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ONE HUNDRED-FIRST DAY
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MORNING SESSION
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Senate Chamber, Olympia, Wednesday, April 23, 1997
The Senate was called to order at 9:00 a.m. by President Owen. The Secretary called the roll and announced to the President that all Senators were present except Senators Heavey, Horn, McCaslin, McDonald, Patterson and Snyder. On motion of Senator Hale, Senators McCaslin and McDonald were excused. On motion of Senator Franklin, Senators Patterson and Snyder were excused.
The Sergeant at Arms Color Guard, consisting of Pages Kyle Gallagher and Tom Petrich, presented the Colors. Senator Harold Hochstatter offered the prayer.
MOTION
On motion of Senator Johnson, the reading of the Journal of the previous day was dispensed with and it was approved.
REPORTS OF STANDING COMMITTEES
April 22, 1997
EHCR 4407 Prime Sponsor, Representative Clements: Creating a joint select committee on Yakima Valley water storage. Reported by Committee on Agriculture and Environment
MAJORITY Recommendation: Do pass. Signed by Senators Morton, Chair; Swecker, Vice Chair; McAuliffe, Newhouse, Oke and Rasmussen.
Passed to Committee on Rules for second reading.
April 22, 1997
ESHCR 4409 Prime Sponsor, House Committee on Government Reform and Land Use: Establishing a joint select subcommittee on wetlands. Reported by Committee on Agriculture and Environment
MAJORITY Recommendation: Do pass. Signed by Senators Morton, Chair; Swecker, Vice Chair; Newhouse, Oke and Rasmussen.
Passed to Committee on Rules for second reading.
MESSAGE FROM THE GOVERNOR
April 22, 1997
TO THE HONORABLE PRESIDENT AND MEMBERS,
THE SENATE OF THE STATE OF WASHINGTON
Ladies and Gentlemen:
I have the honor to advise you that on April 22, 1997, Governor Locke approved the following Senate Bills entitled:
Substitute Senate Bill No. 5056
Relating to limiting property assessments to permitted land use.
Senate Bill No. 5111
Relating to the preparation of maps by county assessors for listing of real estate.
Substitute Senate Bill No. 5121
Relating to the waiver of cancellation of interest or penalties for certain estate tax returns.
Senate Bill No. 5139
Relating to the state parks and recreation commission fiscal matters.
Senate Bill No. 5181
Relating to a debtor's liability for a deficiency after default under a security agreement.
Second Substitute Senate Bill No. 5313
Relating to environmental mitigation projects.
Senate Bill No. 5383
Relating to the collection of sales tax on manufactured housing.
Senate Bill No. 5395
Relating to the formula for determining certificated instructional staff salaries in basic education and special education programs.
Senate Bill No. 5439
Relating to small public works surface mines.
Senate Bill No. 5452
Relating to the property taxation of nonprofit cancer clinics.
Senate Bill No. 5519
Relating to assuring compliance with sentence conditions.
Senate Bill No. 5551
Relating to significant historic places.
Substitute Senate Bill No. 5578
Relating to technical clarifying changes to the family reconciliation act.
Senate Bill No. 5637
Relating to the residency of the county road engineer.
Substitute Senate Bill No. 5664
Relating to credit and debit card purchases in state liquor stores.
Sincerely,
EVERETT H. BILLINGSLEA, General Counsel
MESSAGES FROM THE HOUSE
April 22, 1997
MR. PRESIDENT:
The Speaker has signed:
SUBSTITUTE SENATE BILL NO. 5003,
SUBSTITUTE SENATE BILL NO. 5028,
SUBSTITUTE SENATE BILL NO. 5077,
SUBSTITUTE SENATE BILL NO. 5079,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5105,
SUBSTITUTE SENATE BILL NO. 5119,
SUBSTITUTE SENATE BILL NO. 5173,
SUBSTITUTE SENATE BILL NO. 5177,
SENATE BILL NO. 5195,
SUBSTITUTE SENATE BILL NO. 5218,
SENATE BILL NO. 5266,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5273,
SUBSTITUTE SENATE BILL NO. 5337,
SUBSTITUTE SENATE BILL NO. 5341,
SUBSTITUTE SENATE BILL NO. 5359,
SUBSTITUTE SENATE BILL NO. 5445,
SUBSTITUTE SENATE BILL NO. 5483,
SENATE BILL NO. 5503,
SUBSTITUTE SENATE BILL NO. 5512,
ENGROSSED SENATE BILL NO. 5514,
SENATE BILL NO. 5530,
SUBSTITUTE SENATE BILL NO. 5539,
SENATE BILL NO. 5554,
SUBSTITUTE SENATE BILL NO. 5563,
SENATE BILL NO. 5570,
SENATE BILL NO. 5659,
SENATE BILL NO. 5674,
SUBSTITUTE SENATE BILL NO. 5715,
SENATE BILL NO. 5741,
SUBSTITUTE SENATE BILL NO. 5750,
ENGROSSED SENATE BILL NO. 5954,
SUBSTITUTE SENATE BILL NO. 5965,
SUBSTITUTE SENATE BILL NO. 6022, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
April 22, 1997
MR. PRESIDENT:
The House grants the request of the Senate for a conference on SUBSTITUTE SENATE BILL NO. 5327. The Speaker has appointed the following members as conferees: Representatives Buck, Alexander and Butler.
