BILL REQ. #: H-0154.3
| State of Washington | 63rd Legislature | 2013 Regular Session |
Read first time 01/17/13. Referred to Committee on Government Operations & Elections.
AN ACT Relating to administrative procedures to promote accountability and economic relief; amending RCW 34.05.310, 34.05.313, 34.05.320, 34.05.570, 28A.300.040, 41.50.050, 43.06A.030, 43.19.011, 43.21A.064, 43.24.016, 43.27A.090, 43.30.215, 43.31C.060, 43.33.040, 43.33A.110, 43.59.070, 43.61.040, 43.63A.475, 43.70.580, 43.101.085, 43.115.040, 43.117.050, 43.155.040, 43.160.050, 43.163.100, 43.180.040, 43.200.070, 43.210.060, 43.250.090, 43.320.040, 43.330.040, 47.01.071, 48.02.060, 48.44.050, 48.46.200, 66.08.0501, 77.04.055, 80.01.040, 70.94.181, 76.09.060, 77.55.021, 78.44.081, 86.16.025, 70.95.205, 15.54.820, 43.21C.033, 77.115.040, 16.65.030, 70.119A.110, 90.03.350, 90.03.370, 90.58.140, 70.118B.030, and 36.70B.030; reenacting and amending RCW 34.05.328; adding new sections to chapter 34.05 RCW; adding a new section to chapter 43.17 RCW; adding a new section to chapter 77.12 RCW; adding a new section to chapter 79.02 RCW; adding a new section to chapter 79A.05 RCW; adding a new section to chapter 35.21 RCW; adding a new section to chapter 35A.21 RCW; adding a new section to chapter 36.01 RCW; adding a new section to chapter 70.94 RCW; adding a new section to chapter 90.48 RCW; adding a new section to chapter 90.76 RCW; adding a new section to chapter 18.104 RCW; adding a new section to chapter 69.30 RCW; adding a new section to chapter 90.64 RCW; adding a new section to chapter 15.58 RCW; adding a new section to chapter 17.21 RCW; adding a new section to chapter 70.95J RCW; adding a new section to chapter 90.66 RCW; adding new sections to chapter 36.70A RCW; adding a new section to chapter 43.21H RCW; adding a new chapter to Title 1 RCW; adding a new chapter to Title 36 RCW; adding a new chapter to Title 34 RCW; creating new sections; prescribing penalties; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 A new section is added to chapter 34.05 RCW
to read as follows:
This act may be known and cited as the regulatory freedom and
accountability act.
NEW SECTION. Sec. 101 A new section is added to chapter 34.05
RCW to read as follows:
The legislature finds that Washington families, workers, and
employers continue to struggle to make ends meet. As families and
employers have streamlined their budgets and services, so should state
government. Government continues to increase the burden on citizens
and employers through perpetual alteration and expansion of rules.
During 2012, an estimated 1,129 new sections to the Washington
Administrative Code were permanently adopted, 2,211 sections were
permanently amended, 393 emergency rule filings were made, and 961
sections were permanently repealed. A total of 5,511 pages of
permanent rule changes were made and 2,398 pages of emergency rules
were adopted. The constant changing of rules provides uncertainty to
citizens and employers and adds additional costs to taxpayers as
agencies hold public meetings and telephone conferences, and employees
spend untold hours working on drafts for rules. Furthermore, continual
proposal of new rules distracts employers from being productive in
their respective enterprises due to a need to comment against these
proposed rules. Most agencies do not track the number of hours
employees spend on rule making nor do they track the cost to the agency
to do this task. One way to reduce millions of dollars in employee and
administrative costs is to impose a moratorium on formal and informal
rule making by state agencies except in certain specified instances.
This moratorium is to last for three years or until the state is no
longer facing financial deficits.
NEW SECTION. Sec. 102 A new section is added to chapter 34.05
RCW to read as follows:
(1) Agency rule making is suspended until the later of July 1,
2016, or such time as the economic and revenue forecast council reports
for three consecutive quarters that state revenue collections have
increased above the official forecast adopted pursuant to RCW 82.33.010
on or before February 20th in an even-numbered year or March 20th in an
odd-numbered year, except in the following cases:
(a) A rule is needed to implement a federal law and the rule is not
more stringent than federal law;
(b) A rule is needed to implement the terms of a governor-declared
state of emergency;
(c) A rule is needed by the department of health to respond to a
public health emergency;
(d) A rule is needed to set the times for the taking of wildlife,
fish, or shellfish pursuant to RCW 77.12.047(1) or 77.04.055(2); or
(e) Legislation enacted after January 1, 2013, specifically directs
that rule making be undertaken. Rules adopted under this subsection
(1)(e) must be approved by the legislature in the ensuing legislative
session before the rule may take effect.
(2) This section does not prohibit an agency from repealing rules.
Sec. 103 RCW 34.05.310 and 2011 c 298 s 20 are each amended to
read as follows:
(1) The provisions of this section are subject to section 102 of
this act.
(2)(a) To meet the intent of providing greater public access to
administrative rule making and to promote consensus among interested
parties, agencies must solicit comments from the public on a subject of
possible rule making before filing with the code reviser a notice of
proposed rule making under RCW 34.05.320. The agency must prepare a
statement of inquiry that:
(i) Identifies the specific statute or statutes authorizing the
agency to adopt rules on this subject;
(ii) Discusses why rules on this subject may be needed and what
they might accomplish;
(iii) Identifies other federal and state agencies that regulate
this subject, and describes the process whereby the agency would
coordinate the contemplated rule with these agencies;
(iv) Discusses the process by which the rule might be developed,
including, but not limited to, negotiated rule making, pilot rule
making, or agency study;
(v) Specifies the process by which interested parties can
effectively participate in the decision to adopt a new rule and
formulation of a proposed rule before its publication.
(b) The statement of inquiry must be filed with the code reviser
for publication in the state register at least thirty days before the
date the agency files notice of proposed rule making under RCW
34.05.320 and the statement, or a summary of the information contained
in that statement, must be sent to any party that has requested receipt
of the agency's statements of inquiry.
(((2))) (3) Agencies are encouraged to develop and use new
procedures for reaching agreement among interested parties before
publication of notice and the adoption hearing on a proposed rule.
Examples of new procedures include, but are not limited to:
(a) Negotiated rule making by which representatives of an agency
and of the interests that are affected by a subject of rule making,
including, where appropriate, county and city representatives, seek to
reach consensus on the terms of the proposed rule and on the process by
which it is negotiated; and
(b) Pilot rule making which includes testing the feasibility of
complying with or administering draft new rules or draft amendments to
existing rules through the use of volunteer pilot groups in various
areas and circumstances, as provided in RCW 34.05.313 or as otherwise
provided by the agency.
(((3))) (4)(a) An agency must make a determination whether
negotiated rule making, pilot rule making, or another process for
generating participation from interested parties prior to development
of the rule is appropriate.
(b) An agency must include a written justification in the rule-making file if an opportunity for interested parties to participate in
the rule-making process prior to publication of the proposed rule has
not been provided.
(((4))) (5) This section does not apply to:
(a) Emergency rules adopted under RCW 34.05.350;
(b) Rules relating only to internal governmental operations that
are not subject to violation by a nongovernment party;
(c) Rules adopting or incorporating by reference without material
change federal statutes or regulations, Washington state statutes,
rules of other Washington state agencies, shoreline master programs
other than those programs governing shorelines of statewide
significance, or, as referenced by Washington state law, national
consensus codes that generally establish industry standards, if the
material adopted or incorporated regulates the same subject matter and
conduct as the adopting or incorporating rule;
(d) Rules that only correct typographical errors, make address or
name changes, or clarify language of a rule without changing its
effect;
(e) Rules the content of which is explicitly and specifically
dictated by statute;
(f) Rules that set or adjust fees under the authority of RCW
19.02.075 or that set or adjust fees or rates pursuant to legislative
standards, including fees set or adjusted under the authority of RCW
19.80.045; or
(g) Rules that adopt, amend, or repeal:
(i) A procedure, practice, or requirement relating to agency
hearings; or
(ii) A filing or related process requirement for applying to an
agency for a license or permit.
Sec. 104 RCW 34.05.313 and 1995 c 403 s 303 are each amended to
read as follows:
(1) The provisions of this section are subject to section 102 of
this act.
(2) During the development of a rule or after its adoption, an
agency may develop methods for measuring or testing the feasibility of
complying with or administering the rule and for identifying simple,
efficient, and economical alternatives for achieving the goal of the
rule. A pilot project shall include public notice, participation by
volunteers who are or will be subject to the rule, a high level of
involvement from agency management, reasonable completion dates, and a
process by which one or more parties may withdraw from the process or
the process may be terminated. Volunteers who agree to test a rule and
attempt to meet the requirements of the draft rule, to report
periodically to the proposing agency on the extent of their ability to
meet the requirements of the draft rule, and to make recommendations
for improving the draft rule shall not be obligated to comply fully
with the rule being tested nor be subject to any enforcement action or
other sanction for failing to comply with the requirements of the draft
rule.
(((2))) (3) An agency conducting a pilot rule project authorized
under subsection (((1))) (2) of this section may waive one or more
provisions of agency rules otherwise applicable to participants in such
a pilot project if the agency first determines that such a waiver is in
the public interest and necessary to conduct the project. Such a
waiver may be only for a stated period of time, not to exceed the
duration of the project.
(((3))) (4) The findings of the pilot project should be widely
shared and, where appropriate, adopted as amendments to the rule.
(((4))) (5) If an agency conducts a pilot rule project in lieu of
meeting the requirements of the regulatory fairness act, chapter 19.85
RCW, the agency shall ensure the following conditions are met:
(a) If over ten small businesses are affected, there shall be at
least ten small businesses in the test group and at least one-half of
the volunteers participating in the pilot test group shall be small
businesses.
(b)(i) If there are at least one hundred businesses affected, the
participation by small businesses in the test group shall be as
follows:
(A) Not less than twenty percent of the small businesses must
employ twenty-six to fifty employees;
(B) Not less than twenty percent of the small businesses must
employ eleven to twenty-six employees; and
(C) Not less than twenty percent of the small businesses must
employ zero to ten employees.
(ii) If there do not exist a sufficient number of small businesses
in each size category set forth in (b)(i) of this subsection willing to
participate in the pilot project to meet the minimum requirements of
that subsection, then the agency must comply with this section to the
maximum extent practicable.
(c) The agency may not terminate the pilot project before
completion.
(d) Before filing the notice of proposed rule making pursuant to
RCW 34.05.320, the agency must prepare a report of the pilot rule
project that includes:
(i) A description of the difficulties small businesses had in
complying with the pilot rule;
(ii) A list of the recommended revisions to the rule to make
compliance with the rule easier or to reduce the cost of compliance
with the rule by the small businesses participating in the pilot rule
project;
(iii) A written statement explaining the options it considered to
resolve each of the difficulties described and a statement explaining
its reasons for not including a recommendation by the pilot test group
to revise the rule; and
(iv) If the agency was unable to meet the requirements set forth in
(b)(i) of this subsection, a written explanation of why it was unable
to do so and the steps the agency took to include small businesses in
the pilot project.
Sec. 105 RCW 34.05.320 and 2012 c 210 s 2 are each amended to
read as follows:
(1) The provisions of this section are subject to section 102 of
this act.
(2) At least twenty days before the rule-making hearing at which
the agency receives public comment regarding adoption of a rule, the
agency shall cause notice of the hearing to be published in the state
register. The publication constitutes the proposal of a rule. The
notice shall include all of the following:
(a) A title, a description of the rule's purpose, and any other
information which may be of assistance in identifying the rule or its
purpose;
(b) Citations of the statutory authority for adopting the rule and
the specific statute the rule is intended to implement;
(c) A short explanation of the rule, its purpose, and anticipated
effects, including in the case of a proposal that would modify existing
rules, a short description of the changes the proposal would make, and
a statement of the reasons supporting the proposed action;
(d) The agency personnel, with their office location and telephone
number, who are responsible for the drafting, implementation, and
enforcement of the rule;
(e) The name of the person or organization, whether private,
public, or governmental, proposing the rule;
(f) Agency comments or recommendations, if any, regarding statutory
language, implementation, enforcement, and fiscal matters pertaining to
the rule;
(g) Whether the rule is necessary as the result of federal law or
federal or state court action, and if so, a citation to such law or
court decision;
(h) When, where, and how persons may present their views on the
proposed rule;
(i) The date on which the agency intends to adopt the rule;
(j) A copy of the small business economic impact statement prepared
under chapter 19.85 RCW, or a copy of the school district fiscal impact
statement under RCW 28A.305.135 in the case of the state board of
education, or an explanation for why the agency did not prepare the
statement;
(k) A statement indicating whether RCW 34.05.328 applies to the
rule adoption; and
(l) If RCW 34.05.328 does apply, a statement indicating that a copy
of the preliminary cost-benefit analysis described in RCW
34.05.328(((1))) (2)(c) is available.
(((2))) (3)(a) Upon filing notice of the proposed rule with the
code reviser, the adopting agency shall have copies of the notice on
file and available for public inspection. Except as provided in (b) of
this subsection, the agency shall forward three copies of the notice to
the rules review committee.
(b) A pilot of at least ten agencies, including the departments of
labor and industries, fish and wildlife, revenue, ecology, retirement
systems, and health, shall file the copies required under this
subsection, as well as under RCW 34.05.350 and 34.05.353, with the
rules review committee electronically for a period of four years from
June 10, 2004. The office of regulatory assistance shall negotiate the
details of the pilot among the agencies, the legislature, and the code
reviser.
(((3))) (4) No later than three days after its publication in the
state register, the agency shall cause either a copy of the notice of
proposed rule adoption, or a summary of the information contained on
the notice, to be mailed to each person, city, and county that has made
a request to the agency for a mailed copy of such notices. An agency
may charge for the actual cost of providing a requesting party mailed
copies of these notices.
(((4))) (5) In addition to the notice required by subsections
(((1))) (2) and (((2))) (3) of this section, an institution of higher
education shall cause the notice to be published in the campus or
standard newspaper of the institution at least seven days before the
rule-making hearing.
Sec. 106 RCW 34.05.328 and 2011 c 298 s 21 and 2011 c 149 s 1 are
each reenacted and amended to read as follows:
(1) The provisions of this section are subject to section 102 of
this act.
(2) Before adopting a rule described in subsection (((5))) (7) of
this section, an agency must:
(a) Clearly state in detail the general goals and specific
objectives of the statute that the rule implements;
(b) Determine that the rule is needed to achieve the general goals
and specific objectives stated under (a) of this subsection, and
analyze alternatives to rule making and the consequences of not
adopting the rule;
(c) Provide notification in the notice of proposed rule making
under RCW 34.05.320 that a preliminary cost-benefit analysis is
available. The preliminary cost-benefit analysis must fulfill the
requirements of the cost-benefit analysis under (d) of this subsection.
If the agency files a supplemental notice under RCW 34.05.340, the
supplemental notice must include notification that a revised
preliminary cost-benefit analysis is available. A final cost-benefit
analysis must be available when the rule is adopted under RCW
34.05.360;
(d) Determine that the probable benefits of the rule are greater
than its probable costs, taking into account both the qualitative and
quantitative benefits and costs and the specific directives of the
statute being implemented;
(e) Determine, after considering alternative versions of the rule
and the analysis required under (b), (c), and (d) of this subsection,
that the rule being adopted is the least burdensome alternative for
those required to comply with it that will achieve the general goals
and specific objectives stated under (a) of this subsection;
(f) Determine that the rule does not require those to whom it
applies to take an action that violates requirements of another federal
or state law;
(g) Determine that the rule does not impose more stringent
performance requirements on private entities than on public entities
unless required to do so by federal or state law;
(h) Determine if the rule differs from any federal regulation or
statute applicable to the same activity or subject matter and, if so,
determine that the difference is justified by the following:
(i) A state statute that explicitly allows the agency to differ
from federal standards; or
(ii) Substantial evidence that the difference is necessary to
achieve the general goals and specific objectives stated under (a) of
this subsection; ((and))
(i) Coordinate the rule, to the maximum extent practicable, with
other federal, state, and local laws applicable to the same activity or
subject matter; and
(j) Receive the governor's signature on the final rule.
(((2))) (3) In making its determinations pursuant to subsection
(((1))) (2)(b) through (h) of this section, the agency must place in
the rule-making file documentation of sufficient quantity and quality
so as to persuade a reasonable person that the determinations are
justified.
(((3))) (4) Before adopting rules described in subsection (((5)))
(7) of this section, an agency must place in the rule-making file a
rule implementation plan for rules filed under each adopting order.
The plan must describe how the agency intends to:
(a) Implement and enforce the rule, including a description of the
resources the agency intends to use;
(b) Inform and educate affected persons about the rule;
(c) Promote and assist voluntary compliance; and
(d) Evaluate whether the rule achieves the purpose for which it was
adopted, including, to the maximum extent practicable, the use of
interim milestones to assess progress and the use of objectively
measurable outcomes.
(((4))) (6) The adoption of rules described in subsection (7) of
this section must be made before December 1st of any year, and the
rules may not take effect before the end of the regular legislative
session in the next year.
(7) After adopting a rule described in subsection (((5))) (7) of
this section regulating the same activity or subject matter as another
provision of federal or state law, an agency must do all of the
following:
(a) Coordinate implementation and enforcement of the rule with the
other federal and state entities regulating the same activity or
subject matter by making every effort to do one or more of the
following:
(i) Deferring to the other entity;
(ii) Designating a lead agency; or
(iii) Entering into an agreement with the other entities specifying
how the agency and entities will coordinate implementation and
enforcement.
If the agency is unable to comply with this subsection (((4)))
(6)(a), the agency must report to the legislature pursuant to (b) of
this subsection;
(b) Report to the joint administrative rules review committee:
(i) The existence of any overlap or duplication of other federal or
state laws, any differences from federal law, and any known overlap,
duplication, or conflict with local laws; and
(ii) Make recommendations for any legislation that may be necessary
to eliminate or mitigate any adverse effects of such overlap,
duplication, or difference.
(((5))) (7)(a) Except as provided in (b) of this subsection, this
section applies to:
(i) Significant legislative rules of the departments of ecology,
labor and industries, health, revenue, social and health services, and
natural resources, the employment security department, the forest
practices board, the office of the insurance commissioner, and to the
legislative rules of the department of fish and wildlife implementing
chapter 77.55 RCW; and
(ii) Any rule of any agency, if this section is voluntarily made
applicable to the rule by the agency, or is made applicable to the rule
by a majority vote of the joint administrative rules review committee
within forty-five days of receiving the notice of proposed rule making
under RCW 34.05.320.
(b) This section does not apply to:
(i) Emergency rules adopted under RCW 34.05.350;
(ii) Rules relating only to internal governmental operations that
are not subject to violation by a nongovernment party;
(iii) Rules adopting or incorporating by reference without material
change federal statutes or regulations, Washington state statutes,
rules of other Washington state agencies, shoreline master programs
other than those programs governing shorelines of statewide
significance, or, as referenced by Washington state law, national
consensus codes that generally establish industry standards, if the
material adopted or incorporated regulates the same subject matter and
conduct as the adopting or incorporating rule;
(iv) Rules that only correct typographical errors, make address or
name changes, or clarify language of a rule without changing its
effect;
(v) Rules the content of which is explicitly and specifically
dictated by statute;
(vi) Rules that set or adjust fees under the authority of RCW
19.02.075 or that set or adjust fees or rates pursuant to legislative
standards, including fees set or adjusted under the authority of RCW
19.80.045;
(vii) Rules of the department of social and health services
relating only to client medical or financial eligibility and rules
concerning liability for care of dependents; or
(viii) Rules of the department of revenue that adopt a uniform
expiration date for reseller permits as authorized in RCW 82.32.780 and
82.32.783.
(c) For purposes of this subsection:
(i) A "procedural rule" is a rule that adopts, amends, or repeals
(A) any procedure, practice, or requirement relating to any agency
hearings; (B) any filing or related process requirement for making
application to an agency for a license or permit; or (C) any policy
statement pertaining to the consistent internal operations of an
agency.
(ii) An "interpretive rule" is a rule, the violation of which does
not subject a person to a penalty or sanction, that sets forth the
agency's interpretation of statutory provisions it administers.
(iii) A "significant legislative rule" is a rule other than a
procedural or interpretive rule that (A) adopts substantive provisions
of law pursuant to delegated legislative authority, the violation of
which subjects a violator of such rule to a penalty or sanction; (B)
establishes, alters, or revokes any qualification or standard for the
issuance, suspension, or revocation of a license or permit; or (C)
adopts a new, or makes significant amendments to, a policy or
regulatory program.
(d) In the notice of proposed rule making under RCW 34.05.320, an
agency must state whether this section applies to the proposed rule
pursuant to (a)(i) of this subsection, or if the agency will apply this
section voluntarily.
(((6))) (8) By January 31, 1996, and by January 31st of each even-numbered year thereafter, the office of regulatory assistance, after
consulting with state agencies, counties, and cities, and business,
labor, and environmental organizations, must report to the governor and
the legislature regarding the effects of this section on the regulatory
system in this state. The report must document:
(a) The rules proposed to which this section applied and to the
extent possible, how compliance with this section affected the
substance of the rule, if any, that the agency ultimately adopted;
(b) The costs incurred by state agencies in complying with this
section;
(c) Any legal action maintained based upon the alleged failure of
any agency to comply with this section, the costs to the state of such
action, and the result;
(d) The extent to which this section has adversely affected the
capacity of agencies to fulfill their legislatively prescribed mission;
(e) The extent to which this section has improved the acceptability
of state rules to those regulated; and
(f) Any other information considered by the office of financial
management to be useful in evaluating the effect of this section.
NEW SECTION. Sec. 201 The legislature finds that many citizens,
employers, and local governments are struggling with nonemergency
regulatory burdens resulting in the loss of time, resources, employees,
and the ability to create job growth. At a time when state agencies
should be looking for ways to reduce the negative impacts of
nonemergency rules, they continue to produce a flow of new and
unnecessary changes to the Washington Administrative Code that are
stunting economic recovery in Washington state.
