6406-S.E AMH HUDG CALL 082
ESSB 6406 - H AMD 1395
By Representative Hudgins
On page 41, after line 8, insert the following:
"Sec. 220. RCW 76.09.055 and 2003 c 311 s 5 are each amended to read as follows:
(1) ((The legislature finds that the levels of fish
stocks throughout much of the state require immediate action to be taken to
help these fish runs where possible. The legislature also recognizes that
federal and state agencies, tribes, county representatives, and private
timberland owners have spent considerable effort and time to develop the
forests and fish report. Given the agreement of the parties, the legislature
believes that the immediate adoption of emergency rules is appropriate in this
particular instance. These rules can implement many provisions of the forests
and fish report to protect the economic well-being of the state, and to
minimize the risk to the state and landowners to legal challenges. This
authority is not designed to set any precedents for the forest practices board
in future rule making or set any precedents for other rule-making bodies of the
state.
(2))) The forest practices board is authorized to
((adopt emergency)) incorporate into the forest practice rules ((amending
the forest practices rules with respect to the protection of aquatic resources,
in accordance with RCW 34.05.350, except: (a)(i) That the rules adopted under
this section may remain in effect until permanent rules are adopted, or until
June 30, 2001, whichever is sooner; (ii) that the rules adopted under RCW
76.09.420(5) must remain in effect until permanent rules are adopted; (b)))
those fish protection standards adopted under chapter 77.55 RCW that are
applicable to forest practices hydraulic projects. Notice of the proposed
rules must be published in the Washington State Register as provided in RCW
34.05.320((; (c))), at least one public hearing must be conducted
with an opportunity to provide oral and written comments((; and (d))),
and a rule-making file must be maintained as required by RCW 34.05.370. In
adopting ((emergency)) forest practices hydraulic rules
consistent with ((this section)) the changes made to RCW 76.09.040 by
section 203 of this act, the board is not required to prepare a small
business economic impact statement under chapter 19.85 RCW, prepare a statement
indicating whether the rules constitute a significant legislative rule under
RCW 34.05.328, prepare a significant legislative rule analysis under RCW
34.05.328, or follow the procedural requirements of the state environmental
policy act, chapter 43.21C RCW. ((Except as provided in RCW 76.09.420, the
forest practices board may only adopt recommendations contained in the forests
and fish report as emergency rules under this section.))
NEW SECTION. Sec. 221. A new section is added to chapter 43.21C RCW to read as follows:
The incorporation of fish protection standards adopted under chapter 77.55 RCW into the forest practices rules as required by the changes made to RCW 76.09.040 by section 203 of this act is exempt from compliance with this chapter.
NEW SECTION. Sec. 222. A new section is added to chapter 19.85 RCW to read as follows:
The incorporation of fish protection standards adopted under chapter 77.55 RCW into the forest practices rules as required by the changes made to RCW 76.09.040 by section 203 of this act is exempt from compliance with this chapter.
EW SECTION. Sec. 223. A new section is added to chapter 34.05 RCW to read as follows:
The incorporation of fish protection standards adopted under chapter 77.55 RCW into the forest practices rules as required by the changes made to RCW 76.09.040 by section 203 of this act is exempt from compliance with this chapter."
Correct the title.
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EFFECT: Exempts the act of incorporating updates to fish protection standards into the Forest Practices Rules from the following provisions of law: the small business economic impact statement requirements, the State Environmental Policy Act, the Regulatory Fairness Act, and the Administrative Procedures Act. |
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