AN ACT Relating to the
elimination and consolidation of boards and commissions; amending RCW
13.40.025, 9.94A.040, 18.16.050, 18.145.030, 18.145.050, 18.145.070,
18.145.080, 28B.10.804, 28B.80.575, 38.54.030, 38.52.040, 43.19.190,
43.19.1905, 43.19.19052, 43.19.1906, 43.19.1937, 43.19A.020, 43.20A.750,
43.70.010, 43.70.070, 70.170.020, 43.150.030, 46.61.380, 81.104.090, 47.26.121,
47.66.030, 47.26.140, 47.66.040, 47.26.160, 70.95D.010, 70.95D.060, 70.95B.020,
70.95B.040, 70.95B.100, 70.119.020, 70.119.050, 70.119.110, 75.44.140, and
90.70.065; reenacting and amending RCW 38.52.030, 82.44.180, and 75.30.050;
adding a new section to chapter 9.94A RCW; adding a new section to chapter
39.19 RCW; adding a new section to chapter 43.63A RCW; adding a new section to
chapter 70.95D RCW; adding a new section to chapter 70.95B RCW; adding a new
section to chapter 70.119 RCW; creating new sections; repealing RCW 1.30.010,
1.30.020, 1.30.030, 1.30.040, 1.30.050, 1.30.060, 2.52.010, 2.52.020, 2.52.030,
2.52.035, 2.52.040, 2.52.050, 18.145.060, 27.34.300, 27.60.010, 27.60.020,
27.60.030, 27.60.040, 27.60.050, 27.60.070, 27.60.090, 27.60.900, 28B.80.550,
28B.80.555, 39.19.040, 43.19.1904, 43.20A.730, 43.31.631, 43.52.373,
70.170.030, 70.170.040, 43.150.060, 43.17.260, 43.17.270, 43.17.280, 43.17.290,
43.17.300, 47.66.020, 47.66.050, 47.66.060, 48.22.071, 48.22.072, 70.95D.050,
70.95B.070, 70.119.080, 81.62.010, 81.62.020, 81.62.030, 81.62.040, 81.62.050,
81.62.060, 81.62.900, 81.62.901, and 90.56.450; repealing 1994 c 232 s 27
(uncodified); repealing 1991 c 53 s 1 and 1987 c 480 s 6 (uncodified);
providing effective dates; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
PART 1
LAW REVISION COMMISSION
NEW SECTION. Sec.
101. The following acts or
parts of acts are each repealed:
(1) RCW 1.30.010 and 1982 c
183 s 1;
(2) RCW 1.30.020 and 1982 c
183 s 2;
(3) RCW 1.30.030 and 1982 c
183 s 3;
(4) RCW 1.30.040 and 1987 c
505 s 2 & 1982 c 183 s 4;
(5) RCW 1.30.050 and 1982 c
183 s 5; and
(6) RCW 1.30.060 and 1982 c
183 s 9.
PART
2
JUDICIAL COUNCIL
NEW SECTION. Sec.
201. The following acts or
parts of acts are each repealed:
(1) RCW 2.52.010 and 1994 c 32
s 1, 1987 c 322 s 1, 1977 ex.s. c 112 s 1, 1973 c 18 s 1, 1971 c 40 s 1, 1967 c
124 s 1, 1961 c 271 s 1, 1955 c 40 s 1, & 1925 ex.s. c 45 s 1;
(2) RCW 2.52.020 and 1925
ex.s. c 45 s 2;
(3) RCW 2.52.030 and 1987 c
322 s 2 & 1925 ex.s. c 45 s 3;
(4) RCW 2.52.035 and 1987 c
322 s 4;
(5) RCW 2.52.040 and 1977
ex.s. c 112 s 2 & 1925 ex.s. c 45 s 4; and
(6) RCW 2.52.050 and 1987 c
322 s 3 & 1981 c 260 s 1.
PART
3
JUVENILE DISPOSITION STANDARDS
COMMISSION
NEW SECTION. Sec.
301. A new section is added
to chapter 9.94A RCW to read as follows:
(1) The juvenile
disposition standards commission is hereby abolished and its powers, duties,
and functions are hereby transferred to the sentencing guidelines commission.
All references to the director or the juvenile disposition standards commission
in the Revised Code of Washington shall be construed to mean the director or
the sentencing guidelines commission.
(2)(a) All reports,
documents, surveys, books, records, files, papers, or written material in the
possession of the juvenile disposition standards commission shall be delivered
to the custody of the sentencing guidelines commission. All cabinets,
furniture, office equipment, motor vehicles, and other tangible property
employed by the juvenile disposition standards commission shall be made
available to the sentencing guidelines commission. All funds, credits, or
other assets held by the juvenile disposition standards commission shall be
assigned to the sentencing guidelines commission.
(b) Any appropriations
made to the juvenile disposition standards commission shall, on the effective date
of this section, be transferred and credited to the sentencing guidelines
commission.
(c) If any question
arises as to the transfer of any personnel, funds, books, documents, records,
papers, files, equipment, or other tangible property used or held in the
exercise of the powers and the performance of the duties and functions
transferred, the director of financial management shall make a determination as
to the proper allocation and certify the same to the state agencies concerned.
(3) All employees of
the juvenile disposition standards commission are transferred to the
jurisdiction of the sentencing guidelines commission. All employees classified
under chapter 41.06 RCW, the state civil service law, are assigned to the
sentencing guidelines commission to perform their usual duties upon the same
terms as formerly, without any loss of rights, subject to any action that may
be appropriate thereafter in accordance with the laws and rules governing state
civil service.
(4) All rules and all
pending business before the juvenile disposition standards commission shall be
continued and acted upon by the sentencing guidelines commission. All existing
contracts and obligations shall remain in full force and shall be performed by
the sentencing guidelines commission.
(5) The transfer of the
powers, duties, functions, and personnel of the juvenile disposition standards
commission shall not affect the validity of any act performed before the
effective date of this section.
(6) If apportionments
of budgeted funds are required because of the transfers directed by this
section, the director of financial management shall certify the apportionments
to the agencies affected, the state auditor, and the state treasurer. Each of
these shall make the appropriate transfer and adjustments in funds and
appropriation accounts and equipment records in accordance with the
certification.
(7) Nothing contained
in this section may be construed to alter any existing collective bargaining
unit or the provisions of any existing collective bargaining agreement until
the agreement has expired or until the bargaining unit has been modified by
action of the personnel board as provided by law.
Sec. 302. RCW 13.40.025 and 1986 c
288 s 8 are each amended to read as follows:
(1) There is
established a juvenile disposition standards commission to propose disposition
standards to the legislature in accordance with RCW 13.40.030 and perform the
other responsibilities set forth in this chapter.
(2) The commission shall
be composed of the secretary or the secretary's designee and the following nine
members appointed by the governor, subject to confirmation by the senate: (a)
A superior court judge; (b) a prosecuting attorney or deputy prosecuting
attorney; (c) a law enforcement officer; (d) an administrator of juvenile court
services; (e) a public defender actively practicing in juvenile court; (f) a
county legislative official or county executive; and (g) three other persons
who have demonstrated significant interest in the adjudication and disposition
of juvenile offenders. In making the appointments, the governor shall seek the
recommendations of the association of superior court judges in respect to the
member who is a superior court judge; of Washington prosecutors in respect to
the prosecuting attorney or deputy prosecuting attorney member; of the
Washington association of sheriffs and police chiefs in respect to the member
who is a law enforcement officer; of juvenile court administrators in respect
to the member who is a juvenile court administrator; and of the state bar
association in respect to the public defender member; and of the Washington
association of counties in respect to the member who is either a county
legislative official or county executive.
(3) The secretary or
the secretary's designee shall serve as chairman of the commission.
(4) The secretary shall
serve on the commission during the secretary's tenure as secretary of the
department. The term of the remaining members of the commission shall be three
years. The initial terms shall be determined by lot conducted at the
commission's first meeting as follows: (a) Four members shall serve a two-year
term; and (b) four members shall serve a three-year term. In the event of a
vacancy, the appointing authority shall designate a new member to complete the
remainder of the unexpired term.
(5) Commission members
shall be reimbursed for travel expenses as provided in RCW 43.03.050 and
43.03.060. Members shall be compensated in accordance with RCW 43.03.240.
(6) The commission
shall ((meet at least once every three months)) cease to exist on
June 30, 1997, and its powers and duties shall be transferred to the sentencing
guidelines commission established under RCW 9.94A.040.
Sec. 303. RCW 9.94A.040 and 1994 c
87 s 1 are each amended to read as follows:
(1) A sentencing
guidelines commission is established as an agency of state government.
(2) The commission
shall, following a public hearing or hearings:
(a) Devise a series of
recommended standard sentence ranges for all felony offenses and a system for
determining which range of punishment applies to each offender based on the
extent and nature of the offender's criminal history, if any;
(b) Devise recommended
prosecuting standards in respect to charging of offenses and plea agreements;
and
(c) Devise recommended
standards to govern whether sentences are to be served consecutively or
concurrently.
(3) Each of the
commission's recommended standard sentence ranges shall include one or more of
the following: Total confinement, partial confinement, community supervision,
community service, and a fine.
(4) In devising the
standard sentence ranges of total and partial confinement under this section,
the commission is subject to the following limitations:
(a) If the maximum term
in the range is one year or less, the minimum term in the range shall be no
less than one-third of the maximum term in the range, except that if the
maximum term in the range is ninety days or less, the minimum term may be less
than one-third of the maximum;
(b) If the maximum term
in the range is greater than one year, the minimum term in the range shall be
no less than seventy-five percent of the maximum term in the range; and
(c) The maximum term of
confinement in a range may not exceed the statutory maximum for the crime as
provided in RCW 9A.20.020.
(5) In carrying out its
duties under subsection (2) of this section, the commission shall give
consideration to the existing guidelines adopted by the association of superior
court judges and the Washington association of prosecuting attorneys and the experience
gained through use of those guidelines. The commission shall emphasize
confinement for the violent offender and alternatives to total confinement for
the nonviolent offender.
(6) This commission
shall conduct a study to determine the capacity of correctional facilities and
programs which are or will be available. While the commission need not
consider such capacity in arriving at its recommendations, the commission shall
project whether the implementation of its recommendations would result in exceeding
such capacity. If the commission finds that this result would probably occur,
then the commission shall prepare an additional list of standard sentences
which shall be consistent with such capacity.
(7) The commission may
recommend to the legislature revisions or modifications to the standard
sentence ranges and other standards. If implementation of the revisions or
modifications would result in exceeding the capacity of correctional
facilities, then the commission shall accompany its recommendation with an
additional list of standard sentence ranges which are consistent with
correction capacity.