The citizens of Washington state elect state lawmakers to represent
them and, in turn, hold them accountable for their actions and the
outcomes of state government. If state agencies are placing costly
nonemergency regulatory burdens on citizens, it is the duty of state
lawmakers to address these problems directly within the legislative
process.
State agencies currently must provide economic impact statements in
a select few instances under the regulatory fairness act. In 2012, an
estimated forty-one statements were filed with the code reviser's
office despite the fact that there were thousands of changes to rules.
The system is set up so that even if there are economic and time
burdens placed on citizens, employers, or local governments, state
agencies may still go forward and enact the rules. This is detrimental
to the economic growth of Washington state.
The legislature intends to prevent regulatory bodies from having
the authority to place costly burdens on citizens, employers, and local
governments that will further damage Washington state's economy.
NEW SECTION. Sec. 202 A new section is added to chapter 34.05
RCW to read as follows:
(1) Before adoption of a rule, an agency must determine whether
compliance with the rule will result in a specified economic impact.
If the agency determines that a rule will result in a specified
economic impact, the agency must provide notification and may not
enforce the rule until the rule is enacted into law by the legislature.
(2) Not later than one hundred eighty days after the effective date
of this section, and annually thereafter, each agency shall determine
whether any of its rules has resulted in a specified economic impact in
the preceding year. If such a determination is made, the agency must
provide notification, and may no longer enforce the rule until the rule
is enacted into law by the legislature.
(3)(a) For purposes of this section, "provide notification" means
transmit the proposed or existing rule determined to result in a
specified economic impact and the findings supporting such a
determination, including relevant public comments in the case of a
proposed rule, to the code reviser for publication in the state
register and to the appropriate committees of the senate and the house
of representatives.
(b) For purposes of this section, "specified economic impact" means
any of the following:
(i) Costs to any individual of one thousand dollars or more in a
year; or
(ii) Costs to any business, partnership, corporation, association,
or public or private organization, but not including state government,
of five thousand dollars or more in a year.
(4) Any person may commence an action in the superior court either
for an injunction or writ of mandamus for compliance of this section.
NEW SECTION. Sec. 301 The legislature finds that there have been
instances where regulatory agencies discovered actions by a regulated
entity that are in error after reports have been accepted and approved
or inspections have been conducted and approved. Retroactively
applying fines after governmental approval creates an unfriendly
business environment and can place unexpected financial burdens on
businesses. Businesses should be able to rely on government approval
and acceptance of reports and inspections and not risk penalties when
mistakes are made by government personnel or contractors. It is the
intent of the legislature that regulated parties who have received
acceptance and approval by the regulating government authority should
not be subsequently fined or penalized, but should be encouraged to
correct action that is deemed in error or violates reporting or
inspection requirements during the next reporting period. The
regulating authority should notify the regulated party of the violation
to prevent future violations.
NEW SECTION. Sec. 302 A new section is added to chapter 34.05
RCW to read as follows:
(1) An agency may not issue a fine or impose a penalty on a person
if:
(a) An inspection is approved by an official of the agency
requiring the inspection and a subsequent reevaluation of the approved
inspection by the regulating agency identifies a violation by the
regulated party; or
(b) Documentation required under an agency's reporting requirements
is submitted to the agency by a regulated party and is accepted and
approved by the regulating agency and a subsequent reevaluation of the
approved documentation identifies a violation based on failure to
provide required documentation or information.
(2) A rule adopted under this chapter may not authorize the
imposition of a civil fine on a person based on the following
circumstances if:
(a) An inspection is approved by an official of the agency
requiring the inspection and a subsequent reevaluation of the approved
inspection by the regulating agency identifies a violation by the
regulated party; or
(b) Documentation required under an agency's reporting requirements
is submitted to the agency by a regulated party and is accepted and
approved by the regulating agency and a subsequent reevaluation of the
approved documentation identifies a violation based on failure to
provide required documentation or information.
(3) Violations identified after an inspection or documentation has
been approved may be remedied through technical assistance provided to
the regulated party allowing correction of the circumstances of the
violation for future reporting periods or inspections.
Sec. 401 RCW 34.05.570 and 2004 c 30 s 1 are each amended to read
as follows:
(1) Generally. Except to the extent that this chapter or another
statute provides otherwise:
(a) The burden of demonstrating the invalidity of agency action is
on the party asserting invalidity;
(b) The validity of agency action shall be determined in accordance
with the standards of review provided in this section, as applied to
the agency action at the time it was taken;
(c) The court shall make a separate and distinct ruling on each
material issue on which the court's decision is based; and
(d) The court shall grant relief only if it determines that a
person seeking judicial relief has been substantially prejudiced by the
action complained of.
(2) Review of rules. (a) A rule may be reviewed by petition for
declaratory judgment filed pursuant to this subsection or in the
context of any other review proceeding under this section. In an
action challenging the validity of a rule, the agency shall be made a
party to the proceeding.
(b)(((i))) The validity of any rule may be determined upon petition
for a declaratory judgment addressed to the superior court of Thurston
county, when it appears that the rule, or its threatened application,
interferes with or impairs or immediately threatens to interfere with
or impair the legal rights or privileges of the petitioner. The
declaratory judgment order may be entered whether or not the petitioner
has first requested the agency to pass upon the validity of the rule in
question.
(((ii) From June 10, 2004, until July 1, 2008:)) (i) If the petitioner's residence or principal place of
business is within the geographical boundaries of the third division of
the court of appeals as defined by RCW 2.06.020(3), the petition may be
filed in the superior court of Spokane, Yakima, or Thurston county; and
(A)
(((B))) (ii) If the petitioner's residence or principal place of
business is within the geographical boundaries of district three of the
first division of the court of appeals as defined by RCW 2.06.020(1),
the petition may be filed in the superior court of Whatcom or Thurston
county.
(c) In a proceeding involving review of a rule, the court shall
declare the rule invalid only if it finds that: The rule violates
constitutional provisions; the rule exceeds the statutory authority of
the agency; the rule was adopted without compliance with statutory
rule-making procedures; or the rule is arbitrary and capricious. For
purposes of this subsection, in determining whether a rule exceeds the
agency's statutory authority, the court must also consider whether the
rule exceeds the limited delegation under section 437 of this act.
(3) Review of agency orders in adjudicative proceedings. The court
shall grant relief from an agency order in an adjudicative proceeding
only if it determines that:
(a) The order, or the statute or rule on which the order is based,
is in violation of constitutional provisions on its face or as applied;
(b) The order is outside the statutory authority or jurisdiction of
the agency conferred by any provision of law;
(c) The agency has engaged in unlawful procedure or decision-making
process, or has failed to follow a prescribed procedure;
(d) The agency has erroneously interpreted or applied the law;
(e) The order is not supported by evidence that is substantial when
viewed in light of the whole record before the court, which includes
the agency record for judicial review, supplemented by any additional
evidence received by the court under this chapter;
(f) The agency has not decided all issues requiring resolution by
the agency;
(g) A motion for disqualification under RCW 34.05.425 or 34.12.050
was made and was improperly denied or, if no motion was made, facts are
shown to support the grant of such a motion that were not known and
were not reasonably discoverable by the challenging party at the
appropriate time for making such a motion;
(h) The order is inconsistent with a rule of the agency unless the
agency explains the inconsistency by stating facts and reasons to
demonstrate a rational basis for inconsistency; or
(i) The order is arbitrary or capricious.
(4) Review of other agency action.
(a) All agency action not reviewable under subsection (2) or (3) of
this section shall be reviewed under this subsection.
(b) A person whose rights are violated by an agency's failure to
perform a duty that is required by law to be performed may file a
petition for review pursuant to RCW 34.05.514, seeking an order
pursuant to this subsection requiring performance. Within twenty days
after service of the petition for review, the agency shall file and
serve an answer to the petition, made in the same manner as an answer
to a complaint in a civil action. The court may hear evidence,
pursuant to RCW 34.05.562, on material issues of fact raised by the
petition and answer.
(c) Relief for persons aggrieved by the performance of an agency
action, including the exercise of discretion, or an action under (b) of
this subsection can be granted only if the court determines that the
action is:
(i) Unconstitutional;
(ii) Outside the statutory authority of the agency or the authority
conferred by a provision of law;
(iii) Arbitrary or capricious; or
(iv) Taken by persons who were not properly constituted as agency
officials lawfully entitled to take such action.
Sec. 402 RCW 28A.300.040 and 2011 1st sp.s. c 43 s 302 are each
amended to read as follows:
(1) In addition to any other powers and duties as provided by law,
the powers and duties of the superintendent of public instruction shall
be:
(((1))) (a) To have supervision over all matters pertaining to the
public schools of the state;
(((2))) (b) To report to the governor and the legislature such
information and data as may be required for the management and
improvement of the schools;
(((3))) (c) To prepare and have printed such forms, registers,
courses of study, rules for the government of the common schools, and
such other material and books as may be necessary for the discharge of
the duties of teachers and officials charged with the administration of
the laws relating to the common schools, and to distribute the same to
educational service district superintendents;
(((4))) (d) To travel, without neglecting his or her other official
duties as superintendent of public instruction, for the purpose of
attending educational meetings or conventions, of visiting schools, and
of consulting educational service district superintendents or other
school officials;
(((5))) (e) To prepare and from time to time to revise a manual of
the Washington state common school code, copies of which shall be made
available online and which shall be sold at approximate actual cost of
publication and distribution per volume to public and nonpublic
agencies or individuals, said manual to contain Titles 28A and 28C RCW,
rules related to the common schools, and such other matter as the state
superintendent or the state board of education shall determine;
(((6))) (f) To file all papers, reports and public documents
transmitted to the superintendent by the school officials of the
several counties or districts of the state, each year separately.
Copies of all papers filed in the superintendent's office, and the
superintendent's official acts, may, or upon request, shall be
certified by the superintendent and attested by the superintendent's
official seal, and when so certified shall be evidence of the papers or
acts so certified to;
(((7))) (g) To require annually, on or before the 15th day of
August, of the president, manager, or principal of every educational
institution in this state, a report as required by the superintendent
of public instruction; and it is the duty of every president, manager,
or principal, to complete and return such forms within such time as the
superintendent of public instruction shall direct;
(((8))) (h) To keep in the superintendent's office a record of all
teachers receiving certificates to teach in the common schools of this
state;
(((9))) (i) To issue certificates as provided by law;
(((10))) (j) To keep in the superintendent's office at the capital
of the state, all books and papers pertaining to the business of the
superintendent's office, and to keep and preserve in the
superintendent's office a complete record of statistics, as well as a
record of the meetings of the state board of education;
(((11))) (k) With the assistance of the office of the attorney
general, to decide all points of law which may be submitted to the
superintendent in writing by any educational service district
superintendent, or that may be submitted to the superintendent by any
other person, upon appeal from the decision of any educational service
district superintendent; and the superintendent shall publish his or
her rulings and decisions from time to time for the information of
school officials and teachers; and the superintendent's decision shall
be final unless set aside by a court of competent jurisdiction;
(((12))) (l) To administer oaths and affirmations in the discharge
of the superintendent's official duties;
(((13))) (m) To deliver to his or her successor, at the expiration
of the superintendent's term of office, all records, books, maps,
documents and papers of whatever kind belonging to the superintendent's
office or which may have been received by the superintendent's for the
use of the superintendent's office;
(((14))) (n) To administer family services and programs to promote
the state's policy as provided in RCW 74.14A.025;
(((15))) (o) To promote the adoption of school-based curricula and
policies that provide quality, daily physical education for all
students, and to encourage policies that provide all students with
opportunities for physical activity outside of formal physical
education classes;
(((16))) (p) To perform such other duties as may be required by
law.
(2) For rules adopted under the provisions of this chapter after
August 1, 2013, the superintendent of public instruction may adopt only
rules derived from a specific grant of legislative authority. The
rules must include the specific statutory section or sections from
which the grant of authority is derived, and may not rely solely on a
section of law stating a statute's intent or purpose or the general
enabling provisions establishing the office of the superintendent of
public instruction.
Sec. 403 RCW 41.50.050 and 1995 c 239 s 317 are each amended to
read as follows:
The director shall:
(1) Have the authority to organize the department into not more
than four divisions, each headed by an assistant director;
(2) Have free access to all files and records of various funds
assigned to the department and inspect and audit the files and records
as deemed necessary;
(3) Employ personnel to carry out the general administration of the
department;
(4) Submit an annual written report of the activities of the
department to the governor and the chairs of the appropriate
legislative committees with one copy to the staff of each of the
committees, including recommendations for statutory changes the
director believes to be desirable;
(5) Adopt ((such)) rules ((and regulations)) as are necessary to
carry out the powers, duties, and functions of the department pursuant
to the provisions of chapter 34.05 RCW. For rules adopted under the
provisions of this chapter after August 1, 2013, the director may adopt
only rules derived from a specific grant of legislative authority. The
rules must include the specific statutory section or sections from
which the grant of authority is derived, and may not rely solely on a
section of law stating a statute's intent or purpose or the general
enabling provisions establishing the department.
Sec. 404 RCW 43.06A.030 and 1996 c 131 s 4 are each amended to
read as follows:
The ombudsman shall perform the following duties:
(1) Provide information as appropriate on the rights and
responsibilities of individuals receiving family and children's
services, and on the procedures for providing these services;
(2) Investigate, upon his or her own initiative or upon receipt of
a complaint, an administrative act alleged to be contrary to law, rule,
or policy, imposed without an adequate statement of reason, or based on
irrelevant, immaterial, or erroneous grounds; however, the ombudsman
may decline to investigate any complaint as provided by rules adopted
under this chapter;
(3) Monitor the procedures as established, implemented, and
practiced by the department to carry out its responsibilities in
delivering family and children's services with a view toward
appropriate preservation of families and ensuring children's health and
safety;
(4) Review periodically the facilities and procedures of state
institutions serving children, and state-licensed facilities or
residences;
(5) Recommend changes in the procedures for addressing the needs of
families and children;
(6) Submit annually to the committee and to the governor by
November 1st a report analyzing the work of the office including
recommendations;
(7) Grant the committee access to all relevant records in the
possession of the ombudsman unless prohibited by law; and
(8) Adopt rules necessary to implement this chapter. For rules
adopted under the provisions of this chapter after August 1, 2013, the
ombudsman may adopt only rules derived from a specific grant of
legislative authority. The rules must include the specific statutory
section or sections from which the grant of authority is derived, and
may not rely solely on a section of law stating a statute's intent or
purpose or the general enabling provisions establishing the department
or the ombudsman's office.
NEW SECTION. Sec. 405 A new section is added to chapter 43.17
RCW to read as follows:
For rules adopted under the provisions of this chapter after August
1, 2013, the director of each department may adopt only rules derived
from a specific grant of legislative authority. The rules must include
the specific statutory section or sections from which the grant of
authority is derived, and may not rely solely on a section of law
stating a statute's intent or purpose or the general enabling
provisions establishing each department.
Sec. 406 RCW 43.19.011 and 2011 1st sp.s. c 43 s 201 are each
amended to read as follows:
(1) The director of enterprise services shall supervise and
administer the activities of the department of enterprise services and
shall advise the governor and the legislature with respect to matters
under the jurisdiction of the department.
(2) In addition to other powers and duties granted to the director,
the director shall have the following powers and duties:
(a) Enter into contracts on behalf of the state to carry out the
purposes of this chapter;
(b) Accept and expend gifts and grants that are related to the
purposes of this chapter, whether such grants be of federal or other
funds;
(c) Appoint deputy and assistant directors and such other special
assistants as may be needed to administer the department. These
employees are exempt from the provisions of chapter 41.06 RCW;
(d) Adopt rules in accordance with chapter 34.05 RCW and perform
all other functions necessary and proper to carry out the purposes of
this chapter. For rules adopted under the provisions of this chapter
after August 1, 2013, the director may adopt only rules derived from a
specific grant of legislative authority. The rules must include the
specific statutory section or sections from which the grant of
authority is derived, and may not rely solely on a section of law
stating a statute's intent or purpose or the general enabling
provisions establishing the department;
(e) Delegate powers, duties, and functions as the director deems
necessary for efficient administration, but the director shall be
responsible for the official acts of the officers and employees of the
department;
(f) Apply for grants from public and private entities, and receive
and administer any grant funding received for the purpose and intent of
this chapter; and
(g) Perform other duties as are necessary and consistent with law.
(3) The director may establish additional advisory groups as may be
necessary to carry out the purposes of this chapter.
Sec. 407 RCW 43.21A.064 and 1997 c 443 s 2 are each amended to
read as follows:
Subject to RCW 43.21A.068, the director of the department of
ecology shall have the following powers and duties:
(1) The supervision of public waters within the state and their
appropriation, diversion, and use, and of the various officers
connected therewith;
(2) Insofar as may be necessary to ((assure)) ensure safety to life
or property, the director shall inspect the construction of all dams,
canals, ditches, irrigation systems, hydraulic power plants, and all
other works, systems, and plants pertaining to the use of water, and
may require such necessary changes in the construction or maintenance
of said works, to be made from time to time, as will reasonably secure
safety to life and property;
(3) The director shall regulate and control the diversion of water
in accordance with the rights thereto;
(4) The director shall determine the discharge of streams and
springs and other sources of water supply, and the capacities of lakes
and of reservoirs whose waters are being or may be utilized for
beneficial purposes;
(5) The director shall, if requested, provide assistance to an
applicant for a water right in obtaining or developing an adequate and
appropriate supply of water consistent with the land use permitted for
the area in which the water is to be used and the population forecast
for the area under RCW 43.62.035. If the applicant is a public water
supply system, the supply being sought must be used in a manner
consistent with applicable land use, watershed and water system plans,
and the population forecast for that area provided under RCW 43.62.035;
(6) The director shall keep such records as may be necessary for
the recording of the financial transactions and statistical data
thereof, and shall procure all necessary documents, forms, and blanks.
The director shall keep a seal of the office, and all certificates
covering any of the director's acts or the acts of the director's
office, or the records and files of that office, under such seal, shall
be taken as evidence thereof in all courts;
(7) The director shall render when required by the governor, a full
written report of the office's work with such recommendations for
legislation as the director deems advisable for the better control and
development of the water resources of the state;
(8) The director and duly authorized deputies may administer oaths;
(9) The director shall establish and ((promulgate)) adopt rules
governing the administration of chapter 90.03 RCW. For rules adopted
under the provisions of this chapter after August 1, 2013, the director
may adopt only rules derived from a specific grant of legislative
authority. The rules must include the specific statutory section or
sections from which the grant of authority is derived, and may not rely
solely on a section of law stating a statute's intent or purpose or the
general enabling provisions establishing the department;
(10) The director shall perform such other duties as may be
prescribed by law.
Sec. 408 RCW 43.24.016 and 1999 c 240 s 4 are each amended to
read as follows:
(1) The director of licensing shall supervise and administer the
activities of the department of licensing and shall advise the governor
and the legislature with respect to matters under the jurisdiction of
the department.
(2) In addition to other powers and duties granted to the director,
the director has the following powers and duties:
(a) Enter into contracts on behalf of the state to carry out the
responsibilities of the department;
(b) Accept and expend gifts and grants, whether such grants be of
federal or other funds;
(c) Appoint a deputy director and such assistant directors, special
assistants, and administrators as may be needed to administer the
department. These employees are exempt from the provisions of chapter
41.06 RCW;
(d) Adopt rules in accordance with chapter 34.05 RCW and perform
all other functions necessary to carry out the responsibilities of the
department. For rules adopted under the provisions of this chapter
after August 1, 2013, the director may adopt only rules derived from a
specific grant of legislative authority. The rules must include the
specific statutory section or sections from which the grant of
authority is derived, and may not rely solely on a section of law
stating a statute's intent or purpose or the general enabling
provisions establishing the department;
(e) Delegate powers, duties, and functions as the director deems
necessary for efficient administration, but the director is responsible
for the official acts of the officers and employees of the department;
and
(f) Perform other duties as are necessary and consistent with law.
(3) The director may establish advisory groups as may be necessary
to carry out the responsibilities of the department.
(4) The internal affairs of the department shall be under the
control of the director in order that the director may manage the
department in a flexible and intelligent manner as dictated by changing
contemporary circumstances. Unless specifically limited by law, the
director shall have complete charge and supervisory powers over the
department. The director may create such administrative structures as
the director deems appropriate, except as otherwise specified by law,
and the director may employ such personnel as may be necessary in
accordance with chapter 41.06 RCW, except as otherwise provided by law.
Sec. 409 RCW 43.27A.090 and 1988 c 127 s 25 are each amended to
read as follows:
The department shall be empowered as follows:
(1) To represent the state at, and fully participate in, the
activities of any basin or regional commission, interagency committee,
or any other joint interstate or federal-state agency, committee or
commission, or publicly financed entity engaged in the planning,
development, administration, management, conservation or preservation
of the water resources of the state.
(2) To prepare the views and recommendations of the state of
Washington on any project, plan or program relating to the planning,
development, administration, management, conservation and preservation
of any waters located in or affecting the state of Washington,
including any federal permit or license proposal, and appear on behalf
of, and present views and recommendations of the state at any
proceeding, negotiation or hearing conducted by the federal government,
interstate agency, state or other agency.
(3) To cooperate with, assist, advise and coordinate plans with the
federal government and its officers and agencies, and serve as a state
liaison agency with the federal government in matters relating to the
use, conservation, preservation, quality, disposal or control of water
and activities related thereto.
(4) To cooperate with appropriate agencies of the federal
government and/or agencies of other states, to enter into contracts,
and to make appropriate contributions to federal or interstate projects
and programs and governmental bodies to carry out the provisions of
this chapter.
(5) To apply for, accept, administer and expend grants, gifts and
loans from the federal government or any other entity to carry out the
purposes of this chapter and make contracts and do such other acts as
are necessary insofar as they are not inconsistent with other
provisions hereof.
(6) To develop and maintain a coordinated and comprehensive state
water and water resources related development plan, and adopt, with
regard to such plan, such policies as are necessary to ((insure))
ensure that the waters of the state are used, conserved and preserved
for the best interest of the state. There shall be included in the
state plan a description of developmental objectives and a statement of
the recommended means of accomplishing these objectives. To the extent
the director deems desirable, the plan shall integrate into the state
plan, the plans, programs, reports, research and studies of other state
agencies.
