ESHB 2335 -
By Committee on Government Operations, Tribal Relations & Elections
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 (1) The legislature finds that it is
critically important that scientific information used to inform public
policy be of the highest quality and integrity. Furthermore, the
legislature recognizes that public benefit is derived from greater
transparency as to what scientific information, data, or records are
being used to inform public policy or relied upon in agency decision
making.
(2) Furthermore, the legislature finds that the state of Washington
has not previously adopted a uniform standard for the use of
independent peer review by qualified experts, even though the generally
accepted approach in the scientific community towards ensuring the
quality and integrity of scientific information is the conduct of
independent peer review by qualified experts.
(3) Therefore, in order to help ensure that agencies routinely use
scientifically credible information in conducting their policy-making
functions, it is the intent of the legislature to have those sources of
scientific information reviewed and relied upon by agencies be
identified in a clear and transparent way.
NEW SECTION. Sec. 2 A new section is added to chapter 34.05 RCW
to read as follows:
(1) Before taking a significant agency action, the department of
fish and wildlife and the department of ecology must identify the
sources of information reviewed and relied upon by the agency in the
course of preparing to take significant agency action. Peer-reviewed
literature, if applicable, must be identified, as well as any
scientific literature or other sources of information used. The
department of fish and wildlife and the department of ecology shall
make available on the agency's web site the index of records required
under RCW 42.56.070(6) that are relied upon, or invoked, in support of
a proposal for significant agency action. Any records relied upon or
invoked by the agency in the development of a significant agency action
must be made available at the outset of any comment period.
(2) As used in this section, the following terms have the following
meaning:
(a) "Peer-reviewed literature" means information developed using a
scientific method for which the following factors are true:
(i) The scientific information is provided by a qualified,
scientific professional or professionals with issue-appropriate
expertise based on the professional's credentials, certifications,
earned advanced degrees, years of experience, recognized leadership in
an appropriate scholarly area, formal training, and recognized ability
to produce peer-reviewed professional literature;
(ii) The scientific information has been subjected to independent
peer review by reviewers who are qualified and are independent with no
conflict of interest. Independent peer review may be performed by
reputable scientific journals, scholarly organizations such as the
national academies, commissioned by the relevant agency, or
commissioned by qualified entities whose interests will be affected by
the action;
(iii) The methods used to obtain the information are clearly
stated, standardized for the pertinent scientific discipline, and are
able to be replicated;
(iv) The conclusions underlying the information are based on
reasonable and logical assumptions supported by other studies and
consistent with the data presented;
(v) The data underlying the information have been analyzed using
the appropriate statistical or quantitative methods;
(vi) The information has been placed in a proper context and is
appropriately framed with respect to the prevailing body of pertinent
scientific knowledge; and
(vii) The information is based on assumptions, analytical
techniques, and conclusions that are clearly stated and well-referenced
with citations to credible literature and other pertinent existing
information.
(b)(i) "Significant agency action" means an act of the department
of fish and wildlife or the department of ecology that:
(A) Results in the development of a significant legislative rule as
defined in RCW 34.05.328;
(B) Results in the development of technical guidance, technical
assessments, or technical documents that are used to directly support
implementation of a state rule or state statute; or
(C) Results in the development of fish and wildlife recovery and
management plans.
(ii) "Significant agency action" does not include rule making by
the department of fish and wildlife associated with fishing and hunting
regulations.
(3) This section is not intended to affect agency action regarding
individual permitting, compliance and enforcement decisions, or
guidance provided by an agency to a local government on a case-by-case
basis."
ESHB 2335 -
By Committee on Government Operations, Tribal Relations & Elections
On page 1, line 2 of the title, after "policy;" strike the remainder of the title and insert "adding a new section to chapter 34.05 RCW; and creating a new section."
EFFECT: Clarifies that a "significant agency action" is an act of the department of fish and wildlife (DFW) or the department of ecology that: (1) Results in development of a significant legislative rule; (2) results in development of technical guidance, technical assessments, or technical documents used to directly support implementation of a state rule or state statute; or (3) results in development of fish and wildlife recovery and management plans. Clarifies that significant agency action does not include rule making by DFW associated with fishing and hunting regulations. Clarifies that the act is not intended to affect agency action regarding individual permitting, compliance and enforcement decisions, or guidance provided by an agency to a local government on a case-by-case basis.