H-1241.1          _______________________________________________

 

                                  HOUSE BILL 1684

                  _______________________________________________

 

State of Washington              52nd Legislature             1991 Regular Session

 

By Representatives Hargrove, Basich, Morris, Sheldon, Riley, Bowman, Jones, Beck, G. Fisher, Brekke, Kremen, Peery, H. Myers, P. Johnson, Dorn, Fuhrman, Wineberry, Jacobsen, Winsley and Rasmussen.

 

Read first time February 6, 1991.  Referred to Committee on State Government\Appropriations.  Referred 2/14/91 to Committee on Human Services\Appropriations.

Adopting the state social and health services policy act.


     AN ACT Relating to the state social and health services policy act; and adding a new chapter to Title 43 RCW.

 

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

 

     NEW SECTION.  Sec. 1.  The purposes of this chapter are to:  (1) Declare a state policy that will balance the needs of human beings and the environment; (2) Promote efforts that will prevent or eliminate social, health, or economic damage to human beings from environmental or economic policies or actions; (3) and stimulate the health and welfare of all human beings. 

 

     NEW SECTION.  Sec. 2.  (1) The legislature, recognizing that human beings depend on biological and physical surroundings for food, shelter, and other needs, and for cultural enrichment as well; and recognizing further the profound impact of environmental policies and actions on the well-being of all humans, declares that it is the continuing policy of the state of Washington, in cooperation with federal and local governments and other concerned public and private organizations, to use all practicable means and measures, including financial and technical assistance, in a manner calculated to:  (a) Foster and promote the general welfare; (b) create and maintain conditions under which human beings and nature can exist in productive harmony; and (c) fulfill the social, health, economic, and other requirements of present and future generations of Washington citizens.

     (2) To carry out the policy set forth in this chapter, it is the continuing responsibility of the state of Washington and all agencies of the state to use all practicable means, consistent with other essential considerations of state policy, to improve and coordinate plans, functions, programs, and resources to the end that the state and its citizens may:

     (a) Assure for all people of Washington safe, healthful, productive, and aesthetically and culturally pleasing surroundings;

     (b) Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences;

     (c) Preserve important historic, cultural, and natural aspects of our national heritage;

     (d) Maintain, wherever possible, an environment that supports diversity and variety of individual choice;

     (e) Achieve a balance between population and resource use that will permit high standards of living and a wide sharing of life's amenities; and

     (f) Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.

     (3) The legislature recognizes that each person has a fundamental and inalienable right to economic and personal independence and a healthful environment. 

 

     NEW SECTION.  Sec. 3.  The legislature authorizes and directs that, to the fullest extent possible:

     (1) The policies, regulations, and laws of the state of Washington shall be interpreted and administered in accordance with the policies set forth in this chapter; and

     (2) All branches of government of this state, including state agencies, municipal and public corporations, and counties shall:

     (a) Utilize a systematic, interdisciplinary approach that will ensure the integrated use of the social, health, and natural sciences in decision making which may have an impact on the health and social or economic well-being of all citizens;

     (b) Identify and develop methods and procedures, in consultation with the department of social and health services and the department of health, that will ensure that presently unquantified social, health, or economic consequences and values will be given appropriate consideration in decision making along with environmental and technical considerations;

     (c) Include in every recommendation or report on proposals for legislation and other major actions significantly affecting the quality of social, health, or economic well-being of citizens, a detailed statement by the responsible official on:

     (i) The social, health, or economic impact of the proposed action;

     (ii) Any adverse social, health, or economic effects that cannot be avoided should the proposal be implemented;

     (iii) Alternatives to the proposed action;

     (iv) The relationship between local short-term social, health, or economic impacts of the proposed environmental or economic policy or action and the maintenance and enhancement of long-term productivity; and

     (v) Any irreversible and irretrievable commitments of resources that would be involved in the proposed action should it be implemented;

     (d) Prior to making any detailed statement, the responsible official shall consult with and obtain the comments of any public agency that has jurisdiction by law or special expertise with respect to any social, health, or economic impact involved.  Copies of such statement and the comments and views of the appropriate federal, state, and local agencies, which are authorized to develop and enforce social, health, or economic standards, shall be made available to the governor, the department of social and health services, the department of health, and the public, and shall accompany the proposal through the existing agency review processes;

     (e) Study, develop, and describe appropriate alternatives to recommended courses of action in any proposal that involves unresolved conflicts concerning possible social, health, or economic impacts;

     (f) Make available to the federal government, other states, municipalities, institutions, and individuals, advice and information useful in restoring, maintaining, and enhancing the quality of citizens social, health, and economic well-being;

     (g) Initiate and utilize social, health, and economic information in the planning and development of natural resource-oriented projects. 