(7) To assemble and correlate information relating to water supply,
power development, irrigation, watersheds, water use, future
possibilities of water use and prospective demands for all purposes
served through or affected by water resources development.
(8) To assemble and correlate state, local and federal laws,
regulations, plans, programs and policies affecting the beneficial use,
disposal, pollution, control or conservation of water, river basin
development, flood prevention, parks, reservations, forests, wildlife
refuges, drainage and sanitary systems, waste disposal, water works,
watershed protection and development, soil conservation, power
facilities and area and municipal water supply needs, and recommend
suitable legislation or other action to the legislature, the congress
of the United States, or any city, municipality, or to responsible
state, local or federal executive departments or agencies.
(9) To cooperate with federal, state, regional, interstate and
local public and private agencies in the making of plans for drainage,
flood control, use, conservation, allocation and distribution of
existing water supplies and the development of new water resource
projects.
(10) To encourage, assist and advise regional, and city and
municipal agencies, officials or bodies responsible for planning in
relation to water aspects of their programs, and coordinate local water
resources activities, programs, and plans.
(11) To ((promulgate such)) adopt rules ((and regulations)) as are
necessary to carry out the purposes of this chapter. For rules adopted
under the provisions of this chapter after August 1, 2013, the
department may adopt only rules derived from a specific grant of
legislative authority. The rules must include the specific statutory
section or sections from which the grant of authority is derived, and
may not rely solely on a section of law stating a statute's intent or
purpose or the general enabling provisions establishing the department.
(12) To hold public hearings, and make such investigations, studies
and surveys as are necessary to carry out the purposes of the chapter.
(13) To subpoena witnesses, compel their attendance, administer
oaths, take the testimony of any person under oath and require the
production of any books or papers when the department deems such
measures necessary in the exercise of its rule-making power or in
determining whether or not any license, certificate, or permit shall be
granted or extended.
Sec. 410 RCW 43.30.215 and 2011 c 355 s 1 are each amended to
read as follows:
The board shall:
(1) Perform duties relating to appraisal, appeal, approval, and
hearing functions as provided by law;
(2) Establish policies to ensure that the acquisition, management,
and disposition of all lands and resources within the department's
jurisdiction are based on sound principles designed to achieve the
maximum effective development and use of such lands and resources
consistent with laws applicable thereto;
(3) Constitute the board of appraisers provided for in Article 16,
section 2 of the state Constitution;
(4) Constitute the commission on harbor lines provided for in
Article 15, section 1 of the state Constitution as amended;
(5) Constitute the board on geographic names as provided for in RCW
43.30.291 through 43.30.295; and
(6) Adopt and enforce rules as may be deemed necessary and proper
for carrying out the powers, duties, and functions imposed upon it by
this chapter. For rules adopted under the provisions of this chapter
after August 1, 2013, the board may adopt only rules derived from a
specific grant of legislative authority. The rules must include the
specific statutory section or sections from which the grant of
authority is derived, and may not rely solely on a section of law
stating a statute's intent or purpose or the general enabling
provisions establishing the board or the department.
Sec. 411 RCW 43.31C.060 and 2000 c 212 s 7 are each amended to
read as follows:
The department must administer this chapter and has the following
powers and duties:
(1) To monitor the implementation of chapter 212, Laws of 2000 and
submit reports evaluating the effectiveness of the program and any
suggestions for legislative changes to the governor and legislature by
December 1, 2000;
(2) To develop evaluation and performance measures for local
governments to measure the effectiveness of the program at the local
level on meeting the objectives of this chapter;
(3) To provide information and appropriate assistance to persons
desiring to locate and operate a business in a community empowerment
zone;
(4) To work with appropriate state agencies to coordinate the
delivery of programs, including but not limited to housing, community
and economic development, small business assistance, social service,
and employment and training programs which are carried on in a
community empowerment zone; and
(5) To develop rules necessary for the administration of this
chapter. For rules adopted under the provisions of this chapter after
August 1, 2013, the department may adopt only rules derived from a
specific grant of legislative authority. The rules must include the
specific statutory section or sections from which the grant of
authority is derived, and may not rely solely on a section of law
stating a statute's intent or purpose or the general enabling
provisions establishing the department.
Sec. 412 RCW 43.33.040 and 2009 c 549 s 5112 are each amended to
read as follows:
The state finance committee may ((make)) adopt appropriate rules
((and regulations)) for the performance of its duties. The state
treasurer shall act as chair of the committee. For rules adopted under
the provisions of this chapter after August 1, 2013, the state finance
committee may adopt only rules derived from a specific grant of
legislative authority. The rules must include the specific statutory
section or sections from which the grant of authority is derived, and
may not rely solely on a section of law stating a statute's intent or
purpose or the general enabling provisions establishing the state
finance committee.
Sec. 413 RCW 43.33A.110 and 1994 c 154 s 310 are each amended to
read as follows:
The state investment board may ((make)) adopt appropriate rules
((and regulations)) for the performance of its duties. The board shall
establish investment policies and procedures designed exclusively to
maximize return at a prudent level of risk. However, in the case of
the department of labor and industries' accident, medical aid, and
reserve funds, the board shall establish investment policies and
procedures designed to attempt to limit fluctuations in industrial
insurance premiums and, subject to this purpose, to maximize return at
a prudent level of risk. The board shall adopt rules to ensure that
its members perform their functions in compliance with chapter 42.52
RCW. Rules adopted by the board shall be adopted pursuant to chapter
34.05 RCW.
For rules adopted under the provisions of this chapter after August
1, 2013, the state investment board may adopt only rules derived from
a specific grant of legislative authority. The rules must include the
specific statutory section or sections from which the grant of
authority is derived, and may not rely solely on a section of law
stating a statute's intent or purpose or the general enabling
provisions establishing the state investment board.
Sec. 414 RCW 43.59.070 and 1967 ex.s. c 147 s 8 are each amended
to read as follows:
The director shall be secretary of the commission and shall be
responsible for carrying into effect the commission's orders and rules
((and regulations promulgated)) adopted by the commission. The
director shall also be authorized to employ such staff as is necessary
pursuant to the provisions of chapter 41.06 RCW. The commission shall
adopt ((such)) rules ((and regulations)) as shall be necessary to carry
into effect the purposes of this chapter.
For rules adopted under the provisions of this chapter after August
1, 2013, the Washington state traffic safety commission may adopt only
rules derived from a specific grant of legislative authority. The
rules must include the specific statutory section or sections from
which the grant of authority is derived, and may not rely solely on a
section of law stating a statute's intent or purpose or the general
enabling provisions establishing the commission.
Sec. 415 RCW 43.61.040 and 1977 c 75 s 60 are each amended to
read as follows:
The director of veterans affairs shall ((make such)) adopt rules
((and regulations)) as may be necessary to carry out the purposes of
this chapter. For rules adopted under the provisions of this chapter
after August 1, 2013, the director of veterans affairs may adopt only
rules derived from a specific grant of legislative authority. The
rules must include the specific statutory section or sections from
which the grant of authority is derived, and may not rely solely on a
section of law stating a statute's intent or purpose or the general
enabling provisions establishing the department of veterans affairs.
The department shall furnish information, advice, and assistance to
veterans and coordinate all programs and services in the field of
veterans' claims service, education, health, vocational guidance and
placement, and services not provided by some other agency of the state
or by the federal government. The director shall submit a report of
the departments' activities hereunder each year to the governor.
Sec. 416 RCW 43.63A.475 and 1993 c 124 s 2 are each amended to
read as follows:
The department shall adopt all rules under chapter 34.05 RCW
necessary to implement chapter 124, Laws of 1993, giving due
consideration to standards and regulations adopted by the secretary of
housing and urban development under the National Manufactured Housing
Construction and Safety Standards Act of 1974 (800 Stat. 700; 42 U.S.C.
Secs. 5401-5426) for manufactured housing construction and safety
standards. For rules adopted under the provisions of this chapter
after August 1, 2013, the department of commerce may adopt only rules
derived from a specific grant of legislative authority. The rules must
include the specific statutory section or sections from which the grant
of authority is derived, and may not rely solely on a section of law
stating a statute's intent or purpose or the general enabling
provisions establishing the department of commerce.
Sec. 417 RCW 43.70.580 and 1995 c 43 s 3 are each amended to read
as follows:
The primary responsibility of the public health system, is to take
those actions necessary to protect, promote, and improve the health of
the population. In order to accomplish this, the department shall:
(1) Identify, as part of the public health improvement plan, the
key health outcomes sought for the population and the capacity needed
by the public health system to fulfill its responsibilities in
improving health outcomes.
(2)(a) Distribute state funds that, in conjunction with local
revenues, are intended to improve the capacity of the public health
system. The distribution methodology shall encourage system-wide
effectiveness and efficiency and provide local health jurisdictions
with the flexibility both to determine governance structures and
address their unique needs.
(b) Enter into with each local health jurisdiction performance-based contracts that establish clear measures of the degree to which
the local health jurisdiction is attaining the capacity necessary to
improve health outcomes. The contracts negotiated between the local
health jurisdictions and the department of health must identify the
specific measurable progress that local health jurisdictions will make
toward achieving health outcomes. A community assessment conducted by
the local health jurisdiction according to the public health
improvement plan, which shall include the results of the comprehensive
plan prepared according to RCW 70.190.130, will be used as the basis
for identifying the health outcomes. The contracts shall include
provisions to encourage collaboration among local health jurisdictions.
State funds shall be used solely to expand and complement, but not to
supplant city and county government support for public health programs.
(3) Develop criteria to assess the degree to which capacity is
being achieved and ensure compliance by public health jurisdictions.
(4) Adopt rules necessary to carry out the purposes of chapter 43,
Laws of 1995. For rules adopted under the provisions of this chapter
after August 1, 2013, the department may adopt only rules derived from
a specific grant of legislative authority. The rules must include the
specific statutory section or sections from which the grant of
authority is derived, and may not rely solely on a section of law
stating a statute's intent or purpose or the general enabling
provisions establishing the department.
(5) Biennially, within the public health improvement plan, evaluate
the effectiveness of the public health system, assess the degree to
which the public health system is attaining the capacity to improve the
status of the public's health, and report progress made by each local
health jurisdiction toward improving health outcomes.
Sec. 418 RCW 43.101.085 and 2006 c 22 s 1 are each amended to
read as follows:
In addition to its other powers granted under this chapter, the
commission has authority and power to:
(1) Adopt, amend, or repeal rules as necessary to carry out this
chapter. For rules adopted under the provisions of this chapter after
August 1, 2013, the commission may adopt only rules derived from a
specific grant of legislative authority. The rules must include the
specific statutory section or sections from which the grant of
authority is derived, and may not rely solely on a section of law
stating a statute's intent or purpose or the general enabling
provisions establishing the commission;
(2) Issue subpoenas and administer oaths in connection with
investigations, hearings, or other proceedings held under this chapter;
(3) Take or cause to be taken depositions and other discovery
procedures as needed in investigations, hearings, and other proceedings
held under this chapter;
(4) Appoint members of a hearings board as provided under RCW
43.101.380;
(5) Enter into contracts for professional services determined by
the commission to be necessary for adequate enforcement of this
chapter;
(6) Grant, deny, or revoke certification of peace officers under
the provisions of this chapter;
(7) Designate individuals authorized to sign subpoenas and
statements of charges under the provisions of this chapter;
(8) Employ such investigative, administrative, and clerical staff
as necessary for the enforcement of this chapter; and
(9) ((To)) Grant, deny, or revoke certification of tribal police
officers whose tribal governments have agreed to participate in the
tribal police officer certification process.
Sec. 419 RCW 43.115.040 and 2009 c 549 s 5170 are each amended to
read as follows:
The commission shall have the following powers and duties:
(1) Elect one of its members to serve as chair;
(2) Adopt rules ((and regulations)) pursuant to chapter 34.05 RCW.
For rules adopted under the provisions of this chapter after August 1,
2013, the commission may adopt only rules derived from a specific grant
of legislative authority. The rules must include the specific
statutory section or sections from which the grant of authority is
derived, and may not rely solely on a section of law stating a
statute's intent or purpose or the general enabling provisions
establishing the commission;
(3) Examine and define issues pertaining to the rights and needs of
Hispanics, and make recommendations to the governor and state agencies
for changes in programs and laws;
(4) Advise the governor and state agencies on the development and
implementation of policies, plans, and programs that relate to the
special needs of Hispanics;
(5) Advise the legislature on issues of concern to the Hispanic
community;
(6) Establish relationships with state agencies, local governments,
and private sector organizations that promote equal opportunity and
benefits for Hispanics; and
(7) Receive gifts, grants, and endowments from public or private
sources that are made for the use or benefit of the commission and
expend, without appropriation, the same or any income from the gifts,
grants, or endowments according to their terms.
Sec. 420 RCW 43.117.050 and 2009 c 549 s 5172 are each amended to
read as follows:
The commission shall:
(1) Elect one of its members to serve as chair; and also such other
officers as necessary to form an executive committee;
(2) Adopt rules ((and regulations)) pursuant to chapter 34.05 RCW.
For rules adopted under the provisions of this chapter after August 1,
2013, the commission may adopt only rules derived from a specific grant
of legislative authority. The rules must include the specific
statutory section or sections from which the grant of authority is
derived, and may not rely solely on a section of law stating a
statute's intent or purpose or the general enabling provisions
establishing the commission;
(3) Meet at the call of the chair or the call of a majority of its
members, but in no case less often than once during any three month
period;
(4) Be authorized to appoint such citizen task force as it deems
appropriate.
Sec. 421 RCW 43.155.040 and 1985 c 446 s 10 are each amended to
read as follows:
The board may:
(1) Accept from any state or federal agency, loans or grants for
the planning or financing of any public works project and enter into
agreements with any such agency concerning the loans or grants;
(2) Provide technical assistance to local governments;
(3) Accept any gifts, grants, or loans of funds, property, or
financial or other aid in any form from any other source on any terms
and conditions which are not in conflict with this chapter;
(4) Adopt rules under chapter 34.05 RCW as necessary to carry out
the purposes of this chapter. For rules adopted under the provisions
of this chapter after August 1, 2013, the board may adopt only rules
derived from a specific grant of legislative authority. The rules must
include the specific statutory section or sections from which the grant
of authority is derived, and may not rely solely on a section of law
stating a statute's intent or purpose or the general enabling
provisions establishing the board;
(5) Do all acts and things necessary or convenient to carry out the
powers expressly granted or implied under this chapter.
Sec. 422 RCW 43.160.050 and 2008 c 327 s 4 are each amended to
read as follows:
The board may:
(1) Adopt bylaws for the regulation of its affairs and the conduct
of its business.
(2) Adopt an official seal and alter the seal at its pleasure.
(3) Utilize the services of other governmental agencies.
(4) Accept from any federal agency loans or grants for the planning
or financing of any project and enter into an agreement with the agency
respecting the loans or grants.
(5) Conduct examinations and investigations and take testimony at
public hearings of any matter material for its information that will
assist in determinations related to the exercise of the board's lawful
powers.
(6) Accept any gifts, grants, or loans of funds, property, or
financial or other aid in any form from any other source on any terms
and conditions which are not in conflict with this chapter.
(7) Enter into agreements or other transactions with and accept
grants and the cooperation of any governmental agency in furtherance of
this chapter.
(8) Adopt rules under chapter 34.05 RCW as necessary to carry out
the purposes of this chapter. For rules adopted under the provisions
of this chapter after August 1, 2013, the board may adopt only rules
derived from a specific grant of legislative authority. The rules must
include the specific statutory section or sections from which the grant
of authority is derived, and may not rely solely on a section of law
stating a statute's intent or purpose or the general enabling
provisions establishing the board.
(9) Do all acts and things necessary or convenient to carry out the
powers expressly granted or implied under this chapter.
Sec. 423 RCW 43.163.100 and 1990 c 53 s 6 are each amended to
read as follows:
In addition to accomplishing the economic development finance
programs specifically authorized in this chapter, the authority may:
(1) Maintain an office or offices;
(2) Sue and be sued in its own name, and plead and be impleaded;
(3) Engage consultants, agents, attorneys, and advisers, contract
with federal, state, and local governmental entities for services, and
hire such employees, agents and other personnel as the authority deems
necessary, useful, or convenient to accomplish its purposes;
(4) Make and execute all manner of contracts, agreements and
instruments and financing documents with public and private parties as
the authority deems necessary, useful, or convenient to accomplish its
purposes;
(5) Acquire and hold real or personal property, or any interest
therein, in the name of the authority, and to sell, assign, lease,
encumber, mortgage, or otherwise dispose of the same in such manner as
the authority deems necessary, useful, or convenient to accomplish its
purposes;
(6) Open and maintain accounts in qualified public depositaries and
otherwise provide for the investment of any funds not required for
immediate disbursement, and provide for the selection of investments;
(7) Appear in its own behalf before boards, commissions,
departments, or agencies of federal, state, or local government;
(8) Procure such insurance in such amounts and from such insurers
as the authority deems desirable, including, but not limited to,
insurance against any loss or damage to its property or other assets,
public liability insurance for injuries to persons or property, and
directors and officers liability insurance;
(9) Apply for and accept subventions, grants, loans, advances, and
contributions from any source of money, property, labor, or other
things of value, to be held, used and applied as the authority deems
necessary, useful, or convenient to accomplish its purposes;
(10) Establish guidelines for the participation by eligible banking
organizations in programs conducted by the authority under this
chapter;
(11) Act as an agent, by agreement, for federal, state, or local
governmental entities to carry out the programs authorized in this
chapter;
(12) Establish, revise, and collect such fees and charges as the
authority deems necessary, useful, or convenient to accomplish its
purposes;
(13) Make such expenditures as are appropriate for paying the
administrative costs and expenses of the authority in carrying out the
provisions of this chapter: PROVIDED, That expenditures with respect
to the economic development financing programs of the authority shall
not be made from funds of the state;
(14) Establish such reserves and special funds, and controls on
deposits to and disbursements from them, as the authority deems
necessary, useful, or convenient to accomplish its purposes;
(15) Give assistance to public bodies by providing information,
guidelines, forms, and procedures for implementing their financing
programs;
(16) Prepare, publish and distribute, with or without charge, such
studies, reports, bulletins, and other material as the authority deems
necessary, useful, or convenient to accomplish its purposes;
(17) Delegate any of its powers and duties if consistent with the
purposes of this chapter;
(18) Adopt rules concerning its exercise of the powers authorized
by this chapter. For rules adopted under the provisions of this
chapter after August 1, 2013, the authority may adopt only rules
derived from a specific grant of legislative authority. The rules must
include the specific statutory section or sections from which the grant
of authority is derived, and may not rely solely on a section of law
stating a statute's intent or purpose or the general enabling
provisions establishing the authority; and
(19) Exercise any other power the authority deems necessary,
useful, or convenient to accomplish its purposes and exercise the
powers expressly granted in this chapter.
Sec. 424 RCW 43.180.040 and 1995 c 399 s 98 are each amended to
read as follows:
(1) There is ((hereby)) established a public body corporate and
politic, with perpetual corporate succession, to be known as the
Washington state housing finance commission. The commission is an
instrumentality of the state exercising essential government functions
and, for purposes of the code, acts as a constituted authority on
behalf of the state when it issues bonds pursuant to this chapter. The
commission is a "public body" within the meaning of RCW 39.53.010.
(2) The commission shall consist of the following voting members:
(a) The state treasurer, ex officio;
(b) The director of ((community, trade, and economic development))
commerce, ex officio;
(c) An elected local government official, ex officio, with
experience in local housing programs, who shall be appointed by the
governor with the consent of the senate;
(d) A representative of housing consumer interests, appointed by
the governor with the consent of the senate;
(e) A representative of labor interests, appointed by the governor,
with the consent of the senate, after consultation with representatives
of organized labor;
(f) A representative of low-income persons, appointed by the
governor with the consent of the senate;
(g) Five members of the public appointed by the governor, with the
consent of the senate, on the basis of geographic distribution and
their expertise in housing, real estate, finance, energy efficiency, or
construction, one of whom shall be appointed by the governor as chair
of the commission and who shall serve on the commission and as chair of
the commission at the pleasure of the governor.
The term of the persons appointed by the governor, other than the
chair, shall be four years from the date of their appointment, except
that the terms of three of the initial appointees shall be for two
years from the date of their appointment. The governor shall designate
the appointees who will serve the two-year terms. An appointee may be
removed by the governor for cause pursuant to RCW 43.06.070 and
43.06.080. The governor shall fill any vacancy in an appointed
position by appointment for the remainder of the unexpired term. If
the department of ((community development)) commerce is abolished, the
resulting vacancy shall be filled by a state official who shall be
appointed to the commission by the governor. If this official occupies
an office or position for which senate confirmation is not required,
then his or her appointment to the commission shall be subject to the
consent of the senate. The members of the commission shall be
compensated in accordance with RCW 43.03.240 and may be reimbursed,
solely from the funds of the commission, for expenses incurred in the
discharge of their duties under this chapter, subject to the provisions
of RCW 43.03.050 and 43.03.060. A majority of the commission
constitutes a quorum. Designees shall be appointed in such manner and
shall exercise such powers as are specified by the rules of the
commission.
(3) The commission may adopt an official seal and may select from
its membership a vice chair, a secretary, and a treasurer. The
commission shall establish rules concerning its exercise of the powers
authorized by this chapter. The rules shall be adopted in conformance
with chapter 34.05 RCW. For rules adopted under the provisions of this
chapter after August 1, 2013, the commission may adopt only rules
derived from a specific grant of legislative authority. The rules must
include the specific statutory section or sections from which the grant
of authority is derived, and may not rely solely on a section of law
stating a statute's intent or purpose or the general enabling
provisions establishing the commission.
Sec. 425 RCW 43.200.070 and 1989 c 322 s 5 are each amended to
read as follows:
The department of ecology shall adopt such rules as are necessary
to carry out responsibilities under this chapter. The department of
ecology is authorized to adopt such rules as are necessary to carry out
its responsibilities under chapter 43.145 RCW. For rules adopted under
the provisions of this chapter after August 1, 2013, the department of
ecology may adopt only rules derived from a specific grant of
legislative authority. The rules must include the specific statutory
section or sections from which the grant of authority is derived, and
may not rely solely on a section of law stating a statute's intent or
purpose or the general enabling provisions establishing the department
of ecology.
