AN ACT Relating to
providing the text of laws and rules as a part of state agency technical
assistance programs; amending RCW 43.05.030, 43.05.060, 43.05.090, 43.05.100,
and 34.05.230; adding a new section to chapter 35.21 RCW; adding a new section
to chapter 35A.21 RCW; adding a new section to chapter 36.70 RCW; adding a new
section to chapter 36.70B RCW; adding a new section to chapter 43.110 RCW;
adding a new section to chapter 43.330 RCW; creating a new section; and
providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec.
1. The legislature finds
that many individuals and small businesses who are required to comply with laws
and agency rules often do not have access to the Revised Code of Washington,
the Washington Administrative Code, the United States Code, or the Code of Federal
Regulations. In this case, those informed of violations do not know whether,
or to what extent, the cited law or agency rule actually applies to their
situation. In order to facilitate greater understanding of the law and agency
rules, the legislature finds that those who make the effort to obtain technical
assistance from a regulatory agency, and those who are issued a notice of
correction, should be given the text of the specific section or subsection of
the law or agency rule they are alleged to have violated.
Sec. 2. RCW 43.05.030 and 1995 c
403 s 604 are each amended to read as follows:
(1) For the purposes of
this chapter, a technical assistance visit is a visit by a regulatory agency to
a facility, business, or other location that:
(a) Has been requested
or is voluntarily accepted; and
(b) Is declared by the
regulatory agency at the beginning of the visit to be a technical assistance
visit.
(2) A technical
assistance visit also includes a consultative visit pursuant to RCW 49.17.250.
(3) During a technical
assistance visit, or within a reasonable time thereafter, a regulatory agency
shall inform the owner or operator of the facility of any violations of law or
agency rules identified by the agency as follows:
(a) A description of
the condition that is not in compliance and ((a specific citation to)) the
text of the specific section or subsection of the applicable state or
federal law or rule;
(b) A statement of what
is required to achieve compliance;
(c) The date by which
the agency requires compliance to be achieved;
(d) Notice of the means
to contact any technical assistance services provided by the agency or others;
and
(e) Notice of when,
where, and to whom a request to extend the time to achieve compliance for good
cause may be filed with the agency.
Sec. 3. RCW 43.05.060 and 1995 c
403 s 607 are each amended to read as follows:
(1) If in the course of
any site inspection or visit that is not a technical assistance visit, the
department of ecology becomes aware of conditions that are not in compliance
with applicable laws and rules enforced by the department and are not subject
to civil penalties as provided for in RCW 43.05.070, the department may issue a
notice of correction to the responsible party that shall include:
(a) A description of
the condition that is not in compliance and ((a specific citation to)) the
text of the specific section or subsection of the applicable state or
federal law or rule;
(b) A statement of what
is required to achieve compliance;
(c) The date by which
the department requires compliance to be achieved;
(d) Notice of the means
to contact any technical assistance services provided by the department or
others; and
(e) Notice of when, where,
and to whom a request to extend the time to achieve compliance for good cause
may be filed with the department.
(2) A notice of
correction is not a formal enforcement action, is not subject to appeal, and is
a public record.
(3) If the department
issues a notice of correction, it shall not issue a civil penalty for the
violations identified in the notice of correction unless the responsible party
fails to comply with the notice.
Sec. 4. RCW 43.05.090 and 1995 c
403 s 610 are each amended to read as follows:
(1) Following a
consultative visit pursuant to RCW 49.17.250, the department of labor and
industries shall issue a report to the employer that the employer shall make
available to its employees. The report shall contain:
(a) A description of
the condition that is not in compliance and ((a specific citation to)) the
text of the specific section or subsection of the applicable state or
federal law or rule;
(b) A statement of what
is required to achieve compliance;
(c) The date by which
the department requires compliance to be achieved;
(d) Notice of means to
contact technical assistance services provided by the department; and
(e) Notice of when,
where, and to whom a request to extend the time to achieve compliance for good
cause may be filed with the department.
(2) Following a
compliance inspection pursuant to RCW 49.17.120, the department of labor and
industries shall issue a citation for violations of industrial safety and
health standards. The citation shall not assess a penalty if the violations:
(a) Are determined not
to be of a serious nature;
(b) Have not been
previously cited;
(c) Are not willful;
and
(d) Do not have a
mandatory penalty under chapter 49.17 RCW.
