetlands and river deltas associated with the streams, lakes, and tidal waters which are subject to the provisions of this chapter; the same to be designated as to location by the department of ecology((: PROVIDED, That)). Any county or city may determine that portion of a one-hundred-year-flood plain to be included in its master program as long as such portion includes, as a minimum, the floodway and the adjacent land extending landward two hundred feet therefrom;

      (g) "Floodway" means those portions of the area of a river valley lying streamward from the outer limits of a watercourse upon which flood waters are carried during periods of flooding that occur with reasonable regularity, although not necessarily annually, said floodway being identified, under normal condition, by changes in surface soil conditions or changes in types or quality of vegetative ground cover condition. The floodway shall not include those lands that can reasonably be expected to be protected from flood waters by flood control devices maintained by or maintained under license from the federal government, the state, or a political subdivision of the state;

      (h) "Wetlands" means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities. Wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate the conversion of wetlands.

      (3) Procedural terms:

      (a) "Guidelines" means those standards adopted to implement the policy of this chapter for regulation of use of the shorelines of the state prior to adoption of master programs. Such standards shall also provide criteria to local governments and the department in developing master programs;

      (b) "Master program" shall mean the comprehensive use plan for a described area, and the use regulations together with maps, diagrams, charts, or other descriptive material and text, a statement of desired goals, and standards developed in accordance with the policies enunciated in RCW 90.58.020;

      (c) "State master program" is the cumulative total of all master programs approved or adopted by the department of ecology;

      (d) "Development" means a use consisting of the construction or exterior alteration of structures; dredging; drilling; dumping; filling; removal of any sand, gravel, or minerals; bulkheading; driving of piling; placing of obstructions; or any project of a permanent or temporary nature which interferes with the normal public use of the surface of the waters overlying lands subject to this chapter at any state of water level;

      (e) "Substantial development" shall mean any development of which the total cost or fair market value exceeds two thousand five hundred dollars, or any development which materially interferes with the normal public use of the water or shorelines of the state; except that the following shall not be considered substantial developments for the purpose of this chapter:

      (i) Normal maintenance or repair of existing structures or developments, including damage by accident, fire, or elements;

      (ii) Construction of the normal protective bulkhead common to single family residences;

      (iii) Emergency construction necessary to protect property from damage by the elements;

      (iv) Construction and practices normal or necessary for farming, irrigation, and ranching activities, including agricultural service roads and utilities on ((wetlands)) shorelands, and the construction and maintenance of irrigation structures including but not limited to head gates, pumping facilities, and irrigation channels((: PROVIDED, That)). A feedlot of any size, all processing plants, other activities of a commercial nature, alteration of the contour of the ((wetlands)) shorelands by leveling or filling other than that which results from normal cultivation, shall not be considered normal or necessary farming or ranching activities. A feedlot shall be an enclosure or facility used or capable of being used for feeding livestock hay, grain, silage, or other livestock feed, but shall not include land for growing crops or vegetation for livestock feeding and/or grazing, nor shall it include normal livestock wintering operations;

      (v) Construction or modification of navigational aids such as channel markers and anchor buoys;

      (vi) Construction on ((wetlands)) shorelands by an owner, lessee, or contract purchaser of a single family residence for his own use or for the use of his family, which residence does not exceed a height of thirty-five feet above average grade level and which meets all requirements of the state agency or local government having jurisdiction thereof, other than requirements imposed pursuant to this chapter;

      (vii) Construction of a dock, including a community dock, designed for pleasure craft only, for the private noncommercial use of the owner, lessee, or contract purchaser of single and multiple family residences, the cost of which does not exceed two thousand five hundred dollars;

      (viii) Operation, maintenance, or construction of canals, waterways, drains, reservoirs, or other facilities that now exist or are hereafter created or developed as a part of an irrigation system for the primary purpose of making use of system waters, including return flow and artificially stored ground water for the irrigation of lands;

      (ix) The marking of property lines or corners on state owned lands, when such marking does not significantly interfere with normal public use of the surface of the water;

      (x) Operation and maintenance of any system of dikes, ditches, drains, or other facilities existing on September 8, 1975, which were created, developed, or utilized primarily as a part of an agricultural drainage or diking system((;

      (xi) Any action commenced prior to December 31, 1982, pertaining to (A) the restoration of interim transportation services as may be necessary as a consequence of the destruction of the Hood Canal bridge, including, but not limited to, improvements to highways, development of park and ride facilities, and development of ferry terminal facilities until a new or reconstructed Hood Canal bridge is open to traffic; and (B) the reconstruction of a permanent bridge at the site of the original Hood Canal bridge)).

      Sec. 303. RCW 90.58.050 and 1971 ex.s. c 286 s 5 are each amended to read as follows:

      This chapter establishes a cooperative program of shoreline management between local government and the state. Local government shall have the primary responsibility for initiating the planning required by this chapter and administering the regulatory program consistent with the policy and provisions of this chapter. The department shall act primarily in a supportive and review capacity with ((primary)) an emphasis on providing assistance to local government and on insuring compliance with the policy and provisions of this chapter.

      Sec. 304. RCW 90.58.060 and 1971 ex.s. c 286 s 6 are each amended to read as follows:

      (1) ((Within one hundred twenty days from June 1, 1971,)) The department shall ((submit to local governments proposed)) periodically review and adopt guidelines consistent with RCW 90.58.020, containing the elements specified in RCW 90.58.100 for:

      (a) Development of master programs for regulation of the uses of shorelines; and

      (b) Development of master programs for regulation of the uses of shorelines of state-wide significance.

      (2) Before adopting or amending guidelines under this section, the department shall provide an opportunity for public review and comment as follows:

      (a) The department shall mail copies of the proposal to all cities, counties, and federally recognized Indian tribes, and to any other person who has requested a copy, and shall publish the proposed guidelines in the Washington state register. Comments shall be submitted in writing to the department within sixty days from ((receipt of such proposed guidelines, local governments shall submit to the department in writing proposed changes, if any, and comments upon the proposed guidelines.

      (3) Thereafter and within one hundred twenty days from the submission of such proposed guidelines to local governments, the department, after review and consideration of the comments and suggestions submitted to it, shall resubmit final proposed guidelines.

      (4) Within sixty days thereafter public hearings shall be held by)) the date the proposal has been published in the register.

      (b) The department ((in Olympia and Spokane, at which interested public and private parties shall have the opportunity)) shall hold at least four public hearings on the proposal in different locations throughout the state to provide a reasonable opportunity for residents in all parts of the state to present statements and views on the proposed guidelines. Notice of ((such)) the hearings shall be published at least once in each of the three weeks immediately preceding the hearing in one or more newspapers of general circulation in each county of the state. If an amendment to the guidelines addresses an issue limited to one geographic area, the number and location of hearings may be adjusted consistent with the intent of this subsection to assure all parties a reasonable opportunity to comment on the proposed amendment. The department shall accept written comments on the proposal during the sixty-day public comment period and for seven days after the final public hearing.

      (c) At the conclusion of the public comment period, the department shall review the comments received and modify the proposal consistent with the provisions of this chapter. The proposal shall then be published for adoption pursuant to the provisions of chapter 34.05 RCW.

      (((5) Within ninety days following such public hearings, the department at a public hearing to be held in Olympia shall adopt guidelines.)) (3) The department may propose amendments to the guidelines not more than once each year. At least once every five years the department shall conduct a review of the guidelines pursuant to the procedures outlined in subsection (2) of this section.

      Sec. 305. RCW 90.58.080 and 1974 ex.s. c 61 s 1 are each amended to read as follows:

      Local governments ((are directed with regard to shorelines of the state within their various jurisdictions as follows:

      (1) To complete within eighteen months after June 1, 1971, a comprehensive inventory of such shorelines. Such inventory shall include but not be limited to the general ownership patterns of the lands located therein in terms of public and private ownership, a survey of the general natural characteristics thereof, present uses conducted therein and initial projected uses thereof;

      (2) To)) shall develop or amend, within twenty-four months after the adoption of guidelines as provided in RCW 90.58.060, a master program for regulation of uses of the shorelines of the state consistent with the required elements of the guidelines adopted by the department.

      Sec. 306. RCW 90.58.090 and 1971 ex.s. c 286 s 9 are each amended to read as follows:

      (1) A master program((s or segments thereof)), segment of a master program, or an amendment to a master program shall become effective when ((adopted or)) approved by the department ((as appropriate)). Within the time period provided in RCW 90.58.080, each local government shall have submitted a master program, either totally or by segments, for all shorelines of the state within its jurisdiction to the department for review and approval.

