BILL REQ. #:  S-3624.1 

Read first time 01/14/2004.   Referred to Committee on Land Use & Planning.

     AN ACT Relating to requiring natural resource agencies to use available federal standards in counties with very high unemployment rates; adding a new section to chapter 43.21A RCW; adding a new section to chapter 77.04 RCW; creating a new section; and declaring an emergency.

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

NEW SECTION.  Sec. 1   The legislature finds that there are several counties in the state that are characterized by very high levels of unemployment and poverty. The legislature further finds that economic stagnation is the primary cause of this high unemployment rate and poverty; that the stagnation is often intensified by burdensome and conflicting regulatory programs that prevent communities from being economically competitive in the statewide, national, and global economies; and that natural resource agencies, including the departments of ecology and fish and wildlife, continue to develop and adopt state rules, guidelines, permit conditions, and policies that substantially differ from those that have already been adopted by federal agencies.
     For these reasons, the legislature intends to ensure that state natural resource agencies, when acting in counties characterized by very high levels of unemployment, do not exceed existing federal requirements or policies when implementing programs for which federal requirements or policies exist. The legislature declares that this limited policy serves the vital public purpose of facilitating employment opportunities and reducing poverty in distressed areas of the state.

NEW SECTION.  Sec. 2   A new section is added to chapter 43.21A RCW to read as follows:
     Regulatory activities undertaken by the department in counties in which the commissioner of the employment security department finds that the county unemployment rate is eight percent or more may not exceed the standards required by federal law, regulations, or guidelines that are applicable to the same activity or subject matter. Regulatory activities covered by this section are those implementing a federal law or regulation either delegated to the state or specifically required by state law to be implemented by the department including: Issuing any permit, condition, order, guideline, or policy or interpretive statement; adopting any rule; or entering into any agreement or contract to implement such regulatory actions.

NEW SECTION.  Sec. 3   A new section is added to chapter 77.04 RCW to read as follows:
     Regulatory activities undertaken by the department in counties in which the commissioner of the employment security department finds that the county unemployment rate is eight percent or more may not exceed the standards required by federal law, regulations, or guidelines that are applicable to the same activity or subject matter. Regulatory activities covered by this section are those implementing a federal law or regulation either delegated to the state or specifically required by state law to be implemented by the department including: Issuing any permit, condition, order, guideline, or policy or interpretive statement; adopting any rule; or entering into any agreement or contract to implement such regulatory actions.

NEW SECTION.  Sec. 4   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 immediately.