SENATE BILL REPORT

SB 6540

BYSenator Smitherman

Transferring powers and duties of the shorelines hearings board to the pollution control hearings board.

Senate Committee on Environment & Natural Resources

Senate Hearing Date(s):February 3, 1988

Senate Staff:Gary Wilburn (786-7453)

AS OF JANUARY 28, 1988

BACKGROUND:

The Shoreline Hearings Board was created in 1971 as a part of the Shoreline Management Act.  The Shoreline Board is an administrative appeal body that reviews:  (1) decisions of local governments on shoreline permit applications and master programs; (2) decisions of the Department of Ecology of rules, regulations or guidelines promulgated under the Shoreline Management Act; (3) decisions of the Department on local government master programs; and (4) administrative penalties imposed by the Department or jointly imposed by the Department and a local government.

The Shoreline Board is composed of six members consisting of the three members of the Pollution Control Hearings Board, a member chosen by the Washington Association of Counties, a member chosen by the Association of Washington Cities, and the Public Lands Commissioner or his designee.  Members serve without compensation except for reimbursement of expenses.

The Pollution Control Hearings Board hears and decides appeals from decisions of the Department of Ecology and its director under a variety of environmental programs, and appeals from decisions of regional air pollution control authorities.  The Pollution Board is a three-member body appointed by the Governor to staggered six-year terms.  Its members are required to have experience or training in pertinent matters relating to the environment.  Parties taking an appeal to the Pollution Board may elect either an informal or a formal hearing, and judicial review of Board decisions may be obtained.

SUMMARY:

The Shoreline Hearings Board is abolished and its functions transferred to the Pollution Control Hearings Board.  Provision is made for transfer of records and equipment, with questions on proper allocation to be determined by the Director of Financial Management.  All rules and pending cases are transferred to the jurisdiction of the Pollution Board.  The validity of all prior acts of the Shoreline Board is expressly preserved.

References to the Shorelines Hearings Board in the Shoreline Management Act and other statutes are changed to refer to the Pollution Control Hearings Board.  The jurisdictional statutes of the Pollution Board are expanded to include review of cases formerly under the jurisdiction of the Shoreline Board.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested January 28, 1988