Retirement of a member for service shall be made by the retirement board as follows:

      (1) Any judge who, on August 9, 1971 or within one year thereafter, shall have completed as a judge the years of actual service required under chapter 2.12 RCW and who shall elect to become a member of this system, shall in all respects be deemed qualified to retire under this retirement system upon ((his)) the member's written request.

      (2) Any member who has completed fifteen or more years of service may be retired upon ((his)) the member's written request but shall not be eligible to receive a retirement allowance until the member attains the age of sixty years.

      (3) Any member who attains the age of seventy-five years shall be retired at the end of the calendar year in which ((he)) the member attains such age.

      (4) Any judge who involuntarily leaves service or who is appointed to a position as a federal judge or federal magistrate at any time after having served an aggregate of twelve years shall be eligible to a partial retirement allowance computed according to RCW 2.10.110 and shall receive this allowance upon the attainment of the age of sixty years and fifteen years after the beginning of ((his)) the member's judicial service."

      On motion of Senator Loveland, the following title amendment was adopted:

      On page 1, line 1 of the title, after "eligibility;" strike the remainder of the title and insert "and amending RCW 2.10.100."

MOTION

      On motion of Senator Loveland, the rules were suspended, Engrossed House Bill No. 2057, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

MOTION

      On motion of Senator Prentice, Senator Franklin was excused.

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed House Bill No. 2057, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed House Bill No. 2057, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 45; Nays, 1; Absent, 1; Excused, 2.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Oke, Owen, Palmer, Pelz, Prentice, Prince, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 45.

      Voting nay: Senator Newhouse - 1.

      Absent: Senator Quigley - 1.

      Excused: Senators Anderson, C. and Franklin - 2.

      ENGROSSED HOUSE BILL NO. 2057, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      HOUSE BILL NO. 1359, by Representatives Van Luven and G. Fisher (by request of Department of Revenue)

Affecting the administration and collection of the cigarette tax.

      The bill was read the second time.

MOTION

      Senator McDonald moved that the following amendments by Senators McDonald and Snyder be considered simultaneously and be adopted:

      On page 13, line 17, before "The" insert "(1)"

      On page 13, after line 18, insert the following:

      "(2)(a) The department shall convene the cigarette tax and revenue loss advisory committee. The advisory committee shall consist of the following members:

      (i) Two members recommended by the Washington state association of neighborhood stores, appointed by the speaker of the house of representatives and the majority leader of the senate;

      (ii) One member recommended by the Korean-American grocers association, appointed by the speaker of the house of representatives and the majority leader of the senate;

      (iii) One wholesaler of tobacco products, appointed by the speaker of the house of representatives and the majority leader of the senate;

      (iv) One distributor of tobacco products, appointed by the speaker of the house of representatives and the majority leader of the senate;

      (v) The director of the department of revenue or the director's designee;

      (vi) A representative of the Washington state liquor control board;

      (vii) Four representatives of the senate committee on ways and means;

      (viii) Four representatives of the house of representatives committee on finance; and

      (ix) The governor or the governor's designee.

      (b) Nonlegislative members may receive reimbursement from the governor's office for travel under RCW 43.03.050 and 43.03.060. Legislative members may be reimbursed under RCW 41.04.300.

      (c)(i) The advisory committee shall review, analyze, and report all cigarette tax losses determined from the best evidence and analytical techniques available to have been experienced by the state of Washington due to cross border sales, Indian sales, casual and organized bootlegging or smuggling, and sales on military reservations. This report must cover the period from January 1, 1992, through December 1, 1995. This report must be made to the appropriate committees of the legislature by January 15, 1996.

      (ii) The report must quantify cigarette tax losses attributable to each of the categories enumerated in (c)(i) of this subsection by year and the total loss of revenue experienced by the state in each year. In a year during which the cigarette tax was increased, the losses must be broken down to reveal revenue losses during the year before the increase and revenue losses during the year after the increase.

