HOUSE BILL REPORT

HB 1182

BYRepresentatives Rust, D. Sommers, G. Fisher, Fraser and Phillips; by request of Director of Ecology

Revising local government roles in hazardous waste siting.

House Committe on Environmental Affairs

Majority Report:  Do pass.  (11)

      Signed by Representatives Rust, Chair, Valle, Vice Chair, D. Sommers, Ranking Republican Member, Brekke, G. Fisher, Fraser, Phillips, Pruitt, Schoon, Sprenkle and Walker.

House Staff:Bonnie Austin (786-7107)

AS PASSED HOUSE MAY 5, 1989

BACKGROUND:

In 1985, the Legislature passed House Bill 975 directing the Department of Ecology (Ecology) to develop siting criteria for all hazardous waste treatment, storage, incineration and disposal facilities by December 31, 1986.  Ecology was given sole responsibility for siting hazardous waste incineration and disposal facilities, preempting local government permitting and regulatory activity relating to these facilities.

Under HB 975, local governments were allowed to permit and regulate hazardous waste treatment and storage facilities in their jurisdictions if they designated appropriate land use zones by June 30, 1988.  If a local government failed to designate appropriate land use zones by this date, Ecology was directed to permanently preempt local zoning authority relating to hazardous waste treatment and storage facilities.

The law requires that local land use zones be consistent with the siting criteria adopted by Ecology.  However, Ecology has not yet adopted the siting criteria.  Considering the consistency requirement, local governments have been hesitant to designate land use zones prior to Ecology's adoption of siting criteria.  According to Ecology, more than 150 towns and cities and 15 counties failed to meet the June 30, 1988 deadline.

SUMMARY:

The Department of Ecology (Ecology) is required to adopt hazardous waste facility siting criteria by May 31, 1990.

The June 30, 1988 deadline for local government compliance with zoning requirements is deleted.  Initial designation of land use zones by local governments shall be completed or revised and submitted to Ecology within 18 months after the adoption of Ecology's siting criteria.

Local governments that do not complete the designation process by the new deadline will be preempted from regulating hazardous waste treatment and storage facilities in their jurisdictions until such time as the local government designates the land use zones and these zones are approved by Ecology.

Fiscal Note:      Requested January 19, 1989.

House Committee ‑ Testified For:    Christine Gregoire, Director of the Department of Ecology, and Betty Tabbutt.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    Over one-half of the local governments have not yet designated zones for hazardous waste treatment and storage facilities. Local government zoning needs to be coordinated with the siting standards that have not yet been adopted.  This bill does not impact incinerator siting.

House Committee - Testimony Against:      None Presented.

VOTE ON FINAL PASSAGE:

      Yeas 90; Absent 1; Excused 7 - May 5

Absent:     Representative Phillips

Excused:    Representatives Beck, Gallagher, Leonard, Padden, Prentice, Schoon and Wolfe