TIMOTHY A. MARTIN, Chief Clerk
April 22, 1997
MR. PRESIDENT:
The House grants the request of the Senate for a conference on ENGROSSED SUBSTITUTE SENATE BILL NO. 5491. The Speaker has appointed the following members as conferees: Representatives Boldt, Bush and Tokuda.
TIMOTHY A. MARTIN, Chief Clerk
April 22, 1997
MR. PRESIDENT:
The House grants the request of the Senate for a conference on ENGROSSED SUBSTITUTE SENATE BILL NO. 5574. The Speaker has appointed the following members as conferees: Representatives Carrell, Mulliken and Dunshee.
TIMOTHY A. MARTIN, Chief Clerk
April 22, 1997
MR. PRESIDENT:
The House grants the request of the Senate for a conference on SECOND SUBSTITUTE SENATE BILL NO. 5886. The Speaker has appointed the following members as conferees: Representatives Buck, Alexander and Anderson.
TIMOTHY A. MARTIN, Chief Clerk
April 22, 1997
MR. PRESIDENT:
The House receded from its amendment(s) to SUBSTITUTE SENATE BILL NO. 5175 and passed the bill without the House amendment(s), and the same is herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
April 22, 1997
MR. PRESIDENT:
On SENATE BILL NO. 5034, the Speaker has replaced Representative Wood with Representative Conway as conferee.
TIMOTHY A. MARTIN, Chief Clerk
April 22, 1997
MR. PRESIDENT:
On SECOND SUBSTITUTE SENATE BILL NO. 5508, the Speaker has replaced Representative Talcott with Representative Hickel as conferee.
TIMOTHY A. MARTIN, Chief Clerk
April 22, 1997
MR. PRESIDENT:
The Speaker has signed:
SUBSTITUTE HOUSE BILL NO. 1086,
SUBSTITUTE HOUSE BILL NO. 1257,
SUBSTITUTE HOUSE BILL NO. 1261,
HOUSE BILL NO. 1267,
SUBSTITUTE HOUSE BILL NO. 2083, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
April 22, 1997
MR. PRESIDENT:
The Speaker has signed:
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1032,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1056,
SUBSTITUTE HOUSE BILL NO. 1076,
HOUSE BILL NO. 1162,
SECOND SUBSTITUTE HOUSE BILL NO. 1191,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1527,
SUBSTITUTE HOUSE BILL NO. 1536,
SECOND SUBSTITUTE HOUSE BILL NO. 1557,
SUBSTITUTE HOUSE BILL NO. 1607,
SUBSTITUTE HOUSE BILL NO. 1620,
SUBSTITUTE HOUSE BILL NO. 1768,
SUBSTITUTE HOUSE BILL NO. 1770,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1792,
SECOND SUBSTITUTE HOUSE BILL NO. 1817,
SUBSTITUTE HOUSE BILL NO. 1826,
SUBSTITUTE HOUSE BILL NO. 1875,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2096,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2170,
SUBSTITUTE HOUSE BILL NO. 2189,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2264,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2272, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
April 22, 1997
MR. PRESIDENT:
The Speaker has signed:
SUBSTITUTE HOUSE BILL NO. 1176,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1361,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1372,
SUBSTITUTE HOUSE BILL NO. 1387,
HOUSE BILL NO. 1398,
HOUSE BILL NO. 1646,
SUBSTITUTE HOUSE BILL NO. 1693,
SUBSTITUTE HOUSE BILL NO. 1757,
SUBSTITUTE HOUSE BILL NO. 1780,
SUBSTITUTE HOUSE BILL NO. 1865,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1899,
SUBSTITUTE HOUSE BILL NO. 1903,
HOUSE BILL NO. 1922,
SUBSTITUTE HOUSE BILL NO. 1936,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2013,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2042,
SECOND SUBSTITUTE HOUSE BILL NO. 2080,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2128,
HOUSE BILL NO. 2165,
HOUSE BILL NO. 2267, and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
SIGNED BY THE PRESIDENT
The President signed:
SUBSTITUTE HOUSE BILL NO. 1086,
SUBSTITUTE HOUSE BILL NO. 1257,
SUBSTITUTE HOUSE BILL NO. 1261,
HOUSE BILL NO. 1267,
SUBSTITUTE HOUSE BILL NO. 2083.