      (2) Upon receipt of a proposed master program or amendment, the department shall:

      (a) Provide notice to and opportunity for written comment by all interested parties of record as a part of the local government review process for the proposal and to all persons, groups, and agencies that have requested in writing notice of proposed master programs or amendments generally or for a specific area, subject matter, or issue. The comment period shall be at least thirty days, unless the department determines that the level of complexity or controversy involved supports a shorter period;

      (b) In the department's discretion, conduct a public hearing during the thirty-day comment period in the jurisdiction proposing the master program or amendment;

      (c) Within fifteen days after the close of public comment, request the local government to review the issues identified by the public, interested parties, groups, and agencies and provide a written response as to how the proposal addresses the identified issues;

      (d) Within thirty days after receipt of the local government response pursuant to (c) of this subsection, make written findings and conclusions regarding the consistency of the proposal with the policy of RCW 90.58.020 and the applicable guidelines, provide a response to the issues identified in (c) of this subsection, and either approve the proposal as submitted, recommend specific changes necessary to make the proposal approvable, or deny approval of the proposal in those instances where no alteration of the proposal appears likely to be consistent with the policy of RCW 90.58.020 and the applicable guidelines. The written findings and conclusions shall be provided to the local government, all interested persons, parties, groups, and agencies of record on the proposal;

      (e) If the department recommends changes to the proposed master program or amendment, within thirty days after the department mails the written findings and conclusions to the local government, the local government may:

      (i) Agree to the proposed changes. The receipt by the department of the written notice of agreement constitutes final action by the department approving the amendment; or

      (ii) Submit an alternative proposal. If, in the opinion of the department, the alternative is consistent with the purpose and intent of the changes originally submitted by the department and with this chapter it shall approve the changes and provide written notice to all recipients of the written findings and conclusions. If the department determines the proposal is not consistent with the purpose and intent of the changes proposed by the department, the department may resubmit the proposal for public and agency review pursuant to this section or reject the proposal.

      (((1) As to those segments of the master program relating to shorelines, they shall be approved by))

      (3) The department shall approve the segment of a master program relating to shorelines unless it determines that the submitted segments are not consistent with the policy of RCW 90.58.020 and the applicable guidelines. ((If approval is denied, the department shall state within ninety days from the date of submission in detail the precise facts upon which that decision is based, and shall submit to the local government suggested modifications to the program to make it consistent with said policy and guidelines. The local government shall have ninety days after it receives recommendations from the department to make modifications designed to eliminate the inconsistencies and to resubmit the program to the department for approval. Any resubmitted program shall take effect when and in such form and content as is approved by the department.

      (2) As to)) (4) The department shall approve those segments of the master program relating to shorelines of state-wide significance ((the department shall have full authority following review and evaluation of the submission by local government to develop and adopt an alternative to the local government's proposal if in the department's opinion the program submitted does not)) only after determining the program provides the optimum implementation of the policy of this chapter to satisfy the state-wide interest. ((If the submission by local government is not approved, the department shall suggest modifications to the local government within ninety days from receipt of the submission. The local government shall have ninety days after it receives said modifications to consider the same and resubmit a master program to the department. Thereafter, the department shall adopt the resubmitted program or, if the department determines that said program does not provide for optimum implementation, it may develop and adopt an alternative as hereinbefore provided.)) If the department does not approve a segment of a local government master program relating to a shoreline of state-wide significance, the department may develop and by rule adopt an alternative to the local government̓s proposal.

      (((3))) (5) In the event a local government has not complied with the requirements of RCW 90.58.070 it may thereafter upon written notice to the department elect to adopt a master program for the shorelines within its jurisdiction, in which event it shall comply with the provisions established by this chapter for the adoption of a master program for such shorelines.

      Upon approval of such master program by the department it shall supersede such master program as may have been adopted by the department for such shorelines.

      (6) A master program or amendment to a master program takes effect when and in such form as approved or adopted by the department. The department shall maintain a record of each master program, the action taken on any proposal for adoption or amendment of the master program, and any appeal of the department's action. The department's approved document of record constitutes the official master program.

      Sec. 307. RCW 90.58.100 and 1992 c 105 s 2 are each amended to read as follows:

      (1) The master programs provided for in this chapter, when adopted ((and)) or approved by the department((, as appropriate,)) shall constitute use regulations for the various shorelines of the state. In preparing the master programs, and any amendments thereto, the department and local governments shall to the extent feasible:

      (a) Utilize a systematic interdisciplinary approach which will insure the integrated use of the natural and social sciences and the environmental design arts;

      (b) Consult with and obtain the comments of any federal, state, regional, or local agency having any special expertise with respect to any environmental impact;

      (c) Consider all plans, studies, surveys, inventories, and systems of classification made or being made by federal, state, regional, or local agencies, by private individuals, or by organizations dealing with pertinent shorelines of the state;

      (d) Conduct or support such further research, studies, surveys, and interviews as are deemed necessary;

      (e) Utilize all available information regarding hydrology, geography, topography, ecology, economics, and other pertinent data;

      (f) Employ, when feasible, all appropriate, modern scientific data processing and computer techniques to store, index, analyze, and manage the information gathered.

      (2) The master programs shall include, when appropriate, the following:

      (a) An economic development element for the location and design of industries, transportation facilities, port facilities, tourist facilities, commerce and other developments that are particularly dependent on their location on or use of the shorelines of the state;

      (b) A public access element making provision for public access to publicly owned areas;

      (c) A recreational element for the preservation and enlargement of recreational opportunities, including but not limited to parks, tidelands, beaches, and recreational areas;

      (d) A circulation element consisting of the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, and other public utilities and facilities, all correlated with the shoreline use element;

      (e) A use element which considers the proposed general distribution and general location and extent of the use on shorelines and adjacent land areas for housing, business, industry, transportation, agriculture, natural resources, recreation, education, public buildings and grounds, and other categories of public and private uses of the land;

      (f) A conservation element for the preservation of natural resources, including but not limited to scenic vistas, aesthetics, and vital estuarine areas for fisheries and wildlife protection;

      (g) An historic, cultural, scientific, and educational element for the protection and restoration of buildings, sites, and areas having historic, cultural, scientific, or educational values;

      (h) An element that gives consideration to the state-wide interest in the prevention and minimization of flood damages; and

      (i) Any other element deemed appropriate or necessary to effectuate the policy of this chapter.

      (3) The master programs shall include such map or maps, descriptive text, diagrams and charts, or other descriptive material as are necessary to provide for ease of understanding.

      (4) Master programs will reflect that state-owned shorelines of the state are particularly adapted to providing wilderness beaches, ecological study areas, and other recreational activities for the public and will give appropriate special consideration to same.

      (5) Each master program shall contain provisions to allow for the varying of the application of use regulations of the program, including provisions for permits for conditional uses and variances, to insure that strict implementation of a program will not create unnecessary hardships or thwart the policy enumerated in RCW 90.58.020. Any such varying shall be allowed only if extraordinary circumstances are shown and the public interest suffers no substantial detrimental effect. The concept of this subsection shall be incorporated in the rules adopted by the department relating to the establishment of a permit system as provided in RCW 90.58.140(3).

      (6) Each master program shall contain standards governing the protection of single family residences and appurtenant structures against damage or loss due to shoreline erosion. The standards shall govern the issuance of substantial development permits for shoreline protection, including structural methods such as construction of bulkheads, and nonstructural methods of protection. The standards shall provide for methods which achieve effective and timely protection against loss or damage to single family residences and appurtenant structures due to shoreline erosion. The standards shall provide a preference for permit issuance for measures to protect single family residences occupied prior to January 1, 1992, where the proposed measure is designed to minimize harm to the shoreline natural environment.

      Sec. 308. RCW 90.58.120 and 1989 c 175 s 182 are each amended to read as follows:

      All rules, regulations, ((master programs,)) designations, and guidelines, issued by the department, and master programs and amendments adopted by the department pursuant to RCW 90.58.070(2) or 90.58.090(4) shall be adopted or approved in accordance with the provisions of RCW 34.05.310 through 34.05.395 insofar as such provisions are not inconsistent with the provisions of this chapter. In addition:

      (1) Prior to the ((approval or)) adoption by the department of a master program, or portion thereof pursuant to RCW 90.58.070(2) or 90.58.090(4), at least one public hearing shall be held in each county affected by a program or portion thereof for the purpose of obtaining the views and comments of the public. Notice of each such hearing shall be published at least once in each of the three weeks immediately preceding the hearing in one or more newspapers of general circulation in the county in which the hearing is to be held.

      (2) All guidelines, regulations, designations, or master programs adopted or approved under this chapter shall be available for public inspection at the office of the department or the appropriate county ((auditor)) and city ((clerk)). The terms "adopt" and "approve" for purposes of this section, shall include modifications and rescission of guidelines.

      Sec. 309. RCW 90.58.140 and 1992 c 105 s 3 are each amended to read as follows:

      (1) A development shall not be undertaken on the shorelines of the state unless it is consistent with the policy of this chapter and, after adoption or approval, as appropriate, the applicable guidelines, rules, or master program.