      (iii) The report must state the sources of information used to make estimates of revenue loss in each year and the methodology used to convert such information into estimates of revenue lost. If assumptions are required to be made in developing these estimates, the assumptions must be clearly stated and justified in the report. If a determination is made not to utilize certain available information that might be probative of revenue losses, the omission must be noted and the rationale for its omission clearly stated.

      (iv) In addition to establishing from the best information available the amount of cigarette revenue lost in each year, the report must include an enumeration and analysis of the underlying reasons for such losses, and a narrative summary accurately and objectively setting forth the findings embodied in the report.

      (d) The advisory committee may utilize the staff of the department, the Washington state liquor control board, the senate committee on ways and means, and the house of representatives committee on finance for the purpose of carrying out this subsection."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the amendments by Senators McDonald and Snyder on page 13, lines 17 and 18, to House Bill No. 1359.

      The motion by Senator McDonald carried and the amendments were adopted.

MOTION

      On motion of Senator Loveland, the rules were suspended, House Bill No. 1359, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1359, as amended by the Senate..

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1359, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 47.

      Excused: Senators Anderson, C. and Franklin - 2.

      HOUSE BILL NO. 1359, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      HOUSE BILL NO. 1436, by Representatives Dyer and B. Thomas

Supplementing emergency services resulting from the impact of tourism in small communities.

      The bill was read the second time.

MOTIONS

      On motion of Senator Drew, the following Committee on Ways and Means amendment was adopted:

      On page 1, strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. A new section is added to chapter 67.28 RCW to read as follows:

      (1) The legislative body of any city with a population of less than two thousand that is located in a county with a population of at least one million is authorized to levy and collect a special excise tax not to exceed two percent on the sale of or charge made for the furnishing of lodging by a hotel, rooming house, tourist court, motel, trailer camp, and the granting of any similar license to use real property, as distinguished from the renting or leasing of real property, except that no tax shall be levied on a premises having fewer than forty lodging units. For the purposes of this tax, it shall be presumed that the occupancy of real property for a continuous period of one month or more constitutes a rental or lease of real property and not a mere license to use or to enjoy the same.

      (2) The tax authorized in subsection (1) of this section is in addition to any other tax authorized by law.

      (3) Any seller, as defined in RCW 82.08.010, who is required to collect any tax under this section shall pay over such tax to the city as provided in RCW 67.28.200. The deduction from state taxes under RCW 67.28.190 does not apply to the tax imposed under this section.

      (4) All taxes levied and collected under this section shall be credited to a special fund in the treasury of the city. Such taxes shall only be used to mitigate the impacts of tourism or flooding."

      On motion of Senator Drew, the following title amendment was adopted:

      On page 1, line 1 of the title, after "lodging;" strike the remainder of the title and insert "and adding a new section to chapter 67.28 RCW."

MOTION

      On motion of Senator Drew, the rules were suspended, House Bill No. 1436, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

      Debate ensued.

      The President declared the question before the Senate to be the roll call on the final passage of House Bill No. 1436, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of House Bill No. 1436, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 26; Nays, 21; Absent, 0; Excused, 2.

      Voting yea: Senators Bauer, Drew, Fairley, Finkbeiner, Fraser, Gaspard, Hargrove, Haugen, Heavey, Kohl, Loveland, McAuliffe, Oke, Owen, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Sellar, Sheldon, Smith, Snyder, Spanel and Wojahn - 26.

      Voting nay: Senators Anderson, A., Cantu, Deccio, Hale, Hochstatter, Johnson, Long, McCaslin, McDonald, Morton, Moyer, Newhouse, Palmer, Roach, Schow, Strannigan, Sutherland, Swecker, West, Winsley and Wood - 21.

      Excused: Senators Anderson, C. and Franklin - 2.

      HOUSE BILL NO. 1436, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1810, by House Committee on Agriculture and Ecology (originally sponsored by Representatives Chandler, Honeyford, Thompson and L. Thomas)

Creating a legislative task force to review the model toxics control act.

      The bill was read the second time.