(8) The commission
shall study the existing criminal code and from time to time make
recommendations to the legislature for modification.
(9) The commission may
(a) serve as a clearinghouse and information center for the collection,
preparation, analysis, and dissemination of information on state and local
sentencing practices; (b) develop and maintain a computerized sentencing
information system by individual superior court judge consisting of offender,
offense, history, and sentence information entered from judgment and sentence
forms for all adult felons; and (c) conduct ongoing research regarding
sentencing guidelines, use of total confinement and alternatives to total
confinement, plea bargaining, and other matters relating to the improvement of
the criminal justice system.
(10) The staff and
executive officer of the commission may provide staffing and services to the
juvenile disposition standards commission, if authorized by RCW 13.40.025 and
13.40.027. The commission may conduct joint meetings with the juvenile
disposition standards commission.
(11) The commission
shall assume the powers and duties of the juvenile disposition standards
commission after June 30, 1997.
(12)
The commission shall exercise its duties under this section in conformity with
chapter 34.05 RCW.
PART
4
COSMETOLOGY, BARBERING, ESTHETICS, AND
MANICURING ADVISORY BOARD
NEW SECTION. Sec.
401. The legislature finds
that the economic opportunities for cosmetologists, barbers, estheticians, and
manicurists have deteriorated in this state as a result of the lack of skilled
practitioners, inadequate licensing controls, and inadequate enforcement of
health standards. To increase the opportunities for individuals to earn viable
incomes in these professions and to protect the general health of the public,
the state cosmetology, barbering, esthetics, and manicuring advisory board
should be reconstituted and given a new charge to develop appropriate responses
to this situation, including legislative proposals.
Sec. 402. RCW 18.16.050 and 1991 c
324 s 3 are each amended to read as follows:
(1) There is created
a state cosmetology, barbering, esthetics, and manicuring advisory board
consisting of ((five)) seven members appointed by the ((governor
who shall advise the director concerning the administration of this chapter))
director. ((Four)) These seven members of the board shall
include ((a minimum of two instructors)) a representative of a
private cosmetology school and a representative of a public vocational
technical school involved in cosmetology training, with the balance made up
of currently practicing licensees who have been engaged in the practice of
manicuring, esthetics, barbering, or cosmetology for at least three years. One
member of the board shall be a consumer who is unaffiliated with the
cosmetology, barbering, esthetics, or manicuring industry. The term of office
for all board members ((is three years)) serving as of the
effective date of this section expires June 30, 1995. On June 30, 1995, the
director shall appoint seven new members to the board. These new members shall
serve a term of two years, at the conclusion of which the board shall cease to
exist. Any members serving on the advisory board as of the effective date of
this section are eligible to be reappointed. Any board member may be
removed for just cause. The director may appoint a new member to fill any
vacancy on the ((committee)) board for the remainder of the
unexpired term. ((No board member may serve more than two consecutive
terms, whether full or partial.))
(2) The board
appointed on June 30, 1995, together with the director or the director's
designee, shall conduct a thorough review of educational requirements,
licensing requirements, and enforcement and health standards for persons
engaged in cosmetology, barbering, esthetics, or manicuring and shall prepare a
report to be delivered to the governor, the director, and the chairpersons of
the governmental operations committees of the house of representatives and the
senate. The report must summarize their findings and make recommendations,
including, if appropriate, recommendations for legislation reforming and
restructuring the regulation of cosmetology, barbering, esthetics, and
manicuring.
(3)
Board members shall be entitled to compensation pursuant to RCW 43.03.240 for
each day spent conducting official business and to reimbursement for travel
expenses as provided by RCW 43.03.050 and 43.03.060.
PART
5
SHORTHAND REPORTERS ADVISORY
BOARD
Sec. 501. RCW 18.145.030 and 1989
c 382 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)
"Department" means the department of licensing.
(2)
"Director" means the director of licensing.
(3) "Shorthand
reporter" and "court reporter" mean an individual certified
under this chapter.
(((4)
"Board" means the Washington state shorthand reporter advisory board.))
Sec. 502. RCW 18.145.050 and 1989
c 382 s 6 are each amended to read as follows:
In addition to any
other authority provided by law, the director may:
(1) Adopt rules in
accordance with chapter 34.05 RCW that are necessary to implement this chapter;
(2) Set all
certification examination, renewal, late renewal, duplicate, and verification
fees in accordance with RCW 43.24.086;
(3) Establish the forms
and procedures necessary to administer this chapter;
(4) Issue a certificate
to any applicant who has met the requirements for certification;
(5) Hire clerical,
administrative, and investigative staff as needed to implement and administer
this chapter;
(6) Investigate
complaints or reports of unprofessional conduct as defined in this chapter and
hold hearings pursuant to chapter 34.05 RCW;
(7) Issue subpoenas for
records and attendance of witnesses, statements of charges, statements of
intent to deny certificates, and orders; administer oaths; take or cause
depositions to be taken; and use other discovery procedures as needed in any
investigation, hearing, or proceeding held under this chapter;
(8) Maintain the
official departmental record of all applicants and certificate holders;
(9) Delegate, in
writing to a designee, the authority to issue subpoenas, statements of charges,
and statements of intent to deny certification;
(10) Prepare and
administer or approve the preparation and administration of examinations for
certification;
(11) Establish by rule
the procedures for an appeal of a failure of an examination;
(12) Conduct a hearing
under chapter 34.05 RCW on an appeal of a denial of a certificate based on the
applicant's failure to meet minimum qualifications for certification;
(13) Establish ad
hoc advisory committees whose membership shall include representatives of
professional court reporting and stenomasking associations and representatives
from accredited schools offering degrees in court reporting or stenomasking to
advise the director on testing procedures, professional standards, disciplinary
activities, or any other matters deemed necessary.
Sec. 503. RCW 18.145.070 and 1989
c 382 s 8 are each amended to read as follows:
The director((,
members of the board,)) and individuals acting on ((their)) the
director's behalf shall not be civilly liable for any act performed in good
faith in the course of their duties.
Sec. 504. RCW 18.145.080 and 1989
c 382 s 9 are each amended to read as follows:
(1) The department
shall issue a certificate to any applicant who, as determined by the director
((upon advice of the board)), has:
(a) Successfully
completed an examination approved by the director;
(b) Good moral
character;
(c) Not engaged in
unprofessional conduct; and
(d) Not been determined
to be unable to practice with reasonable skill and safety as a result of a
physical or mental impairment.
(2) A one-year
temporary certificate may be issued, at the discretion of the director, to a
person holding one of the following: National shorthand reporters association
certificate of proficiency, registered professional reporter certificate, or
certificate of merit; a current court or shorthand reporter certification,
registration, or license of another state; or a certificate of graduation of a
court reporting school. To continue to be certified under this chapter, a
person receiving a temporary certificate shall successfully complete the
examination under subsection (1)(a) of this section within one year of
receiving the temporary certificate, except that the director may renew the
temporary certificate if extraordinary circumstances are shown.
(3) The examination
required by subsection (1)(a) of this section shall be no more difficult than
the examination provided by the court reporter examining committee as
authorized by RCW 2.32.180.
NEW SECTION. Sec.
505. RCW 18.145.060 and 1989 c
382 s 7 are each repealed.
PART
6
MARITIME BICENTENNIAL ADVISORY
COMMITTEE
NEW SECTION. Sec.
601. RCW 27.34.300 and 1989 c
82 s 2 are each repealed.
PART
7
CENTENNIAL COMMISSION
NEW SECTION. Sec.
701. The following acts or
parts of acts are each repealed:
(1) RCW 27.60.010 and 1982 c
90 s 1;
(2) RCW 27.60.020 and 1985 c
291 s 1, 1984 c 120 s 1, & 1982 c 90 s 2;
(3) RCW 27.60.030 and 1982 c
90 s 3;
(4) RCW 27.60.040 and 1987 c
195 s 1, 1985 c 291 s 2, & 1982 c 90 s 4;
(5) RCW 27.60.050 and 1982 c
90 s 5;
(6) RCW 27.60.070 and 1985 c
291 s 4;
(7) RCW 27.60.090 and 1986 c
157 s 2; and
(8) RCW 27.60.900 and 1989 c
82 s 3, 1985 c 268 s 3, & 1982 c 90 s 6.
PART
8
STUDENT FINANCIAL AID POLICY STUDY
ADVISORY COMMITTEE
Sec. 801. RCW 28B.10.804 and 1969
ex.s. c 222 s 10 are each amended to read as follows:
The commission shall be
cognizant of the following guidelines in the performance of its duties:
(1) The commission
shall be research oriented, not only at its inception but continually through
its existence.
(2) The commission
shall coordinate all existing programs of financial aid except those
specifically dedicated to a particular institution by the donor.
(3) The commission
shall take the initiative and responsibility for coordinating all federal
student financial aid programs to insure that the state recognizes the maximum
potential effect of these programs, and shall design the state program which
complements existing federal, state and institutional programs.
(4) Counseling is a
paramount function of student financial aid, and in most cases could only be
properly implemented at the institutional levels; therefore, state student
financial aid programs shall be concerned with the attainment of those goals
which, in the judgment of the commission, are the reasons for the existence of
a student financial aid program, and not solely with administration of the
program on an individual basis.
(5) ((In the
development of any new program, the commission shall seek advice from and
consultation with the institutions of higher learning, state agencies,
industry, labor, and such other interested groups as may be able to contribute
to the effectiveness of program development and implementation.
(6))) The "package" approach of combining
loans, grants and employment for student financial aid shall be the
conceptional element of the state's involvement.
PART
9
ADVISORY
COMMITTEE ON ACCESS TO EDUCATION
FOR STUDENTS WITH DISABILITIES
NEW SECTION. Sec.
901. The following acts or
parts of acts are each repealed:
(1) RCW 28B.80.550 and 1991 c
228 s 7; and
(2) RCW 28B.80.555 and 1991 c
228 s 8.
PART
10
ADVISORY
COMMITTEE FOR PROGRAM FOR
DISLOCATED FOREST PRODUCTS
WORKERS
Sec. 1001. RCW 28B.80.575 and 1991
c 315 s 19 are each amended to read as follows:
The board shall
administer a program designed to provide upper division higher education
opportunities to dislocated forest products workers, their spouses, and others
in timber impact areas. In administering the program, the board shall have the
following powers and duties:
(1) Distribute funding
for institutions of higher education to service placebound students in the
timber impact areas meeting the following criteria, as determined by the
employment security department: (a) A lumber and wood products employment
location quotient at or above the state average; (b) a direct lumber and wood
products job loss of one hundred positions or more; and (c) an annual
unemployment rate twenty percent above the state average; and
(2) ((Appoint an
advisory committee to assist the board in program design and future project
selection;
(3))) Monitor the program and report on student
progress and outcome((; and
(4) Report to the
legislature by December 1, 1993, on the status of the program)).