 

     NEW SECTION.  Sec. 4.  A social and health services impact statement, the detailed statement required by section 3(2)(c) of this act, shall be prepared on proposals for legislation and other major actions having a probable significant, adverse social, health, and economic impact.  Actions categorically exempt under section 13(1)(a) of this act do not require a social, health, and economic review or the preparation of a social and health services impact statement under this chapter.

     A social and health services impact statement is required to analyze only those probable adverse environmental or economic policies or actions that are significant. The responsible official shall consult with agencies and the public to identify such impacts and limit the scope of a social and health services impact statement.  The subjects listed in section 3(2)(c) of this act need not be treated as separate sections of a social and health services impact statement.  Discussions of significant short-term and long-term social and health services impacts, significant irrevocable commitments of resources, significant alternatives including mitigation measures, and significant social, health, and economic impacts that cannot be mitigated should be consolidated or included, as applicable, in those sections of a social and health services impact statement where the responsible official decides they logically belong. 

 

     NEW SECTION.  Sec. 5.  All branches of government of this state, including state agencies, municipal and public corporations, and counties, shall review their present statutory authority, administrative rules, and current policies and procedures for the purpose of determining whether there are any deficiencies or inconsistencies therein which prohibit full compliance with the purposes and provisions of this chapter and shall propose to the governor not later than January 1, 1992, such measures as may be necessary to bring their authority and policies in conformity with the intent, purposes, and procedures set forth in this chapter. 

 

     NEW SECTION.  Sec. 6.  Nothing in section 3 or 5 of this act shall in any way affect the specific statutory obligations of any agency to (1) comply with criteria or standards of social or health services programs, (2) coordinate or consult with any other public agency, or (3) act, or refrain from acting, contingent upon the recommendations or certification of any other public agency. 

 

     NEW SECTION.  Sec. 7.  The policies and goals set forth in this chapter are supplementary to those set forth in existing authorizations of all branches of government of this state, including state agencies, municipal and public corporations, and counties.  Any governmental action may be conditioned or denied pursuant to this chapter:  PROVIDED, That such conditions or denials shall be based upon policies identified by the appropriate governmental authority and incorporated into regulations, plans, or codes which are formally designated by the agency, or appropriate legislative body in the case of local government, as possible bases for the exercise of authority pursuant to this chapter.  Such designation shall occur at the time specified by section 14 of this act.  Such action may be conditioned only to mitigate specific adverse social, health, or economic impacts that are identified in the social, health, or economic documents prepared under this chapter.  These conditions shall be stated in writing by the decision maker.  Mitigation measures shall be reasonable and capable of being accomplished.  To deny a proposal under this chapter, an agency must find that:  (1) The proposal would result in significant adverse impacts identified in a final or supplemental social, health, or economic impact statement prepared under this chapter; and (2) reasonable mitigation measures are insufficient to mitigate the identified impact.  Except for permits and variances issued pursuant to chapter 90.58 RCW, when such a governmental action, not requiring a legislative decision, is conditioned or denied by a nonelected official of a local governmental agency, the decision shall be appealable to the legislative authority of the acting local governmental agency unless that legislative authority formally eliminates such appeals.  Such appeals shall be in accordance with procedures established for such appeals by the legislative authority of the acting local governmental agency. 

 

     NEW SECTION.  Sec. 8.  (1) Because a major purpose of this chapter is to combine social, health, or economic considerations with public decisions, any appeal brought under this chapter shall be linked to a specific governmental action.  The state social and health services policy act provides a basis for challenging whether governmental action is in compliance with the substantive and procedural provisions of this chapter.  The state social and health services 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 social, health, or economic determinations.

     (b) Appeals of social, health, or economic determinations made, or lacking, under this chapter shall be commenced within the time required to appeal the governmental action that is subject to social, health, or economic review.

     (3) If an agency has a procedure for appeals of agency social, health, or economic 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 social and health services 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 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, by providing for simultaneous appeal of an agency decision on a proposal and any environmental determinations made under this chapter, with the exception of the threshold determination appeal as provided in (a) of this subsection or an appeal to the local legislative authority under section 7 of this act 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 (3)(c); 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 procedure if any such procedure is available, unless expressly provided otherwise by state statute.

     (5) Section 9 of this act 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").  This section 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.  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) A notice of action under section 9 of this act may be used.  If a notice of action is used, judicial appeals shall be commenced within the time period specified by section 9 of this act, unless there is a time period for appealing the underlying governmental action in which case (a) of this subsection shall apply.

     (c) Notwithstanding section 9(1) of this act, 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 of an appeal decision made by an agency under subsection (5) 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 office of administrative hearings.  The office of administrative hearings shall hear the matter and sign the final order expeditiously.  The superior court shall certify the final order of the office of administrative hearings and said certified final order may only be appealed to an appellate court.