MOTION

      Senator Fraser moved that the following Committee on Ways and Means amendment be adopted:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. (1) The department of ecology shall establish a policy advisory committee to provide advice to the legislature and the department on administrative and legislative actions to more effectively implement the model toxics control act, chapter 70.105D RCW. The committee shall consist of the following members:

      (a) Four legislative members selected as provided in subsection (2) of this section;

      (b) Four representatives of citizen and environmental organizations;

      (c) Four representatives of business, including two representatives of small business and two representatives of large business;

      (d) One representative of counties;

      (e) One representative of cities;

      (f) One representative of ports;

      (g) One member of the scientific advisory board created under RCW 70.105D.030(4);

      (h) One representative of an environmental consulting firm engaged in the remediation of contaminated sites;

      (i) Not more than three additional members selected by the department from recommendations provided by the committee; and

      (j) The directors of the departments of ecology and health or their designees.

      (2) The president of the senate and the speaker of the house of representatives may each appoint one member from each major caucus in the senate and the house of representatives, respectively, to serve as members of the committee.

      (3) In making appointments under subsection (1) (b), (c), (d), (e), (f), (g), and (h) of this section, the department shall select from the lists of recommendations submitted by recognized regional or state-wide organizations representing the interests of that category.

      (4) The initial meeting of the committee shall be scheduled no later than August 1, 1995. At the initial meeting the members shall select a presiding officer and adopt procedures for carrying out their duties under sections 2 and 3 of this act. In conducting its review the committee shall, wherever possible, operate on a consensus basis and, when consensus is not possible to achieve, the committee should encourage the development of recommendations that are broadly supported within the committee. Where consensus is not achieved, other views within the committee shall be included in any reports required by sections 2 and 3 this act.

      (5) The committee may divide itself into subcommittees. The committee should seek input from people who are interested in its work and who will, in the committee's view, bring experience or technical or interdisciplinary insight to a thoughtful consideration of the issues before the committee.

      (6) The department shall provide staffing and other assistance to the committee, including facilitators from within or outside of state government if requested. Such assistance shall include information in response to reasonable requests from the committee, provided that the information is not protected by attorney-client privilege.

      (7) Legislative members of the committee shall be reimbursed for travel expenses as provided in RCW 44.04.120. If other members would not be able to participate in the committee's activities because of travel expenses or other financial limitations on the ability to participate fully, the department shall certify the members as entitled to reimbursement for travel expenses as provided in RCW 43.03.050 and 43.03.060.

      (8) At the initial meeting attended by a committee member, the member shall identify the nature of his or her interest in the outcome of matters before the committee. This information shall include the type of organization to which the member belongs and the general nature of the membership and/or business interest of that organization. Thereafter, a committee member shall disclose any potential conflicts of interest or bias that subsequently arise or of which the committee member subsequently becomes aware. A member shall refrain from participating in any matter that the member for any reason cannot act fairly, objectively, and in the public interest with regard to that matter.

      NEW SECTION. Sec. 2. (1) The policy advisory committee shall review, provide advice, and develop recommendations on the following subjects, at a minimum:

      (a) Clean-up standards and clean-up levels, including the use of site-specific risk assessment;

      (b) Policies, rules, and procedures, including the use of cost, current and future land use, and other criteria in the selection of clean-up remedies;

      (c) How the department carries out the clean-up program in practice, including training, and accountability for clean-up decisions and their implementation;

      (d) Improving the clean-up process to provide additional incentives to potentially liable parties to fully and expeditiously fund cleanups;

      (e) The need for adoption of and recommended levels for ecologically based clean-up standards; and

      (f) A review of the effectiveness of independent cleanups.

      (2) The committee shall begin meeting no later than August 1, 1995, to review the model toxics control act and its implementation to date. The committee is encouraged to submit recommendations on policies of state-wide or regional significance to the department at any point during its review. The committee shall submit a preliminary report not later than December 15, 1995, to the appropriate legislative committees, that identifies priority questions and issues that the committee intends to address. The preliminary report shall identify the schedule and approach planned for analyzing these priority issues. The committee shall develop a procedure to allow other interested parties to propose additional questions and issues for review. Any questions and issues the committee chooses to address shall be of regional or state-wide significance. It is not the intent that this committee become engaged in site-specific clean-up decisions at pilot projects or any other sites.

