1866-S2.E AMS KLIN WILB 011

E2SHB 1866 - S AMD TO S AMD (S-3041.1/97) - 385

    By Senator Kline

                                               NOT ADOPTED 4/18/97

    On page 9, beginning on line 36, delete all material  through "this act." on page 11, line 8, and insert the following:

    "NEW SECTION. Sec. 10.  (1) A by the directors of state, regional, or local agencies to approve, modify, or terminate a proposed environmental excellence program agreement or determine that a particular facility is eligible to operate under an approved programmatic environmental excellence agreement is subject to review by the pollution control hearings board pursuant to chapter 43.21B RCW.  In any such review the burden of proof to show that all elements of this act have been satisfied shall be on the sponsor.

    (2) A decision by the directors of state, regional, or local agencies not to enter into an environmental excellence program agreement is within the sole discretion of such directors and is not subject to review."

    Renumber the sections consecutively and correct any internal references accordingly.

                            --- END ---

EFFECT: Deletes provisions of the bill regarding judicial review and requires that all decisions to approve, modify or terminate an agreement are to be heard before the pollution control hearings board.