Z-0365.2  _______________________________________________

                          HOUSE BILL 1355

          _______________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Representatives Miloscia, Lambert, Ruderman, Van Luven and D. Schmidt; by request of Governor Locke

Read first time 01/24/2001.  Referred to Committee on State Government.

Eliminating boards and commissions.

    AN ACT Relating to the elimination of boards and commissions; amending RCW 41.60.150, 70.95.030, and 70.105D.030; reenacting and amending RCW 43.20A.360; adding a new section to chapter 18.48 RCW; adding a new section to chapter 43.41 RCW; adding a new section to chapter 70.95 RCW; adding a new section to chapter 70.105D RCW; creating new sections; repealing RCW 18.48.060, 41.60.010, 41.60.015, 41.60.020, 41.60.030, 41.60.041, 41.60.050, 41.60.080, 41.60.100, 41.60.110, 41.60.120, 41.60.160, 41.60.910, 41.60.911, 43.20A.370, 43.20A.375, 43.20A.380, 50.67.010, 50.67.020, 50.67.030, 70.95.040, 70.95.050, 77.70.030, and 77.70.270; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

                              PART 1

               ADULT FAMILY HOME ADVISORY COMMITTEE

NEW SECTION. Sec. 101.  RCW 18.48.060 (Advisory committee--Composition--Vacancies--Meetings--Travel expenses--Civil immunity) and 2000 c 171 s 18 & 1998 c 272 s 8 are each repealed.

NEW SECTION. Sec. 102.  A new section is added to chapter 18.48 RCW to read as follows:

    In consultation with stakeholders interested in maintaining a healthy option for the aging population in a community setting, the secretary of the department of health shall establish appropriate public involvement and outreach mechanisms designed to ensure effective communication on regulation, enforcement, staffing, training requirements, and other matters pertaining to adult family homes.

                              PART 2

                        PRODUCTIVITY BOARD

    Sec. 201.  RCW 41.60.150 and 2000 c 139 s 2 are each amended to read as follows:

    ((Other than)) In addition to suggestion awards and incentive pay unit awards provided in section 203 of this act, agencies shall have the authority to recognize employees, either individually or as a class, for accomplishments including outstanding achievements, safety performance, longevity, outstanding public service, or service as employee suggestion evaluators and implementors.  Recognition awards may not exceed two hundred dollars in value per award.  Such awards may include, but not be limited to, cash or such items as pen and desk sets, plaques, pins, framed certificates, clocks, and calculators.  Award costs shall be paid by the agency giving the award.

NEW SECTION. Sec. 202.  The following acts or parts of acts are each repealed:

(1) RCW 41.60.010 (Definitions) and 1999 c 50 s 1, 1993 c 467 s 1, 1987 c 387 s 1, 1983 c 54 s 1, 1982 c 167 s 6, 1977 ex.s. c 169 s 103, 1969 ex.s. c 152 s 3, & 1965 ex.s. c 142 s 1;

(2) RCW 41.60.015 (Productivity board created--Also known as employee involvement and recognition board--Members--Terms--Compensation) and 2000 c 139 s 1, 1999 c 50 s 2, 1993 c 467 s 2, 1987 c 387 s 2, 1985 c 114 s 1, 1984 c 287 s 72, 1983 c 54 s 2, & 1982 c 167 s 1;

(3) RCW 41.60.020 (Employee suggestion program--Rules for administration of chapter) and 1999 c 50 s 3, 1995 c 181 s 1, 1993 c 467 s 3, 1982 c 167 s 7, 1975-'76 2nd ex.s. c 122 s 1, 1969 ex.s. c 152 s 4, & 1965 ex.s. c 142 s 2;

(4) RCW 41.60.030 (Employee suggestion program--Determination of award) and 1999 c 50 s 4, 1982 c 167 s 8, & 1965 ex.s. c 142 s 3;

(5) RCW 41.60.041 (Employee suggestion program--Amount and payment of award--Transfer of funds to general fund) and 1999 c 50 s 5, 1989 c 56 s 1, 1987 c 387 s 3, 1985 c 114 s 2, & 1982 c 167 s 9;

(6) RCW 41.60.050 (Appropriations for administrative costs) and 1991 sp.s. c 16 s 918, 1987 c 387 s 4, 1985 c 114 s 3, 1983 c 54 s 3, 1982 c 167 s 11, 1975-'76 2nd ex.s. c 122 s 3, 1969 ex.s. c 152 s 6, & 1965 ex.s. c 142 s 5;

(7) RCW 41.60.080 (Employee suggestion program--Contests to encourage participation) and 1999 c 50 s 6, 1982 c 167 s 12, & 1975-'76 2nd ex.s. c 122 s 5;

