BILL REQ. #:  H-0741.1 

Read first time 01/22/2003.   Referred to Committee on State Government.

     AN ACT Relating to requiring legislative authority for agencies to adopt rules that exceed federal standards; and adding new sections to chapter 34.05 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 34.05 RCW to read as follows:
     No agency may adopt a rule that exceeds a federal standard without specific legislative authority. The legislature may grant such authority pursuant to a request by an agency. A requesting agency shall present to the appropriate standing committees of the house of representatives and the senate:
     (1) A written justification detailing the unique reasons why Washington state policy must exceed federal policy; and
     (2) A cost-benefit analysis that clearly outlines the economic impacts for Washington's business or other regulated entities.

NEW SECTION.  Sec. 2   A new section is added to chapter 34.05 RCW to read as follows:
     By July 1, 2004, each state agency must review existing rules that exceed federal standards and prepare a report for the office of financial management and the joint administrative rules review committee that outlines the grant of authority used to exceed those standards. If the agency has relied on a general grant of authority in adopting the rules, the agency shall either repeal the rules or seek specific authority from the legislature as allowed under section 1 of this act. If specific authority is not obtained by July 1, 2006, the agency shall repeal the rule.