     (8) For purposes of this section and section 9 of this act, 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 section 9 (2) and (3) of this act.  The word "action" in this section and section 9 of this act does not mean a procedural determination by itself made under this chapter.  The word "determination" includes any social, health, or economic document required by this chapter and state or local implementing rules.  The word "agency" refers to any state or local unit of government.  The word "appeal" refers to administrative, legislative, or judicial appeals.

     (9) The court in its discretion may award reasonable attorneys' 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. 

 

     NEW SECTION.  Sec. 9.  (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:

     (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 social and health services 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 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; or

     (ii) Posting of the notice in a conspicuous manner on the property upon which the project is to be constructed.

     (2)(a) Any action to set aside, enjoin, review, or otherwise challenge any such 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 days from the date of last newspaper publication of the notice pursuant to subsection (1) of this section, or be barred:  PROVIDED, 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 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 section 3(2)(a) through (g) of this act unless there has been a substantial change in the proposal between the time of the first governmental action and the subsequent governmental action, or unless the action now being considered was identified in an earlier detailed statement or declaration of nonsignificance as being one that would require further environmental evaluation.

     (b) Any action to challenge a subsequent governmental action based upon any provision 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 social and health services 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.... RCW (sections 1 through 24 of this act), 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.... RCW (sections 1 through 24 of this act), state social and health services 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:

....................................................................................................................................................................................................................................................................

(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:

.................................................................

(Location, including room number)

.................................................................

(Name of government agency, proponent, or applicant giving notice)

Filed by ........................................................

(Signature of individual and capacity in which such individual is signing) 

 

     NEW SECTION.  Sec. 10.  The department of social and health services shall prepare a list of all filings required by section 9 of this act each week and shall make such list available to any interested party.  The list of filings shall include a brief description of the governmental action and the project involved in such action, along with the location of where information on the project or action may be obtained.  Failure of the department to include any project or action shall not affect the running of the statute of limitations provided in section 9 of this act. 

 

     NEW SECTION.  Sec. 11.  In any action involving an attack on a determination by a governmental agency relative to the requirement or the absence of the requirement, or the adequacy of a "detailed statement," the decision of the governmental agency shall be accorded substantial weight. 

 

     NEW SECTION.  Sec. 12.  The rules promulgated under section 13 of this act shall be accorded substantial deference in the interpretation of this chapter. 

 

     NEW SECTION.  Sec. 13.  It shall be the duty and function of the department of social and health services, which may utilize proposed rules:

     (1) To adopt and amend thereafter rules of interpretation and implementation of this chapter, the state social and health services policy act, 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 social and health services policy act:

     (a) Categories of governmental actions that are not to be considered as potential major actions significantly affecting the social, health, or economic well-being of citizens.  The types of actions included as categorical exemptions in the rules shall be limited to those types that are not major actions significantly affecting the social, health, or economic well-being of citizens.  The rules shall provide for certain circumstances where actions that potentially are categorically exempt require social, health, or economic review.

     (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 social, health, or economic well‑being of citizens for which a detailed statement is required to be prepared pursuant to section 3 of this act.

     (c) Rules and procedures applicable to the preparation of detailed statements and other social, health, or economic documents, including but not limited to rules for timing of social, health, or economic 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 social, health, or economic 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 social, health, or economic impacts that 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 social, health, or economic well-being of citizens.  Analysis of social, health, or economic considerations under section 3(2) of this act may be required only for those subjects listed as elements 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 social, health, or economic well-being of citizens.

     (h) Methods to assure adequate public awareness of the preparation and issuance of detailed statements required by section 3(2)(c) of this act.

     (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 social, health, or economic analysis of nonproject proposals and encouraging better interagency coordination and integration between this chapter and other social and health services laws.

     (k) Rules relating to actions that shall be exempt from the provisions of this chapter in situations of emergency.

     (l) Rules relating to the use of social, health, or economic 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.

     (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, social and health service 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 RCW 34.05.240. 

 

     NEW SECTION.  Sec. 14.  (1) All agencies of government of this state are directed, consistent with rules and guidelines adopted under section 13 of this act, including any revisions, to adopt rules pertaining to the integration of the policies and procedures of this chapter, the state social and health services policy act, into the various programs under their jurisdiction for implementation.  Designation of policies under section 7 of this act and adoption of rules required under this section shall take place not later than one hundred eighty days after the effective date of rules and guidelines adopted pursuant to section 13 of this act, or after the establishment of an agency, whichever shall occur later.

     (2) Rules adopted by state agencies under subsection (1) of this section shall be adopted in accordance with the provisions of chapter 34.05 RCW and shall be subject to the review procedures of RCW 34.05.240.