(8) RCW 41.60.100 (Employee teamwork incentive program--Applications) and 1999 c 50 s 7, 1993 c 467 s 4, 1989 c 56 s 2, 1987 c 387 s 5, 1985 c 114 s 4, & 1982 c 167 s 2;

(9) RCW 41.60.110 (Employee teamwork incentive program--Evaluation of savings) and 1999 c 50 s 8, 1993 c 467 s 5, 1989 c 56 s 3, 1987 c 387 s 6, 1985 c 114 s 5, & 1982 c 167 s 3;

(10) RCW 41.60.120 (Employee teamwork incentive program--Awards) and 1999 c 50 s 9, 1993 c 467 s 6, 1989 c 56 s 4, 1987 c 387 s 7, 1985 c 114 s 6, & 1982 c 167 s 4;

(11) RCW 41.60.160 (Persons ineligible for awards) and 1993 c 467 s 7 & 1987 c 387 s 8;

(12) RCW 41.60.910 (Severability--1975-'76 2nd ex.s. c 122) and 1975-'76 2nd ex.s. c 122 s 9; and

(13) RCW 41.60.911 (Effective dates--1987 c 387) and 1987 c 387 s 11.

NEW SECTION. Sec. 203.  A new section is added to chapter 43.41 RCW to read as follows:

    The office of financial management, in consultation with the department of personnel and employee organizations, shall establish program guidelines, objectives, and appropriate accounting controls for a statewide employee suggestion program to be administered by individual agencies.  The program shall include both an individual employee suggestion program and a team incentive program, and provide monetary incentives.  The program shall be designed to promote productivity suggestions that are linked to an agency's quality improvement program and its performance goals and objectives.

                              PART 3

             DEPARTMENT OF SOCIAL AND HEALTH SERVICES

                   REGIONAL ADVISORY COMMITTEES

    Sec. 301.  RCW 43.20A.360 and 1989 1st ex.s. c 9 s 214 and 1989 c 11 s 14 are each reenacted and amended to read as follows:

    (1) The secretary is hereby authorized to appoint such advisory committees or councils as may be required by any federal legislation as a condition to the receipt of federal funds by the department.  The secretary may appoint statewide committees or councils in the following subject areas:  (a) Health facilities; (b) children and youth services; (c) blind services; (d) medical and health care; (e) drug abuse and alcoholism; (f) social services; (g) economic services; (h) vocational services; (i) rehabilitative services; and on such other subject matters as are or come within the department's responsibilities.  ((The secretary shall appoint committees or councils advisory to the department in each service delivery region to be designated by the secretary.))  The statewide ((and the regional)) councils shall have representation from both major political parties and shall have substantial consumer representation.  Such committees or councils shall be constituted as required by federal law or as the secretary in his or her discretion may determine.  The members of the committees or councils shall hold office for three years except in the case of a vacancy, in which event appointment shall be only for the remainder of the unexpired term for which the vacancy occurs.  No member shall serve more than two consecutive terms.

    (2) Members of such state advisory committees or councils may be paid their travel expenses in accordance with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended.  ((Members of regional advisory committees may, in the discretion of the secretary, be paid the same travel expenses as set forth above.))

(3) The secretary, in consultation with affected constituent groups, shall establish appropriate public involvement and outreach mechanisms designed to ensure effective communication relating to the programs, policies, and operations of the department, from both a regional and statewide perspective.

                              PART 4

             DEPARTMENT OF SOCIAL AND HEALTH SERVICES

                     STATE ADVISORY COMMITTEE

NEW SECTION. Sec. 401.  The following acts or parts of acts are each repealed:

(1) RCW 43.20A.370 (State advisory committee to department--Created--Membership--Terms--Vacancies) and 1988 c 49 s 1, 1984 c 259 s 2, & 1971 ex.s. c 189 s 13;

(2) RCW 43.20A.375 (State advisory committee to department--Powers and duties) and 1999 c 372 s 6, 1988 c 49 s 2, 1984 c 259 s 3, & 1971 ex.s. c 189 s 14; and

(3) RCW 43.20A.380 (State advisory committee to department--Travel expenses) and 1975-'76 2nd ex.s. c 34 s 99 & 1971 ex.s. c 189 s 15.

                              PART 5

        WASHINGTON STATE JOB TRAINING COORDINATING COUNCIL

NEW SECTION. Sec. 501.  The following acts or parts of acts are each repealed:

(1) RCW 50.67.010 (Council created) and 1991 c 238 s 14;

(2) RCW 50.67.020 (Membership of council--Assistance to work force training and education coordinating board) and 1991 c 238 s 15; and

(3) RCW 50.67.030 (Washington youthbuild program--Council to advise) and 1994 sp.s. c 3 s 8.

