BILL REQ. #:  H-1463.1 

Read first time 02/13/2003.   Referred to Committee on Agriculture & Natural Resources.

     AN ACT Relating to eliminating the authority of the department of ecology to appeal pollution control hearings board decisions regarding water quality certifications required by the federal clean water act; and amending RCW 43.21B.180.

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

Sec. 1   RCW 43.21B.180 and 1994 c 253 s 6 are each amended to read as follows:
     (1) Judicial review of a decision of the hearings board may be obtained only pursuant to RCW 34.05.510 through 34.05.598. Except as provided in subsection (2) of this section, the director shall have the same right of review ((from)) of a decision made pursuant to RCW 43.21B.110 as does any person.
     (2) The director has no right of review of a hearings board decision based on department decisions made under federal delegation of authority and regarding certifications required by the federal clean water act (33 U.S.C. Sec. 1341).