      (2) A substantial development shall not be undertaken on shorelines of the state without first obtaining a permit from the government entity having administrative jurisdiction under this chapter.

      A permit shall be granted:

      (a) From June 1, 1971, until such time as an applicable master program has become effective, only when the development proposed is consistent with: (i) The policy of RCW 90.58.020; and (ii) after their adoption, the guidelines and rules of the department; and (iii) so far as can be ascertained, the master program being developed for the area;

      (b) After adoption or approval, as appropriate, by the department of an applicable master program, only when the development proposed is consistent with the applicable master program and ((the provisions of)) this chapter ((90.58 RCW)).

      (3) The local government shall establish a program, consistent with rules adopted by the department, for the administration and enforcement of the permit system provided in this section. The administration of the system so established shall be performed exclusively by the local government.

      (4) Except as otherwise specifically provided in subsection (((13))) (11) of this section, the local government shall require notification of the public of all applications for permits governed by any permit system established pursuant to subsection (3) of this section by ensuring that((:

      (a) A notice of such an application is published at least once a week on the same day of the week for two consecutive weeks in a legal newspaper of general circulation within the area in which the development is proposed; and

      (b) Additional)) notice of ((such an)) the application is given by at least one of the following methods:

      (((i))) (a) Mailing of the notice to the latest recorded real property owners as shown by the records of the county assessor within at least three hundred feet of the boundary of the property upon which the substantial development is proposed;

      (((ii))) (b) Posting of the notice in a conspicuous manner on the property upon which the project is to be constructed; or

      (((iii))) (c) Any other manner deemed appropriate by local authorities to accomplish the objectives of reasonable notice to adjacent landowners and the public.

      The notices shall include a statement that any person desiring to submit written comments concerning an application, or desiring to receive ((a copy)) notification of the final ((order)) decision concerning an application as expeditiously as possible after the issuance of the ((order)) decision, may submit the comments or requests for ((orders)) decisions to the local government within thirty days of the last date the notice is to be published pursuant to ((subsection (a) of)) this subsection. The local government shall forward, in a timely manner following the issuance of ((an order)) a decision, a copy of the ((order)) decision to each person who submits a request for the ((order)) decision.

      If a hearing is to be held on an application, notices of such a hearing shall include a statement that any person may submit oral or written comments on an application at the hearing.

      (5) The system shall include provisions to assure that construction pursuant to a permit will not begin or be authorized until ((thirty)) twenty-one days from the date the ((final order)) permit decision was filed as provided in subsection (6) of this section; or until all review proceedings are terminated if the proceedings were initiated within ((thirty)) twenty-one days from the date of filing as defined in subsection (6) of this section except as follows:

      (a) In the case of any permit issued to the state of Washington, department of transportation, for the construction and modification of SR 90 (I-90) on or adjacent to Lake Washington, the construction may begin after thirty days from the date of filing, and the permits are valid until December 31, 1995;

      (b) Construction may be commenced no sooner than thirty days after the date of the appeal of the board's decision is filed if a permit is granted by the local government and (i) the granting of the permit is appealed to the shorelines hearings board within ((thirty)) twenty-one days of the date of filing, (ii) the hearings board approves the granting of the permit by the local government or approves a portion of the substantial development for which the local government issued the permit, and (iii) an appeal for judicial review of the hearings board decision is filed pursuant to chapter 34.05 RCW((, the permittee)). The appellant may request, within ten days of the filing of the appeal with the court, a hearing before the court to determine whether construction ((may begin)) pursuant to the permit approved by the hearings board or to a revised permit issued pursuant to the order of the hearings board should not commence. If, at the conclusion of the hearing, the court finds that construction pursuant to such a permit would ((not)) involve a significant, irreversible damaging of the environment, the court ((may allow)) shall prohibit the permittee ((to begin)) from commencing the construction pursuant to the approved or revised permit ((as the court deems appropriate. The court may require the permittee to post bonds, in the name of the local government that issued the permit, sufficient to remove the substantial development or to restore the environment if the permit is ultimately disapproved by the courts, or to alter the substantial development if the alteration is ultimately ordered by the courts)) until all review proceedings are final. Construction pursuant to a permit revised at the direction of the hearings board may begin only on that portion of the substantial development for which the local government had originally issued the permit, and construction pursuant to such a revised permit on other portions of the substantial development may not begin until after all review proceedings are terminated. In such a hearing before the court, the burden of proving whether the construction may involve significant irreversible damage to the environment and demonstrating whether such construction would or would not be appropriate is on the appellant;

      (c) ((If a permit is granted by the local government and the granting of the permit is appealed directly to the superior court for judicial review pursuant to the proviso in RCW 90.58.180(1), the permittee may request the court to remand the appeal to the shorelines hearings board, in which case the appeal shall be so remanded and construction pursuant to such a permit shall be governed by the provisions of subsection (b) of this subsection or may otherwise begin after review proceedings before the hearings board are terminated if judicial review is not thereafter requested pursuant to chapter 34.05 RCW;

      (d))) If the permit is for a substantial development meeting the requirements of subsection (((13))) (11) of this section, construction pursuant to that permit may not begin or be authorized until ((thirty)) twenty-one days from the date the ((final order)) permit decision was filed as provided in subsection (6) of this section.

      If a permittee begins construction pursuant to subsections (a), (b), or (c)((, or (d))) of this subsection, the construction is begun at the permittee's own risk. If, as a result of judicial review, the courts order the removal of any portion of the construction or the restoration of any portion of the environment involved or require the alteration of any portion of a substantial development constructed pursuant to a permit, the permittee is barred from recovering damages or costs involved in adhering to such requirements from the local government that granted the permit, the hearings board, or any appellant or intervener.

      (6) Any ((ruling)) decision on an application for a permit under the authority of this section, whether it is an approval or a denial, shall, concurrently with the transmittal of the ruling to the applicant, be filed with the department and the attorney general. With regard to a permit other than a permit governed by subsection (((12))) (10) of this section, "date of filing" as used herein means the date of actual receipt by the department. With regard to a permit for a variance or a conditional use, "date of filing" means the date a decision of the department rendered on the permit pursuant to subsection (((12))) (10) of this section is transmitted by the department to the local government. The department shall notify in writing the local government and the applicant of the date of filing.

      (7) Applicants for permits under this section have the burden of proving that a proposed substantial development is consistent with the criteria that must be met before a permit is granted. In any review of the granting or denial of an application for a permit as provided in RCW 90.58.180 (1) and (2), the person requesting the review has the burden of proof.

      (8) Any permit may, after a hearing with adequate notice to the permittee and the public, be rescinded by the issuing authority upon the finding that a permittee has not complied with conditions of a permit. If the department is of the opinion that noncompliance exists, the department shall provide written notice to the local government and the permittee. If the department is of the opinion that the noncompliance continues to exist thirty days after the date of the notice, and the local government has taken no action to rescind the permit, the department may petition the hearings board for a rescission of the permit upon written notice of the petition to the local government and the permittee if the request by the department is made to the hearings board within fifteen days of the termination of the thirty-day notice to the local government.

      (9) The holder of a certification from the governor pursuant to chapter 80.50 RCW shall not be required to obtain a permit under this section.

      (10) ((A permit shall not be required for any development on shorelines of the state included within a preliminary or final plat approved by the applicable state agency or local government before April 1, 1971, if:

      (a) The final plat was approved after April 13, 1961, or the preliminary plat was approved after April 30, 1969; and

      (b) The development is completed within two years after June 1, 1971.

      (11) The applicable state agency or local government is authorized to approve a final plat with respect to shorelines of the state included within a preliminary plat approved after April 30, 1969, and before April 1, 1971: PROVIDED, That any substantial development within the platted shorelines of the state is authorized by a permit granted pursuant to this section, or does not require a permit as provided in subsection (10) of this section, or does not require a permit because of substantial development occurred before June 1, 1971.

      (12))) Any permit for a variance or a conditional use by local government under approved master programs must be submitted to the department for its approval or disapproval.

      (((13))) (11)(a) An application for a substantial development permit for a limited utility extension or for the construction of a bulkhead or other measures to protect a single family residence and its appurtenant structures from shoreline erosion shall be subject to the following procedures:

      (i) The public comment period under subsection (4) of this section shall be twenty days. The notice provided under subsection (4) of this section shall state the manner in which the public may obtain a copy of the local government decision on the application no later than two days following its issuance;

      (ii) The local government shall issue its decision to grant or deny the permit within twenty-one days of the last day of the comment period specified in (i) of this subsection; and

      (iii) If there is an appeal of the decision to grant or deny the permit to the local government legislative authority, the appeal shall be finally determined by the legislative authority within thirty days.