PART
11
STATE
FIRE DEFENSE BOARD AND
FIRE PROTECTION POLICY BOARD
Sec. 1101. RCW 38.54.030 and 1992 c
117 s 11 are each amended to read as follows:
((There is created
the state fire defense board consisting of the state fire marshal, a
representative from the department of natural resources appointed by the
commissioner of public lands, the assistant director of the emergency
management division of the department of community development, and one
representative selected by each regional fire defense board in the state.
Members of the state fire defense board shall select from among themselves a
chairperson. Members serving on the board do so in a voluntary capacity and
are not eligible for reimbursement for meeting-related expenses from the state.))
The state fire ((defense
board shall develop and maintain)) protection policy board shall review
and make recommendations to the director on the refinement and maintenance of
the Washington state fire services mobilization plan, which shall include the
procedures to be used during fire and other emergencies for coordinating
local, regional, and state fire jurisdiction resources. In carrying out
this duty, the fire protection policy board shall consult with and solicit
recommendations from representatives of state and local fire and emergency
management organizations, regional fire defense boards, and the department of
natural resources. The Washington state fire services mobilization plan
shall be consistent with, and made part of, the Washington state comprehensive
emergency management plan. The director shall review the fire services
mobilization plan as submitted by the state fire defense board and after
consultation with the fire protection policy board, recommend changes that may
be necessary, and approve the fire services mobilization plan for inclusion
within the state comprehensive emergency management plan.
It is the
responsibility of the director to mobilize jurisdictions under the Washington
state fire services mobilization plan. The state fire marshal shall serve as
the state fire resources coordinator when the Washington state fire services
mobilization plan is mobilized.
PART
12
EMERGENCY MANAGEMENT COUNCIL AND
RELATED BOARDS
Sec. 1201. RCW 38.52.030 and 1991 c
322 s 20 and 1991 c 54 s 2 are each reenacted and amended to read as follows:
(1) The director may
employ such personnel and may make such expenditures within the appropriation
therefor, or from other funds made available for purposes of emergency
management, as may be necessary to carry out the purposes of this chapter.
(2) The director,
subject to the direction and control of the governor, shall be responsible to
the governor for carrying out the program for emergency management of this
state. The director shall coordinate the activities of all organizations for
emergency management within the state, and shall maintain liaison with and
cooperate with emergency management agencies and organizations of other states
and of the federal government, and shall have such additional authority,
duties, and responsibilities authorized by this chapter, as may be prescribed
by the governor.
(3) The director shall develop
and maintain a comprehensive, all-hazard emergency plan for the state which
shall include an analysis of the natural and man-caused hazards which could
affect the state of Washington, and shall include the procedures to be used
during emergencies for coordinating local resources, as necessary, and the
resources of all state agencies, departments, commissions, and boards. The
comprehensive emergency management plan shall direct the department in times of
state emergency to administer and manage the state's emergency operations
center. This will include representation from all appropriate state agencies
and be available as a single point of contact for the authorizing of state
resources or actions, including emergency permits. The comprehensive, all-hazard
emergency plan authorized under this subsection may not include preparation for
emergency evacuation or relocation of residents in anticipation of nuclear
attack. This plan shall be known as the comprehensive emergency management
plan.
(4) In accordance with
the comprehensive emergency management plans and the programs for the emergency
management of this state, the director shall procure supplies and equipment,
institute training programs and public information programs, and shall take all
other preparatory steps, including the partial or full mobilization of
emergency management organizations in advance of actual disaster, to insure the
furnishing of adequately trained and equipped forces of emergency management
personnel in time of need.
(5) The director shall
make such studies and surveys of the industries, resources, and facilities in
this state as may be necessary to ascertain the capabilities of the state for
emergency management, and shall plan for the most efficient emergency use
thereof.
(6) ((The director
may appoint a communications coordinating committee consisting of six to eight
persons with the director, or his or her designee, as chairman thereof. Three
of the members shall be appointed from qualified, trained and experienced telephone
communications administrators or engineers actively engaged in such work within
the state of Washington at the time of appointment, and three of the members
shall be appointed from qualified, trained and experienced radio communication
administrators or engineers actively engaged in such work within the state of
Washington at the time of appointment. This committee)) The emergency
management council shall advise the director on all aspects of the
communications and warning systems and facilities operated or controlled under
the provisions of this chapter.
(7) The director,
through the state enhanced 911 coordinator, shall coordinate and facilitate
implementation and operation of a state-wide enhanced 911 emergency
communications network.
(8) The director shall
appoint a state coordinator of search and rescue operations to coordinate those
state resources, services and facilities (other than those for which the state
director of aeronautics is directly responsible) requested by political
subdivisions in support of search and rescue operations, and on request to
maintain liaison with and coordinate the resources, services, and facilities of
political subdivisions when more than one political subdivision is engaged in
joint search and rescue operations.
(9) The director,
subject to the direction and control of the governor, shall prepare and
administer a state program for emergency assistance to individuals within the
state who are victims of a natural or man-made disaster, as defined by RCW
38.52.010(6). Such program may be integrated into and coordinated with
disaster assistance plans and programs of the federal government which provide
to the state, or through the state to any political subdivision thereof,
services, equipment, supplies, materials, or funds by way of gift, grant, or
loan for purposes of assistance to individuals affected by a disaster.
Further, such program may include, but shall not be limited to, grants, loans,
or gifts of services, equipment, supplies, materials, or funds of the state, or
any political subdivision thereof, to individuals who, as a result of a
disaster, are in need of assistance and who meet standards of eligibility for
disaster assistance established by the department of social and health
services: PROVIDED, HOWEVER, That nothing herein shall be construed in any
manner inconsistent with the provisions of Article VIII, section 5 or section 7
of the Washington state Constitution.
(10) The director shall
appoint a state coordinator for radioactive and hazardous waste emergency
response programs. The coordinator shall consult with the state radiation
control officer in matters relating to radioactive materials. The duties of
the state coordinator for radioactive and hazardous waste emergency response
programs shall include:
(a) Assessing the
current needs and capabilities of state and local radioactive and hazardous
waste emergency response teams on an ongoing basis;
(b) Coordinating
training programs for state and local officials for the purpose of updating
skills relating to emergency response;
(c) Utilizing
appropriate training programs such as those offered by the federal emergency
management agency, the department of transportation and the environmental
protection agency; and
(d) Undertaking other
duties in this area that are deemed appropriate by the director.
Sec. 1202. RCW 38.52.040 and 1988 c
81 s 18 are each amended to read as follows:
(1) There is
hereby created the emergency management council (hereinafter called the council),
to consist of not ((less than seven nor)) more than seventeen members
who shall be appointed by the governor. ((The council shall advise the
governor and the director on all matters pertaining to emergency management and
shall advise the chief of the Washington state patrol on safety in the
transportation of hazardous materials described in RCW 46.48.170.)) The
membership of the council shall include, but not be limited to, representatives
of city and county governments, sheriffs and police chiefs, the Washington
state patrol, the military department, the department of ecology, state and
local fire chiefs, seismic safety experts, state and local emergency
management directors, search and rescue volunteers, medical professions who
have expertise in emergency medical care, building officials, and
private industry((, and local fire chiefs)). The representatives of
private industry shall include persons knowledgeable in ((the handling and
transportation of hazardous materials)) emergency and hazardous materials
management. The council members shall elect a chairman from within the
council membership. The members of the council shall serve without
compensation, but may be reimbursed for their travel expenses incurred in the
performance of their duties in accordance with RCW 43.03.050 and 43.03.060 as
now existing or hereafter amended.
(2) The emergency
management council shall advise the governor and the director on all matters
pertaining to state and local emergency management. The council may appoint such
ad hoc committees, subcommittees, and working groups as are required to develop
specific recommendations for the improvement of emergency management practices,
standards, policies, or procedures. The council shall ensure that the governor
receives an annual assessment of state-wide emergency preparedness including,
but not limited to, specific progress on hazard mitigation and reduction
efforts, implementation of seismic safety improvements, reduction of flood
hazards, and coordination of hazardous materials planning and response
activities. The council or a subcommittee thereof shall periodically convene
in special session and serve during those sessions as the state emergency
response commission required by P.L. 99-499, the emergency planning and community
right-to-know act. When sitting in session as the state emergency response
commission, the council shall confine its deliberations to those items
specified in federal statutes and state administrative rules governing the
coordination of hazardous materials policy. The council shall review
administrative rules governing state and local emergency management practices
and recommend necessary revisions to the director.
NEW SECTION. Sec.
1203. By July 1, 1995, the
director of community, trade, and economic development shall terminate the
state emergency response commission, the disaster assistance council, the
hazardous materials advisory committee, the hazardous materials transportation
act grant review committee, the flood damage reduction committee, and the
hazard mitigation grant review committee. The director shall ensure that the
responsibilities of these committees are carried out by the emergency
management council or subcommittees thereof.
PART
13
OFFICE OF MINORITY
AND WOMEN'S BUSINESS ENTERPRISES
ADVISORY COMMITTEE
NEW SECTION. Sec.
1301. RCW 39.19.040 and 1985 c
466 s 45 & 1983 c 120 s 4 are each repealed.
NEW SECTION. Sec.
1302. A new section is added
to chapter 39.19 RCW to read as follows:
The director may
establish ad hoc advisory committees, as necessary, to assist in the
development of policies to carry out the purposes of this chapter.
