H-4139              _______________________________________________

                                          SUBSTITUTE HOUSE BILL NO. 1770

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By House Committee on State Government (originally sponsored by Representatives Haugen, S. Wilson, Fuhrman, Fraser, Jones and Spanel)

Read first time 2/2/90.

AN ACT Relating to the ecological commission; amending RCW 43.21A.190; and creating new sections.

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

NEW SECTION. Sec. 1.     It is the intent of the legislature to provide guidance and oversight to the agencies, boards, and commissions conducting various duties and functions of state government.  The ecological commission as constituted by statute is an example.

        Sec. 2.  Section 19, chapter 62, Laws of 1970 ex. sess. as amended by section 24, chapter 127, Laws of 1988 and RCW 43.21A.190 are each amended to read as follows:

          It shall be the duty of the members of the commission to provide advice and guidance to the director on each of the following:

          (1) Any positions proposed to be taken by the department on behalf of the state before interstate and federal agencies or federal legislative bodies on matters relating to or affecting the quality of the environment of the state;

          (2) Any comprehensive environment quality plan, program or policy proposed for adoption by the department as a state plan or policy pertaining to an environmental management activity;

          (3) Any procedures for the financial assistance grants proposed to be given to municipal, regional, county or state organizations for environmental quality purposes;

          (4) Any procedures for considering applications for and granting variances;

          (5) Any proposal developed for submission to the legislature as a departmental request bill;

          (6) Any other matter pertaining to the activities of the department submitted by the director for which advice and guidance is requested.

          The director shall submit in writing to each member of the commission all rules and regulations, other than for procedural matters, proposed by him for adoption in accordance with the procedures of chapter 34.05 RCW.  Unless, within thirty days of such notification, five of the members of the commission, notify the director in writing of their disapproval of such proposed rules and regulations and their reasons therefor, such rules and regulations shall be adopted by the director in accordance with the procedures of chapter 34.05 RCW.  Except for communications authorized by this section or RCW 43.21A.200, no member of the ecological commission may participate in any ex parte communication with any person proposing any action by the commission on any proposed rules or regulations referred to it by the director.

Additionally, in carrying out the provisions of this section and chapter, the commission and the director shall, in accordance with RCW 34.05.220, establish rules of practice and procedure for the conduct of commission duties.

          No powers, duties and functions relating to water resources authorized to be performed by the department of ecology, or the director thereof, by the terms of chapter 43.27A RCW or otherwise shall be affected by this section.

NEW SECTION. Sec. 3.     The ecological commission shall submit a summary of the rules of practice and procedure the commission is required to establish under RCW 43.21A.190 to the house of representatives committee on state government and the senate committee on governmental operations by December 1, 1990.