                              PART 6

                  SOLID WASTE ADVISORY COMMITTEE

    Sec. 601.  RCW 70.95.030 and 1998 c 36 s 17 are each amended to read as follows:

    As used in this chapter, unless the context indicates otherwise:

    (1) "City" means every incorporated city and town.

    (2) "Commission" means the utilities and transportation commission.

    (3) (("Committee" means the state solid waste advisory committee.

    (4))) "Composted material" means organic solid waste that has been subjected to controlled aerobic degradation at a solid waste facility in compliance with the requirements of this chapter.  Natural decay of organic solid waste under uncontrolled conditions does not result in composted material.

    (((5))) (4) "Department" means the department of ecology.

    (((6))) (5) "Director" means the director of the department of ecology.

    (((7))) (6) "Disposal site" means the location where any final treatment, utilization, processing, or deposit of solid waste occurs.

    (((8))) (7) "Energy recovery" means a process operating under federal and state environmental laws and regulations for converting solid waste into usable energy and for reducing the volume of solid waste.

    (((9))) (8) "Functional standards" means criteria for solid waste handling expressed in terms of expected performance or solid waste handling functions.

    (((10))) (9) "Incineration" means a process of reducing the volume of solid waste operating under federal and state environmental laws and regulations by use of an enclosed device using controlled flame combustion.

    (((11))) (10) "Jurisdictional health department" means city, county, city-county, or district public health department.

    (((12))) (11) "Landfill" means a disposal facility or part of a facility at which solid waste is placed in or on land and which is not a land treatment facility.

    (((13))) (12) "Local government" means a city, town, or county.

    (((14))) (13) "Modify" means to substantially change the design or operational plans including, but not limited to, removal of a design element previously set forth in a permit application or the addition of a disposal or processing activity that is not approved in the permit.

    (((15))) (14) "Multiple family residence" means any structure housing two or more dwelling units.

    (((16))) (15) "Person" means individual, firm, association, copartnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever.

    (((17))) (16) "Recyclable materials" means those solid wastes that are separated for recycling or reuse, such as papers, metals, and glass, that are identified as recyclable material pursuant to a local comprehensive solid waste plan.  Prior to the adoption of the local comprehensive solid waste plan, adopted pursuant to RCW 70.95.110(2), local governments may identify recyclable materials by ordinance from July 23, 1989.

    (((18))) (17) "Recycling" means transforming or remanufacturing waste materials into usable or marketable materials for use other than landfill disposal or incineration.

    (((19))) (18) "Residence" means the regular dwelling place of an individual or individuals.

    (((20))) (19) "Sewage sludge" means a semisolid substance consisting of settled sewage solids combined with varying amounts of water and dissolved materials, generated from a wastewater treatment system, that does not meet the requirements of chapter 70.95J RCW.

    (((21))) (20) "Soil amendment" means any substance that is intended to improve the physical characteristics of the soil, except composted material, commercial fertilizers, agricultural liming agents, unmanipulated animal manures, unmanipulated vegetable manures, food wastes, food processing wastes, and materials exempted by rule of the department, such as biosolids as defined in chapter 70.95J RCW and wastewater as regulated in chapter 90.48 RCW.

    (((22))) (21) "Solid waste" or "wastes" means all putrescible and nonputrescible solid and semisolid wastes including, but not limited to, garbage, rubbish, ashes, industrial wastes, swill, sewage sludge, demolition and construction wastes, abandoned vehicles or parts thereof, and recyclable materials.

    (((23))) (22) "Solid waste handling" means the management, storage, collection, transportation, treatment, utilization, processing, and final disposal of solid wastes, including the recovery and recycling of materials from solid wastes, the recovery of energy resources from solid wastes or the conversion of the energy in solid wastes to more useful forms or combinations thereof.

    (((24))) (23) "Source separation" means the separation of different kinds of solid waste at the place where the waste originates.

    (((25))) (24) "Vehicle" includes every device physically capable of being moved upon a public or private highway, road, street, or watercourse and in, upon, or by which any person or property is or may be transported or drawn upon a public or private highway, road, street, or watercourse, except devices moved by human or animal power or used exclusively upon stationary rails or tracks.

    (((26))) (25) "Waste-derived soil amendment" means any soil amendment as defined in this chapter that is derived from solid waste as defined in RCW 70.95.030, but does not include biosolids or biosolids products regulated under chapter 70.95J RCW or wastewaters regulated under chapter 90.48 RCW.