PART
14
SUPPLY MANAGEMENT ADVISORY BOARD
Sec. 1401. RCW 43.19.190 and 1994 c
138 s 1 are each amended to read as follows:
The director of general
administration, through the state purchasing and material control director,
shall:
(1) Establish and staff
such administrative organizational units within the division of purchasing as
may be necessary for effective administration of the provisions of RCW
43.19.190 through 43.19.1939;
(2) Purchase all
material, supplies, services, and equipment needed for the support,
maintenance, and use of all state institutions, colleges, community colleges,
technical colleges, college districts, and universities, the offices of the
elective state officers, the supreme court, the court of appeals, the
administrative and other departments of state government, and the offices of
all appointive officers of the state: PROVIDED, That the provisions of RCW
43.19.190 through 43.19.1937 do not apply in any manner to the operation of the
state legislature except as requested by the legislature: PROVIDED, That any
agency may purchase material, supplies, services, and equipment for which the
agency has notified the purchasing and material control director that it is
more cost-effective for the agency to make the purchase directly from the
vendor: PROVIDED, That primary authority for the purchase of specialized
equipment, instructional, and research material for their own use shall rest
with the colleges, community colleges, and universities: PROVIDED FURTHER,
That universities operating hospitals and the state purchasing and material
control director, as the agent for state hospitals as defined in RCW 72.23.010,
and for health care programs provided in state correctional institutions as
defined in RCW 72.65.010(3) and veterans' institutions as defined in RCW
72.36.010 and 72.36.070, may make purchases for hospital operation by
participating in contracts for materials, supplies, and equipment entered into
by nonprofit cooperative hospital group purchasing organizations: PROVIDED
FURTHER, That primary authority for the purchase of materials, supplies, and
equipment for resale to other than public agencies shall rest with the state
agency concerned: PROVIDED FURTHER, That authority to purchase services as
included herein does not apply to personal services as defined in chapter 39.29
RCW, unless such organization specifically requests assistance from the
division of purchasing in obtaining personal services and resources are
available within the division to provide such assistance: PROVIDED FURTHER,
That the authority for the purchase of insurance and bonds shall rest with the
risk manager under RCW 43.19.1935: PROVIDED FURTHER, That, except for the
authority of the risk manager to purchase insurance and bonds, the director is
not required to provide purchasing services for institutions of higher
education that choose to exercise independent purchasing authority under RCW
28B.10.029;
(3) ((Provide the
required staff assistance for the state supply management advisory board
through the division of purchasing;
(4))) Have authority to delegate to state agencies
authorization to purchase or sell, which authorization shall specify
restrictions as to dollar amount or to specific types of material, equipment,
services, and supplies((: PROVIDED, That)). Acceptance of the
purchasing authorization by a state agency does not relieve such agency from
conformance with other sections of RCW 43.19.190 through 43.19.1939, or from
policies established by the director ((after consultation with the state
supply management advisory board: PROVIDED FURTHER, That)). Also,
delegation of such authorization to a state agency, including an educational
institution to which this section applies, to purchase or sell material,
equipment, services, and supplies shall not be granted, or otherwise continued
under a previous authorization, if such agency is not in substantial compliance
with overall state purchasing and material control policies as established
herein;
(((5))) (4)
Contract for the testing of material, supplies, and equipment with public and
private agencies as necessary and advisable to protect the interests of the
state;
(((6))) (5)
Prescribe the manner of inspecting all deliveries of supplies, materials, and
equipment purchased through the division;
(((7))) (6)
Prescribe the manner in which supplies, materials, and equipment purchased
through the division shall be delivered, stored, and distributed;
(((8))) (7)
Provide for the maintenance of a catalogue library, manufacturers' and
wholesalers' lists, and current market information;
(((9))) (8)
Provide for a commodity classification system and may, in addition, provide for
the adoption of standard specifications ((after receiving the recommendation
of the supply management advisory board));
(((10))) (9)
Provide for the maintenance of inventory records of supplies, materials, and
other property;
(((11))) (10)
Prepare rules and regulations governing the relationship and procedures between
the division of purchasing and state agencies and vendors;
(((12))) (11)
Publish procedures and guidelines for compliance by all state agencies,
including those educational institutions to which this section applies, which
implement overall state purchasing and material control policies;
(((13))) (12)
Advise state agencies, including educational institutions, regarding compliance
with established purchasing and material control policies under existing
statutes.
Sec. 1402. RCW 43.19.1905 and 1993
sp.s. c 10 s 3 are each amended to read as follows:
The director of general
administration((, after consultation with the supply management advisory
board)) shall establish overall state policy for compliance by all state
agencies, including educational institutions, regarding the following
purchasing and material control functions:
(1) Development of a
state commodity coding system, including common stock numbers for items
maintained in stores for reissue;
(2) Determination where
consolidations, closures, or additions of stores operated by state agencies and
educational institutions should be initiated;
(3) Institution of
standard criteria for determination of when and where an item in the state
supply system should be stocked;
(4) Establishment of
stock levels to be maintained in state stores, and formulation of standards for
replenishment of stock;
(5) Formulation of an
overall distribution and redistribution system for stock items which establishes
sources of supply support for all agencies, including interagency supply
support;
(6) Determination of
what function data processing equipment, including remote terminals, shall
perform in state-wide purchasing and material control for improvement of
service and promotion of economy;
(7) Standardization of
records and forms used state-wide for supply system activities involving
purchasing, receiving, inspecting, storing, requisitioning, and issuing
functions ((under the provisions of RCW 43.19.510)), including a
standard notification form for state agencies to report cost-effective direct
purchases, which shall at least identify the price of the goods as available
through the division of purchasing, the price of the goods as available from
the alternative source, the total savings, and the signature of the notifying
agency's director or the director's designee;
(8) Screening of
supplies, material, and equipment excess to the requirements of one agency for
overall state need before sale as surplus;
(9) Establishment of
warehouse operation and storage standards to achieve uniform, effective, and
economical stores operations;
(10) Establishment of
time limit standards for the issuing of material in store and for processing
requisitions requiring purchase;
(11) Formulation of
criteria for determining when centralized rather than decentralized purchasing
shall be used to obtain maximum benefit of volume buying of identical or
similar items, including procurement from federal supply sources;
(12) Development of
criteria for use of leased, rather than state owned, warehouse space based on
relative cost and accessibility;
(13) Institution of
standard criteria for purchase and placement of state furnished materials,
carpeting, furniture, fixtures, and nonfixed equipment, in newly constructed or
renovated state buildings;
(14) Determination of
how transportation costs incurred by the state for materials, supplies,
services, and equipment can be reduced by improved freight and traffic
coordination and control;
(15) Establishment of a
formal certification program for state employees who are authorized to perform
purchasing functions as agents for the state under the provisions of chapter
43.19 RCW;
(16) Development of
performance measures for the reduction of total overall expense for material,
supplies, equipment, and services used each biennium by the state;
(17) Establishment of a
standard system for all state organizations to record and report dollar savings
and cost avoidance which are attributable to the establishment and
implementation of improved purchasing and material control procedures;
(18) Development of
procedures for mutual and voluntary cooperation between state agencies,
including educational institutions, and political subdivisions for exchange of
purchasing and material control services;
(19) Resolution of all
other purchasing and material matters ((referred to him by a member of the
advisory board)) which require the establishment of overall state-wide
policy for effective and economical supply management;
(20) Development of
guidelines and criteria for the purchase of vehicles, alternate vehicle fuels
and systems, equipment, and materials that reduce overall energy-related costs
and energy use by the state, including the requirement that new passenger
vehicles purchased by the state meet the minimum standards for passenger
automobile fuel economy established by the United States secretary of
transportation pursuant to the energy policy and conservation act (15 U.S.C.
Sec. 2002).
Sec. 1403. RCW 43.19.19052 and 1986
c 158 s 9 are each amended to read as follows:
Initial policy
determinations for the functions described in RCW 43.19.1905 shall be developed
and published within the 1975-77 biennium by the director((, after
consultation with the supply management advisory board)) for guidance and
compliance by all state agencies, including educational institutions, involved
in purchasing and material control. Modifications to these initial supply
management policies established during the 1975-77 biennium shall be instituted
by the director((, after consultation with the advisory board,)) in
future biennia as required to maintain an efficient and up-to-date state supply
management system. The director shall transmit to the governor and the
legislature in June 1976 and June 1977 a progress report which indicates the degree
of accomplishment of each of these assigned duties, and which summarizes
specific achievements obtained in increased effectiveness and dollar savings or
cost avoidance within the overall state purchasing and material control
system. The second progress report in June 1977 shall include a comprehensive
supply management plan which includes the recommended organization of a
state-wide purchasing and material control system and development of an orderly
schedule for implementing such recommendation. In the interim between these
annual progress reports, the director shall furnish periodic reports to the
office of financial management for review of progress being accomplished in
achieving increased efficiencies and dollar savings or cost avoidance.
It is the intention of
the legislature that measurable improvements in the effectiveness and economy
of supply management in state government shall be achieved during the 1975-77
biennium, and each biennium thereafter. All agencies, departments, offices,
divisions, boards, and commissions and educational, correctional, and other
types of institutions are required to cooperate with and support the
development and implementation of improved efficiency and economy in purchasing
and material control. To effectuate this legislative intention, the director,
((in consultation with the supply management advisory board, and))
through the state purchasing and material control director, shall have the
authority to direct and require the submittal of data from all state organizations
concerning purchasing and material control matters.
Sec. 1404. RCW 43.19.1906 and 1994
c 300 s 1 are each amended to read as follows:
Insofar as practicable,
all purchases and sales shall be based on competitive bids, and a formal sealed
bid procedure shall be used as standard procedure for all purchases and
contracts for purchases and sales executed by the state purchasing and material
control director and under the powers granted by RCW 43.19.190 through 43.19.1939.
This requirement also applies to purchases and contracts for purchases and
sales executed by agencies, including educational institutions, under delegated
authority granted in accordance with provisions of RCW 43.19.190 or under RCW
28B.10.029. However, formal sealed bidding is not necessary for:
(1) Emergency purchases
made pursuant to RCW 43.19.200 if the sealed bidding procedure would prevent or
hinder the emergency from being met appropriately;
(2) Purchases not
exceeding thirty-five thousand dollars, or subsequent limits as calculated by
the office of financial management: PROVIDED, That the state director of
general administration shall establish procedures to assure that purchases made
by or on behalf of the various state agencies shall not be made so as to avoid
the thirty-five thousand dollar bid limitation, or subsequent bid limitations
as calculated by the office of financial management: PROVIDED FURTHER, That
the state purchasing and material control director is authorized to reduce the
formal sealed bid limits of thirty-five thousand dollars, or subsequent limits
as calculated by the office of financial management, to a lower dollar amount
for purchases by individual state agencies if considered necessary to maintain
full disclosure of competitive procurement or otherwise to achieve overall
state efficiency and economy in purchasing and material control. Quotations
from four hundred dollars to thirty-five thousand dollars, or subsequent limits
as calculated by the office of financial management, shall be secured from at
least three vendors to assure establishment of a competitive price and may be
obtained by telephone or written quotations, or both. The agency shall invite
at least one quotation each from a certified minority and a certified
women-owned vendor who shall otherwise qualify to perform such work.
Immediately after the award is made, the bid quotations obtained shall be
recorded and open to public inspection and shall be available by telephone
inquiry. A record of competition for all such purchases from four hundred
dollars to thirty-five thousand dollars, or subsequent limits as calculated by
the office of financial management, shall be documented for audit purposes.
