5208-S AMH AGEC H3097

5208-S AMH AGEC H3097.1

SSB 5208 - H COMM AMD

By Committee on Agriculture & Ecology

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. The legislature finds that there is a need to establish a clear process for handling complaints regarding air and water quality from uses of agricultural and forest lands. The legislature also finds that this process should reduce the number of frivolous complaints against property owners and protect people who make complaints in good faith about possible violations of air or water pollution laws.

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

(1) In exercising its authority under RCW 70.94.200, in investigating conditions on agricultural or forest land, a control officer, the department, or its duly authorized representative must comply with this section.

(2) The control officer, department, or its duly authorized representative must provide at least twenty-four hours' notice to a person alleged to have engaged in polluting activities on agricultural or forest land, before entering the property to investigate violations of this chapter or the federal clean air act. This notice must also be provided to the property owner if it is someone other than the person alleged to have engaged in the polluting activities. The twenty-four-hour notice requirement of this section does not apply in the event of an emergency or to enforce the terms of a permit.

(3) A control officer, department, or its duly authorized representative must present credentials to the property owner upon entering the property, and must provide a form to the property owner which clearly and conspicuously informs the property owner of his or her right to refuse entry for the investigation. The property owner may not deny entry in the event of an emergency or if the investigation is included within the terms of a permit. If the property owner denies entry, and it is not an emergency or an investigation related to a permit, the department, control officer, or its representative must obtain a search warrant to enter the property. No property owner who is authorized to deny entry pursuant to this subsection may be subjected to criminal or civil penalties for the denial of entry. If the department, a control officer, or its representative enters the property on the basis that an emergency exists, the property owner must be provided the basis for the emergency in writing within ten days of the entry. The notice must be signed by the person entering the property.

(4) No formal commencement action may be taken by the department or an authority for a violation of this chapter on property subject to this section without cogent, site-specific evidence.

NEW SECTION. Sec. 3. A new section is added to chapter 70.94 RCW to read as follows:

(1) When the department or an authority receives a complaint that pollution has occurred on agricultural or forest land, the department or authority must document the name and address of the person who made the complaint, the time the alleged pollution occurred, and other information related to the complaint. In the event the evidence was collected by an employee of the department or a control officer, the name of the employee or control officer must be documented. Information revealing the identity of the person who made the complaint is exempt from public inspection and copying. The department and authorities shall adopt rules which restrict access within the department to the identity of people who make such complaints.

(2) If the department or an authority determines that an individual has made a series of complaints which have proven to be baseless, the department or authority shall notify the person by certified mail, return receipt requested, that a future complaint which is found to be baseless constitutes grounds for an infraction for filing frivolous complaints. The notice shall describe the penalty for the infraction.

(3) If a person who has been notified by the department or authority about making frivolous complaints makes another baseless complaint, the department or authority shall issue a notice of infraction for filing frivolous complaints. A civil fine up to five thousand dollars may be imposed for the infraction. An appeal of an infraction shall be treated as an adjudicative proceeding under the administrative procedure act, chapter 34.05 RCW.

NEW SECTION. Sec. 4. A new section is added to chapter 90.48 RCW to read as follows:

(1) In exercising its authority under RCW 90.48.120, in investigating conditions on agricultural or forest land, the department or its duly authorized representative must comply with this section.

(2) The department or its duly authorized representative must provide at least twenty-four hours' notice to a person alleged to have engaged in polluting activities on agricultural or forest land, before entering the property to investigate violations of this chapter. This notice must also be provided to the property owner if it is someone other than the person alleged to have engaged in the polluting activities. The twenty-four-hour notice requirement of this section does not apply in the event of an emergency or to enforce the terms of a permit.

(3) The department or its duly authorized representative must present credentials to the property owner upon entering the property, and must provide a form to the property owner which clearly and conspicuously informs the property owner of his or her right to refuse entry for the investigation. The property owner may not deny entry in the event of an emergency or if the investigation is included within the terms of a permit. If the property owner denies entry, and it is not an emergency or an investigation related to a permit, the department or its representative must obtain a search warrant to enter the property. No property owner who is authorized to deny entry pursuant to this subsection may be subjected to criminal or civil penalties for the denial of entry. If the department or its representative enters the property on the basis that an emergency exists, the property owner must be provided the basis for the emergency in writing within ten days of the entry. The notice must be signed by the person entering the property.

(4) No formal commencement action may be taken by the department or its representative for a violation of this chapter on property subject to this section without cogent, site-specific evidence.

NEW SECTION. Sec. 5. A new section is added to chapter 90.48 RCW to read as follows:

(1) When the department receives a complaint that pollution has occurred on agricultural or forest land, the department must document the name and address of the person who made the complaint, the time the alleged pollution occurred, and other information related to the complaint. In the event the evidence was collected by an employee of the department, the name of the employee must be documented. Information revealing the identity of the person who made the complaint is exempt from public inspection and copying. The department shall adopt rules which restrict access within the department to the identity of people who make such complaints.

(2) If the department determines that an individual has made a series of complaints which have proven to be baseless, the department shall notify the person by certified mail, return receipt requested, that a future complaint which is found to be baseless constitutes grounds for an infraction for filing frivolous complaints. The notice shall describe the penalty for the infraction.

(3) If a person who has been notified by the department about making frivolous complaints makes another baseless complaint, the department shall issue a notice of infraction for filing frivolous complaints. A civil fine up to five thousand dollars may be imposed for the infraction. An appeal of an infraction shall be treated as an adjudicative proceeding under the administrative procedure act, chapter 34.05 RCW."

Correct the title.