      (3) The committee shall submit a final report to the department and the appropriate legislative committees not later than December 15, 1996, on the priority issues it has identified for review. In addition to action recommendations, the final report may identify issues and priorities for further study, including a recommendation as to whether the committee should continue in existence.

      (4) The department shall assist the committee's review under this section by preparing case studies of a variety of site cleanups involving differing contaminants, quantities of contaminants, media affected, populations exposed, present and future land and resource uses, and other factors. The committee shall seek input from the affected community, potentially liable persons involved in the cleanup and other participants in the clean-up process at the site and include this input in the information included on the case study. The case studies, along with the other information gathered in the review, shall be used by the committee to provide advice and develop recommendations on the questions and issues addressed by the committee.

      NEW SECTION. Sec. 3. (1) Not later than October 1, 1995, the policy advisory committee shall select two pilot projects from a list of proposed pilot project sites provided by the department. The purpose of the pilot projects is to evaluate alternative methods for accomplishing faster, less-expensive, and an equally protective degree of cleanup at complex sites, within the framework provided by the model toxics control act and the rules adopted under the model toxics control act. Pilot projects shall comply with the model toxics control act and the rules adopted under the model toxics control act. Public participation in the clean-up process for these sites shall be as provided in such rules. In order to be eligible for a pilot project, a site shall be conducting remedial actions under an order, agreed order, or consent decree under the model toxics control act and there shall not be significant opposition from the public potentially affected by the site. In addition, the following criteria shall be used by the department and the committee when recommending and selecting a site as a pilot project site:

      (a) The presence of multiple parties at the site and the willingness of these persons to participate in a pilot project;

      (b) The source of contamination at the site. Sites contaminated as a result of current or past industrial activities shall be given a preference over other sites;

      (c) The stage of cleanup at the site. Sites that are in the process of preparing or for which there is recently completed a remedial investigation/feasibility study shall be given preference over other sites; and

      (d) The degree of community support for selecting a site as a pilot project site. To determine the degree of community support, the department shall first consult with interested community and environmental groups. Thereafter, before proposing a site as a pilot project the department shall issue a public notice identifying the site and seeking public comment on the potential for the site to be a pilot project site.

      (2) In the pilot projects the department shall include with the remedial investigation/feasibility study required under the model toxics control act any additional or alternative risk assessments or other analyses that potentially liable persons may wish to prepare at their expense for the purpose of exploration of improved methods to accomplish cleanup under the model toxics control act. The department shall provide technical assistance to identify an appropriate scope for such supplemental analyses, so that the analyses may prove useful in considering improvements to existing practices, policies, rules, and procedures. The department may establish a reasonable schedule for the preparation of any supplemental analyses. The preparation and evaluation of any supplemental analyses shall not result in a delay in remedial actions at the pilot sites. The analyses shall be included in the remedial investigation/feasibility study regardless of whether the department fully concurred in their scope. The department may simultaneously prepare or commission its own supplemental analyses at its own expense, as distinct from department-conducted or department-commissioned or contracted technical review of supplemental analyses prepared by potentially liable persons, which shall remain subject to cost recovery under the model toxics control act.

      (3) In consultation with the potentially liable persons and affected public for each site, the department's site managers shall to the fullest extent possible use the administrative principles set forth, for both the clean-up process and for clean-up standards, as well as other flexible tools available in the rules adopted under the model toxics control act.

      (4) In order to avoid misunderstanding and promote constructive dialogue, the public participation plan for each site shall be designed or revised to educate and involve the public on the nature of the pilot project, the specific issues being explored at the site, and the purpose and scope of any alternative or supplemental analyses.