Purchases up to four hundred dollars may be made without competitive bids based
on buyer experience and knowledge of the market in achieving maximum quality at
minimum cost: PROVIDED, That this four hundred dollar direct buy limit without
competitive bids may be increased incrementally as required to a maximum of
eight hundred dollars ((with the approval of at least ten of the members of
the state supply management advisory board)), if warranted by increases in
purchasing costs due to inflationary trends;
(3) Purchases which are
clearly and legitimately limited to a single source of supply and purchases
involving special facilities, services, or market conditions, in which
instances the purchase price may be best established by direct negotiation;
(4) Purchases of
insurance and bonds by the risk management office under RCW 43.19.1935;
(5) Purchases and
contracts for vocational rehabilitation clients of the department of social and
health services: PROVIDED, That this exemption is effective only when the
state purchasing and material control director, after consultation with the
director of the division of vocational rehabilitation and appropriate
department of social and health services procurement personnel, declares that
such purchases may be best executed through direct negotiation with one or more
suppliers in order to expeditiously meet the special needs of the state's
vocational rehabilitation clients;
(6) Purchases by
universities for hospital operation or biomedical teaching or research purposes
and by the state purchasing and material control director, as the agent for
state hospitals as defined in RCW 72.23.010, and for health care programs
provided in state correctional institutions as defined in RCW 72.65.010(3) and
veterans' institutions as defined in RCW 72.36.010 and 72.36.070, made by
participating in contracts for materials, supplies, and equipment entered into
by nonprofit cooperative hospital group purchasing organizations;
(7) Purchases by
institutions of higher education not exceeding thirty-five thousand dollars:
PROVIDED, That for purchases between two thousand five hundred dollars and
thirty-five thousand dollars quotations shall be secured from at least three
vendors to assure establishment of a competitive price and may be obtained by
telephone or written quotations, or both. For purchases between two thousand
five hundred dollars and thirty-five thousand dollars, each institution of
higher education shall invite at least one quotation each from a certified
minority and a certified women-owned vendor who shall otherwise qualify to perform
such work. A record of competition for all such purchases made from two
thousand five hundred to thirty-five thousand dollars shall be documented for
audit purposes; and
(8) Beginning on July
1, 1995, and on July 1 of each succeeding odd-numbered year, the dollar limits
specified in this section shall be adjusted as follows: The office of
financial management shall calculate such limits by adjusting the previous
biennium's limits by the appropriate federal inflationary index reflecting the
rate of inflation for the previous biennium. Such amounts shall be rounded to
the nearest one hundred dollars.
Sec. 1405. RCW 43.19.1937 and
1975-'76 2nd ex.s. c 21 s 13 are each amended to read as follows:
No ((member of the
state supply management advisory board or)) state employee whose duties
performed for the state include:
(1) Advising on or
drawing specifications for supplies, equipment, commodities, or services;
(2) Suggesting or
determining vendors to be placed upon a bid list;
(3) Drawing
requisitions for supplies, equipment, commodities, or services;
(4) Evaluating
specifications or bids and suggesting or determining awards; or
(5) Accepting the
receipt of supplies, equipment, and commodities or approving the performance of
services or contracts;
shall accept or receive,
directly or indirectly, a personal financial benefit, or accept any gift,
token, membership, or service, as a result of a purchase entered into by the
state, from any person, firm, or corporation engaged in the sale, lease, or
rental of property, material, supplies, equipment, commodities, or services to
the state of Washington.
Violation of this
section shall be considered a malfeasance and may cause loss of position, and
the violator shall be liable to the state upon his official bond for all
damages sustained by the state. Contracts involved may be canceled at the
option of the state. Penalties provided in this section are not exclusive, and
shall not bar action under any other statute penalizing the same act or
omission.
Sec. 1406. RCW 43.19A.020 and 1991
c 297 s 3 are each amended to read as follows:
(1) The director shall
adopt standards specifying the minimum content of recycled materials in
products or product categories. The standards shall:
(a) Be consistent with
the USEPA product standards, unless the director finds that a different
standard would significantly increase recycled product availability or
competition;
(b) Consider the
standards of other states, to encourage consistency of manufacturing standards;
(c) Consider regional
product manufacturing capability;
(d) Address specific
products or classes of products; and
(e) Consider
postconsumer waste content and the recyclability of the product.
(2) The director shall
consult with the ((supply management board and)) department of ecology
prior to adopting the recycled content standards.
(3) The director shall
adopt recycled content standards for at least the following products by the
dates indicated:
(a) By July 1, 1992:
(i) Paper and paper
products;
(ii) Organic recovered
materials; and
(iii) Latex paint
products;
(b) By July 1, 1993:
(i) Products for lower
value uses containing recycled plastics;
(ii) Retread and
remanufactured tires;
(iii) Lubricating oils;
(iv) Automotive
batteries; and
(v) Building
insulation.
(4) The standards
required by this section shall be applied to recycled product purchasing by the
department and other state agencies. The standards may be adopted or applied
by any other local government in product procurement. The standards shall
provide for exceptions under appropriate circumstances to allow purchases of
recycled products that do not meet the minimum content requirements of the
standards.
NEW SECTION. Sec.
1407. RCW 43.19.1904 and 1979 c
88 s 2, 1975-'76 2nd ex.s. c 21 s 4, 1967 ex.s. c 104 s 4, & 1965 c 8 s
43.19.1904 are each repealed.
PART
15
PRESCRIPTION DRUG PROGRAM ADVISORY
COMMITTEE
NEW SECTION. Sec.
1501. By July 1, 1995, the
secretary of the department of social and health services shall abolish the
prescription drug program advisory committee.
PART
16
TELECOMMUNICATIONS
RELAY SERVICE PROGRAM
ADVISORY COMMITTEE
NEW SECTION. Sec.
1601. RCW 43.20A.730 and 1992 c
144 s 4, 1990 c 89 s 4, & 1987 c 304 s 4 are each repealed.
PART
17
LABORATORY ACCREDITATION ADVISORY
COMMITTEE
NEW SECTION. Sec.
1701. By July 1, 1995, the
director of the department of ecology shall abolish the laboratory
accreditation advisory committee.
PART
18
METALS MINING ADVISORY GROUP
NEW SECTION. Sec.
1801. 1994 c 232 s 27
(uncodified) is repealed.
PART
19
ECONOMIC RECOVERY COORDINATION
BOARD
Sec. 1901. RCW 43.20A.750 and 1993
c 280 s 38 are each amended to read as follows:
(1) The department of
social and health services shall help families and workers in timber impact
areas make the transition through economic difficulties and shall provide
services to assist workers to gain marketable skills. The department, as a
member of the agency timber task force ((and in consultation with the
economic recovery coordination board,)) and, where appropriate, under an
interagency agreement with the department of community, trade, and economic
development, shall provide grants through the office of the secretary for
services to the unemployed in timber impact areas, including providing direct
or referral services, establishing and operating service delivery programs, and
coordinating delivery programs and delivery of services. These grants may be
awarded for family support centers, reemployment centers, or other local
service agencies.
(2) The services
provided through the grants may include, but need not be limited to: Credit
counseling; social services including marital counseling; psychotherapy or psychological
counseling; mortgage foreclosures and utilities problems counseling; drug and
alcohol abuse services; medical services; and residential heating and food
acquisition.
(3) Funding for these
services shall be coordinated through the economic recovery coordination board
which will establish a fund to provide child care assistance, mortgage
assistance, and counseling which cannot be met through current programs. No
funds shall be used for additional full-time equivalents for administering this
section.
(4)(a) Grants for
family support centers are intended to provide support to families by
responding to needs identified by the families and communities served by the
centers. Services provided by family support centers may include parenting
education, child development assessments, health and nutrition education,
counseling, and information and referral services. Such services may be
provided directly by the center or through referral to other agencies
participating in the interagency team.
(b) The department
shall consult with the council on child abuse or neglect regarding grants for
family support centers.
(5) "Timber impact
area" means:
(((a))) A county
having a population of less than five hundred thousand, or a city or town
located within a county having a population of less than five hundred thousand,
and meeting two of the following three criteria, as determined by the
employment security department, for the most recent year such data is
available: (((i))) (a) A lumber and wood products employment
location quotient at or above the state average; (((ii))) (b)
projected or actual direct lumber and wood products job losses of one hundred
positions or more, except counties having a population greater than two hundred
thousand but less than five hundred thousand must have direct lumber and wood
products job losses of one thousand positions or more; or (((iii))) (c)
an annual unemployment rate twenty percent or more above the state average((;
or
(b) Additional
communities as the economic recovery coordinating board, established in RCW
43.31.631, designates based on a finding by the board that each designated
community is socially and economically integrated with areas that meet the
definition of a timber impact area under (a) of this subsection)).
NEW SECTION. Sec.
1902. RCW 43.31.631 and 1993 c
316 s 3 & 1991 c 314 s 6 are each repealed.
PART
20
JOINT OPERATING AGENCY EXECUTIVE
COMMITTEE
NEW SECTION. Sec.
2001. RCW 43.52.373 and 1982
1st ex.s. c 43 s 6 & 1965 c 8 s 43.52.373 are each repealed.
PART
21
OFFICE OF CRIME VICTIMS ADVOCACY ADVISORY
COMMITTEE
NEW SECTION. Sec.
2101. By July 1, 1995, the
director of the department of community, trade, and economic development shall
abolish the office of crime victims advocacy advisory committee.
NEW SECTION. Sec.
2102. A new section is added
to chapter 43.63A RCW to read as follows:
The director of the department
of community, trade, and economic development may establish ad hoc advisory
committees, as necessary, to obtain advice and guidance regarding the office of
crime victims advocacy program.
PART
22
HEALTH CARE ACCESS AND COST CONTROL
COUNCIL
Sec. 2201. RCW 43.70.010 and 1994
sp.s. c 7 s 206 are each amended to read as follows:
As used in this
chapter, unless the context indicates otherwise:
(1)
"Assessment" means the regular collection, analysis, and sharing of information
about health conditions, risks, and resources in a community. Assessment
activities identify trends in illness, injury, and death and the factors that
may cause these events. They also identify environmental risk factors,
community concerns, community health resources, and the use of health
services. Assessment includes gathering statistical data as well as conducting
epidemiologic and other investigations and evaluations of health emergencies
and specific ongoing health problems;
(2) "Board"
means the state board of health;
(3) (("Council"
means the health care access and cost control council;
(4))) "Department" means the department of
health;
(((5))) (4)
"Policy development" means the establishment of social norms,
organizational guidelines, operational procedures, rules, ordinances, or
statutes that promote health or prevent injury, illness, or death; and
(((6))) (5)
"Secretary" means the secretary of health.