     (3) All public and municipal corporations, political subdivisions, and counties of this state are directed, consistent with rules and guidelines adopted under section 13 of this act, including any revisions, to adopt rules, ordinances, or resolutions pertaining to the integration of the policies and procedures of this chapter, the state social and health services policy act, into the various programs under their jurisdiction for implementation.  Designation of policies under section 7 of this act and adoption of the rules required under this section shall take place not later than one hundred eighty days after the effective date of rules and guidelines adopted pursuant to section 13 of this act, or after the establishment of the governmental entity, whichever shall occur later.

     (4) Ordinances or regulations adopted prior to the effective date of rules and guidelines adopted pursuant to section 13 of this act shall continue to be effective until the adoption of any new or revised ordinances or regulations that may be required:  PROVIDED, That revisions required by this section as a result of rule changes under section 13 of this act are made within the time limits specified by this section. 

 

     NEW SECTION.  Sec. 15.  The department of social and health services, in consultation with concerned state agencies, shall with the assistance of the associations of county prosecutors and city attorneys, the association of county elected officials, the Washington state association of counties, and the association of cities, draft model ordinances for use by counties, cities, and towns in drafting their ordinances under this chapter. 

 

     NEW SECTION.  Sec. 16.  (1) All public and municipal corporations, political subdivisions, and counties of the state are authorized to adopt rules, ordinances, and resolutions which incorporate any of the following by reference to the appropriate sections of the Washington Administrative Code:

     (a) Rules and guidelines adopted under section 13(1) of this act in accordance with the administrative procedure act, chapter 34.05 RCW;

     (b) Model ordinances adopted by the department of social and health services under section 15 of this act in accordance with the administrative procedure act, chapter 34.05 RCW.

     (2) If any rule, ordinance, or resolution is adopted by reference pursuant to subsection (1) of this section, any publication of such rule, ordinance, or resolution shall be accompanied by a summary of the contents of the sections of the Washington Administrative Code referred to.  Such summaries shall be provided to the adopting units of local government by the department of social and health services:  PROVIDED, That any proposal for a rule, ordinance, or resolution which would adopt by reference rules and guidelines or model ordinances pursuant to this section shall be accompanied by the full text of the material to be adopted which need not be published but shall be maintained on file for public use and examination.

     (3) Whenever any rule, ordinance, or resolution is adopted by reference pursuant to subsection (1) of this section, the corporation, political subdivision, or county of the state adopting the rule, ordinance, or resolution shall maintain on file for public use and examination not less than three copies of the sections of the Washington Administrative Code referred to. 

 

     NEW SECTION.  Sec. 17.  In the implementation of chapter 90.62 RCW, the environmental coordination procedures act of 1973, the department of ecology, consistent with guidelines adopted by the council shall adopt rules which insure that one detailed statement prepared under section 3 of this act may be utilized by all branches of government participating in the processing of a master application.  Whenever the procedures established pursuant to chapter 90.62 RCW are used, those procedures shall be utilized wherever possible to satisfy the procedural requirements of section 3(2)(c) of this act.  The time limits for challenges provided for in section 9(2) of this act shall be applicable when such procedures are so utilized. 

 

     NEW SECTION.  Sec. 18.  The legislature may establish a council on social and health services policy to review and assist in the implementation of this chapter. 

 

     NEW SECTION.  Sec. 19.  The council may employ such personnel as are necessary for the performances of its duties. 

 

     NEW SECTION.  Sec. 20.  This chapter does not apply to actions authorized by RCW 43.37.215 and 43.37.220 that are undertaken during a state of emergency declared by the governor under RCW 43.06.210. 

 

     NEW SECTION.  Sec. 21.  The incorporation of a city or town is exempted from compliance with this chapter. 

 

     NEW SECTION.  Sec. 22.  Consolidations of cities or towns, and the annexations of all of a city or town by another city or town, are exempted from compliance with this chapter. 

 

     NEW SECTION.  Sec. 23.  This chapter does not apply to the development or adoption of the plan required to be developed and adopted under chapter 43.180 RCW. 

 

     NEW SECTION.  Sec. 24.  The department of social and health services shall conduct annual state-wide workshops and publish an annual state social and health services policy act handbook or supplement to assist persons in complying with the provisions of this chapter and the implementing rules.  The workshops and handbook shall include, but not be limited to, measures to assist in preparation, processing, and review of social, health, or economic documents, relevant court decisions affecting this chapter or rules adopted under this chapter, legislative changes to this chapter, administrative changes to the rules, and any other information that will assist in orderly implementation of this chapter and rules.

     The department shall develop the handbook and conduct the workshops in cooperation with, but not limited to, state agencies, the association of Washington cities, the Washington association of counties, educational institutions, and other groups or associations interested in the state social and health services policy act. 

 

     NEW SECTION.  Sec. 25.  Sections 1 through 24 of this act shall constitute a new chapter in Title 43 RCW.