      (b) For purposes of this section, a limited utility extension means the extension of a utility service that:

      (i) Is categorically exempt under chapter 43.21C RCW for one or more of the following: Natural gas, electricity, telephone, water, or sewer;

      (ii) Will serve an existing use in compliance with this chapter; and

      (iii) Will not extend more than twenty-five hundred linear feet within the shorelines of the state.

      Sec. 310. RCW 90.58.180 and 1994 c 253 s 3 are each amended to read as follows:

      (1) Any person aggrieved by the granting, denying, or rescinding of a permit on shorelines of the state pursuant to RCW 90.58.140 may seek review from the shorelines hearings board by filing a ((request for the same)) petition for review within ((thirty)) twenty-one days of the date of filing as defined in RCW 90.58.140(6).

      ((Concurrently with)) Within seven days of the filing of any ((request)) petition for review with the board as provided in this section pertaining to a final ((order)) decision of a local government, the ((requestor)) petitioner shall ((file a copy)) serve copies of ((his or her request with)) the petition on the department and the office of the attorney general. ((If it appears to the department or the attorney general that the requestor has valid reasons to seek review, either the department or the attorney general may certify the request within thirty days after its receipt to the shorelines hearings board following which the board shall then, but not otherwise, review the matter covered by the requestor. The failure to obtain such certification shall not preclude the requestor from obtaining a review in the superior court under any right to review otherwise available to the requestor.)) The department and the attorney general may intervene to protect the public interest and insure that the provisions of this chapter are complied with at any time within fifteen days from the date of the receipt by the department or the attorney general of a copy of the ((request)) petition for review filed pursuant to this section. The shorelines hearings board shall ((initially)) schedule review proceedings on ((such requests)) the petition for review without regard as to whether ((such requests have or have not been certified or as to whether)) the period for the department or the attorney general to intervene has or has not expired((, unless such review is to begin within thirty days of such scheduling. If at the end of the thirty day period for certification neither the department nor the attorney general has certified a request for review, the hearings board shall remove the request from its review schedule)).

      (2) The department or the attorney general may obtain review of any final ((order)) decision granting a permit, or granting or denying an application for a permit issued by a local government by filing a written ((request)) petition with the shorelines hearings board and the appropriate local government within ((thirty)) twenty-one days from the date the final ((order)) decision was filed as provided in RCW 90.58.140(6).

      (3) The review proceedings authorized in subsections (1) and (2) of this section are subject to the provisions of chapter 34.05 RCW pertaining to procedures in adjudicative proceedings. Judicial review of such proceedings of the shorelines hearings board is governed by chapter 34.05 RCW. The board shall issue its decision on the appeal authorized under subsections (1) and (2) of this section within one hundred eighty days after the date the petition is filed with the board or a petition to intervene is filed by the department or the attorney general, whichever is later. The time period may be extended by the board for a period of thirty days upon a showing of good cause or may be waived by the parties.

      (4) ((A local government may appeal to the shorelines hearings board)) Any person may appeal any rules, regulations, or guidelines adopted or approved by the department within thirty days of the date of the adoption or approval. The board shall make a final decision within sixty days following the hearing held thereon.

      ((If the board)) (5) The board shall find the rule, regulation, or guideline to be valid and enter a final decision to that effect unless it determines that the rule, regulation, or guideline:

      (a) Is clearly erroneous in light of the policy of this chapter; or

      (b) Constitutes an implementation of this chapter in violation of constitutional or statutory provisions; or

      (c) Is arbitrary and capricious; or

      (d) Was developed without fully considering and evaluating all material submitted to the department ((by the local government)) during public review and comment; or

      (e) Was not adopted in accordance with required procedures((;)).

      (6) If the board makes a determination under subsection (5) (a) through (e) of this section, it shall enter a final decision declaring the rule, regulation, or guideline invalid, remanding the rule, regulation, or guideline to the department with a statement of the reasons in support of the determination, and directing the department to adopt, after a thorough consultation with the affected local government and any other interested party, a new rule, regulation, or guideline consistent with the board's decision. ((Unless the board makes one or more of the determinations as hereinbefore provided, the board shall find the rule, regulation, or guideline to be valid and enter a final decision to that effect.

      (5) Rules, regulations, and guidelines)) (7) A decision of the board on the validity of a rule, regulation, or guideline shall be subject to review in superior court, if authorized pursuant to ((RCW 34.05.570(2). No review shall be granted by a superior court on petition from a local government unless the local government shall first have obtained review under subsection (4) of this section and the petition for court review is)) chapter 34.05 RCW. A petition for review of the decision of the shorelines hearings board on a rule, regulation, or guideline shall be filed within ((three months)) thirty days after the date of final decision by the shorelines hearings board.

      Sec. 311. RCW 90.58.190 and 1989 c 175 s 184 are each amended to read as follows:

      (1) ((The department and each local government shall periodically review any master programs under its jurisdiction and make such adjustments thereto as are necessary. Any adjustments proposed by a local government to its master program shall be forwarded to the department for review. The department shall approve, reject, or propose modification to the adjustment. If the department either rejects or proposes modification to the master program adjustment, it shall provide substantive written comments as to why the proposal is being rejected or modified.)) The appeal of the department̓s decision to adopt a master program or amendment pursuant to RCW 90.58.070(2) or 90.58.090(4) is governed by RCW 34.05.510 through 34.05.598.

      (2)(a) The department's decision to approve, reject, or modify a proposed master program or amendment adopted by a local government planning under RCW 36.70A.040 shall be appealed to the growth management hearings board with jurisdiction over the local government. The appeal shall be initiated by filing a petition as provided in RCW 36.70A.250 through 36.70A.320.

      (b) If the appeal to the growth management hearings board concerns shorelines, the growth management hearings board shall review the proposed master program or amendment for compliance with the requirements of this chapter and chapter 36.70A RCW, the policy of RCW 90.58.020 and the applicable guidelines, and chapter 43.21C RCW as it relates to the adoption of master programs and amendments under chapter 90.58 RCW.

      (c) If the appeal to the growth management hearings board concerns a shoreline of state-wide significance, the board shall uphold the decision by the department unless the board, by clear and convincing evidence, determines that the decision of the department is inconsistent with the policy of RCW 90.58.020 and the applicable guidelines.

      (d) The appellant has the burden of proof in all appeals to the growth management hearings board under this subsection.

      (e) Any party aggrieved by a final decision of a growth management hearings board under this subsection may appeal the decision to superior court as provided in RCW 36.70A.300.

      ((Any local government aggrieved by)) (3)(a) The department's decision to approve, reject, or modify a proposed master program or master program ((adjustment may appeal the department's decision)) amendment by a local government not planning under RCW 36.70A.040 shall be appealed to the shorelines hearings board by filing a petition within thirty days of the date of the department̓s written notice to the local government of the department̓s decision to approve, reject, or modify a proposed master program or master program amendment as provided in RCW 90.58.090(2).

      (b) In an appeal relating to shorelines, the shorelines hearings board shall review the proposed master program or master program ((adjustment)) amendment and, after full consideration of the presentations of the local government and the department, shall determine the validity of the local government's ((adjustment)) master program or amendment in light of the policy of RCW 90.58.020 and the applicable guidelines.

      (c) In an appeal relating to shorelines of state-wide significance, the shorelines hearings board shall uphold the decision by the department unless ((a local government shall)) the board determines, by clear and convincing evidence ((and argument, persuade the board)) that the decision of the department is inconsistent with the policy of RCW 90.58.020 and the applicable guidelines.

      (d) Review by the shorelines hearings board shall be considered an adjudicative proceeding under chapter 34.05 RCW, the Administrative Procedure Act. The aggrieved local government shall have the burden of proof in all such reviews.

      (e) Whenever possible, the review by the shorelines hearings board shall be heard within the county where the land subject to the proposed master program or master program ((adjustment)) amendment is primarily located. The department and any local government aggrieved by a final decision of the hearings board may appeal the decision to ((the)) superior court ((of ;Thurston county)) as provided in chapter 34.05 RCW.

      (((3))) (4) A master program amendment shall become effective after the approval of the department or after the decision of the shorelines hearings board to uphold the master program or master program ((adjustment)) amendment, provided that the board may remand the master program or master program adjustment to the local government or the department for modification prior to the final adoption of the master program or master program ((adjustment)) amendment.

      Sec. 312. RCW 34.05.461 and 1989 c 175 s 19 are each amended to read as follows:

      (1) Except as provided in subsection (2) of this section:

      (a) If the presiding officer is the agency head or one or more members of the agency head, the presiding officer may enter an initial order if further review is available within the agency, or a final order if further review is not available;

      (b) If the presiding officer is a person designated by the agency to make the final decision and enter the final order, the presiding officer shall enter a final order; and

      (c) If the presiding officer is one or more administrative law judges, the presiding officer shall enter an initial order.

