CERTIFICATION OF ENROLLMENT
SENATE BILL 6609
Chapter 364, Laws of 2002
(partial veto)
57th Legislature
2002 Regular Session
DEPARTMENT OF ECOLOGY--STUDIES
EFFECTIVE DATE: 6/13/02
Passed by the Senate March 12, 2002 YEAS 31 NAYS 14
BRAD OWEN President of the Senate
Passed by the House March 5, 2002 YEAS 71 NAYS 26 |
CERTIFICATE
I, Tony M. Cook, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 6609 as passed by the Senate and the House of Representatives on the dates hereon set forth. |
FRANK CHOPP Speaker of the House of Representatives |
TONY M. COOK Secretary
|
|
|
Approved April 4, 2002, with the exception of subsection 2(c), which is vetoed. |
FILED
April 4, 2002 - 3:09 p.m. |
|
|
GARY LOCKE Governor of the State of Washington |
Secretary of State State of Washington |
_______________________________________________
SENATE BILL 6609
_______________________________________________
AS AMENDED BY THE HOUSE
Passed Legislature - 2002 Regular Session
State of Washington 57th Legislature 2002 Regular Session
By Senators Snyder, Deccio, T. Sheldon, Morton, Rasmussen, Honeyford, Hale and Hargrove
Read first time 01/23/2002. Referred to Committee on State & Local Government.
AN ACT Relating to studies conducted by the department of ecology; and amending RCW 43.21A.130.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
*Sec. 1. RCW 43.21A.130 and 1987 c 505 s 28 are each amended to read as follows:
(1)
In addition to any other powers granted the director, the director may
undertake studies dealing with all aspects of environmental problems involving
land, water, or air((: PROVIDED, That)); however, in the absence
of specific legislative authority, such studies shall be limited to
investigations of particular problems, and shall not be implemented by positive
action.
(2)(a) Any studies conducted by the department to establish the total maximum daily load of a water body under chapter 90.48 RCW must involve meaningful participation and opportunities to comment by the local watershed planning group established in chapter 90.82 RCW, the local governments whose jurisdictions are within the affected watershed, and any affected or concerned citizen who notifies the department of his or her interest in participating. Technical or procedural disputes or disagreements that arise during the participation and comment process may be presented to the director for review. The director shall conduct a review of the disputed items and issue written findings and conclusions to all interested participants.
(b) If a study conducted on the total maximum daily load of a water body may affect a new or renewed national pollution discharge elimination permit under chapter 90.48 RCW, the department must disclose prior to the finalization of the study the precision and accuracy of data collected, computer models developed, and assumptions used.
(c) Any party that participated in a study under this subsection (2) and disagrees with the director's written findings under (a) of this subsection may request an administrative hearing presided over by an administrative law judge. The hearing shall be conducted in accordance with chapter 34.05 RCW. If the administrative law judge finds that the department's conclusions were based on erroneous information or data, the administrative law judge may order that the study be disregarded. The administrative law judge may also order the department to reimburse the party or parties requesting the hearing for any costs associated with hiring professional outside assistance that was reasonably necessary to prove that party's position at the hearing. These costs include attorney and consultant fees. The administrative law judge's determination or order shall be final and not subject to further appeal.
*Sec. 1 was partially vetoed. See message at end of chapter.
Passed the Senate March 12, 2002.
Passed the House March 5, 2002.
Approved by the Governor April 4, 2002, with the exception of certain items that were vetoed.
Filed in Office of Secretary of State April 4, 2002.
Note: Governor's explanation of partial veto is as follows:
"I am returning herewith, without my approval as to subsection 2(c), Senate Bill No. 6609 entitled:
"AN ACT Relating to studies conducted by the department of ecology;"
Senate Bill No. 6609 provides for public participation and comment on studies conducted by the Department of Ecology (DOE) in the implementation of chapter 90.48 RCW. It also provides for review of disputes by the DOE director, and requires disclosure of the underpinnings of studies and the data used in them, prior to finalization of the studies.
Subsection 2(c) of this bill would have set an undesirable precedent by barring appeal of administrative law judges' decisions, and potentially requiring DOE to pay for the costs of studies conducted by an aggrieved party. It is a basic principle of our system of law that parties who disagree with administrative law judges have a right to appeal the judges' determinations in court. Requiring an agency to pay a challenger's costs could have significant unforeseeable budget consequences.
For these reasons, I have vetoed subsection 2(c) of Senate Bill No. 6609.
With the exception of subsection 2(c), Senate Bill No. 6609 is approved."