SIGNED BY THE PRESIDENT
The President signed:
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1032,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1056,
SUBSTITUTE HOUSE BILL NO. 1076,
HOUSE BILL NO. 1162,
SECOND SUBSTITUTE HOUSE BILL NO. 1191,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1527,
SUBSTITUTE HOUSE BILL NO. 1536,
SECOND SUBSTITUTE HOUSE BILL NO. 1557,
SUBSTITUTE HOUSE BILL NO. 1607,
SUBSTITUTE HOUSE BILL NO. 1620,
SUBSTITUTE HOUSE BILL NO. 1768,
SUBSTITUTE HOUSE BILL NO. 1770,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1792,
SECOND SUBSTITUTE HOUSE BILL NO. 1817,
SUBSTITUTE HOUSE BILL NO. 1826,
SUBSTITUTE HOUSE BILL NO. 1875,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2096,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2170,
SUBSTITUTE HOUSE BILL NO. 2189,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2264,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2272.
SIGNED BY THE PRESIDENT
The President signed:
SUBSTITUTE HOUSE BILL NO. 1176,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1361,
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1372,
SUBSTITUTE HOUSE BILL NO. 1387,
HOUSE BILL NO. 1398,
HOUSE BILL NO. 1646,
SUBSTITUTE HOUSE BILL NO. 1693,
SUBSTITUTE HOUSE BILL NO. 1757,
SUBSTITUTE HOUSE BILL NO. 1780,
SUBSTITUTE HOUSE BILL NO. 1865,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 1899,
SUBSTITUTE HOUSE BILL NO. 1903,
HOUSE BILL NO. 1922,
SUBSTITUTE HOUSE BILL NO. 1936,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2013,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2042,
SECOND SUBSTITUTE HOUSE BILL NO. 2080,
ENGROSSED SUBSTITUTE HOUSE BILL NO. 2128,
HOUSE BILL NO. 2165,
HOUSE BILL NO. 2267.
MESSAGE FROM THE HOUSE
April 21, 1997
MR. PRESIDENT:
The House insists on its position regarding the House amendment(s) to ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5927 and asks the Senate for a conference thereon. The Speaker has appointed the following members as conferees: Representatives Huff, Carlson and Mason.
TIMOTHY A MARTIN, Chief Clerk
MOTION
On motion of Senator Wood, the Senate granted the request of the House for a conference on Engrossed Second Substitute Senate Bill No. 5927 and the House amendment(s) thereto.
APPOINTMENT OF CONFERENCE COMMITTEE
The President appointed as members of the Conference Committee on ENGROSSED SECOND SUBSTITUTE SENATE BILL NO. 5927 and the House amendment(s) thereto: Senators Wood, Kohl and Winsley.
MOTION
On motion of Senator Johnson, the Conference Committee appointments were confirmed.
MOTION
On motion of Senator Bauer, the following resolution was adopted:
SENATE RESOLUTION 1997-8665
By Senator Bauer
WHEREAS, Each year high schools from around Washington participate in the Academic Decathlon where Washington high school students compete against one another by answering questions in the following ten academic areas: Math, economics, science, social science, literature, fine arts, essay, speech, interview, and super quiz; and
WHEREAS, An Academic Decathlon Team is composed of nine students who are given the opportunity to win medals and whose combined score determines the overall winner of the competition; and
WHEREAS, Gold, silver, and bronze medals were awarded to Hudson's Bay High School's Academic Decathlon Team composed of: Court Tisdale, Clayton Hanson, Frank Fuhrman, Matt Cameron, Jon Marshall, Matt Weber, Rian Mueller, Luke Hammer, and William Davis; and
WHEREAS, Leading the Hudson's Bay High School Academic Decathlon Team is Coach Fran Duncan whose dedication and willingness to share her evenings and free time has enabled the Hudson's Bay High School Academic Decathlon Team to win the State Academic Decathlon competition and represent Washington in the national Academic Decathlon in Saint George, Utah; and
WHEREAS, Each team member sacrifices free time after school and on weekends to practice and prepare for the Academic Decathlon; and
WHEREAS, Several members of the Academic Decathlon Team are also on the Hudson's Bay Knowledge Bowl Team that recently won first place at the regional competition and second place at the state competition, and for the last three years has been selected to represent the state of Washington in the national Panasonic Academic Challenge;
NOW, THEREFORE, BE IT RESOLVED, That the Senate of the state of Washington recognize and honor the Hudson's Bay Academic Decathlon Team; and
BE IT FURTHER RESOLVED, That the Washington State Academic Decathlon Board of Directors: Richard Kistler, Irene Clise, Roberta M. Sahr, Dr. David A. Steele, Linn Hergert, and Fran Duncan be recognized for their gift of time and dedication to the Washington State Academic Decathlon; and
BE IT FURTHER RESOLVED, That copies of this resolution be immediately transmitted by the Secretary of the Senate to the principal of Hudson's Bay High School, Coach Fran Duncan, each member of the Washington State Academic Decathlon Board of Directors, and each member of the Hudson's Bay Academic Decathlon Team.