      (2) With respect to agencies exempt from chapter 34.12 RCW or an institution of higher education, the presiding officer shall transmit a full and complete record of the proceedings, including such comments upon demeanor of witnesses as the presiding officer deems relevant, to each agency official who is to enter a final or initial order after considering the record and evidence so transmitted.

      (3) Initial and final orders shall include a statement of findings and conclusions, and the reasons and basis therefor, on all the material issues of fact, law, or discretion presented on the record, including the remedy or sanction and, if applicable, the action taken on a petition for a stay of effectiveness. Any findings based substantially on credibility of evidence or demeanor of witnesses shall be so identified. Findings set forth in language that is essentially a repetition or paraphrase of the relevant provision of law shall be accompanied by a concise and explicit statement of the underlying evidence of record to support the findings. The order shall also include a statement of the available procedures and time limits for seeking reconsideration or other administrative relief. An initial order shall include a statement of any circumstances under which the initial order, without further notice, may become a final order.

      (4) Findings of fact shall be based exclusively on the evidence of record in the adjudicative proceeding and on matters officially noticed in that proceeding. Findings shall be based on the kind of evidence on which reasonably prudent persons are accustomed to rely in the conduct of their affairs. Findings may be based on such evidence even if it would be inadmissible in a civil trial. However, the presiding officer shall not base a finding exclusively on such inadmissible evidence unless the presiding officer determines that doing so would not unduly abridge the parties' opportunities to confront witnesses and rebut evidence. The basis for this determination shall appear in the order.

      (5) Where it bears on the issues presented, the agency's experience, technical competency, and specialized knowledge may be used in the evaluation of evidence.

      (6) If a person serving or designated to serve as presiding officer becomes unavailable for any reason before entry of the order, a substitute presiding officer shall be appointed as provided in RCW 34.05.425. The substitute presiding officer shall use any existing record and may conduct any further proceedings appropriate in the interests of justice.

      (7) The presiding officer may allow the parties a designated time after conclusion of the hearing for the submission of memos, briefs, or proposed findings.

      (8)(a) Except as otherwise provided in (b) of this subsection, initial or final orders shall be served in writing within ninety days after conclusion of the hearing or after submission of memos, briefs, or proposed findings in accordance with subsection (7) of this section unless this period is waived or extended for good cause shown.

      (b) This subsection does not apply to the final order of the shorelines hearings board on appeal under RCW 90.58.180(3).

      (9) The presiding officer shall cause copies of the order to be served on each party and the agency.

      NEW SECTION. Sec. 313. RCW 90.58.145 and 1979 ex.s. c 84 s 4 are each repealed.


PART IV - LOCAL PERMIT PROCESS


      NEW SECTION. Sec. 401. The legislature finds and declares the following:

      (1) As the number of environmental laws and development regulations has increased for land uses and development, so has the number of required local land use permits, each with its own separate approval process.

      (2) The increasing number of local and state land use permits and separate environmental review processes required by agencies has generated continuing potential for conflict, overlap, and duplication between the various permit and review processes.

      (3) This regulatory burden has significantly added to the cost and time needed to obtain local and state land use permits and has made it difficult for the public to know how and when to provide timely comments on land use proposals that require multiple permits and have separate environmental review processes.

      NEW SECTION. Sec. 402. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

      (1) "Closed record appeal" means an administrative appeal on the record to a local government body or officer, including the legislative body, following an open record hearing on a project permit application when the appeal is on the record with no or limited new evidence or information allowed to be submitted and only appeal argument allowed.

      (2) "Local government" means a county, city, or town.

      (3) "Open record hearing" means a hearing, conducted by a single hearing body or officer authorized by the local government to conduct such hearings, that creates the local government's record through testimony and submission of evidence and information, under procedures prescribed by the local government by ordinance or resolution. An open record hearing may be held prior to a local government's decision on a project permit to be known as an "open record predecision hearing." An open record hearing may be held on an appeal, to be known as an "open record appeal hearing," if no open record predecision hearing has been held on the project permit.

      (4) "Project permit" or "project permit application" means any land use or environmental permit or license required from a local government for a project action, including but not limited to building permits, subdivisions, binding site plans, planned unit developments, conditional uses, shoreline substantial development permits, site plan review, permits or approvals required by critical area ordinances, site-specific rezones authorized by a comprehensive plan or subarea plan, but excluding the adoption or amendment of a comprehensive plan, subarea plan, or development regulations except as otherwise specifically included in this subsection.

      (5) "Public meeting" means an informal meeting, hearing, workshop, or other public gathering of people to obtain comments from the public or other agencies on a proposed project permit prior to the local government̓s decision. A public meeting may include, but is not limited to, a design review or architectural control board meeting, a special review district or community council meeting, or a scoping meeting on a draft environmental impact statement. A public meeting does not include an open record hearing. The proceedings at a public meeting may be recorded and a report or recommendation may be included in the local government̓s project permit application file.

      NEW SECTION. Sec. 403. In enacting sections 404 and 405 of this act, the legislature intends to establish a mechanism for implementing the provisions of chapter 36.70A RCW regarding compliance, conformity, and consistency of proposed projects with adopted comprehensive plans and development regulations. In order to achieve this purpose the legislature finds that:

      (1) Given the extensive investment that public agencies and a broad spectrum of the public are making and will continue to make in comprehensive plans and development regulations for their communities, it is essential that project review start from the fundamental land use planning choices made in these plans and regulations. If the applicable regulations or plans identify the type of land use, specify residential density in urban growth areas, and identify and provide for funding of public facilities needed to serve the proposed development and site, these decisions at a minimum provide the foundation for further project review unless there is a question of code interpretation. The project review process, including the environmental review process under chapter 43.21C RCW and the consideration of consistency, should start from this point and should not reanalyze these land use planning decisions in making a permit decision.

      (2) Comprehensive plans and development regulations adopted by local governments under chapter 36.70A RCW and environmental laws and rules adopted by the state and federal government have addressed a wide range of environmental subjects and impacts. These provisions typically require environmental studies and contain specific standards to address various impacts associated with a proposed development, such as building size and location, drainage, transportation requirements, and protection of critical areas. When a permitting agency applies these existing requirements to a proposed project, some or all of a project's potential environmental impacts will be avoided or otherwise mitigated. Through the integrated project review process described in subsection (1) of this section, the local government will determine whether existing requirements, including the applicable regulations or plans, adequately analyze and address a project's environmental impacts. Section 202 of this act provides that project review should not require additional studies or mitigation under chapter 43.21C RCW where existing regulations have adequately addressed a proposed project's probable specific adverse environmental impacts.

      (3) Given the hundreds of jurisdictions and agencies in the state and the numerous communities and applicants affected by development regulations and comprehensive plans adopted under chapter 36.70A RCW, it is essential to establish a uniform framework for considering the consistency of a proposed project with the applicable regulations or plan. Consistency should be determined in the project review process by considering four factors found in applicable regulations or plans: The type of land use allowed; the level of development allowed, such as units per acre or other measures of density; infrastructure, such as the adequacy of public facilities and services to serve the proposed project; and the character of the proposed development, such as compliance with specific development standards. This uniform approach corresponds to existing project review practices and will not place a burden on applicants or local government. The legislature intends that this approach should be largely a matter of checking compliance with existing requirements for most projects, which are simple or routine, while more complex projects may require more analysis. Sections 202 and 404 of this act establish this uniform framework and also direct state agencies to consult with local government and the public to develop a better format than the current environmental checklist to meet this objective.

      (4) When an applicant applies for a project permit, consistency between the proposed project and applicable regulations or plan should be determined through a project review process that integrates land use and environmental impact analysis, so that governmental and public review of the proposed project as required by this chapter, by development regulations under chapter 36.70A RCW, and by the environmental process under chapter 43.21C RCW run concurrently and not separately.

      (5) Sections 404 and 405 of this act address three related needs with respect to how the project review process should address consistency between a proposed project and the applicable regulations or plan:

      (a) A uniform framework for the meaning of consistency;

      (b) An emphasis on relying on existing requirements and adopted standards, with the use of supplemental authority as specified by chapter 43.21C RCW to the extent that existing requirements do not adequately address a project's specific probable adverse environmental impacts; and

      (c) The identification of three basic land use planning choices made in applicable regulations or plans that, at a minimum, serve as a foundation for project review and that should not be reanalyzed during project permitting.

      NEW SECTION. Sec. 404. (1) Fundamental land use planning choices made in adopted comprehensive plans and development regulations shall serve as the foundation for project review. The review of a proposed project's consistency with applicable development regulations, or in the absence of applicable regulations the adopted comprehensive plan, under section 405 of this act shall incorporate the determinations under this section.