      (5) The department shall prepare a report on each pilot project highlighting any policy issues raised as a result of the pilot project and providing a copy of the remedial investigation/feasibility study and any supplemental analyses and public comments received for each pilot project to the policy advisory committee. The report shall be submitted to the committee within ninety days after the comment period ends on the remedial investigation/feasibility study for that site. The department shall also keep the committee informed about decisions made regarding the pilot project sites and progress made in implementation of cleanup at these sites. The intent is for the committee to use the information acquired from the pilot projects to supplement other information used in developing policy recommendations under section 2 of this act. The department shall submit a status report to the policy advisory committee no later than March 31, 1996, including an estimated schedule for reporting on each pilot project.

      (6) Nothing in this act shall be construed to prevent or limit the department from fully employing all procedures and standards available under the model toxics control act or the rules adopted to implement the model toxics control act with respect to any site, whether or not it is being considered as a possible pilot project under this section.

      NEW SECTION. Sec. 4. If specific funding for the purposes of this act, referencing this act by bill number, is not provided by June 30, 1995, in the omnibus appropriations act, this act is null and void.

      NEW SECTION. Sec. 5. This act shall expire January 15, 1997."

      Debate ensued.

      The President declared the question before the Senate to be the adoption of the Committee on Ways and Means striking amendment to Engrossed Substitute House Bill No. 1810.

      The motion by Senator Fraser carried and the committee striking amendment was adopted.

MOTIONS

      On motion of Senator Fraser, the following title amendment was adopted:

      On page 1, line 2 of the title, after "act;" strike the remainder of the title and insert "creating new sections; and providing an expiration date."

      On motion of Senator Fraser, the rules were suspended, Engrossed Substitute House Bill No. 1810, as amended by the Senate, was advanced to third reading, the second reading considered the third and the bill was placed on final passage.

POINT OF INQUIRY

      Senator Strannigan: "Senator Fraser, does this, in any way, affect the stringency of the regulations in the Model Toxics Control Act?"       Senator Fraser: "The pilot projects that might be selected would have to live within the existing laws and regulations pertaining to cleanup."

      Senator Strannigan: "And are any two projects specified in the bill?"

      Senator Fraser: "The bill does not select or imply any particular project. There are criteria in the study proposal relating to candidates that would be selected by the Department of Ecology and then finally selected with the advice of the advisory committee."

      The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute House Bill No. 1810, as amended by the Senate.

ROLL CALL

      The Secretary called the roll on the final passage of Engrossed Substitute House Bill No. 1810, as amended by the Senate, and the bill passed the Senate by the following vote: Yeas, 47; Nays, 0; Absent, 0; Excused, 2.

      Voting yea: Senators Anderson, A., Bauer, Cantu, Deccio, Drew, Fairley, Finkbeiner, Fraser, Gaspard, Hale, Hargrove, Haugen, Heavey, Hochstatter, Johnson, Kohl, Long, Loveland, McAuliffe, McCaslin, McDonald, Morton, Moyer, Newhouse, Oke, Owen, Palmer, Pelz, Prentice, Prince, Quigley, Rasmussen, Rinehart, Roach, Schow, Sellar, Sheldon, Smith, Snyder, Spanel, Strannigan, Sutherland, Swecker, West, Winsley, Wojahn and Wood - 47.

      Excused: Senators Anderson, C. and Franklin - 2.

      ENGROSSED SUBSTITUTE HOUSE BILL NO. 1810, as amended by the Senate, having received the constitutional majority, was declared passed. There being no objection, the title of the bill will stand as the title of the act.

SECOND READING

      SUBSTITUTE HOUSE BILL NO. 1658, by House Committee on Agriculture and Ecology (originally sponsored by Representatives Pennington, Hatfield, Morris, Basich, Boldt, Chandler and Benton)

Providing that filled or altered wetlands shall not be considered or treated as wetlands.

      The bill was read the second time.

MOTIONS

      On motion of Senator Fraser, the following Committee on Ecology and Parks amendment was adopted:

      Strike everything after the enacting clause and insert the following:

      "NEW SECTION. Sec. 1. A new section is added to chapter 75.20 RCW to read as follows: