AN ACT Relating to the ecological commission; amending RCW 43.21A.170, 43.21A.180, and 43.21A.190; and creating a new section.

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.

The ecological commission was established in 1971 and has been active ever since. The various laws regulating the conduct of state agency duties were enacted after the act that created the ecological commission. The intent of the amendments to the statutes governing the ecological commission are intended to provide the necessary guidance for the manner in which the commission carries out its duties.

The ecological commission has a wide variety of duties and a wide range of powers unique only unto itself as a body. The oversight of senate confirmation is only appropriate to confirm the responsibilities of appointment. Their ability to review decisions of local governments that are legislative in nature has quasi-judicial overtones and providing guidance to ensure that actions of the commission are not only fair but have the appearance of fairness, is appropriate. Strengthening the relationship between the commission and the director by establishing rules and procedures for their conduct as a body will enhance their ability to provide continuity in their interactions with all who come in contact with this important state commission.

Sec. 2. Section 17, chapter 62, Laws of 1970 ex. sess. as last amended by section 15, chapter 36, Laws of 1988 and RCW 43.21A.170 are each amended to read as follows:

There is hereby created an ecological commission. The commission shall consist of seven members to be appointed by the governor with the advice and consent of the senate, from the electors of the state who shall have a general knowledge of and interest in environmental matters. No persons shall be eligible for appointment who hold any other state, county or municipal elective or appointive office.

(a) One public member shall be a representative of organized labor.

(b) One public member shall be a representative of the business community.

(d) Four persons representing the public at large.

The members of the initial commission shall be appointed within thirty days after July 1, 1970. Of the members of the initial commission, two shall be appointed for terms ending June 30, 1974, two shall be appointed for terms ending on June 30, 1973, two shall be appointed for terms ending on June 30, 1972, and one shall be appointed for a term ending June 30, 1971. Thereafter, each member of the commission shall be appointed for a term of four years. Vacancies shall be filled within ninety days for the remainder of the unexpired term by appointment of the governor in the same manner as the original appointments. Each member of the commission shall continue in office until his successor is appointed. No member shall be appointed for more than two consecutive terms. The chairman of the commission shall be appointed from the members by the governor.

The governor may remove any commission member for cause giving him a copy of the charges against him, and an opportunity of being publicly heard in person, or by counsel in his own defense. There shall be no right of review in any court whatsoever. The director or administrator, or a designated representative, of each of the following state agencies:

(1) The department of agriculture;

(2) The department of trade and economic development;

(3) The department of fisheries;

(4) The department of wildlife;

(5) The department of social and health services;

(6) The department of natural resources; and

(7) The state parks and recreation commission shall be given notice of and may attend all meetings of the commission and shall be given full opportunity to examine and be heard on all proposed orders, regulations or recommendations.

Sec. 3. Section 18, chapter 62, Laws of 1970 ex. sess. as last amended by section 76, chapter 287, Laws of 1984 and RCW 43.21A.180 are each amended to read as follows:

The commission shall meet quarterly at a date and place of its choice, and at such other times as shall be designated by the director or upon the written request of a majority of the commission. All meetings of the commission shall be conducted in accordance with chapter 42.30 RCW, and when considering matters of environmental management that pertain to approval or disapproval of legislative actions taken by local governments, the provisions of chapter 42.36 RCW shall apply. Members of the commission shall be compensated in accordance with RCW 43.03.240 and shall receive reimbursement for their travel expenses as provided in RCW 43.03.050 and 43.03.060.

Sec. 4. 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 ((~~34.04~~)) 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 ((~~34.04~~)) 34.05 RCW.

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 master program proposed, adopted, or amended by a local legislative authority under the provisions of chapter 90.58 RCW, the shoreline management act of 1971, shall be affected by this section.

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.