Sec. 426 RCW 43.210.060 and 1995 c 399 s 108 are each amended to
read as follows:
The department of ((community, trade, and economic development or
its statutory successor)) commerce shall adopt rules under chapter
34.05 RCW as necessary to carry out the purposes of this chapter. For
rules adopted under the provisions of this chapter after August 1,
2013, the department of commerce may adopt only rules derived from a
specific grant of legislative authority. The rules must include the
specific statutory section or sections from which the grant of
authority is derived, and may not rely solely on a section of law
stating a statute's intent or purpose or the general enabling
provisions establishing the department of commerce.
Sec. 427 RCW 43.250.090 and 1986 c 294 s 9 are each amended to
read as follows:
The state finance committee shall administer this chapter and adopt
appropriate rules. For rules adopted under the provisions of this
chapter after August 1, 2013, the state finance committee may adopt
only rules derived from a specific grant of legislative authority. The
rules must include the specific statutory section or sections from
which the grant of authority is derived, and may not rely solely on a
section of law stating a statute's intent or purpose or the general
enabling provisions establishing the state finance committee.
Sec. 428 RCW 43.320.040 and 1993 c 472 s 5 are each amended to
read as follows:
The director of financial institutions may adopt any rules, under
chapter 34.05 RCW, necessary to implement the powers and duties of the
director under this chapter. For rules adopted under the provisions of
this chapter after August 1, 2013, the director of financial
institutions may adopt only rules derived from a specific grant of
legislative authority. The rules must include the specific statutory
section or sections from which the grant of authority is derived, and
may not rely solely on a section of law stating a statute's intent or
purpose or the general enabling provisions establishing the department
of financial institutions.
Sec. 429 RCW 43.330.040 and 1993 c 280 s 6 are each amended to
read as follows:
(1) The director shall supervise and administer the activities of
the department and shall advise the governor and the legislature with
respect to community and economic development matters affecting the
state.
(2) In addition to other powers and duties granted to the director,
the director shall have the following powers and duties:
(a) Enter into contracts on behalf of the state to carry out the
purposes of this chapter;
(b) Act for the state in the initiation of or participation in any
multigovernmental program relative to the purpose of this chapter;
(c) Accept and expend gifts and grants, whether such grants be of
federal or other funds;
(d) Appoint such deputy directors, assistant directors, and up to
seven special assistants as may be needed to administer the department.
These employees are exempt from the provisions of chapter 41.06 RCW;
(e) Prepare and submit budgets for the department for executive and
legislative action;
(f) Submit recommendations for legislative actions as are deemed
necessary to further the purposes of this chapter;
(g) Adopt rules in accordance with chapter 34.05 RCW and perform
all other functions necessary and proper to carry out the purposes of
this chapter. For rules adopted under the provisions of this chapter
after August 1, 2013, the director may adopt only rules derived from a
specific grant of legislative authority. The rules must include the
specific statutory section or sections from which the grant of
authority is derived, and may not rely solely on a section of law
stating a statute's intent or purpose or the general enabling
provisions establishing the department;
(h) Delegate powers, duties, and functions as the director deems
necessary for efficient administration, but the director shall be
responsible for the official acts of the officers and employees of the
department; and
(i) Perform other duties as are necessary and consistent with law.
(3) When federal or other funds are received by the department,
they shall be promptly transferred to the state treasurer and
thereafter expended only upon the approval of the director.
(4) The director may request information and assistance from all
other agencies, departments, and officials of the state, and may
reimburse such agencies, departments, or officials if such a request
imposes any additional expenses upon any such agency, department, or
official.
(5) The director shall, in carrying out the responsibilities of
office, consult with governmental officials, private groups, and
individuals and with officials of other states. All state agencies and
their officials and the officials of any political subdivision of the
state shall cooperate with and give such assistance to the department,
including the submission of requested information, to allow the
department to carry out its purposes under this chapter.
(6) The director may establish additional advisory or coordinating
groups with the legislature, within state government, with state and
other governmental units, with the private sector and nonprofit
entities or in specialized subject areas as may be necessary to carry
out the purposes of this chapter.
(7) The internal affairs of the department shall be under the
control of the director in order that the director may manage the
department in a flexible and intelligent manner as dictated by changing
contemporary circumstances. Unless specifically limited by law, the
director shall have complete charge and supervisory powers over the
department. The director may create such administrative structures as
the director deems appropriate, except as otherwise specified by law,
and the director may employ such personnel as may be necessary in
accordance with chapter 41.06 RCW, except as otherwise provided by law.
Sec. 430 RCW 47.01.071 and 2007 c 516 s 4 are each amended to
read as follows:
The transportation commission shall have the following functions,
powers, and duties:
(1) To propose policies to be adopted by the governor and the
legislature designed to assure the development and maintenance of a
comprehensive and balanced statewide transportation system which will
meet the needs of the people of this state for safe and efficient
transportation services. Wherever appropriate, the policies shall
provide for the use of integrated, intermodal transportation systems.
The policies must be aligned with the goals established in RCW
47.04.280. To this end the commission shall:
(a) Develop transportation policies which are based on the
policies, goals, and objectives expressed and inherent in existing
state laws;
(b) Inventory the adopted policies, goals, and objectives of the
local and area-wide governmental bodies of the state and define the
role of the state, regional, and local governments in determining
transportation policies, in transportation planning, and in
implementing the state transportation plan;
(c) Establish a procedure for review and revision of the state
transportation policy and for submission of proposed changes to the
governor and the legislature; and
(d) Integrate the statewide transportation plan with the needs of
the elderly and persons with disabilities, and coordinate federal and
state programs directed at assisting local governments to answer such
needs;
(2) To provide for the effective coordination of state
transportation planning with national transportation policy, state and
local land use policies, and local and regional transportation plans
and programs;
(3) In conjunction with the provisions under RCW 47.01.075, to
provide for public involvement in transportation designed to elicit the
public's views both with respect to adequate transportation services
and appropriate means of minimizing adverse social, economic,
environmental, and energy impact of transportation programs;
(4) By December 2010, to prepare a comprehensive and balanced
statewide transportation plan consistent with the state's growth
management goals and based on the transportation policy goals provided
under RCW 47.04.280 and applicable state and federal laws. The plan
must reflect the priorities of government developed by the office of
financial management and address regional needs, including multimodal
transportation planning. The plan must, at a minimum: (a) Establish
a vision for the development of the statewide transportation system;
(b) identify significant statewide transportation policy issues; and
(c) recommend statewide transportation policies and strategies to the
legislature to fulfill the requirements of subsection (1) of this
section. The plan must be the product of an ongoing process that
involves representatives of significant transportation interests and
the general public from across the state. Every four years, the plan
shall be reviewed and revised, and submitted to the governor and the
house of representatives and senate standing committees on
transportation.
The plan shall take into account federal law and regulations
relating to the planning, construction, and operation of transportation
facilities;
(5) By December 2007, the office of financial management shall
submit a baseline report on the progress toward attaining the policy
goals under RCW 47.04.280 in the 2005-2007 fiscal biennium. By October
1, 2008, beginning with the development of the 2009-2011 biennial
transportation budget, and by October 1st biennially thereafter, the
office of financial management shall submit to the legislature and the
governor a report on the progress toward the attainment by state
transportation agencies of the state transportation policy goals and
objectives prescribed by statute, appropriation, and governor
directive. The report must, at a minimum, include the degree to which
state transportation programs have progressed toward the attainment of
the policy goals established under RCW 47.04.280, as measured by the
objectives and performance measures established by the office of
financial management under RCW 47.04.280;
(6) To propose to the governor and the legislature prior to the
convening of each regular session held in an odd-numbered year a
recommended budget for the operations of the commission as required by
RCW 47.01.061;
(7) To adopt ((such)) rules as may be necessary to carry out
reasonably and properly those functions expressly vested in the
commission by statute. For rules adopted under the provisions of this
chapter after August 1, 2013, the commission may adopt only rules
derived from a specific grant of legislative authority. The rules must
include the specific statutory section or sections from which the grant
of authority is derived, and may not rely solely on a section of law
stating a statute's intent or purpose or the general enabling
provisions establishing the department;
(8) To contract with the office of financial management or other
appropriate state agencies for administrative support, accounting
services, computer services, and other support services necessary to
carry out its other statutory duties;
(9) To conduct transportation-related studies and policy analysis
to the extent directed by the legislature or governor in the biennial
transportation budget act, or as otherwise provided in law, and subject
to the availability of amounts appropriated for this specific purpose;
and
(10) To exercise such other specific powers and duties as may be
vested in the transportation commission by this or any other provision
of law.
Sec. 431 RCW 48.02.060 and 2010 c 27 s 1 are each amended to read
as follows:
(1) The commissioner has the authority expressly conferred upon him
or her by or reasonably implied from the provisions of this code.
(2) The commissioner must execute his or her duties and must
enforce the provisions of this code.
(3) The commissioner may:
(a) ((Make)) Adopt reasonable rules for effectuating any provision
of this code, except those relating to his or her election,
qualifications, or compensation. Rules are not effective prior to
their being filed for public inspection in the commissioner's office.
For rules adopted under the provisions of this chapter after August 1,
2013, the commissioner may adopt only rules derived from a specific
grant of legislative authority. The rules must include the specific
statutory section or sections from which the grant of authority is
derived, and may not rely solely on a section of law stating a
statute's intent or purpose or the general enabling provisions
establishing the office of the insurance commissioner.
(b) Conduct investigations to determine whether any person has
violated any provision of this code.
(c) Conduct examinations, investigations, hearings, in addition to
those specifically provided for, useful and proper for the efficient
administration of any provision of this code.
(4) When the governor proclaims a state of emergency under RCW
43.06.010(12), the commissioner may issue an order that addresses any
or all of the following matters related to insurance policies issued in
this state:
(a) Reporting requirements for claims;
(b) Grace periods for payment of insurance premiums and performance
of other duties by insureds;
(c) Temporary postponement of cancellations and nonrenewals; and
(d) Medical coverage to ensure access to care.
(5) An order by the commissioner under subsection (4) of this
section may remain effective for not more than sixty days unless the
commissioner extends the termination date for the order for an
additional period of not more than thirty days. The commissioner may
extend the order if, in the commissioner's judgment, the circumstances
warrant an extension. An order of the commissioner under subsection
(4) of this section is not effective after the related state of
emergency is terminated by proclamation of the governor under RCW
43.06.210. The order must specify, by line of insurance:
(a) The geographic areas in which the order applies, which must be
within but may be less extensive than the geographic area specified in
the governor's proclamation of a state of emergency and must be
specific according to an appropriate means of delineation, such as the
United States postal service zip codes or other appropriate means; and
(b) The date on which the order becomes effective and the date on
which the order terminates.
(6) The commissioner may adopt rules that establish general
criteria for orders issued under subsection (4) of this section and may
adopt emergency rules applicable to a specific proclamation of a state
of emergency by the governor.
(7) The rule-making authority set forth in subsection (6) of this
section does not limit or affect the rule-making authority otherwise
granted to the commissioner by law.
Sec. 432 RCW 48.44.050 and 1947 c 268 s 5 are each amended to
read as follows:
The insurance commissioner shall ((make)) adopt reasonable
((regulations)) rules in aid of the administration of this chapter
which may include, but shall not be limited to ((regulations)) rules
concerning the maintenance of adequate insurance, bonds, or cash
deposits, information required of registrants, and methods of
expediting speedy and fair payments to claimants. For rules adopted
under the provisions of this chapter after August 1, 2013, the
insurance commissioner may adopt only rules derived from a specific
grant of legislative authority. The rules must include the specific
statutory section or sections from which the grant of authority is
derived, and may not rely solely on a section of law stating a
statute's intent or purpose or the general enabling provisions
establishing the office of the insurance commissioner.
Sec. 433 RCW 48.46.200 and 2009 c 549 s 7153 are each amended to
read as follows:
The commissioner may, in accordance with the provisions of the
administrative procedure act, chapter 34.05 RCW, ((promulgate)) adopt
rules ((and regulations)) as necessary or proper to carry out the
provisions of this chapter. For rules adopted under the provisions of
this chapter after August 1, 2013, the commissioner may adopt only
rules derived from a specific grant of legislative authority. The
rules must include the specific statutory section or sections from
which the grant of authority is derived, and may not rely solely on a
section of law stating a statute's intent or purpose or the general
enabling provisions establishing the office of the insurance
commissioner. Nothing in this chapter shall be construed to prohibit
the commissioner from requiring changes in procedures previously
approved by him or her.
Sec. 434 RCW 66.08.0501 and 1997 c 321 s 56 are each amended to
read as follows:
The liquor control board may adopt appropriate rules pursuant to
chapter 34.05 RCW for the purpose of carrying out the provisions of
chapter 321, Laws of 1997. For rules adopted under the provisions of
this chapter after August 1, 2013, the liquor control board may adopt
only rules derived from a specific grant of legislative authority. The
rules must include the specific statutory section or sections from
which the grant of authority is derived, and may not rely solely on a
section of law stating a statute's intent or purpose or the general
enabling provisions establishing the liquor control board.
Sec. 435 RCW 77.04.055 and 2000 c 107 s 204 are each amended to
read as follows:
(1) In establishing policies to preserve, protect, and perpetuate
wildlife, fish, and wildlife and fish habitat, the commission shall
meet annually with the governor to:
(a) Review and prescribe basic goals and objectives related to
those policies; and
(b) Review the performance of the department in implementing fish
and wildlife policies.
The commission shall maximize fishing, hunting, and outdoor
recreational opportunities compatible with healthy and diverse fish and
wildlife populations.
(2) The commission shall establish hunting, trapping, and fishing
seasons and prescribe the time, place, manner, and methods that may be
used to harvest or enjoy game fish and wildlife.
(3) The commission shall establish provisions regulating food fish
and shellfish as provided in RCW 77.12.047.
(4) The commission shall have final approval authority for tribal,
interstate, international, and any other department agreements relating
to fish and wildlife.
(5) The commission shall adopt rules to implement the state's fish
and wildlife laws. For rules adopted under the provisions of this
chapter after August 1, 2013, the commission may adopt only rules
derived from a specific grant of legislative authority. The rules must
include the specific statutory section or sections from which the grant
of authority is derived, and may not rely solely on a section of law
stating a statute's intent or purpose or the general enabling
provisions establishing the commission or the department.
(6) The commission shall have final approval authority for the
department's budget proposals.
(7) The commission shall select its own staff and shall appoint the
director of the department. The director and commission staff shall
serve at the pleasure of the commission.
Sec. 436 RCW 80.01.040 and 2007 c 234 s 1 are each amended to
read as follows:
The utilities and transportation commission shall:
(1) Exercise all the powers and perform all the duties prescribed
by this title and by Title 81 RCW, or by any other law.
(2) Regulate in the public interest, as provided by the public
service laws, all persons engaging in the transportation of persons or
property within this state for compensation.
(3) Regulate in the public interest, as provided by the public
service laws, the rates, services, facilities, and practices of all
persons engaging within this state in the business of supplying any
utility service or commodity to the public for compensation.
(4) ((Make)) Adopt rules ((and regulations)) necessary to carry out
its other powers and duties. For rules adopted under the provisions of
this chapter after August 1, 2013, the commission may adopt only rules
derived from a specific grant of legislative authority. The rules must
include the specific statutory section or sections from which the grant
of authority is derived, and may not rely solely on a section of law
stating a statute's intent or purpose or the general enabling
provisions establishing the commission.
NEW SECTION. Sec. 437 A new section is added to chapter 34.05
RCW to read as follows:
When delegating authority to an agency through legislation, the
legislature, unless it specifically states otherwise, limits its
delegation of authority to:
(1) The minimum delegation necessary to administer the
legislation's clear and unambiguous directives; and
(2) The administration of circumstances and behaviors foreseeable
at the time of the legislation's enactment.
NEW SECTION. Sec. 501 The legislature finds that this nation and
this state were founded as constitutional republican forms of
government with democratically elected representatives enacting and
implementing laws consistent with those constitutions to promote the
general welfare of all the people. All elected officials take an oath
to uphold the constitutions. The role of government was intended to
remain as limited as possible in order to expand the liberties of the
people as far as possible. Over the past few decades, legislative and
executive branches have gone far beyond their original purposes and
powers, and have grown to the extent that the economic and regulatory
burdens placed upon the people is becoming unbearable and is infringing
on the rights of law-abiding citizens to enjoy their property, their
freedoms, and the fruits of their labors. The legislature further
finds that the United States congress has frequently ignored its own
House rule XIII 3(d) which requires "Each report of a committee on a
public bill or public joint resolution shall contain the following:
(1) A statement citing the specific powers granted to congress in the
Constitution to enact the law proposed by the bill or resolution." The
legislature intends by this chapter to ensure that all laws and rules
adopted by the federal and state governments are firmly grounded in
their respective constitutions so that those governments might return
to their proper realms and focus on the essential services that best
strike the balance between the need for government and the need for
people to be free.
NEW SECTION. Sec. 502 (1) Every bill, act, ordinance,
resolution, or rule adopted or enacted by a legislative or executive
body, or the people, shall include the citation of the express language
from the federal or state Constitution that provides the specific
authority for the provisions included in the bill, act, ordinance,
resolution, or rule.
(2) Every bill, act, ordinance, resolution, or rule adopted or
enacted by a legislative or executive body, or the people, shall limit
the provisions of the bill, act, ordinance, resolution, or rule to the
express language included in the citation from the federal or state
Constitution that provides the specific authority such provisions.
(3) Every bill, act, ordinance, resolution, or rule adopted or
enacted by a legislative or executive body, or the people, shall
include a brief rationale as how the provisions of the bill, act,
ordinance, resolution, or rule are provided specific authority in the
express language of the federal or state Constitution cited, including
the language of the text itself, a reasonable construction and
extension of the text, the intent as best can be ascertained of those
who adopted the text, and the historical understanding and context in
which the text was adopted.
NEW SECTION. Sec. 601 The legislature finds that:
(1) The public interest will be best served if lands throughout the
state and their resources are subject to the coordinated management
efforts of the state and local governments;
(2) The federal government requires its agencies to coordinate and
provide meaningful involvement of state and local government officials
in the development and revisions of federal land use plans, guidelines,
and regulations as explained in 43 U.S.C. Sec. 1712 (c)(9);
(3) Many local governments have extensive plans for the lands
within their jurisdiction as required by various state laws, including
but not limited to Titles 35, 35A, and 36 RCW; and
(4) The citizens of Washington directly benefit when state agencies
coordinate their activities with local government officials regarding
land use administration, management, and planning.
NEW SECTION. Sec. 602 A new section is added to chapter 77.12
RCW to read as follows:
(1)(a) The department shall coordinate with all applicable affected
local government officials during the development, revision, and
implementation of any public land use plan under the control or
authority of the department.
(b) Implementation of this section requires the department to, at
a minimum:
(i) Keep itself apprised of all relevant local and tribal land use
plans and ordinances;
(ii) Ensure that consideration is given to local and tribal plans
that are germane in the development of land use activities for the
department and strive to make corresponding state policies, plans, or
actions consistent with local policies, plans, or actions;
(iii) Assist in resolving inconsistencies between department land
management and local and tribal plans and ordinances;
(iv) Provide for meaningful public involvement of other local
government officials, both elected and appointed, in the development of
land use programs, land use policies, land use rules, and land use
decisions for department lands; and
(v) Provide local government officials early notification of all
land use actions or plans of the department that will affect the unit
of local government directly or indirectly.
(2) If, after consulting with an affected local government, the
department finds that the statutory limitations of the department make
compliance with a particular locally adopted land use plan or ordinance
unlawful, the department shall report this finding to the appropriate
committees of the legislature along with specific information relating
to the statute or statutes limiting the department from complying with
local plans or ordinances.
(3) The director must make available a formal channel through which
local government officials may provide direct feedback and other
communications regarding proposed actions by the department relating to
the purchase and sale of land, the development or revision of land use
plans, land use guidelines, land use policies, and land use rules for
department lands within the local jurisdiction and with respect to
other land use matters as deemed relevant to a local official.
NEW SECTION. Sec. 603 A new section is added to chapter 79.02
RCW to read as follows:
(1)(a) The department shall coordinate with all applicable affected
local government officials during the development, revision, and
implementation of any public land use plan under the control or
authority of the department.
(b) Implementation of this section requires the department to, at
a minimum:
(i) Keep itself apprised of all relevant local and tribal land use
plans and ordinances;
(ii) Ensure that consideration is given to local and tribal plans
that are germane in the development of land use activities for the
department and strive to make corresponding state policies, plans, or
actions consistent with local policies, plans, or actions;
(iii) Assist in resolving inconsistencies between department land
management and local and tribal plans and ordinances;
(iv) Provide for meaningful public involvement of other local
government officials, both elected and appointed, in the development of
land use programs, land use policies, land use rules, and land use
decisions for public lands; and
(v) Provide local government officials early notification of all
land use actions or plans of the department that will affect the unit
of local government directly or indirectly.
(2) If, after consulting with an affected local government, the
department finds that the statutory limitations of the department make
compliance with a particular locally adopted land use plan or ordinance
unlawful, the department shall report this finding to the appropriate
committees of the legislature along with specific information relating
to the statute or statutes limiting the department from complying with
local plans or ordinances.
(3) The commissioner of public lands must make available a formal
channel through which local government officials may provide direct
feedback and other communications regarding proposed actions by the
department relating to the purchase and sale of land, the development
or revision of land use plans, land use guidelines, land use policies,
and land use rules for public lands within the local jurisdiction and
with respect to other land use matters as deemed relevant to a local
official.
NEW SECTION. Sec. 604 A new section is added to chapter 79A.05
RCW to read as follows:
(1)(a) The commission shall coordinate with all applicable affected
local government officials during the development, revision, and
implementation of any public land use plan under the control or
authority of the commission.
(b) Implementation of this section requires the commission to, at
a minimum:
(i) Keep itself apprised of all relevant local and tribal land use
plans and ordinances;
(ii) Ensure that consideration is given to local and tribal plans
that are germane in the development of land use activities for the
commission and strive to make corresponding commission policies, plans,
or actions consistent with local policies, plans, or actions;
(iii) Assist in resolving inconsistencies between commission land
management and local and tribal plans and ordinances;
(iv) Provide for meaningful public involvement of other local
government officials, both elected and appointed, in the development of
land use programs, land use policies, land use rules, and land use
decisions for commission lands; and
(v) Provide local government officials early notification of all
land use actions or plans of the commission that will affect the unit
of local government directly or indirectly.