Sec. 5. RCW 43.05.100 and 1995 c
403 s 611 are each amended to read as follows:
(1) If in the course of
any inspection or visit that is not a technical assistance visit, the
department of agriculture, fish and wildlife, health, licensing, or natural
resources becomes aware of conditions that are not in compliance with
applicable laws and rules enforced by the department and are not subject to
civil penalties as provided for in RCW 43.05.110, the department may issue a
notice of correction to the responsible party that shall include:
(a) A description of
the condition that is not in compliance and ((a specific citation to)) the
text of the specific section or subsection of the applicable state or
federal law or rule;
(b) A statement of what
is required to achieve compliance;
(c) The date by which
the department requires compliance to be achieved;
(d) Notice of the means
to contact any technical assistance services provided by the department or
others; and
(e) Notice of when,
where, and to whom a request to extend the time to achieve compliance for good
cause may be filed with the department.
(2) A notice of
correction is not a formal enforcement action, is not subject to appeal, and is
a public record.
(3) If the department
issues a notice of correction, it shall not issue a civil penalty for the
violations identified in the notice of correction unless the responsible party
fails to comply with the notice.
NEW SECTION. Sec.
6. A new section is added
to chapter 35.21 RCW to read as follows:
(1) A property owner
may make a written request for a statement of restrictions applicable to a
single parcel, tract, lot, or block of real property to the city or town in
which the real property is located.
(2) Within thirty days
of the receipt of the request, the city or town shall provide the owner with a
statement of restrictions as described in subsection (3) of this section.
(3) The statement of
restrictions shall include the following:
(a) The zoning
currently applicable to the real property;
(b) Pending zoning
changes currently advertised for public hearing that would be applicable to the
real property; and
(c) Any designations
made by the city or town pursuant to chapter 36.70A RCW of any portion of the
real property as agricultural land, forest land, mineral resource land,
wetland, an area with a critical recharging effect on aquifers used for potable
water, a fish and wildlife habitat conservation area, a frequently flooded area,
and as a geological hazardous area.
(4) If a city or town
fails to provide the statement of restrictions within thirty days after receipt
of the written request, the owner shall be awarded recovery of all attorneys'
fees and costs incurred in any successful application for a writ of mandamus to
compel production of a statement.
(5) For purposes of
this section:
(a) "Owner"
means any vested owner or any person holding the buyer's interest under a
recorded real estate contract in which the seller is the vested owner; and
(b) "Real
property" means a parcel, tract, lot or block: (i) Containing a
single-family residence that is occupied by the owner or a member of his or her
family, or rented to another by the owner; or (ii) five acres or less in size.
(6) This section does
not affect the vesting of permits or development rights.
Nothing in this section
shall be deemed to create any liability on the part of a city or town to pay
damages for a violation of this section.
NEW SECTION. Sec.
7. A new section is added
to chapter 35A.21 RCW to read as follows:
(1) A property owner
may make a written request for a statement of restrictions applicable to a
single parcel, tract, lot, or block of real property to the code city in which
the real property is located.
(2) Within thirty days
of the receipt of the request, the code city shall provide the owner, by
registered mail, with a statement of restrictions as described in subsection
(3) of this section.
(3) The statement of
restrictions shall include the following:
(a) The zoning
currently applicable to the real property;
(b) Pending zoning
changes currently advertised for public hearing that would be applicable to the
real property;
(c) Any designations
made by the code city pursuant to chapter 36.70A RCW of any portion of the real
property as agricultural land, forest land, mineral resource land, wetland, an
area with a critical recharging effect on aquifers used for potable water, a
fish and wildlife habitat conservation area, a frequently flooded area, and as
a geological hazardous area; and
(d) If information
regarding the designations listed in (c) of this subsection are not readily
available, inform the owner of the procedure by which the owner can obtain that
site-specific information from the code city.
(4) If a code city
fails to provide the statement of restrictions within thirty days after receipt
of the written request, the owner shall be awarded recovery of all attorneys'
fees and costs incurred in any successful application for a writ of mandamus to
compel production of a statement.
(5) For purposes of
this section:
(a) "Owner"
means any vested owner or any person holding the buyer's interest under a
recorded real estate contract in which the seller is the vested owner; and
(b) "Real
property" means a parcel, tract, lot or block: (i) Containing a
single-family residence that is occupied by the owner or a member of his or her
family, or rented to another by the owner; or (ii) five acres or less in size.
(6) This section does
not affect the vesting of permits or development rights.
Nothing in this section
shall be deemed to create any liability on the part of a code city.
NEW SECTION. Sec.
8. A new section is added
to chapter 36.70 RCW to read as follows:
(1) A property owner
may make a written request for a statement of restrictions applicable to a
single parcel, tract, lot, or block of real property located in an
unincorporated portion of a county to the county in which the real property is
located.