      (2) During project review, a local government or any subsequent reviewing body shall determine whether the items listed in this subsection are defined in the development regulations applicable to the proposed project or, in the absence of applicable regulations the adopted comprehensive plan. At a minimum, such applicable regulations or plans shall be determinative of the:

      (a) Type of land use permitted at the site, including uses that may be allowed under certain circumstances, such as planned unit developments and conditional and special uses, if the criteria for their approval have been satisfied;

      (b) Density of residential development in urban growth areas; and

      (c) Availability and adequacy of public facilities identified in the comprehensive plan, if the plan or development regulations provide for funding of these facilities as required by chapter 36.70A RCW.

      (3) During project review, the local government or any subsequent reviewing body shall not reexamine alternatives to or hear appeals on the items identified in subsection (2) of this section, except for issues of code interpretation. As part of its project review process, a local government shall provide a procedure for obtaining a code interpretation as provided in section 415 of this act.

      (4) Pursuant to section 202 of this act, a local government may determine that the requirements for environmental analysis and mitigation measures in development regulations and other applicable laws provide adequate mitigation for some or all of the project's specific adverse environmental impacts to which the requirements apply.

      (5) Nothing in this section limits the authority of a permitting agency to approve, condition, or deny a project as provided in its development regulations adopted under chapter 36.70A RCW and in its policies adopted under RCW 43.21C.060. Project review shall be used to identify specific project design and conditions relating to the character of development, such as the details of site plans, curb cuts, drainage swales, transportation demand management, the payment of impact fees, or other measures to mitigate a proposal's probable adverse environmental impacts, if applicable.

      NEW SECTION. Sec. 405. (1) A proposed project's consistency with a local government's development regulations adopted under chapter 36.70A RCW, or, in the absence of applicable development regulations, the appropriate elements of the comprehensive plan or subarea plan adopted under chapter 36.70A RCW shall be determined by consideration of:

      (a) The type of land use;

      (b) The level of development, such as units per acre or other measures of density;

      (c) Infrastructure, including public facilities and services needed to serve the development; and

      (d) The character of the development, such as development standards.

      (2) In determining consistency, the determinations made pursuant to section 404(2) of this act shall be controlling.

      (3) For purposes of this section, the term "consistency" shall include all terms used in this chapter and chapter 36.70A RCW to refer to the performance in accordance with this chapter and chapter 36.70A RCW, including but not limited to compliance, conformity, and consistency.

      (4) Nothing in this section requires documentation, dictates an agency's procedures for considering consistency, or limits a unit of government from asking more specific or related questions with respect to any of the four main categories listed in subsection (1) (a) through (d) of this section.

      NEW SECTION. Sec. 406. Not later than March 31, 1996, each local government shall provide by ordinance or resolution for review of project permit applications to achieve the following objectives:

      (1) Combine the environmental review process, both procedural and substantive, with the procedure for review of project permits; and

      (2) Except as provided in RCW 43.21C.075(3), provide for no more than one open record hearing and one closed record appeal.

      NEW SECTION. Sec. 407. Not later than March 31, 1996, each local government planning under RCW 36.70A.040 shall establish by ordinance or resolution an integrated and consolidated project permit process that may be included in its development regulations. In addition to the elements required by section 406 of this act, the process shall include the following elements:

      (1) A determination of completeness to the applicant as required by RCW 36.70A.440 (as recodified by this act);

      (2) A notice of application to the public and agencies with jurisdiction as required by section 415 of this act;

      (3) Except as provided in section 418 of this act, an optional consolidated project permit review process as provided in section 416 of this act. The review process shall provide for no more than one consolidated open record hearing and one closed record appeal. If an open record predecision hearing is provided prior to the decision on a project permit, the process shall not allow a subsequent open record appeal hearing;

      (4) Provision allowing for any public meeting or required open record hearing to be combined with any public meeting or open record hearing that may be held on the project by another local, state, regional, federal, or other agency, in accordance with provisions of sections 413 and 415 of this act;

      (5) A single report stating all the decisions made as of the date of the report on all project permits included in the consolidated permit process that do not require an open record predecision hearing. The report shall state any mitigation required or proposed under the development regulations or the agency's authority under RCW 43.21C.060. The report may be the local permit. If a threshold determination other than a determination of significance has not been issued previously by the local government, the report shall include or append this determination.

      (6) Except for the appeal of a determination of significance as provided in RCW 43.21C.075, if a local government elects to provide an appeal of its threshold determinations or project permit decisions, the local government shall provide for no more than one consolidated open record hearing on such appeal. The local government need not provide for any further appeal and may provide an appeal for some but not all project permit decisions. If an appeal is provided after the open record hearing, it shall be a closed record appeal before a single decision-making body or officer;

      (7) A notice of decision as required by section 417 of this act and issued within the time period provided in RCW 36.70A.065 (as recodified by this act) and section 413 of this act;

      (8) Completion of project review by the local government, including environmental review and public review and any appeals to the local government, within any applicable time periods under section 413 of this act; and

      (9) Any other provisions not inconsistent with the requirements of this chapter or chapter 43.21C RCW.

      Sec. 408. RCW 36.70A.440 and 1994 c 257 s 4 are each amended to read as follows:

      ((Each city and county)) (1) Within twenty-eight days after receiving a project permit application, a local government planning pursuant to RCW 36.70A.040 shall((, within twenty working days of receiving a development permit application as defined in RCW 36.70A.030(7),)) mail or provide in person a written ((notice)) determination to the applicant, stating either:

      (a) That the application is complete; or

      (b) That the application is incomplete and what is necessary to make the application complete.

      To the extent known by the ((city or county)) local government, the ((notice)) local government shall identify other agencies of local, state, or federal governments that may have jurisdiction over some aspect of the application.

      (2) A project permit application is complete for purposes of this section when it meets the procedural submission requirements of the local government and is sufficient for continued processing even though additional information may be required or project modifications may be undertaken subsequently. The determination of completeness shall not preclude the local government from requesting additional information or studies either at the time of the notice of completeness or subsequently if new information is required or substantial changes in the proposed action occur.

      (3) The determination of completeness may include the following as optional information:

      (a) A preliminary determination of those development regulations that will be used for project mitigation;

      (b) A preliminary determination of consistency, as provided under section 405 of this act; or

      (c) Other information the local government chooses to include.

      (4)(a) An application shall be deemed complete under this section if the local government does not provide a written determination to the applicant that the application is incomplete as provided in subsection (1)(b) of this section.

      (b) Within fourteen days after an applicant has submitted to a local government additional information identified by the local government as being necessary for a complete application, the local government shall notify the applicant whether the application is complete or what additional information is necessary.

      Sec. 409. RCW 36.70A.065 and 1994 c 257 s 3 are each amended to read as follows:

      Development regulations adopted pursuant to RCW 36.70A.040 shall establish time periods consistent with section 413 of this act for local government actions on specific ((development)) project permit applications and provide timely and predictable procedures to determine whether a completed ((development)) project permit application meets the requirements of those development regulations. Such development regulations shall specify the contents of a completed ((development)) project permit application necessary for the application of such time periods and procedures.

      Sec. 410. RCW 36.70A.065 and 1994 c 257 s 3 are each amended to read as follows:

      Development regulations adopted pursuant to RCW 36.70A.040 shall establish time periods for local government actions on specific ((development)) project permit applications and provide timely and predictable procedures to determine whether a completed ((development)) project permit application meets the requirements of those development regulations. Such development regulations shall specify the contents of a completed ((development)) project permit application necessary for the application of such time periods and procedures.

      NEW SECTION. Sec. 411. The amendments to RCW 36.70A.065 contained in section 409 of this act shall expire July 1, 1998.

      NEW SECTION. Sec. 412. Section 410 of this act shall take effect July 1, 1998.

      NEW SECTION. Sec. 413. (1) Except as otherwise provided in subsection (2) of this section, a local government planning under RCW 36.70A.040 shall issue its notice of final decision on a project permit application within one hundred twenty days after the local government notifies the applicant that the application is complete, as provided in RCW 36.70A.440 (as recodified by this act). In determining the number of days that have elapsed after the local government has notified the applicant that the application is complete, the following periods shall be excluded:

      (a)(i) Any period during which the applicant has been requested by the local government to correct plans, perform required studies, or provide additional required information. The period shall be calculated from the date the local government notifies the applicant of the need for additional information until the earlier of the date the local government determines whether the additional information satisfies the request for information or fourteen days after the date the information has been provided to the local government.