(2) If, after consulting with an affected local government, the
commission finds that the statutory limitations of the commission make
compliance with a particular locally adopted land use plan or ordinance
unlawful, the commission shall report this finding to the appropriate
committees of the legislature along with specific information relating
to the statute or statutes limiting the commission from complying with
local plans or ordinances.
(3) The director must make available a formal channel through which
local government officials may provide direct feedback and other
communications regarding proposed actions by the commission relating to
the purchase and sale of land, the development or revision of land use
plans, land use guidelines, land use policies, and land use rules for
commission lands within the local jurisdiction and with respect to
other land use matters as deemed relevant to a local official.
NEW SECTION. Sec. 605 A new section is added to chapter 35.21
RCW to read as follows:
(1) If the ordinances, regulations, plans, or policies of a city
are less restrictive than applicable federal or state laws or
requirements, the city must demand, by any lawful means, that the
federal or state government coordinate with the city before the federal
or state government implements, enforces, expands, or extends the
federal or state law or requirement within the jurisdictional boundary
of the city. The coordination demand required by this subsection may
be waived through a resolution adopted by a majority of the city
legislative body.
(2) If the federal or state government fails to coordinate in good
faith with the city, the legislative body of the city must hold two or
more public hearings, consider the evidence, and vote on whether to
authorize litigation to enforce the coordination rights of the city.
(3) If a person who resides or conducts business in the state
serves each member of the legislative body of the city with a written
demand that the city comply with this section, and if within sixty days
after service of the demand, the legislative body fails to comply with
this section in a manner that causes injury to the person, the person
may submit a written demand for a response. Written response demands
under this subsection must specify the city ordinance, regulation,
plan, or policy with which the federal or state government failed to
coordinate. Within thirty days after receiving the written demand for
a response under this subsection, the legislative body of the city must
hold a public hearing to present information on the decision to not
demand coordination.
(4) The definitions in this subsection apply throughout this
section unless the context requires otherwise.
(a) "City" means an incorporated city or town.
(b) "Coordinate" means the action necessary to achieve
coordination.
(c) "Coordination" means the process by which the federal or state
government seeks in good faith to reach consistency between a federal
or state law or requirement and a city ordinance, regulation, plan, or
policy.
(d) "Less restrictive" means a city ordinance, regulation, plan, or
policy imposes, or would impose, less of a burden on the exercise of
rights, privileges, or immunities enjoyed by individuals,
organizations, and businesses within the jurisdictional boundaries of
the city.
NEW SECTION. Sec. 606 A new section is added to chapter 35A.21
RCW to read as follows:
(1) If the ordinances, regulations, plans, or policies of a city
are less restrictive than applicable federal or state laws or
requirements, the city must demand, by any lawful means, that the
federal or state government coordinate with the city before the federal
or state government implements, enforces, expands, or extends the
federal or state law or requirement within the jurisdictional boundary
of the city. The coordination demand required by this subsection may
be waived through a resolution adopted by a majority of the city
legislative body.
(2) If the federal or state government fails to coordinate in good
faith with the city, the legislative body of the city must hold two or
more public hearings, consider the evidence, and vote on whether to
authorize litigation to enforce the coordination rights of the city.
(3) If a person who resides or conducts business in the state
serves each member of the legislative body of the city with a written
demand that the city comply with this section, and if within sixty days
after service of the demand, the legislative body fails to comply with
this section in a manner that causes injury to the person, the person
may submit a written demand for a response. Written response demands
under this subsection must specify the city ordinance, regulation,
plan, or policy with which the federal or state government failed to
coordinate. Within thirty days after receiving the written demand for
a response under this subsection, the legislative body of the city must
hold a public hearing to present information on the decision to not
demand coordination.
(4) The definitions in this subsection apply throughout this
section unless the context requires otherwise.
(a) "City" means any noncharter code city or charter code city.
(b) "Coordinate" means the action necessary to achieve
coordination.
(c) "Coordination" means the process by which the federal or state
government seeks in good faith to reach consistency between a federal
or state law or requirement and a city ordinance, regulation, plan, or
policy.
(d) "Less restrictive" means a city ordinance, regulation, plan, or
policy imposes, or would impose, less of a burden on the exercise of
rights, privileges, or immunities enjoyed by individuals,
organizations, and businesses within the jurisdictional boundaries of
the city.
NEW SECTION. Sec. 607 A new section is added to chapter 36.01
RCW to read as follows:
(1) If the ordinances, regulations, plans, or policies of a county
are less restrictive than applicable federal or state laws or
requirements, the county must demand, by any lawful means, that the
federal or state government coordinate with the county before the
federal or state government implements, enforces, expands, or extends
the federal or state law or requirement within the jurisdictional
boundary of the county. The coordination demand required by this
subsection may be waived through a resolution adopted by a majority of
the county legislative body.
(2) If the federal or state government fails to coordinate in good
faith with the county, the legislative body of the county must hold two
or more public hearings, consider the evidence, and vote on whether to
authorize litigation to enforce the coordination rights of the county.
(3) If a person who resides or conducts business in the state
serves each member of the legislative body of the county with a written
demand that the county comply with this section, and if within sixty
days after service of the demand, the legislative body fails to comply
with this section in a manner that causes injury to the person, the
person may submit a written demand for a response. Written response
demands under this subsection must specify the county ordinance,
regulation, plan, or policy with which the federal or state government
failed to coordinate. Within thirty days after receiving the written
demand for a response under this subsection, the legislative body of
the county must hold a public hearing to present information on the
decision to not demand coordination.
(4) The definitions in this subsection apply throughout this
section unless the context requires otherwise.
(a) "Coordinate" means the action necessary to achieve
coordination.
(b) "Coordination" means the process by which the federal or state
government seeks in good faith to reach consistency between a federal
or state law or requirement and a county ordinance, regulation, plan,
or policy.
(c) "Less restrictive" means a county ordinance, regulation, plan,
or policy imposes, or would impose, less of a burden on the exercise of
rights, privileges, or immunities enjoyed by individuals,
organizations, and businesses within the jurisdictional boundaries of
the county.
NEW SECTION. Sec. 608 This chapter applies to any special
purpose district. For the purposes of this chapter, "special purpose
district" means any statutorily created unit of local government that
is not a county or city.
NEW SECTION. Sec. 609 (1) If the ordinances, regulations, plans,
or policies of a special purpose district are less restrictive than
applicable federal or state laws or requirements, the special purpose
district must demand, by any lawful means, that the federal or state
government coordinate with the special purpose district before the
federal or state government implements, enforces, expands, or extends
the federal or state law or requirement within the jurisdictional
boundary of the special purpose district. The coordination demand
required by this subsection may be waived through a resolution adopted
by a majority of the special purpose district legislative body.
(2) If the federal or state government fails to coordinate in good
faith with the special purpose district, the legislative body of the
special purpose district must hold two or more public hearings,
consider the evidence, and vote on whether to authorize litigation to
enforce the coordination rights of the special purpose district.
(3) If a person who resides or conducts business in the state
serves each member of the legislative body of the special purpose
district with a written demand that the special purpose district comply
with this section, and if within sixty days after service of the
demand, the legislative body fails to comply with this section in a
manner that causes injury to the person, the person may submit a
written demand for a response. Written response demands under this
subsection must specify the special purpose district ordinance,
regulation, plan, or policy with which the federal or state government
failed to coordinate. Within thirty days after receiving the written
demand for a response under this subsection, the legislative body of
the special purpose district must hold a public hearing to present
information on the decision to not demand coordination.
(4) The definitions in this subsection apply throughout this
section unless the context requires otherwise.
(a) "Coordinate" means the action necessary to achieve
coordination.
(b) "Coordination" means the process by which the federal or state
government seeks in good faith to reach consistency between a federal
or state law or requirement and a special purpose district ordinance,
regulation, plan, or policy.
(d) "Less restrictive" means a special purpose district ordinance,
regulation, plan, or policy imposes, or would impose, less of a burden
on the exercise of rights, privileges, or immunities enjoyed by
individuals, organizations, and businesses within the jurisdictional
boundaries of the special purpose district.
NEW SECTION. Sec. 701 A new section is added to chapter 70.94
RCW to read as follows:
(1) All decisions on applications under this chapter must be
completed and the decision returned to the applicant within ninety days
of submitting the application. If the ninety-day deadline is not
satisfied, the applicant may file a motion in the appropriate superior
court requesting court approval of the application.
(2) If the application is denied either within or after the ninety-day decision period, the applicant may file a motion in the appropriate
superior court requesting the court to overturn the decision. This
subsection applies notwithstanding, and as an alternative to, any other
provision of law establishing appeal procedures. Applicants choosing
to utilize this appeal authority are deemed to have satisfied all
administrative remedies.
Sec. 702 RCW 70.94.181 and 1991 c 199 s 306 are each amended to
read as follows:
(1) Any person who owns or is in control of any plant, building,
structure, establishment, process or equipment may apply to the
department ((of ecology)) or appropriate local authority board for a
variance from rules or regulations governing the quality, nature,
duration or extent of discharges of air contaminants. The application
shall be accompanied by such information and data as the department
((of ecology)) or board may require. The department ((of ecology)) or
board may grant such variance, provided that variances to state rules
shall require the department's approval prior to being issued by a
local authority board. The total time period for a variance and
renewal of such variance shall not exceed one year. Variances may be
issued by either the department or a local board but only after public
hearing or due notice, if the department or board finds that:
(a) The emissions occurring or proposed to occur do not endanger
public health or safety or the environment; and
(b) Compliance with the rules or regulations from which variance is
sought would produce serious hardship without equal or greater benefits
to the public.
(2) No variance shall be granted pursuant to this section until the
department ((of ecology)) or board has considered the relative
interests of the applicant, other owners of property likely to be
affected by the discharges, and the general public.
(3) Any variance or renewal thereof shall be granted within the
requirements of subsection (1) of this section and under conditions
consistent with the reasons therefor, and within the following
limitations:
(a) If the variance is granted on the ground that there is no
practicable means known or available for the adequate prevention,
abatement, or control of the pollution involved, it shall be only until
the necessary means for prevention, abatement, or control become known
and available, and subject to the taking of any substitute or alternate
measures that the department ((of ecology)) or board may prescribe.
(b) If the variance is granted on the ground that compliance with
the particular requirement or requirements from which variance is
sought will require the taking of measures which, because of their
extent or cost, must be spread over a considerable period of time, it
shall be for a period not to exceed such reasonable time as, in the
view of the department ((of ecology)) or board is requisite for the
taking of the necessary measures. A variance granted on the ground
specified herein shall contain a timetable for the taking of action in
an expeditious manner and shall be conditioned on adherence to such
timetable.
(c) If the variance is granted on the ground that it is justified
to relieve or prevent hardship of a kind other than that provided for
in (a) and (b) of this subsection, it shall be for not more than one
year.
(4) Any variance granted pursuant to this section may be renewed on
terms and conditions and for periods which would be appropriate on
initial granting of a variance. If complaint is made to the department
((of ecology)) or board on account of the variance, no renewal thereof
shall be granted unless following a public hearing on the complaint on
due notice the department or board finds that renewal is justified. No
renewal shall be granted except on application therefor. Any such
application shall be made at least sixty days prior to the expiration
of the variance. Immediately upon receipt of an application for
renewal, the department ((of ecology)) or board shall give public
notice of such application in accordance with rules of the department
((of ecology)) or board.
(5) A variance or renewal shall not be a right of the applicant or
holder thereof but shall be granted at the discretion of the department
((of ecology)) or board. However, any applicant adversely affected by
the denial or the terms and conditions of the granting of an
application for a variance or renewal of a variance by the department
((of ecology)) or board may obtain judicial review thereof under the
provisions of chapter 34.05 RCW as now or hereafter amended.
(6) Nothing in this section and no variance or renewal granted
pursuant hereto shall be construed to prevent or limit the application
of the emergency provisions and procedures of RCW 70.94.710 through
70.94.730 to any person or his or her property.
(7) An application for a variance, or for the renewal thereof,
submitted to the department ((of ecology)) or board pursuant to this
section shall be approved or disapproved by the department or board
within sixty-five days of receipt unless the applicant and the
department ((of ecology)) or board agree to a continuance.
(8) Variances approved under this section shall not be included in
orders or permits provided for in RCW 70.94.161 or 70.94.152 until such
time as the variance has been accepted by the United States
environmental protection agency as part of an approved state
implementation plan.
(9)(a) All decisions on variances under this section must be
completed and the decision returned to the applicant within ninety days
of submitting the application. If the ninety-day deadline is not
satisfied, the applicant may file a motion in the appropriate superior
court requesting court approval of the application.
(b) If the application is denied either within or after the ninety-day decision period, the applicant may file a motion in the appropriate
superior court requesting the court to overturn the decision. This
subsection applies notwithstanding, and as an alternative to, any other
provision of law establishing appeal procedures. Applicants choosing
to utilize this appeal authority are deemed to have satisfied all
administrative remedies.
Sec. 703 RCW 76.09.060 and 2012 1st sp.s. c 1 s 206 are each
amended to read as follows:
(1) The department shall prescribe the form and contents of the
notification and application. The forest practices rules shall specify
by whom and under what conditions the notification and application
shall be signed or otherwise certified as acceptable. Activities
conducted by the department or a contractor under the direction of the
department under the provisions of RCW 76.04.660, shall be exempt from
the landowner signature requirement on any forest practices application
required to be filed. The application or notification shall be
delivered in person to the department, sent by first-class mail to the
department or electronically filed in a form defined by the department.
The form for electronic filing shall be readily convertible to a paper
copy, which shall be available to the public pursuant to chapter 42.56
RCW. The information required may include, but is not limited to:
(a) Name and address of the forest landowner, timber owner, and
operator;
(b) Description of the proposed forest practice or practices to be
conducted;
(c) Legal description and tax parcel identification numbers of the
land on which the forest practices are to be conducted;
(d) Planimetric and topographic maps showing location and size of
all lakes and streams and other public waters in and immediately
adjacent to the operating area and showing all existing and proposed
roads and major tractor roads;
(e) Description of the silvicultural, harvesting, or other forest
practice methods to be used, including the type of equipment to be used
and materials to be applied;
(f) For an application or notification submitted on or after July
10, 2012, that includes a forest practices hydraulic project, plans and
specifications for the forest practices hydraulic project to ensure the
proper protection of fish life;
(g) Proposed plan for reforestation and for any revegetation
necessary to reduce erosion potential from roadsides and yarding roads,
as required by the forest practices rules;
(h) Soil, geological, and hydrological data with respect to forest
practices;
(i) The expected dates of commencement and completion of all forest
practices specified in the application;
(j) Provisions for continuing maintenance of roads and other
construction or other measures necessary to afford protection to public
resources;
(k) An affirmation that the statements contained in the
notification or application are true; and
(l) All necessary application or notification fees.
(2) Long range plans may be submitted to the department for review
and consultation.
(3) The application for a forest practice or the notification of a
forest practice is subject to the reforestation requirement of RCW
76.09.070.
(a) If the application states that any land will be or is intended
to be converted:
(i) The reforestation requirements of this chapter and of the
forest practices rules shall not apply if the land is in fact converted
unless applicable alternatives or limitations are provided in forest
practices rules issued under RCW 76.09.070;
(ii) Completion of such forest practice operations shall be deemed
conversion of the lands to another use for purposes of chapters 84.33
and 84.34 RCW unless the conversion is to a use permitted under a
current use tax agreement permitted under chapter 84.34 RCW;
(iii) The forest practices described in the application are subject
to applicable county, city, town, and regional governmental authority
permitted under RCW 76.09.240 as well as the forest practices rules.
(b) Except as provided elsewhere in this section, if the landowner
harvests without an approved application or notification or the
landowner does not state that any land covered by the application or
notification will be or is intended to be converted, and the department
or the county, city, town, or regional governmental entity becomes
aware of conversion activities to a use other than commercial timber
operations, as that term is defined in RCW 76.09.020, then the
department shall send to the department of ecology and the appropriate
county, city, town, and regional governmental entities the following
documents:
(i) A notice of a conversion to nonforestry use;
(ii) A copy of the applicable forest practices application or
notification, if any; and
(iii) Copies of any applicable outstanding final orders or
decisions issued by the department related to the forest practices
application or notification.
(c) Failure to comply with the reforestation requirements contained
in any final order or decision shall constitute a removal of
designation under the provisions of RCW 84.33.140, and a change of use
under the provisions of RCW 84.34.080, and, if applicable, shall
subject such lands to the payments and/or penalties resulting from such
removals or changes.
(d) Conversion to a use other than commercial forest product
operations within six years after approval of the forest practices
application or notification without the consent of the county, city, or
town shall constitute a violation of each of the county, municipal
city, town, and regional authorities to which the forest practice
operations would have been subject if the application had stated an
intent to convert.
(e) Land that is the subject of a notice of conversion to a
nonforestry use produced by the department and sent to the department
of ecology and a local government under this subsection is subject to
the development prohibition and conditions provided in RCW 76.09.460.
(f) Landowners who have not stated an intent to convert the land
covered by an application or notification and who decide to convert the
land to a nonforestry use within six years of receiving an approved
application or notification must do so in a manner consistent with RCW
76.09.470.
(g) The application or notification must include a statement
requiring an acknowledgment by the forest landowner of his or her
intent with respect to conversion and acknowledging that he or she is
familiar with the effects of this subsection.
(4) Whenever an approved application authorizes a forest practice
which, because of soil condition, proximity to a water course or other
unusual factor, has a potential for causing material damage to a public
resource, as determined by the department, the applicant shall, when
requested on the approved application, notify the department two days
before the commencement of actual operations.
(5) Before the operator commences any forest practice in a manner
or to an extent significantly different from that described in a
previously approved application or notification, there shall be
submitted to the department a new application or notification form in
the manner set forth in this section.
(6)(a) Except as provided in RCW 76.09.350(4), the notification to
or the approval given by the department to an application to conduct a
forest practice shall be effective for a term of three years from the
date of approval or notification.
(b) A notification or application may be renewed for an additional
three-year term by the filing and approval of a notification or
application, as applicable, prior to the expiration of the original
application or notification. A renewal application or notification is
subject to the forest practices rules in effect at the time the renewal
application or notification is filed. Nothing in this section
precludes the applicant from applying for a new application or
notification after the renewal period has lapsed.
(c) At the option of the applicant, an application or notification
may be submitted to cover a single forest practice or a number of
forest practices within reasonable geographic or political boundaries
as specified by the department. An application or notification that
covers more than one forest practice may have an effective term of more
than three years.
(d) The board shall adopt rules that establish standards and
procedures for approving an application or notification that has an
effective term of more than three years. Such rules shall include
extended time periods for application or notification approval or
disapproval. The department may require the applicant to provide
advance notice before commencing operations on an approved application
or notification.
(7) Notwithstanding any other provision of this section, no prior
application or notification shall be required for any emergency forest
practice necessitated by fire, flood, windstorm, earthquake, or other
emergency as defined by the board, but the operator shall submit an
application or notification, whichever is applicable, to the department
within forty-eight hours after commencement of such practice or as
required by local regulations.
(8) Forest practices applications or notifications are not required
for forest practices conducted to control exotic forest insect or
disease outbreaks, when conducted by or under the direction of the
department of agriculture in carrying out an order of the governor or
director of the department of agriculture to implement pest control
measures as authorized under chapter 17.24 RCW, and are not required
when conducted by or under the direction of the department in carrying
out emergency measures under a forest health emergency declaration by
the commissioner of public lands as provided in RCW 76.06.130.
(a) For the purposes of this subsection, exotic forest insect or
disease has the same meaning as defined in RCW 76.06.020.
(b) In order to minimize adverse impacts to public resources,
control measures must be based on integrated pest management, as
defined in RCW 17.15.010, and must follow forest practices rules
relating to road construction and maintenance, timber harvest, and
forest chemicals, to the extent possible without compromising control
objectives.
(c) Agencies conducting or directing control efforts must provide
advance notice to the appropriate regulatory staff of the department of
the operations that would be subject to exemption from forest practices
application or notification requirements.
(d) When the appropriate regulatory staff of the department are
notified under (c) of this subsection, they must consult with the
landowner, interested agencies, and affected tribes, and assist the
notifying agencies in the development of integrated pest management
plans that comply with forest practices rules as required under (b) of
this subsection.
(e) Nothing under this subsection relieves agencies conducting or
directing control efforts from requirements of the federal clean water
act as administered by the department of ecology under RCW 90.48.260.
(f) Forest lands where trees have been cut as part of an exotic
forest insect or disease control effort under this subsection are
subject to reforestation requirements under RCW 76.09.070.
(g) The exemption from obtaining approved forest practices
applications or notifications does not apply to forest practices
conducted after the governor, the director of the department of
agriculture, or the commissioner of public lands have declared that an
emergency no longer exists because control objectives have been met,
that there is no longer an imminent threat, or that there is no longer
a good likelihood of control.
(9)(a) All decisions on applications or notifications under this
section must be completed and the decision returned to the applicant
within ninety days of submitting the application. If the ninety-day
deadline is not satisfied, the applicant may file a motion in the
appropriate superior court requesting court approval of the
application.
(b) If the application is denied either within or after the ninety-day decision period, the applicant may file a motion in the appropriate
superior court requesting the court to overturn the decision. This
subsection applies notwithstanding, and as an alternative to, any other
provision of law establishing appeal procedures. Applicants choosing
to utilize this appeal authority are deemed to have satisfied all
administrative remedies.
NEW SECTION. Sec. 704 A new section is added to chapter 90.48
RCW to read as follows:
(1) All decisions on applications under this chapter must be
completed and the decision returned to the applicant within ninety days
of submitting the application. If the ninety-day deadline is not
satisfied, the applicant may file a motion in the appropriate superior
court requesting court approval of the application.
(2) If the application is denied either within or after the ninety-day decision period, the applicant may file a motion in the appropriate
superior court requesting the court to overturn the decision. This
subsection applies notwithstanding, and as an alternative to, any other
provision of law establishing appeal procedures. Applicants choosing
to utilize this appeal authority are deemed to have satisfied all
administrative remedies.
