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.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
PART
1
DEPARTMENT
OF SOCIAL AND HEALTH SERVICES
REGIONAL
ADVISORY COMMITTEES
Sec.
1. 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
DEPARTMENT
OF SOCIAL AND HEALTH SERVICES
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following acts or parts of acts are each repealed: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
WASHINGTON STATE JOB
TRAINING COORDINATING COUNCIL
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
REGIONAL
CITIZEN'S ADVISORY COMMITTEES
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
SEA
URCHIN AND SEA CUCUMBER ADVISORY REVIEW BOARD
COASTAL CRAB
ADVISORY REVIEW BOARD
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
OCEAN PINK
SHRIMP ADVISORY REVIEW BOARD
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
SHORELINES
GUIDELINES COMMISSION
NEW
SECTION. Sec. 701. By
July 1, 2001, the director of the department of ecology shall abolish the
shorelines guidelines commission.
PART
8
WETLANDS
MITIGATION BANKING ADVISORY TEAM
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
THE
COMMISSION ON LEGISLATIVE BUILDING
PRESERVATION
AND RENOVATION
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
MISCELLANEOUS
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.
