H‑1189.1   _____________________________________________

HOUSE BILL 2049

           _____________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Representatives Pearson, Crouse, Cox, Schindler, DeBolt, Mitchell, Ericksen, Cairnes, Clements and Talcott

Read first time 02/13/2001.  Referred to Committee on State Government.

_1      AN ACT Relating to technical assistance programs; amending RCW

_2  43.05.040 and 43.05.030; and adding a new section to chapter 34.05

_3  RCW.

_4  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_5      NEW SECTION. Sec. 1.  A new section is added to chapter 34.05

_6  RCW to read as follows:

_7      Within two hundred days of the effective date of a rule that

_8  imposes additional requirements on businesses the violation of

_9  which subjects the business to a penalty, assessment, or

10  administrative sanction, an agency shall make a good faith effort

11  to notify businesses affected by the rule of the requirements of

12  the rule and how to obtain technical assistance to comply.  For

13  purposes of this section, "good faith" means:  (1) The agency at

14  least notifies businesses in the standard industrial

15  classifications or their successor identified in the rule-making

16  file as businesses affected by the rule that are registered with

17  the department of revenue; or (2) for rules imposing additional

18  requirements only on persons or firms licensed, registered, or

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_1  operating under a permit, the agency notifies those persons or

_2  firms holding the license, registration, or permit.  The

_3  notification shall announce the rule change, briefly summarize the

_4  rule change, and include a contact for more information.

_5  Notification may be by individual notice, agency bulletins or

_6  newsletters, or any other means that will reasonably inform

_7  affected businesses.  Inadvertent failure to notify a specific

_8  business under this section does not invalidate a rule or waive

_9  the requirement to comply with the rule.

10      Sec. 2.  RCW 43.05.040 and 1995 c 403 s 605 are each amended to

11  read as follows:

12      (1) The owner and operator shall be given a reasonable period

13  of time to correct violations identified during a technical

14  assistance visit before any civil penalty provided for by law is

15  imposed for those violations.  A regulatory agency may revisit a

16  facility, business, or other location after a technical assistance

17  visit and a reasonable period of time has passed to correct

18  violations identified by the agency in writing and issue civil

19  penalties as provided for by law for any uncorrected violations.

20      (2) During a visit under subsection (1) of this section, the

21  regulatory agency may not issue civil penalties:

22      (a) For violations not previously identified in a technical

23  assistance visit, unless the violations are of the type for which

24  the agency may issue a citation during a technical assistance

25  visit under RCW 43.05.050; or

26      (b) If the owner or operator has made a good faith effort to

27  comply with the agency's statement of what is required for

28  compliance under RCW 43.05.030(3)(b).

29      (3) During a visit under subsection (1) of this section, if the

30  regulatory agency identifies violations for which it may not issue

31  civil penalties under subsection (2) of this section, the agency

32  shall treat the visit as a technical assistance visit and notify

33  the owner or operator of the violations under RCW 43.05.030(3)(a).

34      (4) This section does not apply to citations issued by the

35  department of labor and industries under RCW 43.05.090.

36 

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_1      Sec. 3.  RCW 43.05.030 and 1996 c 206 s 2 are each amended to read

_2  as follows:

_3      (1) For the purposes of this chapter, a technical assistance

_4  visit is a visit by a regulatory agency to a facility, business,

_5  or other location that:

_6      (a) Has been requested or is voluntarily accepted; and

_7      (b) Is declared by the regulatory agency at the beginning of

_8  the visit to be a technical assistance visit.

_9      (2) A technical assistance visit also includes:

10      (a) A consultative visit pursuant to RCW 49.17.250; and

11      (b) A visit during which the agency identifies violations for

12  which it may not issue civil penalties under RCW 43.05.040(2).

13      (3) During a technical assistance visit, or within a reasonable

14  time thereafter, a regulatory agency shall inform the owner or

15  operator of the facility of any violations of law or agency rules

16  identified by the agency as follows:

17      (a) A description of the condition that is not in compliance

18  and the text of the specific section or subsection of the

19  applicable state or federal law or rule;

20      (b) A statement of what is required to achieve compliance;

21      (c) The date by which the agency requires compliance to be

22  achieved;

23      (d) Notice of the means to contact any technical assistance

24  services provided by the agency or others; and

25      (e) Notice of when, where, and to whom a request to extend the

26  time to achieve compliance for good cause may be filed with the

27  agency.

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