FINAL BILL REPORT

HB 1113

C 69 L 13

Synopsis as Enacted

Brief Description: Concerning standards for the use of science to support public policy.

Sponsors: Representatives Short, Upthegrove, Springer, Pollet, Taylor, Smith, Fagan, Dahlquist and Fey.

House Committee on Environment

Senate Committee on Energy, Environment & Telecommunications

Background:

The Department of Ecology (DOE) is divided into 10 environmental management programs, each covering a different subject area: air quality; environmental assessment; hazardous waste and toxics reduction; nuclear waste; shorelands and environmental assistance; spill prevention, preparedness, and response; toxics cleanup; waste to resources; water quality; and water resources.

Within the Shorelands and Environmental Assistance Program are programs targeted to coastal zone management, federal permitting, floods and floodplain management, ocean resources, the Office of Regulatory Assistance, the Padilla Bay National Estuarine Research Reserve, shoreline management, the State Environmental Policy Act, the Washington Conservation Corps, watersheds, and wetlands.

Within the Water Quality Program are programs targeted to aquatic plants and lakes, the administration of water quality grants and loans, ground and surface water quality, non-point pollution, permitting of point source pollution, Puget Sound water quality, stormwater, wastewater treatment, and water quality assessment and Total Maximum Daily Load measurement.

The state Administrative Procedure Act establishes the rule-making process for state agencies and also outlines the procedural requirements for appealing an agency action. The state Public Records Act establishes requirements for agency maintenance of public records, and for the provision of those records for public inspection. Public records invoked by an agency must be indexed and made available to the public.

Summary:

Before taking a significant agency action within its Water Quality or Shorelands and Environmental Assistance programs, the Department of Ecology (DOE) must identify peer-reviewed science, scientific literature, and other sources relied upon for the significant agency action. On its website, the DOE must also provide the index, required by the Public Records Act, of public records invoked or relied upon in support of a proposed significant agency action.

The term "significant agency action" is defined as an act of the DOE that: (1) adopts, under delegated legislative authority, substantive requirements with penalties for noncompliance; (2) establishes, alters, or revokes any qualification or standard for the issuance, suspension, or revocation of a license or permit; (3) results in significant amendments to an existing policy or program; or (4) results in the development of technical guidance, assessments, or documents used to implement a state rule or statute.

Votes on Final Passage: