SUBSTITUTE SENATE BILL 5401





                        57th Legislature

                      2001 Regular Session

Passed by the Senate April 16, 2001

  YEAS 46   NAYS 0




President of the Senate


Passed by the House April 4, 2001

  YEAS 92   NAYS 0



I, Tony M. Cook, Secretary of the Senate of the State of Washington, do hereby certify that the attached is  SUBSTITUTE SENATE BILL 5401 as passed by the Senate and the House of Representatives on the dates hereon set forth.




Speaker of the

      House of Representatives






Speaker of the

      House of Representatives



Approved Place Style On Codes above, and Style Off Codes below.  





Governor of the State of Washington

                   Secretary of State

                  State of Washington



                    SUBSTITUTE SENATE BILL 5401



                      AS AMENDED BY THE HOUSE


             Passed Legislature - 2001 Regular Session


State of Washington      57th Legislature     2001 Regular Session


By Senate Committee on State & Local Government (originally sponsored by Senators Patterson and Finkbeiner; by request of Governor Locke)



Eliminating boards and commissions.   

    AN ACT Relating to the elimination of boards and commissions; amending RCW 70.105D.030; reenacting and amending RCW 43.20A.360; creating new sections; repealing RCW 43.20A.370, 43.20A.375, 43.20A.380, 50.67.010, 50.67.020, 50.67.030, 77.70.030, and 77.70.270; providing an effective date; and declaring an emergency.




                              PART 1




    Sec. 101.  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.))


                              PART 2


                     STATE ADVISORY COMMITTEE


    NEW SECTION.  Sec. 201.  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 3



    NEW SECTION.  Sec. 301.  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 4


                     MODEL TOXICS CONTROL ACT


    Sec. 401.  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.


                              PART 5




    NEW SECTION.  Sec. 501.  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 6



    NEW SECTION.  Sec. 601.  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 7



    NEW SECTION.  Sec. 701.  By July 1, 2001, the director of the department of ecology shall abolish the shorelines guidelines commission.


                              PART 8



    NEW SECTION.  Sec. 801.  By July 1, 2001, the director of the department of ecology shall abolish the wetlands mitigation banking advisory team.


                              PART 9




    NEW SECTION.  Sec. 901.  By July 1, 2001, the commission on legislative building preservation and renovation created in House Concurrent Resolution No. 4410 is abolished.


                              PART 10



    NEW SECTION.  Sec. 1001.  It is the intent of the legislature that the department of social and health services and the department of ecology, in consultation with affected constituent groups, continue appropriate public involvement and outreach mechanisms designed to provide cost-effective public input on their programs and policies.


    NEW SECTION.  Sec. 1002.  Part headings used in this act are not any part of the law.


    NEW SECTION.  Sec. 1003.  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.


                            --- END ---