SENATE BILL REPORT

SHB 2246

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As of February 26, 2020

Title: An act relating to the reorganization of laws related to environmental health without making any substantive, policy changes.

Brief Description: Concerning the reorganization of laws related to environmental health without making any substantive, policy changes.

Sponsors: House Committee on Environment & Energy (originally sponsored by Representatives Fitzgibbon and Lekanoff).

Brief History: Passed House: 2/19/20, 97-0.

Committee Activity: Environment, Energy & Technology: 2/26/20.

Brief Summary of Bill

  • Recodifies statutes pertaining to environmental health under a new Title 70A of the Revised Code of Washington.

  • Makes technical changes, including correcting references to the names of accounts, statute number citations, and administrative rule number citations.

SENATE COMMITTEE ON ENVIRONMENT, ENERGY & TECHNOLOGY

Staff: Jan Odano (786-7486)

Background: The Revised Code of Washington. The Revised Code of Washington (RCW) is the official compilation of permanent laws enacted by the Legislature. The RCW is broadly topically arranged into titles, each of which contain a number of chapters devoted to specific topics. Inaccuracies in the RCW may occur in a variety of ways. Sections may be repealed, recodified, or amended in a way that changes their internal numbering, and references to these sections or subsections in other provisions of the code then become incorrect. A bill may change a particular term, and references to these terms in other provisions of the code become inaccurate, or drafting and typographical errors may be made in the drafting process. In addition, two or more bills may amend the same section of the RCW without reference to each other. These are called "double" or "multiple" amendments. Often there are no substantive conflicts between the multiple amendments, and the amendments may be merged, but sometimes merging multiple amendments may require restructuring of a section.

During the process of adopting administrative rules, state agencies must cite the statutory authority upon which the rule is based, and the content of adopted rules often contains references to specific statutory provisions. Ordinances and regulations adopted by cities and counties may likewise reference statutory authority or other provisions codified in the RCWs.

Environmental Laws and Programs. Title 70 of the RCW contains 157 chapters of law pertaining to topics of public health and safety. Many statutes pertaining to environmental policy topics are codified within Title 70 of the RCW, including laws pertaining to air pollution, solid waste management, hazardous waste management and cleanup, and hazardous materials in consumer products. Other laws addressing topics related to the environment, such as those addressing radioactive waste management and water pollution, are primarily codified in other titles of the RCW.

Summary of Bill: New Title 70A of the Revised Code of Washington. A new Title 70A of the Revised Code of Washington (RCW) is created for certain topics pertaining to environmental and public health. Chapters of law currently contained in Title 70 of the RCW, as well as a number of chapters contained in other titles, are reorganized and recodified as part of the new title. The current codification of the chapters included in the new title, and the subject matter that each chapter addresses, are as follows:

Technical Corrections. Technical corrections are made to various provisions of the RCW pertaining to topics affected by the recodification. These changes include:

Other. The declared intent of the act is to make technical amendments, and any changes should not be interpreted to have substantive, policy implications.

Administrative rules adopted by state agencies under recodified statutory authorities remain valid and are not affected by the recodification. State agencies and local jurisdictions that have adopted rules or laws that reference recodified statutory authorities are encouraged to update the references by July 1, 2025.

Appropriation: None.

Fiscal Note: Available.

Creates Committee/Commission/Task Force that includes Legislative members: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony: None.

Persons Testifying: No one.

Persons Signed In To Testify But Not Testifying: No one.