Sec. 2202. RCW 43.70.070 and 1989
1st ex.s. c 9 s 109 are each amended to read as follows:
The department shall
evaluate and analyze readily available data and information to determine the
outcome and effectiveness of health services, utilization of services, and
payment methods. This section should not be construed as allowing the
department access to proprietary information.
(1) The department
shall make its evaluations available to the board ((and the council))
for use in preparation of the state health report required by RCW 43.20.050,
and to consumers, purchasers, and providers of health care.
(2) The department((,
with advice from the council)) shall use the information to:
(a) Develop guidelines
which may be used by consumers, purchasers, and providers of health care to
encourage necessary and cost-effective services; and
(b) Make
recommendations to the governor on how state government and private purchasers
may be prudent purchasers of cost-effective, adequate health services.
Sec. 2203. RCW 70.170.020 and 1989 1st
ex.s. c 9 s 502 are each amended to read as follows:
As used in this
chapter:
(1) (("Council"
means the health care access and cost control council created by this chapter.
(2))) "Department" means department of
health.
(((3))) (2)
"Hospital" means any health care institution which is required to
qualify for a license under RCW 70.41.020(2); or as a psychiatric hospital
under chapter 71.12 RCW.
(((4))) (3)
"Secretary" means secretary of health.
(((5))) (4)
"Charity care" means necessary hospital health care rendered to
indigent persons, to the extent that the persons are unable to pay for the care
or to pay deductibles or co-insurance amounts required by a third-party payer,
as determined by the department.
(((6))) (5)
"Sliding fee schedule" means a hospital-determined, publicly
available schedule of discounts to charges for persons deemed eligible for
charity care; such schedules shall be established after consideration of
guidelines developed by the department.
(((7))) (6)
"Special studies" means studies which have not been funded through
the department's biennial or other legislative appropriations.
NEW SECTION. Sec.
2204. The following acts or
parts of acts are each repealed:
(1) RCW 70.170.030 and 1989
1st ex.s. c 9 s 503; and
(2) RCW 70.170.040 and 1989
1st ex.s. c 9 s 504.
PART
23
COUNCIL ON VOLUNTEERISM AND CITIZEN
SERVICE
Sec. 2301. RCW 43.150.030 and 1992
c 66 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)
"Volunteer" means a person who is willing to work without expectation
of salary or financial reward and who chooses where he or she provides services
and the type of services he or she provides.
(2) "Center"
means the state center for volunteerism and citizen service.
(((3)
"Council" means the Washington state council on volunteerism and
citizen service.))
NEW SECTION. Sec.
2302. RCW 43.150.060 and 1992 c
66 s 6, 1987 c 505 s 39, 1985 c 110 s 1, & 1982 1st ex.s. c 11 s 6 are each
repealed.
PART
24
COMMISSION
ON EFFICIENCY AND ACCOUNTABILITY
IN GOVERNMENT
NEW SECTION. Sec.
2401. The following acts or
parts of acts are each repealed:
(1) RCW 43.17.260 and 1987 c
480 s 1;
(2) RCW 43.17.270 and 1987 c
480 s 2;
(3) RCW 43.17.280 and 1987 c
480 s 3;
(4) RCW 43.17.290 and 1987 c
480 s 4;
(5) RCW 43.17.300 and 1987 c
480 s 5; and
(6) 1991 c 53 s 1 & 1987 c
480 s 6 (uncodified).
PART
25
TECHNICAL ADVISORY COMMITTEE ON PUPIL
TRANSPORTATION
Sec. 2501. RCW 46.61.380 and 1984 c
7 s 70 are each amended to read as follows:
The state
superintendent of public instruction((, by and with the advice of the state
department of transportation and the chief of the Washington state patrol,))
shall adopt and enforce rules not inconsistent with the law of this state to
govern the design, marking, and mode of operation of all school buses owned and
operated by any school district or privately owned and operated under contract
or otherwise with any school district in this state for the transportation of
school children. Those rules shall by reference be made a part of any such
contract or other agreement with the school district. Every school district,
its officers and employees, and every person employed under contract or
otherwise by a school district is subject to such rules. It is unlawful for
any officer or employee of any school district or for any person operating any
school bus under contract with any school district to violate any of the
provisions of such rules.
PART
26
TRANSPORTATION
IMPROVEMENT BOARD AND
MULTIMODAL
TRANSPORTATION PROGRAMS
AND PROJECTS SELECTION COMMITTEE
Sec. 2601. RCW 82.44.180 and 1993
sp.s. c 23 s 64 and 1993 c 393 s 1 are each reenacted and amended to read as
follows:
(1) The transportation
fund is created in the state treasury. Revenues under RCW 82.44.020 (1) and
(2), 82.44.110, 82.44.150, and the surcharge under RCW 82.50.510 shall be
deposited into the fund as provided in those sections.
Moneys in the fund may be
spent only after appropriation. Expenditures from the fund may be used only
for transportation purposes and activities and operations of the Washington
state patrol not directly related to the policing of public highways and that
are not authorized under Article II, section 40 of the state Constitution.
(2) There is hereby
created the central Puget Sound public transportation account within the
transportation fund. Moneys deposited into the account under RCW
82.44.150(2)(b) shall be appropriated to the ((department of))
transportation improvement board and allocated by the ((multimodal
transportation programs and projects selection committee created in RCW
47.66.020)) transportation improvement board to public
transportation projects within the region from which the funds are derived,
solely for:
(a) Planning;
(b) Development of
capital projects;
(c) Development of high
capacity transportation systems as defined in RCW 81.104.015;
(d) Development of high
occupancy vehicle lanes and related facilities as defined in RCW 81.100.020;
and
(e) Public
transportation system contributions required to fund projects under federal
programs and those approved by the transportation improvement board from
other fund sources.
(3) There is hereby
created the public transportation systems account within the transportation
fund. Moneys deposited into the account under RCW 82.44.150(2)(c) shall be
appropriated to the ((department of)) transportation improvement
board and allocated by the ((multimodal transportation programs and
projects selection committee)) transportation improvement board to
public transportation projects submitted by the public transportation systems
from which the funds are derived, solely for:
(a) Planning;
(b) Development of
capital projects;
(c) Development of high
capacity transportation systems as defined in RCW 81.104.015;
(d) Development of high
occupancy vehicle lanes and related facilities as defined in RCW 81.100.020;
(e) Other public
transportation system-related roadway projects on state highways, county roads,
or city streets; and
(f) Public
transportation system contributions required to fund projects under federal
programs and those approved by the transportation improvement board from
other fund sources.
Sec. 2602. RCW 81.104.090 and 1993
c 393 s 2 are each amended to read as follows:
The department of
transportation shall be responsible for distributing amounts appropriated from
the high capacity transportation account, which shall be allocated by the ((multimodal
transportation programs and projects selection committee)) department of
transportation based on criteria in subsection (2) of this section. The
department shall assemble and participate in a committee comprised of transit
agencies eligible to receive funds from the high capacity transportation
account for the purpose of reviewing fund applications.
(1) State high capacity
transportation account funds may provide up to eighty percent matching
assistance for high capacity transportation planning efforts.
(2) Authorizations for
state funding for high capacity transportation planning projects shall be
subject to the following criteria:
(a) Conformance with
the designated regional transportation planning organization's regional
transportation plan;
(b) Local matching
funds;
(c) Demonstration of
projected improvement in regional mobility;
(d) Conformance with
planning requirements prescribed in RCW 81.104.100, and if five hundred
thousand dollars or more in state funding is requested, conformance with the
requirements of RCW 81.104.110; and
(e) Establishment,
through interlocal agreements, of a joint regional policy committee as defined
in RCW 81.104.030 or 81.104.040.
(3) The department of
transportation shall provide general review and monitoring of the system and
project planning process prescribed in RCW 81.104.100.
Sec. 2603. RCW 47.26.121 and 1994 c
179 s 13 are each amended to read as follows:
(1) There is hereby
created a transportation improvement board of ((eighteen)) twenty-one
members, six of whom shall be county members and six of whom shall be city
members. The remaining members shall be: (a) One representative appointed by
the governor who shall be a state employee with responsibility for
transportation policy, planning, or funding; (b) ((the assistant secretary
of the department of transportation whose primary responsibilities relate to
planning and public transportation; (c) the assistant secretary for local
programs of)) two representatives from the department of
transportation; (((d) a)) (c) two representatives of ((a))
public transit systems; (((e))) (d) a private sector
representative; ((and (f) a public member)) (e) a member representing
the ports; (f) a member representing nonmotorized transportation; and (g) a
member representing special needs transportation.
(2) Of the county
members of the board, one shall be a county engineer or public works director;
one shall be the executive director of the county road administration board;
one shall be a county planning director or planning manager; one shall be a
county executive, councilmember, or commissioner from a county with a
population of one hundred twenty-five thousand or more; one shall be a county
executive, councilmember, or commissioner of a county who serves on the board
of a public transit system; and one shall be a county executive, councilmember,
or commissioner from a county with a population of less than one hundred
twenty-five thousand. All county members of the board, except the executive
director of the county road administration board, shall be appointed. Not more
than one county member of the board shall be from any one county. No more
than two of the three county-elected officials may represent counties located
in either the eastern or western part of the state as divided north and south
by the summit of the Cascade mountains.
(3) Of the city members
of the board one shall be a chief city engineer, public works director, or
other city employee with responsibility for public works activities, of a city
with a population of twenty thousand or more; one shall be a chief city
engineer, public works director, or other city employee with responsibility for
public works activities, of a city of less than twenty thousand population; one
shall be a city planning director or planning manager; one shall be a mayor,
commissioner, or city councilmember of a city with a population of twenty
thousand or more; one shall be a mayor, commissioner, or city councilmember of
a city who serves on the board of a public transit system; and one shall be a
mayor, commissioner, or councilmember of a city of less than twenty thousand
population. All of the city members shall be appointed. Not more than one
city member of the board shall be from any one city. No more than two of the
three city-elected officials may represent cities located in either the eastern
or western part of the state as divided north and south by the summit of the
Cascade mountains.
(4) Of the
transit members, at least one shall be a general manager, executive
director, or transit director of a public transit system in an urban area
with a population over two hundred thousand and at least one representative
from a rural or small urban transit system in an area with a population less
than two hundred thousand.
(5) The private sector
member shall be a citizen with business, management, and transportation related
experience and shall be active in a business community-based transportation
organization.
(6) The public member
shall have professional experience in transportation or land use planning, a
demonstrated interest in transportation issues, and involvement with community
groups or grass roots organizations.
(7) The port member
shall be a commissioner or senior staff person of a public port.
(8) The nonmotorized
transportation member shall be a citizen with a demonstrated interest and
involvement with a nonmotorized transportation group.
