S-1547

AN ACT Relating to the creation of air pollution control authorities; reenacting and amending RCW 70.94.053; and adding a new section to chapter 70.94 RCW.

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

Sec. 1. RCW 70.94.053 and 1987 c 505 s 60 and 1987 c 109 s 34 are each reenacted and amended to read as follows:

(1) In each county of the state there is hereby created an air pollution control authority, which shall bear the name of the county within which it is located. The boundaries of each authority shall be coextensive with the boundaries of the county within which it is located. An authority shall include all incorporated and unincorporated areas of the county within which it is located.

(2) Except as provided in section 2 of this act, all authorities which are presently or may hereafter be within counties of the first class, class A or class AA, are hereby designated as activated authorities and shall carry out the duties and exercise the powers provided in this chapter. Those authorities hereby activated which encompass contiguous counties located in one or the other of the two major areas determined in RCW 70.94.011 are declared to be and directed to function as a multicounty authority.

(3) Except as provided in RCW 70.94.232, all other air pollution control authorities are hereby designated as inactive authorities.

(4) The boards of those authorities designated as activated authorities by this chapter shall be comprised of such appointees and/or county commissioners or other officers as is provided in RCW 70.94.100. The first meeting of the boards of those authorities designated as activated authorities by this chapter shall be on or before sixty days after June 8, 1967.

(5) The department is directed to conduct the necessary evaluations and delineate appropriate air pollution regions throughout the state, taking into consideration:

(a) The natural climatic and topographic features affecting the potential for buildup of air contaminant concentrations.

(b) The degree of urbanization and industrialization and the existence of activities which are likely to cause air pollution.

(c) The county boundaries as related to the air pollution regions and the practicality of administering air pollution control programs.

NEW SECTION. Sec. 2. A new section is added to chapter 70.94 RCW to read as follows:

(1) Any county of the first class in which seventy-five percent or more of its boundary lies on water and not land, and that is a part of a multicounty authority pursuant to RCW 70.94.053, shall be subject to the requirements of this section. After January 1, 1992, any such county shall operate an individual county air pollution control authority under this chapter, unless prior to such date, the legislative authority of such county determines to take one of the following actions:

(a) To continue its participation in an existing multicounty authority;

(b) To join another existing multicounty authority by consent of the governing board of such authority; or

(c) To join with one or more contiguous counties to operate as a new multicounty authority, pursuant to the procedures of RCW 70.94.057.

(2) Prior to making a determination under subsection (1) of this section the county shall obtain public comment through hearings and written comments.

(3) Where a county subject to the requirements of this section does not elect to participate in a multicounty authority after January 1, 1992, the rules adopted by a multicounty authority in effect within such county shall remain in effect until superseded by the adoption of rules, resolutions, or ordinances by the county acting as an individual county authority under this chapter, but in no event shall such rules remain in effect after July 1, 1992.