Sec. 705 RCW 77.55.021 and 2012 1st sp.s. c 1 s 102 are each
amended to read as follows:
(1) Except as provided in RCW 77.55.031, 77.55.051, 77.55.041, and
77.55.361, in the event that any person or government agency desires to
undertake a hydraulic project, the person or government agency shall,
before commencing work thereon, secure the approval of the department
in the form of a permit as to the adequacy of the means proposed for
the protection of fish life.
(2) A complete written application for a permit may be submitted in
person or by registered mail and must contain the following:
(a) General plans for the overall project;
(b) Complete plans and specifications of the proposed construction
or work within the mean higher high water line in saltwater or within
the ordinary high water line in freshwater;
(c) Complete plans and specifications for the proper protection of
fish life;
(d) Notice of compliance with any applicable requirements of the
state environmental policy act, unless otherwise provided for in this
chapter; and
(e) Payment of all applicable application fees charged by the
department under RCW 77.55.321.
(3) The department may establish direct billing accounts or other
funds transfer methods with permit applicants to satisfy the fee
payment requirements of RCW 77.55.321.
(4) The department may accept complete, written applications as
provided in this section for multiple site permits and may issue these
permits. For multiple site permits, each specific location must be
identified.
(5) With the exception of emergency permits as provided in
subsection (((12))) (13) of this section, applications for permits must
be submitted to the department's headquarters office in Olympia.
Requests for emergency permits as provided in subsection (((12))) (13)
of this section may be made to the permitting biologist assigned to the
location in which the emergency occurs, to the department's regional
office in which the emergency occurs, or to the department's
headquarters office.
(6) Except as provided for emergency permits in subsection (((12)))
(13) of this section, the department may not proceed with permit review
until all fees are paid in full as required in RCW 77.55.321.
(7)(a) Protection of fish life is the only ground upon which
approval of a permit may be denied or conditioned. Approval of a
permit may not be unreasonably withheld or unreasonably conditioned.
(b) Except as provided in this subsection and subsections (((12)
through (14) and (16))) (13), (15), and (16) of this section, the
department has forty-five calendar days upon receipt of a complete
application to grant or deny approval of a permit. The forty-five day
requirement is suspended if:
(i) After ten working days of receipt of the application, the
applicant remains unavailable or unable to arrange for a timely field
evaluation of the proposed project;
(ii) The site is physically inaccessible for inspection;
(iii) The applicant requests a delay; or
(iv) The department is issuing a permit for a storm water discharge
and is complying with the requirements of RCW 77.55.161(3)(b).
(c) Immediately upon determination that the forty-five day period
is suspended under (b) of this subsection, the department shall notify
the applicant in writing of the reasons for the delay.
(d) The period of forty-five calendar days may be extended if the
permit is part of a multiagency permit streamlining effort and all
participating permitting agencies and the permit applicant agree to an
extended timeline longer than forty-five calendar days.
(8) If the department denies approval of a permit, the department
shall provide the applicant a written statement of the specific reasons
why and how the proposed project would adversely affect fish life.
(a) Except as provided in (b) of this subsection, issuance, denial,
conditioning, or modification of a permit shall be appealable to the
board within thirty days from the date of receipt of the decision as
provided in RCW 43.21B.230.
(b) Issuance, denial, conditioning, or modification of a permit may
be informally appealed to the department within thirty days from the
date of receipt of the decision. Requests for informal appeals must be
filed in the form and manner prescribed by the department by rule. A
permit decision that has been informally appealed to the department is
appealable to the board within thirty days from the date of receipt of
the department's decision on the informal appeal.
(9)(a) Notwithstanding the forty-five day decision timeline
required in this section, all decisions on applications under this
section must be completed and the decision returned to the applicant no
longer than ninety days of submitting the application. If the ninety-day deadline is not satisfied, the applicant may file a motion in the
appropriate superior court requesting court approval of the
application.
(b) If the application is denied either within or after the ninety-day decision period, the applicant may file a motion in the appropriate
superior court requesting the court to overturn the decision. This
subsection applies notwithstanding, and as an alternative to, any other
provision of law establishing appeal procedures. Applicants choosing
to utilize this appeal authority are deemed to have satisfied all
administrative remedies.
(10)(a) The permittee must demonstrate substantial progress on
construction of that portion of the project relating to the permit
within two years of the date of issuance.
(b) Approval of a permit is valid for up to five years from the
date of issuance, except as provided in (c) of this subsection and in
RCW 77.55.151.
(c) A permit remains in effect without need for periodic renewal
for hydraulic projects that divert water for agricultural irrigation or
stock watering purposes and that involve seasonal construction or other
work. A permit for streambank stabilization projects to protect farm
and agricultural land as defined in RCW 84.34.020 remains in effect
without need for periodic renewal if the problem causing the need for
the streambank stabilization occurs on an annual or more frequent
basis. The permittee must notify the appropriate agency before
commencing the construction or other work within the area covered by
the permit.
(((10))) (11) The department may, after consultation with the
permittee, modify a permit due to changed conditions. A modification
under this subsection is not subject to the fees provided under RCW
77.55.321. The modification is appealable as provided in subsection
(8) of this section. For a hydraulic project that diverts water for
agricultural irrigation or stock watering purposes, when the hydraulic
project or other work is associated with streambank stabilization to
protect farm and agricultural land as defined in RCW 84.34.020, the
burden is on the department to show that changed conditions warrant the
modification in order to protect fish life.
(((11))) (12) A permittee may request modification of a permit due
to changed conditions. The request must be processed within forty-five
calendar days of receipt of the written request and payment of
applicable fees under RCW 77.55.321. A decision by the department is
appealable as provided in subsection (8) of this section. For a
hydraulic project that diverts water for agricultural irrigation or
stock watering purposes, when the hydraulic project or other work is
associated with streambank stabilization to protect farm and
agricultural land as defined in RCW 84.34.020, the burden is on the
permittee to show that changed conditions warrant the requested
modification and that such a modification will not impair fish life.
(((12))) (13)(a) The department, the county legislative authority,
or the governor may declare and continue an emergency. If the county
legislative authority declares an emergency under this subsection, it
shall immediately notify the department. A declared state of emergency
by the governor under RCW 43.06.010 shall constitute a declaration
under this subsection.
(b) The department, through its authorized representatives, shall
issue immediately, upon request, verbal approval for a stream crossing,
or work to remove any obstructions, repair existing structures, restore
streambanks, protect fish life, or protect property threatened by the
stream or a change in the stream flow without the necessity of
obtaining a written permit prior to commencing work. Conditions of the
emergency verbal permit must be reduced to writing within thirty days
and complied with as provided for in this chapter.
(c) The department may not require the provisions of the state
environmental policy act, chapter 43.21C RCW, to be met as a condition
of issuing a permit under this subsection.
(d) The department may not charge a person requesting an emergency
permit any of the fees authorized by RCW 77.55.321 until after the
emergency permit is issued and reduced to writing.
(((13))) (14) All state and local agencies with authority under
this chapter to issue permits or other authorizations in connection
with emergency water withdrawals and facilities authorized under RCW
43.83B.410 shall expedite the processing of such permits or
authorizations in keeping with the emergency nature of such requests
and shall provide a decision to the applicant within fifteen calendar
days of the date of application.
(((14))) (15) The department or the county legislative authority
may determine an imminent danger exists. The county legislative
authority shall notify the department, in writing, if it determines
that an imminent danger exists. In cases of imminent danger, the
department shall issue an expedited written permit, upon request, for
work to remove any obstructions, repair existing structures, restore
banks, protect fish resources, or protect property. Expedited permit
requests require a complete written application as provided in
subsection (2) of this section and must be issued within fifteen
calendar days of the receipt of a complete written application.
Approval of an expedited permit is valid for up to sixty days from the
date of issuance. The department may not require the provisions of the
state environmental policy act, chapter 43.21C RCW, to be met as a
condition of issuing a permit under this subsection.
(((15))) (16)(a) For any property, except for property located on
a marine shoreline, that has experienced at least two consecutive years
of flooding or erosion that has damaged or has threatened to damage a
major structure, water supply system, septic system, or access to any
road or highway, the county legislative authority may determine that a
chronic danger exists. The county legislative authority shall notify
the department, in writing, when it determines that a chronic danger
exists. In cases of chronic danger, the department shall issue a
permit, upon request, for work necessary to abate the chronic danger by
removing any obstructions, repairing existing structures, restoring
banks, restoring road or highway access, protecting fish resources, or
protecting property. Permit requests must be made and processed in
accordance with subsections (2) and (7) of this section.
(b) Any projects proposed to address a chronic danger identified
under (a) of this subsection that satisfies the project description
identified in RCW 77.55.181(1)(a)(ii) are not subject to the provisions
of the state environmental policy act, chapter 43.21C RCW. However,
the project is subject to the review process established in RCW
77.55.181(3) as if it were a fish habitat improvement project.
(((16))) (17) The department may issue an expedited written permit
in those instances where normal permit processing would result in
significant hardship for the applicant or unacceptable damage to the
environment. Expedited permit requests require a complete written
application as provided in subsection (2) of this section and must be
issued within fifteen calendar days of the receipt of a complete
written application. Approval of an expedited permit is valid for up
to sixty days from the date of issuance. The department may not
require the provisions of the state environmental policy act, chapter
43.21C RCW, to be met as a condition of issuing a permit under this
subsection.
NEW SECTION. Sec. 706 A new section is added to chapter 90.76
RCW to read as follows:
(1) All decisions on license applications under this chapter must
be completed and the decision returned to the applicant within ninety
days of submitting the application. If the ninety-day deadline is not
satisfied, the applicant may file a motion in the appropriate superior
court requesting court approval of the application.
(2) If the license application is denied either within or after the
ninety-day decision period, the applicant may file a motion in the
appropriate superior court requesting the court to overturn the
decision. This subsection applies notwithstanding, and as an
alternative to, any other provision of law establishing appeal
procedures. Applicants choosing to utilize this appeal authority are
deemed to have satisfied all administrative remedies.
Sec. 707 RCW 78.44.081 and 1997 c 192 s 1 are each amended to
read as follows:
(1) After July 1, 1993, no miner or permit holder may engage in
surface mining without having first obtained a reclamation permit from
the department. Operating permits issued by the department between
January 1, 1971, and June 30, 1993, shall be considered reclamation
permits. A separate permit shall be required for each noncontiguous
surface mine. The reclamation permit shall consist of the permit forms
and any exhibits attached thereto. The permit holder shall comply with
the provisions of the reclamation permit unless waived and explained in
writing by the department.
(2) Prior to receiving a reclamation permit, an applicant must
submit an application on forms provided by the department that shall
contain the following information and shall be considered part of the
reclamation permit:
(((1))) (a) Name and address of the legal landowner, or purchaser
of the land under a real estate contract;
(((2))) (b) The name of the applicant and, if the applicants are
corporations or other business entities, the names and addresses of
their principal officers and resident agent for service of process;
(((3))) (c) A reasonably accurate description of the minerals to be
surface mined;
(((4))) (d) Type of surface mining to be performed;
(((5))) (e) Estimated starting date, date of completion, and date
of completed reclamation of surface mining;
(((6))) (f) Size and legal description of the permit area and
maximum lateral and vertical extent of the disturbed area;
(((7))) (g) Expected area to be disturbed by surface mining during
(((a))) (i) the next twelve months, and (((b))) (ii) the following
twenty-four months;
(((8))) (h) Any applicable SEPA documents; and
(((9))) (i) Other pertinent data as required by the department.
(3) The reclamation permit shall be granted for the period required
to deplete essentially all minerals identified in the reclamation
permit on the land covered by the reclamation plan. The reclamation
permit shall be valid until the reclamation is complete unless the
permit is canceled by the department.
(4)(a) All decisions on applications under this chapter must be
completed and the decision returned to the applicant within ninety days
of submitting the application. If the ninety-day deadline is not
satisfied, the applicant may file a motion in the appropriate superior
court requesting court approval of the application.
(b) If the application is denied either within or after the ninety-day decision period, the applicant may file a motion in the appropriate
superior court requesting the court to overturn the decision. This
subsection applies notwithstanding, and as an alternative to, any other
provision of law establishing appeal procedures. Applicants choosing
to utilize this appeal authority are deemed to have satisfied all
administrative remedies.
NEW SECTION. Sec. 708 A new section is added to chapter 18.104
RCW to read as follows:
(1) All decisions on applications under this chapter must be
completed and the decision returned to the applicant within ninety days
of submitting the application. If the ninety-day deadline is not
satisfied, the applicant may file a motion in the appropriate superior
court requesting court approval of the application.
(2) If the application is denied either within or after the ninety-day decision period, the applicant may file a motion in the appropriate
superior court requesting the court to overturn the decision. This
subsection applies notwithstanding, and as an alternative to, any other
provision of law establishing appeal procedures. Applicants choosing
to utilize this appeal authority are deemed to have satisfied all
administrative remedies.
Sec. 709 RCW 86.16.025 and 1995 c 8 s 4 are each amended to read
as follows:
(1) Subject to RCW 43.21A.068, with respect to such features as may
affect flood conditions, the department shall have authority to
examine, approve, or reject designs and plans for any structure or
works, public or private, to be erected or built or to be reconstructed
or modified upon the banks or in or over the channel or over and across
the floodway of any stream or body of water in this state.
(2)(a) All decisions on applications under this chapter must be
completed and the decision returned to the applicant within ninety days
of submitting the application. If the ninety-day deadline is not
satisfied, the applicant may file a motion in the appropriate superior
court requesting court approval of the application.
(b) If the application is denied either within or after the ninety-day decision period, the applicant may file a motion in the appropriate
superior court requesting the court to overturn the decision. This
subsection applies notwithstanding, and as an alternative to, any other
provision of law establishing appeal procedures. Applicants choosing
to utilize this appeal authority are deemed to have satisfied all
administrative remedies.
Sec. 710 RCW 70.95.205 and 1998 c 36 s 18 are each amended to
read as follows:
(1) Waste-derived soil amendments that meet the standards and
criteria in this section may apply for exemption from solid waste
permitting as required under RCW 70.95.170. The application shall be
submitted to the department in a format determined by the department or
an equivalent format. The application shall include:
(a) Analytical data showing that the waste-derived soil amendments
meet standards established under RCW 15.54.800; and
(b) Other information deemed appropriate by the department to
protect human health and the environment.
(2) After receipt of an application, the department shall review it
to determine whether the application is complete, and forward a copy of
the complete application to all interested jurisdictional health
departments for review and comment. Within forty-five days, the
jurisdictional health departments shall forward their comments and any
other information they deem relevant to the department, which shall
then give final approval or disapproval of the application. Every
complete application shall be approved or disapproved by the department
within ninety days after receipt. If the ninety-day deadline is not
satisfied, the applicant may file a motion in the appropriate superior
court requesting court approval of the application. If the application
is denied either within or after the ninety-day decision period, the
applicant may file a motion in the appropriate superior court
requesting the court to overturn the decision. This subsection applies
notwithstanding, and as an alternative to, any other provision of law
establishing appeal procedures. Applicants choosing to utilize this
appeal authority are deemed to have satisfied all administrative
remedies.
(3) The department, after providing opportunity for comments from
the jurisdictional health departments, may at any time revoke an
exemption granted under this section if the quality or use of the
waste-derived soil amendment changes or the management, storage, or end
use of the waste-derived soil amendment constitutes a threat to human
health or the environment.
(4) Any aggrieved party may appeal the determination by the
department in subsection (2) or (3) of this section to the pollution
control hearings board.
Sec. 711 RCW 15.54.820 and 1998 c 36 s 16 are each amended to
read as follows:
(1) After receipt from the department of the completed application
required by RCW 15.54.325, the department of ecology shall evaluate
whether the use of the proposed waste-derived fertilizer or the
micronutrient fertilizer as defined in RCW 15.54.270 is consistent with
the following:
(a) Chapter 70.95 RCW, the solid waste management act;
(b) Chapter 70.105 RCW, the hazardous waste management act; and
(c) 42 U.S.C. Sec. 6901 et seq., the resource conservation and
recovery act.
(2) The department of ecology shall apply the standards adopted in
RCW 15.54.800. If more stringent standards apply under chapter 173-303
WAC for the same constituents, the department of ecology must use the
more stringent standards.
(3) Within sixty days of receiving the completed application, the
department of ecology shall advise the department as to whether the
application complies with the requirements of subsections (1) and (2)
of this section. In making a determination, the department of ecology
shall consult with the department of health and the department of labor
and industries.
(4) A party aggrieved by a decision of the department of ecology to
issue a written approval under this section or to deny the issuance of
such an approval may appeal the decision to the pollution control
hearings board within thirty days of the decision. Review of such a
decision shall be conducted in accordance with either subsection (5) of
this section or with chapter 43.21B RCW((.)), with any subsequent
appeal of a decision of the hearings board ((shall be)) obtained in
accordance with RCW 43.21B.180.
(5)(a) All decisions on applications under this chapter must be
completed and the decision returned to the applicant within ninety days
of submitting the application. If the ninety-day deadline is not
satisfied, the applicant may file a motion in the appropriate superior
court requesting court approval of the application.
(b) If the application is denied either within or after the ninety-day decision period, the applicant may file a motion in the appropriate
superior court requesting the court to overturn the decision. This
subsection applies notwithstanding, and as an alternative to, any other
provision of law establishing appeal procedures. Applicants choosing
to utilize this appeal authority are deemed to have satisfied all
administrative remedies.
Sec. 712 RCW 43.21C.033 and 1995 c 347 s 422 are each amended to
read as follows:
(1)(a) Except as provided in subsection (2) of this section, the
responsible official shall make a threshold determination on a
completed application within ninety days after the application and
supporting documentation are complete. The applicant may request an
additional thirty days for the threshold determination. The
governmental entity responsible for making the threshold determination
shall by rule, resolution, or ordinance adopt standards, consistent
with rules adopted by the department to implement this chapter, for
determining when an application and supporting documentation are
complete.
(b) If the ninety-day deadline is not satisfied, the applicant may
file a motion in the appropriate superior court requesting court
approval of the application. If the application is denied either
within or after the ninety-day decision period, the applicant may file
a motion in the appropriate superior court requesting the court to
overturn the decision. This subsection applies notwithstanding, and as
an alternative to, any other provision of law establishing appeal
procedures. Applicants choosing to utilize this appeal authority are
deemed to have satisfied all administrative remedies.
(2) Subsection (1)(a) of this section shall not apply to a city,
town, or county that:
(a) By ordinance adopted prior to April 1, 1992, has adopted
procedures to integrate permit and land use decisions with the
requirements of this chapter; or
(b) Is planning under RCW 36.70A.040 ((and is subject to the
requirements of RCW 36.70B.090)).
Sec. 713 RCW 77.115.040 and 2011 c 339 s 37 are each amended to
read as follows:
(1) All aquatic farmers, as defined in RCW 15.85.020, shall
register with the department. The application fee is one hundred five
dollars. The director shall assign each aquatic farm a unique
registration number and develop and maintain in an electronic database
a registration list of all aquaculture farms. The department shall
establish procedures to annually update the aquatic farmer information
contained in the registration list. The department shall coordinate
with the department of health using shellfish growing area
certification data when updating the registration list.
(2)(a) All decisions on registrations under this chapter must be
completed and the decision returned to the applicant within ninety days
of submitting the registrations. If the ninety-day deadline is not
satisfied, the applicant may file a motion in the appropriate superior
court requesting court approval of the application.
(b) If the application is denied either within or after the ninety-day decision period, the applicant may file a motion in the appropriate
superior court requesting the court to overturn the decision. This
subsection applies notwithstanding, and as an alternative to, any other
provision of law establishing appeal procedures. Applicants choosing
to utilize this appeal authority are deemed to have satisfied all
administrative remedies.
(3) Registered aquaculture farms shall provide the department with
the following information:
(a) The name of the aquatic farmer;
(b) The address of the aquatic farmer;
(c) Contact information such as telephone, fax, web site, and e-mail address, if available;
(d) The number and location of acres under cultivation, including
a map displaying the location of the cultivated acres;
(e) The name of the landowner of the property being cultivated or
otherwise used in the aquatic farming operation;
(f) The private sector cultured aquatic product being propagated,
farmed, or cultivated; and
(g) Statistical production data.
(((3))) (4) The state veterinarian shall be provided with
registration and statistical data by the department.
NEW SECTION. Sec. 714 A new section is added to chapter 69.30
RCW to read as follows:
(1) All decisions on applications under this chapter must be
completed and the decision returned to the applicant within ninety days
of submitting the application. If the ninety-day deadline is not
satisfied, the applicant may file a motion in the appropriate superior
court requesting court approval of the application.
(2) If the application is denied either within or after the ninety-day decision period, the applicant may file a motion in the appropriate
superior court requesting the court to overturn the decision. This
subsection applies notwithstanding, and as an alternative to, any other
provision of law establishing appeal procedures. Applicants choosing
to utilize this appeal authority are deemed to have satisfied all
administrative remedies.
NEW SECTION. Sec. 715 A new section is added to chapter 90.64
RCW to read as follows:
(1) All decisions on applications under this chapter must be
completed and the decision returned to the applicant within ninety days
of submitting the application. If the ninety-day deadline is not
satisfied, the applicant may file a motion in the appropriate superior
court requesting court approval of the application.
(2) If the application is denied either within or after the ninety-day decision period, the applicant may file a motion in the appropriate
superior court requesting the court to overturn the decision. This
subsection applies notwithstanding, and as an alternative to, any other
provision of law establishing appeal procedures. Applicants choosing
to utilize this appeal authority are deemed to have satisfied all
administrative remedies.
NEW SECTION. Sec. 716 A new section is added to chapter 15.58
RCW to read as follows:
(1) All decisions on applications under this chapter must be
completed and the decision returned to the applicant within ninety days
of submitting the application. If the ninety-day deadline is not
satisfied, the applicant may file a motion in the appropriate superior
court requesting court approval of the application.