    (((27))) (26) "Waste reduction" means reducing the amount or toxicity of waste generated or reusing materials.

NEW SECTION. Sec. 602.  The following acts or parts of acts are each repealed:

(1) RCW 70.95.040 (Solid waste advisory committee--Members--Meetings--Travel expenses--"Governor's award of excellence") and 1991 c 319 s 401, 1987 c 115 s 1, 1982 c 108 s 1, & 1977 c 10 s 1; and

(2) RCW 70.95.050 (Solid waste advisory committee--Staff services and facilities) and 1969 ex.s. c 134 s 5.

NEW SECTION. Sec. 603.  A new section is added to chapter 70.95 RCW to read as follows:

    In consultation with affected constituent groups, the director shall establish appropriate public involvement and outreach mechanisms designed to provide the department with effective public input on programs and policies relating to solid and dangerous waste management.

                              PART 7

              REGIONAL CITIZEN'S ADVISORY COMMITTEES

                     MODEL TOXICS CONTROL ACT

    Sec. 701.  RCW 70.105D.030 and 1997 c 406 s 3 are each amended to read as follows:

    (1) The department may exercise the following powers in addition to any other powers granted by law:

    (a) Investigate, provide for investigating, or require potentially liable persons to investigate any releases or threatened releases of hazardous substances, including but not limited to inspecting, sampling, or testing to determine the nature or extent of any release or threatened release.  If there is a reasonable basis to believe that a release or threatened release of a hazardous substance may exist, the department's authorized employees, agents, or contractors may enter upon any property and conduct investigations.  The department shall give reasonable notice before entering property unless an emergency prevents such notice.  The department may by subpoena require the attendance or testimony of witnesses and the production of documents or other information that the department deems necessary;

    (b) Conduct, provide for conducting, or require potentially liable persons to conduct remedial actions (including investigations under (a) of this subsection) to remedy releases or threatened releases of hazardous substances.  In carrying out such powers, the department's authorized employees, agents, or contractors may enter upon property.  The department shall give reasonable notice before entering property unless an emergency prevents such notice. In conducting, providing for, or requiring remedial action, the department shall give preference to permanent solutions to the maximum extent practicable and shall provide for or require adequate monitoring to ensure the effectiveness of the remedial action;

    (c) Indemnify contractors retained by the department for carrying out investigations and remedial actions, but not for any contractor's reckless or wilful misconduct;

    (d) Carry out all state programs authorized under the federal cleanup law and the federal resource, conservation, and recovery act, 42 U.S.C. Sec. 6901 et seq., as amended;

    (e) Classify substances as hazardous substances for purposes of RCW 70.105D.020(7) and classify substances and products as hazardous substances for purposes of RCW 82.21.020(1);

    (f) Issue orders or enter into consent decrees or agreed orders that include, or issue written opinions under (i) of this subsection that may be conditioned upon, deed restrictions where necessary to protect human health and the environment from a release or threatened release of a hazardous substance from a facility.  Prior to establishing a deed restriction under this subsection, the department shall notify and seek comment from a city or county department with land use planning authority for real property subject to a deed restriction;

    (g) Enforce the application of permanent and effective institutional controls that are necessary for a remedial action to be protective of human health and the environment;

    (h) Require holders to conduct remedial actions necessary to abate an imminent or substantial endangerment pursuant to RCW 70.105D.020(12)(b)(ii)(C);

    (i) Provide informal advice and assistance to persons regarding the administrative and technical requirements of this chapter.  This may include site-specific advice to persons who are conducting or otherwise interested in independent remedial actions.  Any such advice or assistance shall be advisory only, and shall not be binding on the department.  As a part of providing this advice and assistance for independent remedial actions, the department may prepare written opinions regarding whether the independent remedial actions or proposals for those actions meet the substantive requirements of this chapter or whether the department believes further remedial action is necessary at the facility.  The department may collect, from persons requesting advice and assistance, the costs incurred by the department in providing such advice and assistance; however, the department shall, where appropriate, waive collection of costs in order to provide an appropriate level of technical assistance in support of public participation.  The state, the department, and officers and employees of the state are immune from all liability, and no cause of action of any nature may arise from any act or omission in providing, or failing to provide, informal advice and assistance; and

    (j) Take any other actions necessary to carry out the provisions of this chapter, including the power to adopt rules under chapter 34.05 RCW.

