AN ACT Relating to environmental excellence program agreements; amending RCW 43.21K.160; adding new sections to chapter 43.21K RCW; and creating a new section.

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

NEW SECTION. Sec. 1. (1) The legislature finds that the legislation passed in 1997 that created a voluntary program authorizing environmental excellence program agreements with persons regulated by the environmental laws of Washington state was intended to provide flexibility to the regulated community without adversely affecting the state's environmental protection standards. However, the low number of environmental excellence program agreements entered into since 1997 has been disappointing.

(2) The legislature further finds that in light of the low participation rates, and the development of similar programs in other states since 1997, the environmental excellence program should be evaluated in an effort to identify and eliminate current barriers that are discouraging the execution of environmental excellence program agreements.

(3) The authority for the department of ecology to enter into environmental excellence program agreements terminates June 30, 2002. The legislature finds that this date should be extended in order to continue the environmental excellence program and to provide time for the legislature to evaluate and act on any necessary changes to the program that will encourage increased participation.

NEW SECTION. Sec. 2. A new section is added to chapter 43.21K RCW to read as follows:

Citizens of the state of Washington have the following rights when asking for a permit, license, or permission to engage in a lawful activity:

(1) The right to a date in time for a decision on permits;

(2) The right to a defined amount of information required to award a permit by a permitting authority before any application for permits can be accepted; and

(3) The right to know the maximum amount of costs in fees, studies, or public processes that will be incurred by the permit applicant.

Sec. 3. RCW 43.21K.160 and 1997 c 381 s 19 are each amended to read as follows:

The authority of a director to enter into a new environmental excellence program agreement program shall be terminated June 30, ((~~2002~~)) 2012. Environmental excellence program agreements entered into before June 30, ((~~2002~~)) 2012, shall remain in force and effect subject to the provisions of this chapter.

NEW SECTION. Sec. 4. A new section is added to chapter 43.21K RCW to read as follows:

(1) In addition to any termination provisions contained in an environmental excellence program agreement, a director of an agency may terminate an environmental excellence program agreement in whole or in part with respect to a legal requirement administered by that agency, if the director finds: (a) That after notice and a reasonable opportunity to cure, the covered facility is in violation of a material requirement of the agreement; (b) that the facility has repeatedly violated any requirements of the agreement; (c) that the operation of the facility under the agreement has caused endangerment to public health or the environment that cannot be remedied by modification of the agreement; or (d) that the facility has failed to make substantial progress in achieving the voluntary goals identified under RCW 43.21K.050(4), and these goals are material to the overall objectives of the agreement.

(2) A director of an agency terminating an environmental excellence program agreement in any respect must provide each of the parties to the agreement with a written notice of that action specifying the extent to which the environmental excellence program agreement is to be terminated, the factual and legal basis for termination, and a description of the opportunity for judicial review of the decision to terminate the environmental excellence program agreement.

(3) If a director terminates less than the entire environmental excellence program agreement, the owner or operator of the covered facility may elect to terminate the entire agreement as it applies to the facility.

(4) If a director decides to terminate an environmental excellence program agreement because the facility has not been able to meet the legal requirements established under the agreement, or because operation of the facility under the agreement has caused endangerment to public health or the environment, as provided in subsection (1)(c) of this section, the director may establish in the notice of termination: (a) Practical interim requirements for the facility that are no less stringent than the legal requirements that would apply to the facility in the absence of the agreement; and (b) a practical schedule of compliance for meeting the interim requirements. The interim requirements and schedule of compliance shall be subject to judicial review under the provisions of RCW 43.21K.090(4). The facility must comply with the interim requirements established under this subsection after they are final and no longer subject to judicial review until applicable permits or permit modifications have been issued under RCW 43.21K.100.