      (ii) If the local government determines that the information submitted by the applicant under (a)(i) of this subsection is insufficient, it shall notify the applicant of the deficiencies and the procedures under (a)(i) of this subsection shall apply as if a new request for studies had been made;

      (b) Any period during which an environmental impact statement is being prepared following a determination of significance pursuant to chapter 43.21C RCW, if the local government by ordinance or resolution has established time periods for completion of environmental impact statements, or if the local government and the applicant in writing agree to a time period for completion of an environmental impact statement;

      (c) Any period for administrative appeals of project permits, if an open record appeal hearing or a closed record appeal, or both, are allowed. The local government by ordinance or resolution shall establish a time period to consider and decide such appeals. The time period shall not exceed: (i) Ninety days for an open record appeal hearing; and (ii) sixty days for a closed record appeal. The parties to an appeal may agree to extend these time periods; and

      (d) Any extension of time mutually agreed upon by the applicant and the local government.

      (2) The time limits established by subsection (1) of this section do not apply if a project permit application:

      (a) Requires an amendment to the comprehensive plan or a development regulation;

      (b) Requires approval of a new fully contained community as provided in RCW 36.70A.350, a master planned resort as provided in RCW 36.70A.360, or the siting of an essential public facility as provided in RCW 36.70A.200; or

      (c) Requires substantial revisions to the project proposal, in which case the time period shall start from the date at which the revised project application is determined to be complete under RCW 36.70A.440 (as recodified by this act).

      (3) If the local government is unable to issue its final decision within the time limits provided for in this section, it shall provide written notice of this fact to the project applicant. The notice shall include a statement of reasons why the time limits have not been met and an estimated date for issuance of the notice of final decision.

      (4) This section shall apply to project permit applications filed on or after April 1, 1996.

      NEW SECTION. Sec. 414. A local government may require the applicant for a project permit to designate a single person or entity to receive determinations and notices required by this chapter.

      NEW SECTION. Sec. 415. (1) Not later than April 1, 1996, a local government planning under RCW 36.70A.040 shall provide a notice of application to the public and the departments and agencies with jurisdiction as provided in this section. If a local government has made a determination of significance under chapter 43.21C RCW concurrently with the notice of application, the notice of application shall be combined with the determination of significance and scoping notice. Nothing in this section prevents a determination of significance and scoping notice from being issued prior to the notice of application.

      (2) The notice of application shall be provided within fourteen days after the determination of completeness as provided in RCW 36.70A.440 (as recodified by this act) and include the following in whatever sequence or format the local government deems appropriate:

      (a) The date of application, the date of the notice of completion for the application, and the date of the notice of application;

      (b) a description of the proposed project action and a list of the project permits included in the application and, if applicable, a list of any studies requested under RCW 36.70A.440 (as recodified by this act) or section 413 of this act;

      (c) The identification of other permits not included in the application to the extent known by the local government;

      (d) The identification of existing environmental documents that evaluate the proposed project, and, if not otherwise stated on the document providing the notice of application, such as a city land use bulletin, the location where the application and any studies can be reviewed;

      (e) A statement of public comment period, which shall be not less than fourteen nor more than thirty days following the date of notice of application, and statements of the right of any person to comment on the application, receive notice of and participate in any hearings, request a copy of the decision once made, and any appeal rights. A local government may accept public comments at any time prior to the closing of the record of an open record predecision hearing, if any, or, if no open record predecision hearing is provided, prior to the decision on the project permit;

      (f) The date, time, place, and type of hearing, if applicable and scheduled at the date of notice of the application;

      (g) A statement of the preliminary determination, if one has been made at the time of notice, of those development regulations that will be used for project mitigation and of consistency as provided in section 405 of this act; and

      (h) Any other information determined appropriate by the local government.

      (3) If an open record predecision hearing is required for the requested project permits, the notice of application shall be provided at least fifteen days prior to the open record hearing.

      (4) A local government shall use reasonable methods to give the notice of application to the public and agencies with jurisdiction and may use its existing notice procedures. A local government may use different types of notice for different categories of project permits or types of project actions. If a local government by resolution or ordinance does not specify its method of public notice, the local government shall use the methods provided for in (a) and (b) of this subsection. Examples of reasonable methods to inform the public are:

      (a) Posting the property for site-specific proposals;

      (b) Publishing notice, including at least the project location, description, type of permit(s) required, comment period dates, and location where the complete application may be reviewed, in the newspaper of general circulation in the general area where the proposal is located or in a local land use newsletter published by the local government;

      (c) Notifying public or private groups with known interest in a certain proposal or in the type of proposal being considered;

      (d) Notifying the news media;

      (e) Placing notices in appropriate regional or neighborhood newspapers or trade journals;

      (f) Publishing notice in agency newsletters or sending notice to agency mailing lists, either general lists or lists for specific proposals or subject areas; and

      (g) Mailing to neighboring property owners.

      (5) A notice of application shall not be required for project permits that are categorically exempt under chapter 43.21C RCW, unless a public comment period or an open record predecision hearing is required.

      (6) A local government shall integrate the consolidated permit process procedures in this section with environmental review under chapter 43.21C RCW as follows:

      (a) The local government may not issue its threshold determination, or issue a decision or a recommendation on a project permit until the expiration of the public comment period on the notice of application.

      (b) If an open record predecision hearing is required and the local government's threshold determination requires public notice under chapter 43.21C RCW, the local government shall issue its threshold determination at least fifteen days prior to the open record predecision hearing.

      (c) Comments shall be as specific as possible.

      (7) A local government may combine any hearing on a project permit with any hearing that may be held by another local, state, regional, federal, or other agency provided that the hearing is held within the geographic boundary of the local government. Hearings shall be combined if requested by an applicant, as long as the joint hearing can be held within the time periods specified in section 413 of this act or the applicant agrees to the schedule in the event that additional time is needed in order to combine the hearings. All agencies of the state of Washington, including municipal corporations and counties participating in a combined hearing, are hereby authorized to issue joint hearing notices and develop a joint format, select a mutually acceptable hearing body or officer, and take such other actions as may be necessary to hold joint hearings consistent with each of their respective statutory obligations.

      (8) All state and local agencies shall cooperate to the fullest extent possible with the local government in holding a joint hearing if requested to do so, as long as:

      (a) The agency is not expressly prohibited by statute from doing so;

      (b) Sufficient notice of the hearing is given to meet each of the agencies' adopted notice requirements as set forth in statute, ordinance, or rule; and

      (c) The agency has received the necessary information about the proposed project from the applicant to hold its hearing at the same time as the local government hearing.

      (9) A local government is not required to provide for administrative appeals. If provided, an administrative appeal of the project decision, combined with any environmental determinations, shall be filed within fourteen days after the notice of the decision or after other notice that the decision has been made and is appealable. The local government shall extend the appeal period for an additional seven days, if state or local rules adopted pursuant to chapter 43.21C RCW allow public comment on a determination of nonsignificance issued as part of the appealable project permit decision.

      (10) The applicant for a project permit is deemed to be a participant in any comment period, open record hearing, or closed record appeal.

      (11) Each local government planning under RCW 36.70A.040 shall adopt procedures for administrative interpretation of its development regulations.

      NEW SECTION. Sec. 416. (1) Each local government planning under RCW 36.70A.040 shall establish a permit review process that provides for the integrated and consolidated review and decision on two or more project permits relating to a proposed project action, including a single application review and approval process covering all project permits requested by an applicant for all or part of a project action and a designated permit coordinator. If an applicant elects the consolidated permit review process, the determination of completeness, notice of application, and notice of final decision must include all project permits being reviewed through the consolidated permit review process.

      (2) Consolidated permit review may provide different procedures for different categories of project permits, but if a project action requires project permits from more than one category, the local government shall provide for consolidated permit review with a single open record hearing and no more than one closed record appeal as provided in section 407 of this act. Each local government shall determine which project permits are subject to an open record hearing and a closed record appeal. Examples of categories of project permits include but are not limited to:

      (a) Proposals that are categorically exempt from chapter 43.21C RCW, such as construction permits, that do not require environmental review or public notice;

      (b) Permits that require environmental review, but no open record predecision hearing; and

      (c) Permits that require a threshold determination and an open record predecision hearing and may provide for a closed record appeal to a hearing body or officer or to the local government legislative body.

      (3) A local government may provide by ordinance or resolution for the same or a different decision maker or hearing body or officer for different categories of project permits. In the case of consolidated project permit review, the local government shall specify which decision makers shall make the decision or recommendation, conduct the hearing, or decide the appeal to ensure that consolidated permit review occurs as provided in this section. The consolidated permit review may combine an open record predecision hearing on one or more permits with an open record appeal hearing on other permits. In such cases, the local government by ordinance or resolution shall specify which project permits, if any, shall be subject to a closed record appeal.

      NEW SECTION. Sec. 417. A local government planning under RCW 36.70A.040 shall provide a notice of decision that also includes a statement of any threshold determination made under chapter 43.21C RCW and the procedures for administrative appeal, if any. The notice of decision may be a copy of the report or decision on the project permit application. The notice shall be provided to the applicant and to any person who, prior to the rendering of the decision, requested notice of the decision or submitted substantive comments on the application. The notice of decision shall include procedures for administrative appeal, if any. The local government shall provide for notice of its decision as provided in section 415(4) of this act.