(2) If the application is denied either within or after the ninety-day decision period, the applicant may file a motion in the appropriate
superior court requesting the court to overturn the decision. This
subsection applies notwithstanding, and as an alternative to, any other
provision of law establishing appeal procedures. Applicants choosing
to utilize this appeal authority are deemed to have satisfied all
administrative remedies.
NEW SECTION. Sec. 717 A new section is added to chapter 17.21
RCW to read as follows:
(1) All decisions on applications under this chapter must be
completed and the decision returned to the applicant within ninety days
of submitting the application. If the ninety-day deadline is not
satisfied, the applicant may file a motion in the appropriate superior
court requesting court approval of the application.
(2) If the application is denied either within or after the ninety-day decision period, the applicant may file a motion in the appropriate
superior court requesting the court to overturn the decision. This
subsection applies notwithstanding, and as an alternative to, any other
provision of law establishing appeal procedures. Applicants choosing
to utilize this appeal authority are deemed to have satisfied all
administrative remedies.
Sec. 718 RCW 16.65.030 and 2003 c 326 s 65 are each amended to
read as follows:
(1) No person shall operate a public livestock market without first
having obtained a license from the director. Application for a license
shall be in writing on forms prescribed by the director, and shall
include the following:
(a) A nonrefundable original license application fee of two
thousand dollars.
(b) A legal description of the property upon which the public
livestock market shall be located.
(c) A complete description and blueprints or plans of the public
livestock market physical plant, yards, pens, and all facilities the
applicant proposes to use in the operation of such public livestock
market.
(d) A financial statement, audited by a certified or licensed
public accountant, to determine whether or not the applicant meets the
minimum net worth requirements, established by the director by rule, to
construct and/or operate a public livestock market. If the applicant
is a subsidiary of a larger company, corporation, society, or
cooperative association, both the parent company and the subsidiary
company must submit a financial statement to determine whether or not
the applicant meets the minimum net worth requirements. All financial
statement information required by this subsection is confidential
information and not subject to public disclosure.
(e) The schedule of rates and charges the applicant proposes to
impose on the owners of livestock for services rendered in the
operation of such livestock market.
(f) The weekly or monthly sales day or days on which the applicant
proposes to operate his or her public livestock market sales and the
class of livestock that may be sold on these days.
(g) Projected source and quantity of livestock anticipated to be
handled.
(h) Projected gross dollar volume of business to be carried on, at,
or through the public livestock market during the first year's
operation.
(i) Facts upon which is based the conclusion that the trade area
and the livestock industry will benefit because of the proposed market.
(j) Other information as the director may require by rule.
(2) If the director determines that the applicant meets all the
requirements of subsection (1) of this section, the director shall
conduct a public hearing as provided by chapter 34.05 RCW, and shall
grant or deny an application for original license for a public
livestock market after considering evidence and testimony relating to
the requirements of this section and giving reasonable consideration
to:
(a) Benefits to the livestock industry to be derived from the
establishment and operation of the public livestock market proposed in
the application;
(b) The geographical area that will be affected;
(c) The conflict, if any, with sales days already allocated in the
area;
(d) The amount and class of livestock available for marketing in
the area;
(e) Buyers available to the proposed market; and
(f) Any other conditions affecting the orderly marketing of
livestock.
(3) Before a license is issued to operate a public livestock
market, the applicant must:
(a) Execute and deliver to the director a surety bond as required
under RCW 16.65.200;
(b) Provide evidence of a custodial account, as required under RCW
16.65.140, for the consignor's proceeds;
(c) Pay the appropriate license fee; and
(d) Provide other information required under this chapter and rules
adopted under this chapter.
(4)(a) All decisions under this section must be completed and the
decision returned to the applicant within ninety days of submitting the
registrations. If the ninety-day deadline is not satisfied, the
applicant may file a motion in the appropriate superior court
requesting court approval of the application.
(b) If the application is denied either within or after the ninety-day decision period, the applicant may file a motion in the appropriate
superior court requesting the court to overturn the decision. This
subsection applies notwithstanding, and as an alternative to, any other
provision of law establishing appeal procedures. Applicants choosing
to utilize this appeal authority are deemed to have satisfied all
administrative remedies.
NEW SECTION. Sec. 719 A new section is added to chapter 70.95J
RCW to read as follows:
(1) All decisions on applications under this chapter must be
completed and the decision returned to the applicant within ninety days
of submitting the application. If the ninety-day deadline is not
satisfied, the applicant may file a motion in the appropriate superior
court requesting court approval of the application.
(2) If the application is denied either within or after the ninety-day decision period, the applicant may file a motion in the appropriate
superior court requesting the court to overturn the decision. This
subsection applies notwithstanding, and as an alternative to, any other
provision of law establishing appeal procedures. Applicants choosing
to utilize this appeal authority are deemed to have satisfied all
administrative remedies.
Sec. 720 RCW 70.119A.110 and 2011 c 102 s 1 are each amended to
read as follows:
(1) No person may operate a group A public water system unless the
person first submits an application to the department and receives an
operating permit as provided in this section. A new application must
be submitted upon any change in ownership of the system.
(2) The department may require that each application include the
information that is reasonable and necessary to determine that the
system complies with applicable standards and requirements of the
federal safe drinking water act, state law, and rules adopted by the
department or by the state board of health.
(3)(a) Following its review of the application, its supporting
material, and any information received by the department in its
investigation of the application, the department shall issue or deny
the operating permit. The department shall act on initial permit
applications as expeditiously as possible, and shall in all cases
either grant or deny the application within ((one hundred twenty))
ninety days of receipt of the application or of any supplemental
information required to complete the application.
(b) The applicant for a permit shall be entitled to two different
appeals pathways:
(i) The applicant may file an appeal in accordance with chapter
34.05 RCW if the department denies the initial or subsequent
applications or imposes conditions or requirements upon the operator.
Any operator of a public water system that requests a hearing may
continue to operate the system until a decision is issued after the
hearing.
(ii) In the alternative, if the ninety-day deadline is not
satisfied, the applicant may file a motion in the appropriate superior
court requesting court approval of the application. If the application
is denied either within or after the ninety-day decision period, the
applicant may file a motion in the appropriate superior court
requesting the court to overturn the decision. This subsection applies
notwithstanding, and as an alternative to, any other provision of law
establishing appeal procedures. Applicants choosing to utilize this
appeal authority are deemed to have satisfied all administrative
remedies.
(4) At the time of initial permit application or at the time of
permit renewal the department may impose such permit conditions,
requirements for system improvements, and compliance schedules as it
determines are reasonable and necessary to ensure that the system will
provide a safe and reliable water supply to its users.
(5) Operating permits shall be issued for a term of one year, and
shall be renewed annually, unless the operator fails to apply for a new
permit or the department finds good cause to deny the application for
renewal.
(6) Each application shall be accompanied by an annual fee.
(7) The department shall adopt rules, in accordance with chapter
34.05 RCW, necessary to implement this section.
(8) The department shall establish by rule categories of annual
operating permit fees based on system size, complexity, and number of
service connections. Fees charged must be sufficient to cover, but may
not exceed, the costs to the department of administering a program for
safe and reliable drinking water. The department shall use operating
permit fees to monitor and enforce compliance by group A public water
systems with state and federal laws that govern planning, water use
efficiency, design, construction, operation, maintenance, financing,
management, and emergency response.
(9) The annual per-connection fee may not exceed one dollar and
fifty cents. The department shall phase-in implementation of any
annual fee increase greater than ten percent, and shall establish the
schedule for implementation by rule. Rules established by the
department prior to 2020 must limit the annual operating permit fee for
any public water system to no greater than one hundred thousand
dollars.
(10) The department shall notify existing public water systems of
the requirements of RCW 70.119A.030, 70.119A.060, and this section at
least one hundred twenty days prior to the date that an application for
a permit is required pursuant to RCW 70.119A.030, 70.119A.060, and this
section.
(11) The department shall issue one operating permit to any
approved satellite system management agency. Operating permit fees for
approved satellite system management agencies must be established by
the department by rule. Rules established by the department must set
a single fee based on the total number of connections for all group A
public water systems owned by a satellite management agency.
(12) For purposes of this section, "group A public water system"
and "system" mean those water systems with fifteen or more service
connections, regardless of the number of people; or a system serving an
average of twenty-five or more people per day for sixty or more days
within a calendar year, regardless of the number of service
connections.
Sec. 721 RCW 90.03.350 and 1995 c 8 s 6 are each amended to read
as follows:
(1) Except as provided in RCW 43.21A.068, any person, corporation
or association intending to construct or modify any dam or controlling
works for the storage of ten acre feet or more of water, shall before
beginning said construction or modification, submit plans and
specifications of the same to the department for examination and
approval as to its safety. Such plans and specifications shall be
submitted in duplicate, one copy of which shall be retained as a public
record, by the department, and the other returned with its approval or
rejection endorsed thereon. No such dam or controlling works shall be
constructed or modified until the same or any modification thereof
shall have been approved as to its safety by the department. Any such
dam or controlling works constructed or modified in any manner other
than in accordance with plans and specifications approved by the
department or which shall not be maintained in accordance with the
order of the department shall be presumed to be a public nuisance and
may be abated in the manner provided by law, and it shall be the duty
of the attorney general or prosecuting attorney of the county wherein
such dam or controlling works, or the major portion thereof, is
situated to institute abatement proceedings against the owner or owners
of such dam or controlling works, whenever he or she is requested to do
so by the department.
(2) A metals mining and milling operation regulated under chapter
232, Laws of 1994 is subject to additional dam safety inspection
requirements due to the special hazards associated with failure of a
tailings pond impoundment. The department shall inspect these
impoundments at least quarterly during the project's operation and at
least annually thereafter for the postclosure monitoring period in
order to ensure the safety of the dam or controlling works. The
department shall conduct additional inspections as needed during the
construction phase of the mining operation in order to ensure the safe
construction of the tailings impoundment.
(3)(a) All decisions on plan applications under this section must
be completed and the decision returned to the applicant within ninety
days of submitting the application. If the ninety-day deadline is not
satisfied, the applicant may file a motion in the appropriate superior
court requesting court approval of the application.
(b) If the application is denied either within or after the ninety-day decision period, the applicant may file a motion in the appropriate
superior court requesting the court to overturn the decision. This
subsection applies notwithstanding, and as an alternative to, any other
provision of law establishing appeal procedures. Applicants choosing
to utilize this appeal authority are deemed to have satisfied all
administrative remedies.
Sec. 722 RCW 90.03.370 and 2003 c 329 s 1 are each amended to
read as follows:
(1)(a) All applications for reservoir permits are subject to the
provisions of RCW 90.03.250 through 90.03.320. But the party or
parties proposing to apply to a beneficial use the water stored in any
such reservoir shall also file an application for a permit, to be known
as the secondary permit, which shall be in compliance with the
provisions of RCW 90.03.250 through 90.03.320. Such secondary
application shall refer to such reservoir as its source of water supply
and shall show documentary evidence that an agreement has been entered
into with the owners of the reservoir for a permanent and sufficient
interest in said reservoir to impound enough water for the purposes set
forth in said application. When the beneficial use has been completed
and perfected under the secondary permit, the department shall take the
proof of the water users under such permit and the final certificate of
appropriation shall refer to both the ditch and works described in the
secondary permit and the reservoir described in the primary permit.
The department may accept for processing a single application form
covering both a proposed reservoir and a proposed secondary permit or
permits for use of water from that reservoir.
(b) The department shall expedite processing applications for the
following types of storage proposals:
(i) Development of storage facilities that will not require a new
water right for diversion or withdrawal of the water to be stored;
(ii) Adding or changing one or more purposes of use of stored
water;
(iii) Adding to the storage capacity of an existing storage
facility; and
(iv) Applications for secondary permits to secure use from existing
storage facilities.
(c) A secondary permit for the beneficial use of water shall not be
required for use of water stored in a reservoir where the water right
for the source of the stored water authorizes the beneficial use.
(2)(a) All decisions on applications under this section must be
completed and the decision returned to the applicant within ninety days
of submitting the application. If the ninety-day deadline is not
satisfied, the applicant may file a motion in the appropriate superior
court requesting court approval of the application.
(b) If the application is denied either within or after the ninety-day decision period, the applicant may file a motion in the appropriate
superior court requesting the court to overturn the decision. This
subsection applies notwithstanding, and as an alternative to, any other
provision of law establishing appeal procedures. Applicants choosing
to utilize this appeal authority are deemed to have satisfied all
administrative remedies.
(3)(a) For the purposes of this section, "reservoir" includes, in
addition to any surface reservoir, any naturally occurring underground
geological formation where water is collected and stored for subsequent
use as part of an underground artificial storage and recovery project.
To qualify for issuance of a reservoir permit an underground geological
formation must meet standards for review and mitigation of adverse
impacts identified, for the following issues:
(i) Aquifer vulnerability and hydraulic continuity;
(ii) Potential impairment of existing water rights;
(iii) Geotechnical impacts and aquifer boundaries and
characteristics;
(iv) Chemical compatibility of surface waters and groundwater;
(v) Recharge and recovery treatment requirements;
(vi) System operation;
(vii) Water rights and ownership of water stored for recovery; and
(viii) Environmental impacts.
(b) Standards for review and standards for mitigation of adverse
impacts for an underground artificial storage and recovery project
shall be established by the department by rule. Notwithstanding the
provisions of RCW 90.03.250 through 90.03.320, analysis of each
underground artificial storage and recovery project and each
underground geological formation for which an applicant seeks the
status of a reservoir shall be through applicant-initiated studies
reviewed by the department.
(((3))) (4) For the purposes of this section, "underground
artificial storage and recovery project" means any project in which it
is intended to artificially store water in the ground through
injection, surface spreading and infiltration, or other department-approved method, and to make subsequent use of the stored water.
However, (a) this subsection does not apply to irrigation return flow,
or to operational and seepage losses that occur during the irrigation
of land, or to water that is artificially stored due to the
construction, operation, or maintenance of an irrigation district
project, or to projects involving water reclaimed in accordance with
chapter 90.46 RCW; and (b) RCW 90.44.130 applies to those instances of
claimed artificial recharge occurring due to the construction,
operation, or maintenance of an irrigation district project or
operational and seepage losses that occur during the irrigation of
land, as well as other forms of claimed artificial recharge already
existing at the time a groundwater subarea is established.
(((4))) (5) Nothing in chapter 98, Laws of 2000 changes the
requirements of existing law governing issuance of permits to
appropriate or withdraw the waters of the state.
(((5))) (6) The department shall report to the legislature by
December 31, 2001, on the standards for review and standards for
mitigation developed under subsection (((3))) (4) of this section and
on the status of any applications that have been filed with the
department for underground artificial storage and recovery projects by
that date.
(((6))) (7) Where needed to ensure that existing storage capacity
is effectively and efficiently used to meet multiple purposes, the
department may authorize reservoirs to be filled more than once per
year or more than once per season of use.
(((7))) (8) This section does not apply to facilities to recapture
and reuse return flow from irrigation operations serving a single farm
under an existing water right as long as the acreage irrigated is not
increased beyond the acreage allowed to be irrigated under the water
right.
(((8))) (9) In addition to the facilities exempted under subsection
(((7))) (8) of this section, this section does not apply to small
irrigation impoundments. For purposes of this section, "small
irrigation impoundments" means lined surface storage ponds less than
ten acre feet in volume used to impound irrigation water under an
existing water right where use of the impoundment: (a)(i) Facilitates
efficient use of water; or (ii) promotes compliance with an approved
recovery plan for endangered or threatened species; and (b) does not
expand the number of acres irrigated or the annual consumptive quantity
of water used. Such ponds must be lined unless a licensed engineer
determines that a liner is not needed to retain water in the pond and
to prevent groundwater contamination. Although it may also be composed
of other materials, a properly maintained liner may be composed of
bentonite. Water remaining in a small irrigation impoundment at the
end of an irrigation season may be carried over for use in the next
season. However, the limitations of this subsection (((8))) (9) apply.
Development and use of a small irrigation impoundment does not
constitute a change or amendment for purposes of RCW 90.03.380 or
90.44.055.
Sec. 723 RCW 90.58.140 and 2012 c 84 s 2 are each amended to read
as follows:
(1) A development shall not be undertaken on the shorelines of the
state unless it is consistent with the policy of this chapter and,
after adoption or approval, as appropriate, the applicable guidelines,
rules, or master program.
(2) A substantial development shall not be undertaken on shorelines
of the state without first obtaining a permit from the government
entity having administrative jurisdiction under this chapter.
A permit shall be granted:
(a) From June 1, 1971, until such time as an applicable master
program has become effective, only when the development proposed is
consistent with: (i) The policy of RCW 90.58.020; and (ii) after their
adoption, the guidelines and rules of the department; and (iii) so far
as can be ascertained, the master program being developed for the area;
(b) After adoption or approval, as appropriate, by the department
of an applicable master program, only when the development proposed is
consistent with the applicable master program and this chapter.
(3) The local government shall establish a program, consistent with
rules adopted by the department, for the administration and enforcement
of the permit system provided in this section. The administration of
the system so established shall be performed exclusively by the local
government.
(4) Except as otherwise specifically provided in subsection (11) of
this section, the local government shall require notification of the
public of all applications for permits governed by any permit system
established pursuant to subsection (3) of this section by ensuring that
notice of the application is given by at least one of the following
methods:
(a) Mailing of the notice to the latest recorded real property
owners as shown by the records of the county assessor within at least
three hundred feet of the boundary of the property upon which the
substantial development is proposed;
(b) Posting of the notice in a conspicuous manner on the property
upon which the project is to be constructed; or
(c) Any other manner deemed appropriate by local authorities to
accomplish the objectives of reasonable notice to adjacent landowners
and the public.
The notices shall include a statement that any person desiring to
submit written comments concerning an application, or desiring to
receive notification of the final decision concerning an application as
expeditiously as possible after the issuance of the decision, may
submit the comments or requests for decisions to the local government
within thirty days of the last date the notice is to be published
pursuant to this subsection. The local government shall forward, in a
timely manner following the issuance of a decision, a copy of the
decision to each person who submits a request for the decision.
If a hearing is to be held on an application, notices of such a
hearing shall include a statement that any person may submit oral or
written comments on an application at the hearing.
(5) The system shall include provisions to assure that construction
pursuant to a permit will not begin or be authorized until twenty-one
days from the date the permit decision was filed as provided in
subsection (6) of this section; or until all review proceedings are
terminated if the proceedings were initiated within twenty-one days
from the date of filing as defined in subsection (6) of this section
except as follows:
(a) In the case of any permit issued to the state of Washington,
department of transportation, for the construction and modification of
SR 90 (I-90) on or adjacent to Lake Washington, the construction may
begin after thirty days from the date of filing, and the permits are
valid until December 31, 1995;
(b)(i) In the case of any permit or decision to issue any permit to
the state of Washington, department of transportation, for the
replacement of the floating bridge and landings of the state route
number 520 Evergreen Point bridge on or adjacent to Lake Washington,
the construction may begin twenty-one days from the date of filing.
Any substantial development permit granted for the floating bridge and
landings is deemed to have been granted on the date that the local
government's decision to grant the permit is issued. This
authorization to construct is limited to only those elements of the
floating bridge and landings that do not preclude the department of
transportation's selection of a four-lane alternative for state route
number 520 between Interstate 5 and Medina. Additionally, the
Washington state department of transportation shall not engage in or
contract for any construction on any portion of state route number 520
between Interstate 5 and the western landing of the floating bridge
until the legislature has authorized the imposition of tolls on the
Interstate 90 floating bridge and/or other funding sufficient to
complete construction of the state route number 520 bridge replacement
and HOV program. For the purposes of this subsection (5)(b), the
"western landing of the floating bridge" means the least amount of new
construction necessary to connect the new floating bridge to the
existing state route number 520 and anchor the west end of the new
floating bridge;
(ii) Nothing in this subsection (5)(b) precludes the shorelines
hearings board from concluding that the project or any element of the
project is inconsistent with the goals and policies of the shoreline
management act or the local shoreline master program;
(iii) This subsection (5)(b) applies retroactively to any appeals
filed after January 1, 2012, and to any appeals filed on or after March
23, 2012, and expires June 30, 2014.
(c) Except as authorized in (b) of this subsection, construction
may be commenced no sooner than thirty days after the date of the
appeal of the board's decision is filed if a permit is granted by the
local government and (i) the granting of the permit is appealed to the
shorelines hearings board within twenty-one days of the date of filing,
(ii) the hearings board approves the granting of the permit by the
local government or approves a portion of the substantial development
for which the local government issued the permit, and (iii) an appeal
for judicial review of the hearings board decision is filed pursuant to
chapter 34.05 RCW. The appellant may request, within ten days of the
filing of the appeal with the court, a hearing before the court to
determine whether construction pursuant to the permit approved by the
hearings board or to a revised permit issued pursuant to the order of
the hearings board should not commence. If, at the conclusion of the
hearing, the court finds that construction pursuant to such a permit
would involve a significant, irreversible damaging of the environment,
the court shall prohibit the permittee from commencing the construction
pursuant to the approved or revised permit until all review proceedings
are final. Construction pursuant to a permit revised at the direction
of the hearings board may begin only on that portion of the substantial
development for which the local government had originally issued the
permit, and construction pursuant to such a revised permit on other
portions of the substantial development may not begin until after all
review proceedings are terminated. In such a hearing before the court,
the burden of proving whether the construction may involve significant
irreversible damage to the environment and demonstrating whether such
construction would or would not be appropriate is on the appellant;
(d) Except as authorized in (b) of this subsection, if the permit
is for a substantial development meeting the requirements of subsection
(11) of this section, construction pursuant to that permit may not
begin or be authorized until twenty-one days from the date the permit
decision was filed as provided in subsection (6) of this section.
If a permittee begins construction pursuant to (a), (b), (c), or
(d) of this subsection, the construction is begun at the permittee's
own risk. If, as a result of judicial review, the courts order the
removal of any portion of the construction or the restoration of any
portion of the environment involved or require the alteration of any
portion of a substantial development constructed pursuant to a permit,
the permittee is barred from recovering damages or costs involved in
adhering to such requirements from the local government that granted
the permit, the hearings board, or any appellant or intervener.
(6) Any decision on an application for a permit under the authority
of this section, whether it is an approval or a denial, shall,
concurrently with the transmittal of the ruling to the applicant, be
filed with the department and the attorney general. This shall be
accomplished by return receipt requested mail. A petition for review
of such a decision must be commenced within twenty-one days from the
date of filing of the decision.