(9) The specialized
transportation member shall be a citizen with a demonstrated interest and
involvement with a state-wide specialized needs transportation group.
(10)
Appointments of county, city, Washington department of transportation,
transit, port, nonmotorized transportation, special needs transportation,
private sector, and public representatives shall be made by the secretary of
the department of transportation. Appointees shall be chosen from a list of
two persons for each position nominated by the Washington state association of
counties for county members, the association of Washington cities for city
members, ((and)) the Washington state transit association for the
transit members, and the Washington public ports association for the port
member. The private sector ((and)), public, nonmotorized
transportation, and special needs members shall be sought through
classified advertisements in selected newspapers collectively serving all urban
areas of the state, and other appropriate means. Persons applying for the
private sector, nonmotorized transportation, special needs transportation,
or the public member position must provide a letter of interest and a resume to
the secretary of the department of transportation. In the case of a vacancy,
the appointment shall be only for the remainder of the unexpired term in which
the vacancy has occurred. A vacancy shall be deemed to have occurred on the
board when any member elected to public office completes that term of office or
is removed therefrom for any reason or when any member employed by a political
subdivision terminates such employment for whatsoever reason or when a private
sector, nonmotorized transportation, special needs transportation, or
public member resigns or is unable or unwilling to serve.
(((8))) (11)
Appointments shall be for terms of four years. Terms of all appointed members
shall expire on June 30th of even-numbered years. The initial term of
appointed members may be for less than four years. No appointed member may
serve more than two consecutive four-year terms.
(((9))) (12)
The board shall elect a chair from among its members for a two-year term.
(((10))) (13)
Expenses of the board shall be paid in accordance with RCW 47.26.140.
(((11))) (14)
For purposes of this section, "public transit system" means a
city-owned transit system, county transportation authority, metropolitan
municipal corporation, public transportation benefit area, or regional transit
authority.
Sec. 2604. RCW 47.66.030 and 1993 c
393 s 5 are each amended to read as follows:
(1)(a) The ((multimodal
transportation programs and projects selection committee)) transportation
improvement board is authorized and responsible for the final selection of
programs and projects funded from the central Puget Sound public transportation
account; public transportation systems account; high capacity transportation
account; and the intermodal surface transportation and efficiency act of 1991,
surface transportation program, state-wide competitive.
(b) The ((committee))
board may establish subcommittees ((of the full committee)) as
well as technical advisory committees to carry out the mandates of this
chapter.
(2)(((a)))
Expenses of the ((committee)) board, including administrative
expenses for managing the program, shall be paid ((from the transportation
fund)) in accordance with RCW 47.26.140.
(((b) Members of the
committee shall receive no compensation for their services on the committee,
but shall be reimbursed for travel expenses incurred while attending meetings
of the committee or while engaged on other business of the committee when
authorized by the committee in accordance with RCW 43.03.050 and 43.03.060.))
Sec. 2605. RCW 47.26.140 and 1994 c
179 s 14 are each amended to read as follows:
The transportation
improvement board shall appoint an executive director, who shall serve at its
pleasure and whose salary shall be set by the board, and may employ additional
staff as it deems appropriate. All costs associated with staff, together with
travel expenses in accordance with RCW 43.03.050 and 43.03.060, shall be paid
from the urban arterial trust account, small city account, city hardship
assistance account, transportation fund, and the transportation
improvement account in the motor vehicle fund as determined by the biennial
appropriation.
Sec. 2606. RCW 47.66.040 and 1993 c
393 s 6 are each amended to read as follows:
(1) The ((multimodal
transportation programs and projects selection committee)) transportation
improvement board shall select programs and projects based on a competitive
process consistent with the mandates governing each account or source of
funds. The competition shall be consistent with the following criteria:
(a) Local, regional,
and state transportation plans;
(b) Local transit
development plans; and
(c) Local comprehensive
land use plans.
(2) The following
criteria shall be considered by the ((committee)) board in
selecting programs and projects:
(a) Objectives of the
growth management act, the high capacity transportation act, the commute trip
reduction act, transportation demand management programs, federal and state air
quality requirements, and federal Americans with disabilities act and related
state accessibility requirements; and
(b) Energy efficiency
issues, freight and goods movement as related to economic development, regional
significance, rural isolation, the leveraging of other funds including funds
administered by this ((committee)) board, and safety and security
issues.
(3) The ((committee))
board shall determine the appropriate level of local match required for
each program and project based on the source of funds.
Sec. 2607. RCW 47.26.160 and 1994 c
179 s 15 are each amended to read as follows:
The transportation
improvement board shall:
(1) Adopt rules
necessary to implement the provisions of chapter 47.66 RCW and this
chapter relating to the allocation of funds;
(2) Adopt reasonably
uniform design standards for city and county arterials.
NEW SECTION. Sec.
2608. The following acts or
parts of acts are each repealed:
(1) RCW 47.66.020 and 1993 c
393 s 4;
(2) RCW 47.66.050 and 1993 c
393 s 7; and
(3) RCW 47.66.060 and 1993 c
393 s 8.
PART
27
OVERSIGHT
COMMITTEE ON LONGSHOREMAN'S AND
HARBOR WORKER'S COMPENSATION
COVERAGE
NEW SECTION. Sec.
2701. The following acts or
parts of acts are each repealed:
(1) RCW 48.22.071 and 1992 c
209 s 3; and
(2) RCW 48.22.072 and 1993 c
177 s 2 & 1992 c 209 s 4.
PART
28
BOARD OF
ADVISORS FOR SOLID WASTE INCINERATOR
AND LANDFILL OPERATOR
CERTIFICATION
Sec. 2801. RCW 70.95D.010 and 1989
c 431 s 65 are each amended to read as follows:
Unless the context
clearly requires otherwise the definitions in this section apply throughout
this chapter.
(1) (("Board"
means the board of advisors for solid waste incinerator and landfill operator
certification established by RCW 70.95D.050.
(2))) "Certificate" means a certificate of
competency issued by the director stating that the operator has met the
requirements for the specified operator classification of the certification
program.
(((3))) (2)
"Department" means the department of ecology.
(((4))) (3)
"Director" means the director of ecology.
(((5))) (4)
"Incinerator" means a facility which has the primary purpose of
burning or which is designed with the primary purpose of burning solid waste or
solid waste derived fuel, but excludes facilities that have the primary purpose
of burning hog fuel.
(((6))) (5)
"Landfill" means a landfill as defined under RCW 70.95.030.
(((7))) (6)
"Owner" means, in the case of a town or city, the city or town acting
through its chief executive officer or the lessee if operated pursuant to a
lease or contract; in the case of a county, the chief elected official of the
county legislative authority or the chief elected official's designee; in the
case of a board of public utilities, association, municipality, or other public
body, the president or chief elected official of the body or the president's or
chief elected official's designee; in the case of a privately owned landfill or
incinerator, the legal owner.
(((8))) (7)
"Solid waste" means solid waste as defined under RCW 70.95.030.
Sec. 2802. RCW 70.95D.060 and 1989
c 431 s 70 are each amended to read as follows:
(1) The director may((,
with the recommendation of the board and after a hearing before the board,))
revoke a certificate:
(a) If it were found to
have been obtained by fraud or deceit;
(b) For gross
negligence in the operation of a solid waste incinerator or landfill;
(c) For violating the
requirements of this chapter or any lawful rule or order of the department; or
(d) If the facility
operated by the certified employee is operated in violation of state or federal
environmental laws.
(2) A person whose
certificate is revoked under this section shall not be eligible to apply for a
certificate for one year from the effective date of the final order ((or
[of])) of revocation.
NEW SECTION. Sec.
2803. RCW 70.95D.050 and 1989 c
431 s 69 are each repealed.
NEW SECTION. Sec.
2804. A new section is added
to chapter 70.95D RCW to read as follows:
The director may
establish ad hoc advisory committees, as necessary, to obtain advice and
technical assistance on the certification of solid waste incinerator and
landfill operators.
PART
29
WATER AND
WASTEWATER OPERATOR CERTIFICATION
BOARD OF EXAMINERS
Sec. 2901. RCW 70.95B.020 and 1987
c 357 s 1 are each amended to read as follows:
As used in this chapter
unless context requires another meaning:
(1) "Director"
means the director of the department of ecology.
(2)
"Department" means the department of ecology.
(3) (("Board"
means the water and wastewater operator certification board of examiners
established by RCW 70.95B.070.
(4))) "Certificate" means a certificate of
competency issued by the director stating that the operator has met the
requirements for the specified operator classification of the certification
program.
(((5))) (4)
"Wastewater treatment plant" means a facility used to treat any
liquid or waterborne waste of domestic origin or a combination of domestic,
commercial or industrial origin, and which by its design requires the presence
of an operator for its operation. It shall not include any facility used
exclusively by a single family residence, septic tanks with subsoil absorption,
industrial wastewater treatment plants, or wastewater collection systems.
(((6))) (5)
"Operator in responsible charge" means an individual who is
designated by the owner as the person on-site in responsible charge of the
routine operation of a wastewater treatment plant.
(((7))) (6)
"Nationally recognized association of certification authorities"
shall mean that organization which serves as an information center for
certification activities, recommends minimum standards and guidelines for
classification of potable water treatment plants, water distribution systems
and wastewater facilities and certification of operators, facilitates
reciprocity between state programs and assists authorities in establishing new
certification programs and updating existing ones.
(((8))) (7)
"Wastewater collection system" means any system of lines, pipes,
manholes, pumps, liftstations, or other facilities used for the purpose of
collecting and transporting wastewater.
(((9))) (8)
"Operating experience" means routine performance of duties, on-site
in a wastewater treatment plant, that affects plant performance or effluent
quality.
(((10))) (9)
"Owner" means in the case of a town or city, the city or town acting
through its chief executive officer or the lessee if operated pursuant to a
lease or contract; in the case of a county, the chairman of the county
legislative authority or the chairman's designee; in the case of a sewer
district, board of public utilities, association, municipality or other public
body, the president or chairman of the body or the president's or chairman's
designee; in the case of a privately owned wastewater treatment plant, the
legal owner.
(((11))) (10)
"Wastewater certification program coordinator" means an employee of
the department ((who is appointed by the director to serve on the board and))
who administers the wastewater treatment plant operators' certification
program.
Sec. 2902. RCW 70.95B.040 and 1987
c 357 s 3 are each amended to read as follows:
The director((, with
the approval of the board,)) shall adopt and enforce such rules and
regulations as may be necessary for the administration of this chapter. The
rules and regulations shall include, but not be limited to, provisions for the
qualification and certification of operators for different classifications of
wastewater treatment plants.