(2) Within thirty days
of the receipt of the request, the county shall provide the owner, by
registered mail, with a statement of restrictions as described in subsection
(3) of this section.
(3) The statement of
restrictions shall include the following:
(a) The zoning
currently applicable to the real property;
(b) Pending zoning
changes currently advertised for public hearing that would be applicable to the
real property;
(c) Any designations
made by the county pursuant to chapter 36.70A RCW of any portion of the real
property as agricultural land, forest land, mineral resource land, wetland, an
area with a critical recharging effect on aquifers used for potable water, a
fish and wildlife habitat conservation area, a frequently flooded area, and as
a geological hazardous area; and
(d) If information
regarding the designations listed in (c) of this subsection are not readily
available, inform the owner of the procedure by which the owner can obtain that
site-specific information from the county.
(4) If a county fails
to provide the statement of restrictions within thirty days after receipt of
the written request, the owner shall be awarded recovery of all attorneys' fees
and costs incurred in any successful application for a writ of mandamus to
compel production of a statement.
(5) For purposes of
this section:
(a) "Owner"
means any vested owner or any person holding the buyer's interest under a
recorded real estate contract in which the seller is the vested owner; and
(b) "Real
property" means a parcel, tract, lot or block: (i) Containing a
single-family residence that is occupied by the owner or a member of his or her
family, or rented to another by the owner; or (ii) five acres or less in size.
(6) This section does
not affect the vesting of permits or development rights.
Nothing in this section
shall be deemed to create any liability on the part of a county.
NEW SECTION. Sec.
9. A new section is added
to chapter 36.70B RCW to read as follows:
(1) Each county and
city having populations of ten thousand or more that plan under RCW 36.70A.040
shall designate permit assistance staff whose function it is to assist permit
applicants. An existing employee may be designated as the permit assistance
staff.
(2) Permit assistance
staff designated under this section shall:
(a) Make available to
permit applicants all current local government regulations and adopted policies
that apply to the subject application. The local government shall provide
counter copies thereof and, upon request, provide copies according to chapter
42.17 RCW. The staff shall also publish and keep current one or more handouts
containing lists and explanations of all local government regulations and
adopted policies;
(b) Establish and make
known to the public the means of obtaining the handouts and related
information; and
(c) Provide assistance
regarding the application of the local government's regulations in particular
cases.
(3) Permit assistance
staff designated under this section may obtain technical assistance and support
in the compilation and production of the handouts under subsection (2) of this
section from the municipal research council and the department of community,
trade, and economic development.
NEW SECTION. Sec.
10. A new section is added
to chapter 43.110 RCW to read as follows:
The municipal research
council shall provide technical assistance in the compilation of and support in
the production of the handouts to be published and kept current by counties and
cities under section 9 of this act.
NEW SECTION. Sec.
11. A new section is added
to chapter 43.330 RCW to read as follows:
The department shall
provide technical assistance in the compilation of and support in the
production of the handouts to be published and kept current by counties and
cities under section 9 of this act.
Sec. 12. RCW 34.05.230 and 1995 c
403 s 702 are each amended to read as follows:
(1) If the adoption of
rules is not feasible and practicable, an agency is encouraged to advise the
public of its current opinions, approaches, and likely courses of action by
means of interpretive or policy statements. Current interpretive and policy
statements are advisory only. To better inform and involve the public, an
agency is encouraged to convert long-standing interpretive and policy
statements into rules.
(2) A person may
petition an agency requesting the conversion of interpretive and policy
statements into rules. Upon submission, the agency shall notify the joint
administrative rules review committee of the petition. Within sixty days after
submission of a petition, the agency shall either deny the petition in writing,
stating its reasons for the denial, or initiate rule-making proceedings in
accordance with this chapter.
(3) Each agency shall
maintain a roster of interested persons, consisting of persons who have
requested in writing to be notified of all interpretive and policy statements
issued by that agency. Each agency shall update the roster once each year and
eliminate persons who do not indicate a desire to continue on the roster.
Whenever an agency issues an interpretive or policy statement, it shall send a
copy of the statement to each person listed on the roster. The agency may
charge a nominal fee to the interested person for this service.
(4) Whenever an
agency issues an interpretive or policy statement, it shall submit to the code
reviser for publication in the Washington State Register a statement describing
the subject matter of the interpretive or policy statement, and listing the
person at the agency from whom a copy of the interpretive or policy statement
may be obtained.
NEW
SECTION. Sec. 13. Sections 6 through 8 of
this act take effect January 1, 1997.