      NEW SECTION. Sec. 418. (1) A local government by ordinance or resolution may exclude the following project permits from the provisions of RCW 36.70A.440 (as recodified by this act), 36.70A.065 (as recodified by this act), and sections 407, 413, and 415 through 417 of this act: Landmark designations, street vacations, or other approvals relating to the use of public areas or facilities, or other project permits, whether administrative or quasi-judicial, that the local government by ordinance or resolution has determined present special circumstances that warrant a review process different from that provided in RCW 36.70A.440 (as recodified by this act), 36.70A.065 (as recodified by this act), and sections 407, 413, and 415 through 417 of this act.

      (2) A local government by ordinance or resolution also may exclude the following project permits from the provisions of sections 407 and 415 through 417 of this act: Lot line or boundary adjustments and building and other construction permits, or similar administrative approvals, categorically exempt from environmental review under chapter 43.21C RCW, or for which environmental review has been completed in connection with other project permits.

      NEW SECTION. Sec. 419. A local government not planning under RCW 36.70A.040 may incorporate some or all of the provisions of sections 407, 413, and 415 through 417 of this act and RCW 36.70A.065 and 36.70A.440 (as recodified by this act) into its procedures for review of project permits or other project actions.

      NEW SECTION. Sec. 420. (1) Each local government is encouraged to adopt further project review provisions to provide prompt, coordinated review and ensure accountability to applicants and the public, including expedited review for project permit applications for projects that are consistent with adopted development regulations and within the capacity of system-wide infrastructure improvements.

      (2) Nothing in this chapter is intended or shall be construed to prevent a local government from requiring a preapplication conference or a public meeting by rule, ordinance, or resolution.

      (3) Each local government shall adopt procedures to monitor and enforce permit decisions and conditions.

      (4) Nothing in this chapter modifies any independent statutory authority for a government agency to appeal a project permit issued by a local government.

      NEW SECTION. Sec. 421. A new section is added to chapter 64.40 RCW to read as follows:

      A local government is not liable for damages under this chapter due to the local government̓s failure to make a final decision within the time limits established in section 413 of this act.

      Sec. 422. RCW 43.21C.033 and 1992 c 208 s 1 are each amended to read as follows:

      (1) Except as provided in subsection (2) of this section, the responsible official shall make a threshold determination on a completed application within ninety days after the application and supporting documentation are complete. The applicant may request an additional thirty days for the threshold determination. The governmental entity responsible for making the threshold determination shall by rule, resolution, or ordinance adopt standards, consistent with rules adopted by the department to implement this chapter, for determining when an application and supporting documentation are complete.

      (2) This section shall not apply to a city, town, or county that:

      (a) By ordinance adopted prior to April 1, 1992, has adopted procedures to integrate permit and land use decisions with the requirements of this chapter; or

      (b) Is planning under RCW 36.70A.040 and is subject to the requirements of section 413 of this act.

      Sec. 423. RCW 35.63.130 and 1994 c 257 s 8 are each amended to read as follows:

      (1) As an alternative to those provisions of this chapter relating to powers or duties of the planning commission to hear and report on any proposal to amend a zoning ordinance, the legislative body of a city or county may adopt a hearing examiner system under which a hearing examiner or hearing examiners may hear and decide applications for amending the zoning ordinance when the amendment which is applied for is not of general applicability. In addition, the legislative body may vest in a hearing examiner the power to hear and decide those issues it believes should be reviewed and decided by a hearing examiner, including but not limited to:

      (a) Applications for conditional uses, variances, subdivisions, shoreline permits, or any other class of applications for or pertaining to development of land or land use((s which the legislative body believes should be reviewed and decided by a hearing examiner));

      (b) Appeals of administrative decisions or determinations; and

      (c) Appeals of administrative decisions or determinations pursuant to chapter 43.21C RCW.

      The legislative body shall prescribe procedures to be followed by the hearing examiner.

      (2) Each city or county legislative body electing to use a hearing examiner pursuant to this section shall by ordinance specify the legal effect of the decisions made by the examiner. ((Except as provided in subsection (2) of this section,)) The legal effect of such decisions may vary for the different classes of applications decided by the examiner but shall include one of the following:

      (a) The decision may be given the effect of a recommendation to the legislative body;

      (b) The decision may be given the effect of an administrative decision appealable within a specified time limit to the legislative body((.

      (2) The legislative body may specify the legal effect of a hearing examiner's procedural determination under the state environmental policy act, as defined in RCW 43.21C.075(3)(a). It may have the effect under subsection (1) (a) or (b) of this section, or)); or

      (c) Except in the case of a rezone, the decision may be given the effect of a final decision of the legislative body.

      (3) Each final decision of a hearing examiner shall be in writing and shall include findings and conclusions, based on the record, to support the decision. Such findings and conclusions shall also set forth the manner in which the decision would carry out and conform to the city's or county's comprehensive plan and the city's or county's development regulations. Each final decision of a hearing examiner, unless a longer period is mutually agreed to in writing by the applicant and the hearing examiner, shall be rendered within ten working days following conclusion of all testimony and hearings.

      Sec. 424. RCW 35A.63.170 and 1994 c 257 s 7 are each amended to read as follows:

      (1) As an alternative to those provisions of this chapter relating to powers or duties of the planning commission to hear and report on any proposal to amend a zoning ordinance, the legislative body of a city may adopt a hearing examiner system under which a hearing examiner or hearing examiners may hear and decide applications for amending the zoning ordinance when the amendment which is applied for is not of general applicability. In addition, the legislative body may vest in a hearing examiner the power to hear and decide those issues it believes should be reviewed and decided by a hearing examiner, including but not limited to:

      (a) Applications for conditional uses, variances, subdivisions, shoreline permits, or any other class of applications for or pertaining to development of land or land use((s which the legislative body believes should be reviewed and decided by a hearing examiner));

      (b) Appeals of administrative decisions or determinations; and

      (c) Appeals of administrative decisions or determinations pursuant to chapter 43.21C RCW.

      The legislative body shall prescribe procedures to be followed by a hearing examiner. If the legislative authority vests in a hearing examiner the authority to hear and decide variances, then the provisions of RCW 35A.63.110 shall not apply to the city.

      (2) Each city legislative body electing to use a hearing examiner pursuant to this section shall by ordinance specify the legal effect of the decisions made by the examiner. ((Except as provided in subsection (2) of this section,)) The legal effect of such decisions may vary for the different classes of applications decided by the examiner but shall include one of the following:

      (a) The decision may be given the effect of a recommendation to the legislative body;

      (b) The decision may be given the effect of an administrative decision appealable within a specified time limit to the legislative body((.

      (2) The legislative body shall specify the legal effect of a hearing examiner's procedural determination under the state environmental policy act, as defined in RCW 43.21C.075(3)(a). It may have the effect under subsection (1) (a) or (b) of this section, or)); or

      (c) Except in the case of a rezone, the decision may be given the effect of a final decision of the legislative body.

      (3) Each final decision of a hearing examiner shall be in writing and shall include findings and conclusions, based on the record, to support the decision. Such findings and conclusions shall also set forth the manner in which the decision would carry out and conform to the city's comprehensive plan and the city's development regulations. Each final decision of a hearing examiner, unless a longer period is mutually agreed to in writing by the applicant and the hearing examiner, shall be rendered within ten working days following conclusion of all testimony and hearings.

      Sec. 425. RCW 36.70.970 and 1994 c 257 s 9 are each amended to read as follows:

      (1) As an alternative to those provisions of this chapter relating to powers or duties of the planning commission to hear and issue recommendations on applications for plat approval and applications for amendments to the zoning ordinance, the county legislative authority may adopt a hearing examiner system under which a hearing examiner or hearing examiners may hear and issue decisions on proposals for plat approval and for amendments to the zoning ordinance when the amendment which is applied for is not of general applicability. In addition, the legislative authority may vest in a hearing examiner the power to hear and decide those issues it believes should be reviewed and decided by a hearing examiner, including but not limited to:

      (a) Applications for conditional uses ((applications)), variances ((applications)), ((applications for)) shoreline permits, or any other class of applications for or pertaining to development of land or land use((s));

      (b) Appeals of administrative decisions or determinations; and

      (c) Appeals of administrative decisions or determinations pursuant to chapter 43.21C RCW.

      The legislative authority shall prescribe procedures to be followed by a hearing examiner.

      Any county which vests in a hearing examiner the authority to hear and decide conditional uses and variances shall not be required to have a zoning adjuster or board of adjustment.

      (2) Each county legislativ