S-3566.1 _______________________________________________
SENATE BILL 6409
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State of Washington 56th Legislature 2000 Regular Session
By Senators Swecker, Hargrove, Johnson, Zarelli, Deccio, Morton, Honeyford, McCaslin, Horn, Hochstatter and Oke
Read first time 01/14/2000. Referred to Committee on Environmental Quality & Water Resources.
AN ACT Relating to requiring the posting of a bond in order for third parties to appeal decisions by boards administered by the environmental hearings office; and adding a new section to chapter 34.05 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 34.05 RCW to read as follows:
(1) If a person, who is neither a permit applicant nor the issuing agency, appeals a decision by a board identified in RCW 43.21B.005 to a court, the permit applicant may request the court to require the person to post a bond. In making the request to the court, the permit applicant must show the combined cost of appeal and the costs of delay of the permit exceed ten thousand dollars. The court may require the person to post a bond that will be sufficient to cover: (a) The costs incurred by the permit applicant in preparing for the appeal to a board identified in RCW 43.21B.005; (b) the costs of delay that are attributable to the appeal; and (c) an estimate of the costs likely to be incurred by the permit applicant in the appeal to the court. The court may hold a bond hearing and determine the amount of the bond. If the appeal is made directly to the court of appeals, as provided in RCW 34.05.518, a commissioner for the court of appeals may conduct the bond hearing and determine the amount of the bond.
(2) Consistent with the court's decision on the appeal, the court shall direct the dispersal of funds from the bond to the person bringing the appeal and the permit applicant.
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