    (2) The department shall immediately implement all provisions of this chapter to the maximum extent practicable, including investigative and remedial actions where appropriate.  The department shall adopt, and thereafter enforce, rules under chapter 34.05 RCW to:

    (a) Provide for public participation, including at least (i) ((the establishment of regional citizen's advisory committees, (ii))) public notice of the development of investigative plans or remedial plans for releases or threatened releases((,)) and (((iii))) (ii) concurrent public notice of all compliance orders, agreed orders, enforcement orders, or notices of violation;

    (b) Establish a hazard ranking system for hazardous waste sites;

    (c) Provide for requiring the reporting by an owner or operator of releases of hazardous substances to the environment that may be a threat to human health or the environment within ninety days of discovery, including such exemptions from reporting as the department deems appropriate, however this requirement shall not modify any existing requirements provided for under other laws;

    (d) Establish reasonable deadlines not to exceed ninety days for initiating an investigation of a hazardous waste site after the department receives notice or otherwise receives information that the site may pose a threat to human health or the environment and other reasonable deadlines for remedying releases or threatened releases at the site;

    (e) Publish and periodically update minimum cleanup standards for remedial actions at least as stringent as the cleanup standards under section 121 of the federal cleanup law, 42 U.S.C. Sec. 9621, and at least as stringent as all applicable state and federal laws, including health-based standards under state and federal law; and

    (f) Apply industrial clean-up standards at industrial properties.  Rules adopted under this subsection shall ensure that industrial properties cleaned up to industrial standards cannot be converted to nonindustrial uses without approval from the department.  The department may require that a property cleaned up to industrial standards is cleaned up to a more stringent applicable standard as a condition of conversion to a nonindustrial use.  Industrial clean-up standards may not be applied to industrial properties where hazardous substances remaining at the property after remedial action pose a threat to human health or the environment in adjacent nonindustrial areas.

    (3) Before November 1st of each even-numbered year, the department shall develop, with public notice and hearing, and submit to the ways and means and appropriate standing environmental committees of the senate and house of representatives a ranked list of projects and expenditures recommended for appropriation from both the state and local toxics control accounts.  The department shall also provide the legislature and the public each year with an accounting of the department's activities supported by appropriations from the state toxics control account, including a list of known hazardous waste sites and their hazard rankings, actions taken and planned at each site, how the department is meeting its top two management priorities under RCW 70.105.150, and all funds expended under this chapter.

    (4) The department shall establish a scientific advisory board to render advice to the department with respect to the hazard ranking system, cleanup standards, remedial actions, deadlines for remedial actions, monitoring, the classification of substances as hazardous substances for purposes of RCW 70.105D.020(7) and the classification of substances or products as hazardous substances for purposes of RCW 82.21.020(1).  The board shall consist of five independent members to serve staggered three-year terms.  No members may be employees of the department.  Members shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

    (5) The department shall establish a program to identify potential hazardous waste sites and to encourage persons to provide information about hazardous waste sites.

NEW SECTION. Sec. 702.  A new section is added to chapter 70.105D RCW to read as follows:

    In consultation with affected constituent groups, the director shall establish appropriate public involvement and outreach mechanisms designed to provide the department with effective public input on programs and policies relating to the management and control of hazardous substances.

                              PART 8

         SEA URCHIN AND SEA CUCUMBER ADVISORY REVIEW BOARD

                COASTAL CRAB ADVISORY REVIEW BOARD

NEW SECTION. Sec. 801.  RCW 77.70.030 (Advisory review boards) and 2000 c 107 s 57, 1999 c 151 s 1601, & 1995 c 269 s 3101 are each repealed.

                              PART 9

              OCEAN PINK SHRIMP ADVISORY REVIEW BOARD

NEW SECTION. Sec. 901.  RCW 77.70.270 (Ocean pink shrimp--Delivery license--Reduction of landing requirement) and 2000 c 107 s 75 & 1993 c 376 s 10 are each repealed.

                              PART 10

                 SHORELINES GUIDELINES COMMISSION

NEW SECTION. Sec. 1001.  By July 1, 2001, the director of the department of ecology shall abolish the shorelines guidelines commission.

                              PART 11

             WETLANDS MITIGATION BANKING ADVISORY TEAM

NEW SECTION. Sec. 1101.  By July 1, 2001, the director of the department of ecology shall abolish the wetlands mitigation banking advisory team.

                              PART 12

              THE COMMISSION ON LEGISLATIVE BUILDING

                    PRESERVATION AND RENOVATION

NEW SECTION. Sec. 1201.  By July 1, 2001, the commission on legislative building preservation and renovation created in House Concurrent Resolution No. 4410 is abolished.

                              PART 13

                           MISCELLANEOUS

NEW SECTION. Sec. 1301.  PART HEADINGS NOT LAW.  Part headings used in this act are not any part of the law.

NEW SECTION. Sec. 1302.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2001.

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