(a) With regard to a permit other than a permit governed by
subsection (10) of this section, "date of filing" as used in this
section refers to the date of actual receipt by the department of the
local government's decision.
(b) With regard to a permit for a variance or a conditional use
governed by subsection (10) of this section, "date of filing" means the
date the decision of the department is transmitted by the department to
the local government.
(c) When a local government simultaneously transmits to the
department its decision on a shoreline substantial development with its
approval of either a shoreline conditional use permit or variance, or
both, "date of filing" has the same meaning as defined in (b) of this
subsection.
(d) The department shall notify in writing the local government and
the applicant of the date of filing by telephone or electronic means,
followed by written communication as necessary, to ensure that the
applicant has received the full written decision.
(7) Applicants for permits under this section have the burden of
proving that a proposed substantial development is consistent with the
criteria that must be met before a permit is granted. In any review of
the granting or denial of an application for a permit as provided in
RCW 90.58.180 (1) and (2), the person requesting the review has the
burden of proof.
(8) Any permit may, after a hearing with adequate notice to the
permittee and the public, be rescinded by the issuing authority upon
the finding that a permittee has not complied with conditions of a
permit. If the department is of the opinion that noncompliance exists,
the department shall provide written notice to the local government and
the permittee. If the department is of the opinion that the
noncompliance continues to exist thirty days after the date of the
notice, and the local government has taken no action to rescind the
permit, the department may petition the hearings board for a rescission
of the permit upon written notice of the petition to the local
government and the permittee if the request by the department is made
to the hearings board within fifteen days of the termination of the
thirty-day notice to the local government.
(9) The holder of a certification from the governor pursuant to
chapter 80.50 RCW shall not be required to obtain a permit under this
section.
(10) Any permit for a variance or a conditional use issued with
approval by a local government under their approved master program must
be submitted to the department for its approval or disapproval.
(11)(a) An application for a substantial development permit for a
limited utility extension or for the construction of a bulkhead or
other measures to protect a single-family residence and its appurtenant
structures from shoreline erosion shall be subject to the following
procedures:
(i) The public comment period under subsection (4) of this section
shall be twenty days. The notice provided under subsection (4) of this
section shall state the manner in which the public may obtain a copy of
the local government decision on the application no later than two days
following its issuance;
(ii) The local government shall issue its decision to grant or deny
the permit within twenty-one days of the last day of the comment period
specified in (a)(i) of this subsection; and
(iii) If there is an appeal of the decision to grant or deny the
permit to the local government legislative authority, the appeal shall
be finally determined by the legislative authority within thirty days.
(b) For purposes of this section, a limited utility extension means
the extension of a utility service that:
(i) Is categorically exempt under chapter 43.21C RCW for one or
more of the following: Natural gas, electricity, telephone, water, or
sewer;
(ii) Will serve an existing use in compliance with this chapter;
and
(iii) Will not extend more than twenty-five hundred linear feet
within the shorelines of the state.
(12)(a) All decisions on permits under this section must be
completed and the decision returned to the applicant within ninety days
of submitting the application. If the ninety-day deadline is not
satisfied, the applicant may file a motion in the appropriate superior
court requesting court approval of the permit.
(b) If the permit is denied either within or after the ninety-day
decision period, the applicant may file a motion in the appropriate
superior court requesting the court to overturn the decision. This
subsection applies notwithstanding, and as an alternative to, any other
provision of law establishing appeal procedures. Applicants choosing
to utilize this appeal authority are deemed to have satisfied all
administrative remedies.
Sec. 724 RCW 70.118B.030 and 2007 c 343 s 4 are each amended to
read as follows:
(1) A person may not install or operate a large on-site sewage
system without an operating permit as provided in this chapter after
July 1, 2009. The owner of the system is responsible for obtaining a
permit.
(2) The department shall issue operating permits in accordance with
the rules adopted under RCW 70.118B.040.
(3) The department shall ensure the system meets all applicable
siting, design, construction, and installation requirements prior to
issuing an initial operating permit. Prior to renewing an operating
permit, the department may review the performance of the system to
determine compliance with rules and any permit conditions.
(4) At the time of initial permit application or at the time of
permit renewal the department shall impose those permit conditions,
requirements for system improvements, and compliance schedules as it
determines are reasonable and necessary to ensure that the system will
be operated and maintained properly. Each application must be
accompanied by a fee as established in rules adopted by the department.
(5) Operating permits shall be issued for a term of one year, and
shall be renewed annually, unless the operator fails to apply for a new
permit or the department finds good cause to deny the application for
renewal.
(6) Each permit may be issued only for the site and owner named in
the application. Permits are not transferable or assignable except
with the written approval of the department.
(7) The department may deny an application for a permit or modify,
suspend, or revoke a permit in any case in which it finds that the
permit was obtained by fraud or there is or has been a failure,
refusal, or inability to comply with the requirements of this chapter
or the standards or rules adopted under this chapter. RCW 43.70.115
governs notice of denial, revocation, suspension, or modification and
provides the right to an adjudicative proceeding to the permit
applicant or permittee.
(8) For systems with design flows of more than fourteen thousand
five hundred gallons per day, the department shall adopt rules to
ensure adequate public notice and opportunity for review and comment on
initial large on-site sewage system permit applications and subsequent
permit applications to increase the volume of waste disposal or change
effluent characteristics. The rules must include provisions for notice
of final decisions. Methods for providing notice may include
electronic mail, posting on the department's internet site, publication
in a local newspaper, press releases, mailings, or other means of
notification the department determines appropriate.
(9) A person aggrieved by the issuance of an initial permit, or by
the issuance of a subsequent permit to increase the volume of waste
disposal or to change effluent characteristics, for systems with design
flows of more than fourteen thousand five hundred gallons per day, has
the right to an adjudicative proceeding. The application for an
adjudicative proceeding must be in writing, state the basis for
contesting the action, include a copy of the decision, be served on and
received by the department within twenty-eight days of receipt of
notice of the final decision, and be served in a manner that shows
proof of receipt. An adjudicative proceeding conducted under this
subsection is governed by chapter 34.05 RCW.
(10) Any permit issued by the department of ecology for a large
on-site sewage system under chapter 90.48 RCW is valid until it first
expires after July 22, 2007. The system owner shall apply for an
operating permit at least one hundred twenty days prior to expiration
of the department of ecology permit.
(11) Systems required to meet operator certification requirements
under chapter 70.95B RCW must continue to meet those requirements as a
condition of the department operating permit.
(12)(a) All decisions on permits under this section must be
completed and the decision returned to the applicant within ninety days
of submitting the application. If the ninety-day deadline is not
satisfied, the applicant may file a motion in the appropriate superior
court requesting court approval of the permit.
(b) If the permit is denied either within or after the ninety-day
decision period, the applicant may file a motion in the appropriate
superior court requesting the court to overturn the decision. This
subsection applies notwithstanding, and as an alternative to, any other
provision of law establishing appeal procedures. Applicants choosing
to utilize this appeal authority are deemed to have satisfied all
administrative remedies.
NEW SECTION. Sec. 725 A new section is added to chapter 90.66
RCW to read as follows:
(1) All decisions on permits or transfers under this section must
be completed and the decision returned to the applicant within ninety
days of submitting the application. If the ninety-day deadline is not
satisfied, the applicant may file a motion in the appropriate superior
court requesting court approval of the permit.
(2) If the permit is denied either within or after the ninety-day
decision period, the applicant may file a motion in the appropriate
superior court requesting the court to overturn the decision. This
subsection applies notwithstanding, and as an alternative to, any other
provision of law establishing appeal procedures. Applicants choosing
to utilize this appeal authority are deemed to have satisfied all
administrative remedies.
NEW SECTION. Sec. 801 A new section is added to chapter 34.05
RCW to read as follows:
(1) Agencies must provide to any business licensed to do business
in the state of Washington a period of at least five business days to
correct any violation of state law or agency rule before the agency may
impose any fines, civil penalties, or administrative sanctions. If no
correction is possible, this subsection does not apply.
(2) Exceptions to requirements of subsection (1) of this section
may be made for any of the following reasons:
(a) The agency head determines that the effect of the violation or
waiver presents a direct danger to the public health, poses a
potentially significant threat to human health or safety, or causes
serious harm to the public interest;
(b) The order is one to cease and desist an activity that violates
a statute or rule protecting public health or safety, the environment,
or would cause serious harm to the public interest;
(c) The violation involves a knowing or willful violation;
(d) The violation is of a requirement concerning the assessment,
collection, or administration of any tax, tax program, debt, revenue,
receipt, a regulated entity's financial filings, or insurance rate or
form filing;
(e) The requirements in this section are in conflict with federal
law or program requirements, federal requirements that are a prescribed
condition to the allocation of federal funds to the state, or the
requirements for eligibility of employers in this state for federal
unemployment tax credits, as determined by the agency head;
(f) The business committing the violation previously violated the
exact or substantially similar requirement; or
(g) The owner or operator of the business committing the violation
owns or operates, or owned or operated a different business that
previously violated a substantially similar requirement.
(3) This section does not prohibit an agency from waiving fines,
civil penalties, or administrative sanctions incurred by a business for
a violation.
(4) This section may be construed to diminish the responsibility
for any citizen or business to apply for and obtain a permit, license,
or authorizing document that is required to engage in a regulated
activity, or otherwise comply with state or federal law.
(5) This section may not be construed to apply to businesses
required to provide accurate and complete information and documentation
in relation to any claim for payment of state or federal funds or who
are licensed or certified to provide care and services to vulnerable
adults or children.
(6) This section does not affect the attorney general's authority
to impose fines, civil penalties, or administrative sanctions as
otherwise authorized by law; nor does this section affect the attorney
general's authority to enforce the consumer protection act, chapter
19.86 RCW.
NEW SECTION. Sec. 901 The legislature finds that property owners
are finding increasing restrictions placed on their property in the
name of the public good without just compensation. Many government
agencies expect the property owner to pay for and accept the burdens
placed on them by government statutes, ordinances, regulations,
policies, and permitting requirements that provide a benefit to someone
other than the property owner at the property owner's expense.
NEW SECTION. Sec. 902 A new section is added to chapter 36.70A
RCW to read as follows:
(1) Government authorities must provide just compensation to
property owners whenever land use ordinances, regulations, or policies
adopted pursuant to requirements in this chapter or as part of a land
use permitting decision require the property owner to:
(a) Place any form of signage on their property related to
provisions in this chapter or ordinances adopted to comply with this
chapter or associated regulations;
(b) Pay for and place fencing around critical areas, open space,
habitat areas, riparian areas, or other property features;
(c) Record restrictive covenants, land use designations, or change
any legal lot description on the property;
(d) Restore vegetation in a location where no vegetation existed
during the time the property owner owned the property or vegetation
degraded through natural causes;
(e) Make expenditures in furtherance of protecting the function and
values of wetlands;
(f) Make any expenditure in furtherance of protecting the function
and values of riparian areas; or
(g) Grant or set aside easements for public access on the property.
(2) Unless under the authority of a specific statutory requirement,
a state agency may not adopt a rule or policy that results in any
governmental authority being required to provide just compensation
under this section.
Sec. 903 RCW 36.70B.030 and 1995 c 347 s 404 are each amended to
read as follows:
(1) Fundamental land use planning choices made in adopted
comprehensive plans and development regulations shall serve as the
foundation for project review. The review of a proposed project's
consistency with applicable development regulations, or in the absence
of applicable regulations the adopted comprehensive plan, under RCW
36.70B.040 shall incorporate the determinations under this section.
(2) During project review, a local government or any subsequent
reviewing body shall determine whether the items listed in this
subsection are defined in the development regulations applicable to the
proposed project or, in the absence of applicable regulations the
adopted comprehensive plan. At a minimum, such applicable regulations
or plans shall be determinative of the:
(a) Type of land use permitted at the site, including uses that may
be allowed under certain circumstances, such as planned unit
developments and conditional and special uses, if the criteria for
their approval have been satisfied;
(b) Density of residential development in urban growth areas; and
(c) Availability and adequacy of public facilities identified in
the comprehensive plan, if the plan or development regulations provide
for funding of these facilities as required by chapter 36.70A RCW.
(3) During project review, the local government or any subsequent
reviewing body shall not reexamine alternatives to or hear appeals on
the items identified in subsection (2) of this section, except for
issues of code interpretation. As part of its project review process,
a local government shall provide a procedure for obtaining a code
interpretation as provided in RCW 36.70B.110.
(4)(a) Pursuant to RCW 43.21C.240, a local government may determine
that the requirements for environmental analysis and mitigation
measures in development regulations and other applicable laws provide
adequate mitigation for some or all of the project's specific adverse
environmental impacts to which the requirements apply.
(b) Local governments may not require without just compensation
that property owners: (i) Place any form of signage on their property;
(ii) pay for and place fencing around critical areas, open space,
habitat areas, or other government designated property attributes;
(iii) record restrictive covenants, land use designations, or change
any legal lot description on the property; (iv) restore vegetation in
locations where no vegetation existed during the time the property
owner owned the land or the vegetation degraded due to natural causes;
(v) make any expenditure in furtherance of protective measures for the
function and values of wetlands or riparian areas; or (vi) grant or set
aside easements for public access on the property.
(5) Except under subsection (4)(b) of this section, nothing in this
section limits the authority of a permitting agency to approve,
condition, or deny a project as provided in its development regulations
adopted under chapter 36.70A RCW and in its policies adopted under RCW
43.21C.060. Project review shall be used to identify specific project
design and conditions relating to the character of development, such as
the details of site plans, curb cuts, drainage swales, transportation
demand management, the payment of impact fees, or other measures to
mitigate a proposal's probable adverse environmental impacts, if
applicable.
(6) Subsections (1) through (4) of this section apply only to local
governments planning under RCW 36.70A.040.
NEW SECTION. Sec. 1001
This chapter is written to implement RCW 36.70A.103 of the growth
management act, which requires state agencies to comply with local
development regulations. In addition, this chapter implements chapter
43.21H RCW, state economic policy.
This chapter is intended to address federal and state agency
regulation of land and natural resource use directly and is intended to
be used as a positive guide for federal and state agencies in their
development and implementation of regulations affecting land and
natural resources use in Washington state.
NEW SECTION. Sec. 1002
(1) "Agency" means all state agencies and all local agencies.
"State agency" includes every state office, department, division,
bureau, board, commission, or other state agency. "Local agency"
includes every county, city, town, municipal corporation, quasi-municipal corporation, or special purpose district, or any office,
department, division, bureau, board, commission, or agency thereof, or
other local public agency.
(2) "Just compensation" means compensation equal to the full extent
of a property owner's loss, including the fair market value of the
private property taken and business losses arising from government
action, whether the taking is by physical occupation or through
regulation, exaction, or other means and includes compounded interest
calculated from the date of the taking until the date payment is
tendered.
(3) "Owner" means the owner or possessor of property or rights in
property at the time the taking occurs, including when the statute,
regulation, rule, order, guideline, policy, or action is passed or
promulgated or the permit, license, authorization, or governmental
permission is denied or suspended.
(4) "Private property" or "property" means all property protected
under the fifth amendment to the United States Constitution and the
third and sixteenth sections of the Declaration of Rights of the
Washington state Constitution (Article I, sections 3 and 16 of the
state Constitution), any applicable state law, or this chapter, and
including but not limited to any of the following:
(a) Real property, whether vested or unvested, including estates in
fee, life estates, estates for years, or otherwise; inchoate interests
in real property such as remainders and future interests; personality
that is affixed to or appurtenant to real property; easements;
leaseholds; recorded liens; and contracts or other security interests
in, or related to, real property;
(b) The right to use water or the right to receive water, including
any recorded lines on such water right;
(c) Rents, issues, and profits of land, including minerals, timber,
fodder, crops, oil and gas, coal, or geothermal energy;
(d) Property rights provided by, or memorialized in, a contract;
(e) Any interest defined as property under state law; and
(f) Any interest understood to be property based on custom, usage,
common law, or mutually reinforcing understandings sufficiently well-grounded in law to back a claim of interest.
(5) "Taking of private property" or "taking" or "take" means any
action whereby private property is directly taken by government action
as to require compensation under the fifth amendment to the United
States Constitution and the third and sixteenth sections of the
Declaration of Rights of the Washington state Constitution (Article I,
sections 3 and 16 of the state Constitution) or under this chapter,
including by physical invasion, regulation, exaction, condition, or
other means and does not include a condemnation action filed by
government in an applicable court or an action filed by government
relating to criminal forfeiture.
NEW SECTION. Sec. 1003
(2) A private property taking impact analysis is a written
statement that includes:
(a) The specific purpose of the rule, ordinance, policy,
regulation, proposal, recommendation, or related agency action;
(b) An assessment of the likelihood that a taking of private
property will occur under the rule, ordinance, policy, regulation,
proposal, recommendation, or related agency action;
(c) An evaluation of whether the rule, ordinance, policy,
regulation, proposal, recommendation, or related agency action is
likely to require compensation to private property owners;
(d) Alternatives to the rule, policy, regulation, proposal,
recommendation, or related agency action that would achieve the
intended purposes of the agency action and lessen the likelihood that
a taking of private property will occur;
(e) An estimate of the potential liability of the agency, if the
agency is required to compensate a private property owner; and
(f) For state agencies, if the rule, policy, regulation, proposal,
recommendation, or related agency action is in response to a federal
mandate, the name of the federal agency responsible for the policy,
regulation, proposal, recommendation, or related action.
(3) Each agency shall provide an analysis as part of any proposed
rule, ordinance, policy, regulation, proposal, recommendation, or
related agency action and submit the analysis to the board of county
commissioners, in affected jurisdictions, in conjunction with a
proposed rule, policy, regulation, proposal, recommendation, or related
action prior to adoption.
(4) No final rule may be promulgated if enforcement of the rule
could reasonably be construed to require an uncompensated taking of
private property as defined by this chapter.
NEW SECTION. Sec. 1004
(2) An economic impact analysis is a written statement that
includes:
(a) The specific purpose of the rule, policy, regulation,
legislative bill, proposal, recommendation, or related agency action;
(b) An assessment of the economic impacts likely to occur as a
result of the rule, policy, regulation, proposal, legislative bill,
recommendation, or related agency action. The economic assessment
shall consider impacts to individual property owners, impacts to the
affected jurisdictions economy and impacts to the state's general fund;
(c) Alternatives to the rule, policy, regulation, proposal,
recommendation, or related agency action that would achieve the
intended purpose and lessen the economic impacts that are likely to
occur;
(d) For state agencies, if the rule, policy, regulation, proposal,
recommendation, or related agency action is in response to a federal
mandate, the name of the federal agency responsible for the policy,
regulation, proposal, recommendation.
(3) State agencies shall provide an analysis as part of any
proposed rule, policy, regulation, proposal, recommendation, or related
agency action and submit the analysis to the board of county
commissioners, in affected jurisdictions, in conjunction with a
proposed rule, policy, regulation, proposal, recommendation, or related
action prior to adoption.
NEW SECTION. Sec. 1005
NEW SECTION. Sec. 1006
(b) A person is aggrieved or adversely affected within the meaning
of this section if:
(i) The agency action has prejudiced or is likely to prejudice that
person; and
(ii) That person's asserted interests are among those that the
agency was required to consider when it engaged in the agency action
challenged.
(c) An analysis is insufficient for purposes of this section if:
(i) The analysis is not supported by substantial evidence or
evidence pertinent to Washington state; or
(ii) The facts presented by the petitioning party with regard to
his or her property clearly indicate a mistake of law or fact was made
and implementation or enforcement of the regulation would cause
substantial injustice.
(2) An order restraining any person, agency, or all agencies may
contain provision for the payment of pertinent court costs and
reasonable attorneys' fees and administration expenses as is equitable
and the court deems appropriate in the circumstances.
(3) If the court issues an order restraining the implementation or
enforcement of a state agency regulation as it applies to individuals
not parties to the litigation, the court must send the order to the
code reviser's office to be published in the Washington State Register.
(4) The petitioner does not have to exhaust administrative remedies
prior to seeking a court order under this section.
(5) Nothing in this section may be construed to limit any remedy
that any person may have under the laws of the state of Washington or
of the United States.
(6) Every agency, who under color of any law, statute, rule,
ordinance, or regulation, subjects or causes to be subjected, any
person within Washington state to the deprivation of any property
rights secured by this chapter is liable to the person injured in an
action at law, suit in equity or other legal proceeding for redress.
(7) Any agency employee, under the color of law, statute, rule,
ordinance, regulation, policy, custom or omission, subjects any person
in Washington state to the deprivation of any property rights secured
or protected by this chapter, whether willfully or from negligence, is
in violation of this chapter and may be fined up to one thousand
dollars per occurrence of a violation.
NEW SECTION. Sec. 1007 A new section is added to chapter 36.70A
RCW to read as follows:
The provisions of chapter 34.--- RCW (the new chapter created in
section 1103 of this act) apply to this chapter.
NEW SECTION. Sec. 1008 A new section is added to chapter 43.21H
RCW to read as follows:
The provisions of chapter 34.--- RCW (the new chapter created in
section 1103 of this act) apply to this chapter.
NEW SECTION. Sec. 1101 Sections 501 and 502 of this act
constitute a new chapter in Title
NEW SECTION. Sec. 1102 Sections 608 and 609 of this act
constitute a new chapter in Title
NEW SECTION. Sec. 1103 Sections 1001 through 1006 of this act
constitute a new chapter in Title
NEW SECTION. Sec. 1104 If any part of this act is found to be in
conflict with federal requirements that are a prescribed condition to
the allocation of federal funds to the state, the conflicting part of
this act is inoperative solely to the extent of the conflict and with
respect to the agencies directly affected, and this finding does not
affect the operation of the remainder of this act in its application to
the agencies concerned. Rules adopted under this act must meet federal
requirements that are a necessary condition to the receipt of federal
funds by the state.
NEW SECTION. Sec. 1105 If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected.
NEW SECTION. Sec. 1106 Sections 101 through 106 of this act are
necessary for the immediate preservation of the public peace, health,
or safety, or support of the state government and its existing public
institutions, and take effect immediately.