AN ACT Relating to high voltage electric and magnetic fields; adding new sections to chapter 70.54 RCW; creating new sections; prescribing penalties; and making an appropriation.

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

NEW SECTION. Sec. 1. The legislature finds that high voltage levels of electricity create electric and magnetic fields that may result in adverse health effects. A number of scientific studies are beginning to indicate that electromagnetic fields associated with electrical utility facilities may present a significant cancer risk, including an increased incidence of leukemia and other cancers in children. The legislature further finds that initial research by the department of social and health services indicates specific populations at risk in the state work force.

NEW SECTION. Sec. 2. (1) Unless the context clearly requires otherwise, the definitions in this subsection apply to this section.

(a) "Department" means the department of social and health services.

(b) "High voltage transmission line" means a transmission line operating at nominal voltages of one hundred fifteen thousand volts or more.

(2) To protect the public health and safety, the department shall, by December 1, 1989, adopt interim standards for electric and magnetic fields created by high voltage transmission lines and distribution lines. Electric field standards shall not allow public exposure in excess of one kilovolt of alternating current at one meter above ground surface at the edge of the right of way. Magnetic field standards shall not allow public exposure in excess of two milligauss at one meter above ground surface at the edge of the right of way.

(3) The department shall review the interim standards established under this section after completion of studies directed under section 4 of this act.

(4) Construction of overhead high-voltage transmission lines shall be prohibited until the department adopts standards under subsection (2) of this section consistent with the studies directed under section 4 of this act.

NEW SECTION. Sec. 3. (1) The department shall make periodic measurements to determine compliance with the standards established for electric and magnetic fields. The department may impose penalties upon owners of high voltage transmission lines or other electrical equipment that does not meet the standards established by the department in the amount of not more than ten thousand dollars per day for every such violation.

(2) As an alternative to any other penalty provided by law, every person who violates this act shall be subjected to a penalty in an amount of not more than five thousand dollars per day for every such violation. Every such violation shall be a separate and distinct offense. The amount of fine shall reflect the health significance of the violation. In case of continuing violation, every day's continuance shall be a separate and distinct violation. Every person who, through an act of commission or omission, procures, aids, or abets in the violation shall be considered to have violated the provisions of this section and shall be subject to the penalty provided in this section.

(3) The penalty provided for in this section shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the same from the department, describing the violation with reasonable particularity. Within fifteen days after the notice is received, the person incurring the penalty may apply in writing to the department for the remission or mitigation of such penalty. Upon receipt of the application, the department may remit or mitigate the penalty upon whatever terms the department in its discretion deems proper, giving consideration to the degree of hazard associated with the violation, provided the department deems such remission or mitigation to be in the best interests of carrying out the purposes of this chapter. The department shall have authority to ascertain the facts regarding all such applications in such reasonable manner and under such rules as it may deem proper. Any penalty imposed by this section shall be subject to review by the office of administrative hearings in accordance with chapter 34.12 RCW.

(4) Any penalty imposed by this section shall become due and payable thirty days after receipt of a notice imposing the same unless application for remission or mitigation is made or petition for review is filed directly to the office of administrative hearings within thirty days of the imposition of the penalty. When such an application for remission or mitigation is made, any penalty incurred pursuant to this section shall become due and payable thirty days after receipt of notice setting forth the disposition of such application. Any penalty resulting from a decision of the office of administrative hearings shall become due and payable thirty days after receipt of the notice setting forth the decision.

(5) If the amount of any penalty is not paid within thirty days after it becomes due and payable, the attorney general, upon the request of the secretary of the department, shall bring an action in the name of the state of Washington in the superior court of Thurston county, or of any county in which such violator may do business, to recover such penalty. In all such actions, the procedure and rules of evidence shall be the same as an ordinary civil action except as otherwise in this chapter provided.

(6) All penalties imposed under this section shall be payable to the state treasury and credited to the general fund.

NEW SECTION. Sec. 4. (1) The state chronic disease epidemiologist, with assistance from the department of social and health services and the department of labor and industries, shall study and evaluate the impact of electric and magnetic fields on the environment and the work force and report the findings to the legislature by June 30, 1990. The department of social and health services may contract with the University of Washington for technical assistance.

(2) The state board of health, in consultation and cooperation with the Oregon department of energy, shall establish a panel to review and evaluate existing and ongoing research efforts undertaken to determine whether exposure to electromagnetic fields presents an unreasonable cancer risk. The panel shall include at least one member of the faculty of both the school of public health at the University of Washington, the college of engineering at Washington State University, and the state chronic disease epidemiologist. Following its review and evaluation, the panel shall submit to the state board of health a report on its findings on the following matters:

(a) A comprehensive description of any cancer or other medical risks determined to be associated with exposure to electromagnetic fields caused by electrical utility facilities. A summary and bibliography of all completed and ongoing research projects and studies, including those undertaken by the federal government, other states, academic institutions, and the electric utility industry, that are identified by the commission and the department as being associated with cancer or other medical risks which may be related to exposure to electromagnetic fields shall accompany this description.

(b) A description of any higher incidence of leukemia or other cancers experienced by children who reside or attend school in close proximity to electrical utility facilities.

(d) A listing of high-priority research projects that still need to be undertaken to identify cancer or other medical risks which may be related to exposure to electromagnetic fields

(3) The department may contract with other state or local government entities to work jointly on the studies required by this section.

NEW SECTION. Sec. 5. Sections 2 and 3 of this act are each added to chapter 70.54 RCW.

NEW SECTION. Sec. 6. The sum of three hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1991, from the general fund to the department of social and health services for the purposes of this act.