BILL REQ. #:  S-0952.1 

Read first time 02/03/11.   Referred to Committee on Environment, Water & Energy.

     AN ACT Relating to standards for the use of science to support public policy; and adding new sections to chapter 34.05 RCW.

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

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.
     (2) The legislature further finds that the scientific information used in support of or in justification for public policy actions in the state of Washington can be of varying quality and integrity.
     (3) The legislature further finds that a perceived lack of quality and integrity of scientific information is a key factor leading to litigation.
     (4) The legislature further finds that the generally accepted approach to assuring the quality and integrity of scientific information is the conduct of independent peer review by qualified experts.
     (5) The legislature further finds that the state of Washington has not previously adopted a uniform standard for the use of independent peer review by qualified experts.
     (6) The legislature further finds that the only way to ensure that agencies use scientifically credible information is for all agencies to use the generally accepted practice of peer review.
     (7) The legislature therefore declares that all government agencies operating within the state must use the standards for peer review established in sections 2 through 5 of this act.

NEW SECTION.  Sec. 2   (1) Prior to taking agency action of any kind, including the provision of technical assistance, related to environmental, natural resources, access to and use of water, or land use management, an agency must use peer-reviewed science.
     (2) For purposes of this section, "peer-reviewed science" means information developed using the scientific method for which the following factors are true:
     (a) 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;
     (b) The scientific information has been subjected to independent peer review by at least three 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;
     (c) The methods used to obtain the information are clearly stated, standardized for the pertinent scientific discipline, and are able to be replicated;
     (d) The conclusions underlying the information are based on reasonable and logical assumptions supported by other studies and consistent with the data presented;
     (e) The data underlying the information have been analyzed using the appropriate statistical or quantitative methods;
     (f) The information has been placed in a proper context and is appropriately framed with respect to the prevailing body of pertinent scientific knowledge; and
     (g) 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.

NEW SECTION.  Sec. 3   (1) Scientific studies may be brought forward for consideration in support of an agency action under section 2 of this act by a participating governmental entity, academic institution, qualified participating stakeholder group, or participating individual. These studies must be demonstrated to meet the requirements of section 2 of this act prior to being relied upon by an agency for an agency action.
     (2) For scientific studies where the information has not been critically reviewed by other persons with qualified, relevant scientific expertise, the agency implementing the provisions of section 2 of this act shall obtain and document fully independent, rigorous peer review by other persons with qualified, relevant scientific expertise.
     (3) Reviews conducted in compliance with this section may not be performed by an employee of an agency responsible for the provisions or enforcement of the policy informed by the science being reviewed, or an employee of or an affiliate of the entity that performed or helped fund the science being reviewed.

NEW SECTION.  Sec. 4   In order to demonstrate that an agency action meets the requirements of sections 2 through 5 of this act, an agency must maintain a public record that identifies:
     (1) The scientific literature or other sources relied upon by the agency; and
     (2) Any scientific information reviewed by the agency that does not meet the requirements of sections 2 through 5 of this act. The public record must include a narrative explanation of why that information was or was not included.

NEW SECTION.  Sec. 5   (1) If an agency cannot meet the requirements of section 2 of this act for a critical agency action, the agency may only proceed with an action if it fully documents:
     (a) A critical public health and safety need requiring action prior to the development of peer-reviewed science satisfying the provisions of sections 2 through 4 of this act;
     (b) The lack of peer-reviewed science; and
     (c) An established timeline for developing peer-reviewed science to remove the uncertainty.
     (2) Any agency action made using the provisions of subsection (1) of this section must be strictly limited in scope and effect until the necessary peer-reviewed science is available to comply with the provisions of section 2 of this act. Additionally, the agency action must be:
     (a) Designed to accommodate adaptive management principles;
     (b) Deemed experimental;
     (c) Monitored and evaluated to determine effectiveness; and
     (d) Improved to increase effectiveness over time or eliminated from future application.

NEW SECTION.  Sec. 6   Sections 1 through 5 of this act are each added to chapter 34.05 RCW and codified with the subchapter heading of "standards for the use of science to support public policy."