Sec. 2903. RCW 70.95B.100 and 1973
c 139 s 10 are each amended to read as follows:
The director may, ((with
the recommendation of the board and after a hearing before the same)) after
conducting a hearing, revoke a certificate found to have been obtained by
fraud or deceit, or for gross negligence in the operation of a waste treatment
plant, or for violating the requirements of this chapter or any lawful rule,
order or regulation of the department. No person whose certificate is revoked
under this section shall be eligible to apply for a certificate for one year
from the effective date of this final order or revocation.
Sec. 2904. RCW 70.119.020 and 1991
c 305 s 2 are each amended to read as follows:
As used in this chapter
unless context requires another meaning:
(1) (("Board"
means the board established pursuant to RCW 70.95B.070 which shall be known as
the water and waste water operator certification board of examiners.
(2))) "Certificate" means a certificate of
competency issued by the secretary stating that the operator has met the
requirements for the specified operator classification of the certification
program.
(((3))) (2)
"Certified operator" means an individual holding a valid certificate
and employed or appointed by any county, water district, municipality, public
or private corporation, company, institution, person, or the state of
Washington and who is designated by the employing or appointing officials as
the person responsible for active daily technical operation.
(((4))) (3)
"Department" means the department of health.
(((5))) (4)
"Distribution system" means that portion of a public water system
which stores, transmits, pumps and distributes water to consumers.
(((6))) (5)
"Ground water under the direct influence of surface water" means any
water beneath the surface of the ground with:
(a) Significant
occurrence of insects or other macroorganisms, algae, or large diameter
pathogens such as giardia lamblia; or
(b) Significant and
relatively rapid shifts in water characteristics such as turbidity, temperature,
conductivity, or pH which closely correlate to climatological or surface water
conditions.
(((7))) (6)
"Group A water system" means a system with fifteen or more service
connections, regardless of the number of people; or a system serving an average
of twenty-five or more people per day for sixty or more days within a calendar
year, regardless of the number of service connections. Group A water system
does not include a system serving fewer than fifteen single-family residences,
regardless of the number of people.
(((8))) (7)
"Nationally recognized association of certification authorities"
shall mean an organization which serves as an information center for
certification activities, recommends minimum standards and guidelines for
classification of potable water treatment plants, water distribution systems
and waste water facilities and certification of operators, facilitates
reciprocity between state programs and assists authorities in establishing new
certification programs and updating existing ones.
(((9))) (8)
"Public water system" means any system, excluding a system serving
only one single-family residence and a system with four or fewer connections
all of which serve residences on the same farm, providing piped water for human
consumption, including any collection, treatment, storage, or distribution
facilities under control of the purveyor and used primarily in connection with
the system; and collection or pretreatment storage facilities not under control
of the purveyor but primarily used in connection with the system.
(((10))) (9)
"Purification plant" means that portion of a public water system
which treats or improves the physical, chemical or bacteriological quality of
the system's water to bring the water into compliance with state board of
health standards.
(((11))) (10)
"Secretary" means the secretary of the department of health.
(((12))) (11)
"Service" means a connection to a public water system designed to
serve a single-family residence, dwelling unit, or equivalent use. If the
facility has group home or barracks-type accommodations, three persons will be
considered equivalent to one service.
(((13))) (12)
"Surface water" means all water open to the atmosphere and subject to
surface runoff.
Sec. 2905. RCW 70.119.050 and 1983
c 292 s 4 are each amended to read as follows:
The secretary shall
adopt((, with the approval of the board,)) such rules and regulations as
may be necessary for the administration of this chapter and shall enforce such
rules and regulations. The rules and regulations shall include provisions
establishing minimum qualifications and procedures for the certification of
operators, criteria for determining the kind and nature of continuing
educational requirements for renewal of certification under RCW 70.119.100(2),
and provisions for classifying water purification plants and distribution
systems.
Rules and regulations
adopted under the provisions of this section shall be adopted in accordance
with the provisions of chapter 34.05 RCW.
Sec. 2906. RCW 70.119.110 and 1991
c 305 s 7 are each amended to read as follows:
The secretary may((,
with the recommendation of the board and after hearing before the same,)) after
conducting a hearing revoke a certificate found to have been obtained by
fraud or deceit; or for gross negligence in the operation of a purification
plant or distribution system; or for an intentional violation of the
requirements of this chapter or any lawful rules, order, or regulation of the
department. No person whose certificate is revoked under this section shall be
eligible to apply for a certificate for one year from the effective date of the
final order of revocation.
NEW SECTION. Sec.
2907. The following acts or
parts of acts are each repealed:
(1) RCW 70.95B.070 and 1984 c
287 s 106, 1975-'76 2nd ex.s. c 34 s 161, & 1973 c 139 s 7; and
(2) RCW 70.119.080 and 1983 c
292 s 6 & 1977 ex.s. c 99 s 8.
NEW SECTION. Sec.
2908. A new section is added
to chapter 70.95B RCW to read as follows:
The director, in
cooperation with the secretary of health, may establish ad hoc advisory
committees, as necessary, to obtain advice and technical assistance regarding
the examination and certification of operators of wastewater treatment plants.
NEW SECTION. Sec.
2909. A new section is added
to chapter 70.119 RCW to read as follows:
The secretary, in
cooperation with the director of ecology, may establish ad hoc advisory committees,
as necessary, to obtain advice and technical assistance regarding the
development of rules implementing this chapter and on the examination and
certification of operators of water systems.
PART
30
TWIN
RIVERS CORRECTIONS CENTER
VOLUNTEER ADVISORY COMMITTEE
NEW SECTION. Sec.
3001. By July 1, 1995, the
secretary of the department of corrections shall abolish the twin rivers
corrections center volunteer advisory committee.
PART
31
SEA URCHIN AND SEA CUCUMBER ADVISORY
REVIEW BOARDS
Sec. 3101. RCW 75.30.050 and 1994
sp.s. c 9 s 807 and 1994 c 260 s 18 are each reenacted and amended to read as
follows:
(1) The director shall
appoint three-member advisory review boards to hear cases as provided in RCW
75.30.060. Members shall be from:
(a) The commercial crab
fishing industry in cases involving Dungeness crabCPuget Sound fishery
licenses;
(b) The commercial
herring fishery in cases involving herring fishery licenses;
(c) The commercial sea
urchin and sea cucumber fishery in cases involving sea urchin and sea
cucumber dive fishery licenses;
(d) ((The commercial
sea cucumber fishery in cases involving sea cucumber dive fishery licenses;
(e))) The commercial ocean pink shrimp industry
(Pandalus jordani) in cases involving ocean pink shrimp delivery licenses; and
(((f))) (e)
The commercial coastal crab fishery in cases involving Dungeness crabCcoastal fishery licenses
and Dungeness crabCcoastal class B fishery licenses. The members shall include one person
from the commercial crab processors, one Dungeness crabCcoastal fishery license
holder, and one citizen representative of a coastal community.
(2) Members shall serve
at the discretion of the director and shall be reimbursed for travel expenses
as provided in RCW 43.03.050, 43.03.060, and 43.03.065.
PART
32
ADVISORY
BOARD FOR THE PURCHASE OF
FISHING VESSELS AND LICENSES
Sec. 3201. RCW 75.44.140 and 1983
1st ex.s. c 46 s 159 are each amended to read as follows:
The director shall
adopt rules for the administration of the program. To assist the department in
the administration of the program, the director may contract with persons not
employed by the state and may enlist the aid of other state agencies.
((The director shall
appoint an advisory board composed of five individuals who are knowledgeable of
the commercial fishing industry to advise the director concerning the values of
licenses and permits. Advisory board members shall be reimbursed for travel
expenses under RCW 43.03.050 and 43.03.060.))
PART
33
RAIL DEVELOPMENT COMMISSION
NEW SECTION. Sec.
3301. The following acts or
parts of acts are each repealed:
(1) RCW 81.62.010 and 1987 c
429 s 1;
(2) RCW 81.62.020 and 1987 c
429 s 2;
(3) RCW 81.62.030 and 1987 c
429 s 3;
(4) RCW 81.62.040 and 1987 c
429 s 4;
(5) RCW 81.62.050 and 1987 c
429 s 5;
(6) RCW 81.62.060 and 1987 c
429 s 6;
(7) RCW 81.62.900 and 1987 c
429 s 7; and
(8) RCW 81.62.901 and 1987 c
429 s 8.
PART
34
MARINE OVERSIGHT BOARD
NEW SECTION. Sec.
3401. RCW 90.56.450 and 1992 c
73 s 40 & 1991 c 200 s 501 are each repealed.
PART
35
INTERAGENCY
COORDINATING COMMITTEE FOR PUGET SOUND
AMBIENT MONITORING PROGRAM
Sec. 3501. RCW 90.70.065 and 1994 c
264 s 98 are each amended to read as follows:
(1) In addition to
other powers and duties specified in this chapter, the authority shall ensure
implementation and coordination of the Puget Sound ambient monitoring
program established in the plan under RCW 90.70.060(12). The program shall:
(a) Develop a baseline
and examine differences among areas of Puget Sound, for environmental
conditions, natural resources, and contaminants in seafood, against which
future changes can be measured;
(b) Take measurements
relating to specific program elements identified in the plan;
(c) Measure the
progress of the ambient monitoring programs implemented under the plan;
(d) Provide a permanent
record of significant natural and human-caused changes in key environmental
indicators in Puget Sound; and
(e) Help support
research on Puget Sound.
(2) ((To ensure
proper coordination of the ambient monitoring program, the authority may
establish an interagency coordinating committee consisting of representatives
from the departments of ecology, fish and wildlife, natural resources, and
health, and such federal, local, tribal, and other organizations as are
necessary to implement the program.
(3))) Each state agency with responsibilities for
implementing the Puget Sound ambient monitoring program, as specified in the
plan, shall participate in the program.
PART
36
MISCELLANEOUS
NEW SECTION. Sec.
3601. Part headings as used in
this act do not constitute any part of the law.
NEW SECTION. Sec.
3602. 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.
3603. Section 301 of this act
shall take effect June 30, 1997.
NEW
SECTION. Sec. 3604. Sections 101, 201, 302,
303, 401, 402, 501 through 505, 601, 701, 801, 901, 1001, 1101, 1201 through
1203, 1301, 1302, 1401 through 1407, 1501, 1601, 1701, 1801, 1901, 1902, 2001,
2101, 2102, 2201 through 2204, 2301, 2302, 2401, 2501, 2601 through 2608, 2701,
2801 through 2804, 2901 through 2909, 3001, 3101, 3201, 3301, 3401, and 3501 of
this act are 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.