MOTION
On motion of Senator Johnson, the Senate returned to the fourth order of business.
MESSAGE FROM THE HOUSE
April 16, 1997
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5157 with the following amendment(s):
Strike everything after the enacting clause and insert the following: "NEW SECTION. Sec. 1. A new section is added to chapter 82.08 RCW to read as follows: (1) The tax levied by RCW 82.08.020 shall not apply to sales of the following: (a) Labor and services rendered in respect to repairing buildings damaged by a disaster or constructing new buildings to replace buildings destroyed by a disaster, if the buildings are located in a county or Indian nation declared as a federal disaster area eligible for individual assistance during the period September 1, 1995, through June 30, 1997; (b) Tangible personal property that becomes an ingredient or component of such buildings during the course of repair or construction; (c) Private automobiles, when replacing a private automobile that was damaged by a disaster occurring during the period November 1, 1995, through June 30, 1997, and the damaged automobile was registered and licensed under the laws of this state at the time of the disaster. (2) A person claiming exemption under this section shall present to the department proof showing that he or she has been approved to receive one or more of the following forms of disaster assistance: (a) Housing assistance grant from the federal emergency management agency to repair a damaged home; (b) Small business administration loan to repair damages to a residential or commercial building; or (c) Farm service agency loan to repair damages to farm property. (3) The department shall verify an applicant's eligibility and issue a special disaster assistance certificate to qualified persons. (4) A person claiming this exemption at the time of sale shall: (a) Provide the seller with a copy of his or her special disaster assistance certificate; and (b) Display to the seller a valid Washington state driver's license or other valid identification card that has a photograph of the holder; and (c) Complete an exemption certificate in a form and manner prescribed by the department. The exemption certificate must contain the name, address, and telephone number of the buyer, and a list of items purchased, price of the items, and the date of the purchase. (5) The seller shall retain a copy of the exemption certificate and the special disaster assistance certificate. (6) This section expires July 1, 1998. NEW SECTION. Sec. 2. A new section is added to chapter 82.12 RCW to read as follows: (1) The provisions of this chapter do not apply in respect to the use of: (a) Tangible personal property that becomes an ingredient or component of buildings during the course of repairing buildings to replace buildings destroyed by a disaster, if the buildings are located in a county or Indian nation declared as a federal disaster area eligible for individual assistance during the period November 1, 1995, through June 30, 1997; (b) A private automobile, if the automobile replaces a private automobile that was damaged by a disaster occurring during the period November 1, 1995, through June 30, 1997, and the automobile was registered and licensed under the laws of this state at the time of the disaster. (2) This section expires July 1, 1998. NEW SECTION. Sec. 3. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1997." Correct the title., and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
On motion of Senator West, the Senate refuses to concur in the House amendment to Substitute Senate Bill No. 5157 and requests of the House a conference thereon.
MESSAGE FROM THE HOUSE
April 14, 1997
MR. PRESIDENT:
The House has passed SECOND SUBSTITUTE SENATE BILL NO. 5120 with the following amendment(s):
Strike everything after the enacting clause and insert the following: "NEW SECTION. Sec. 1 The legislature finds that trout and salmon population levels are greatly below the carrying capacity of many state waters, and that reintroduction of both trout and salmon can be accomplished with the use of remote site incubators. Remote site incubators have been shown to be a cost-effective means of bypassing the early period of high mortality that is often experienced by salmonid eggs that are naturally spawned in streams with degraded habitat. In addition, remote site incubators provide an efficient method for reintroduction of fish into areas that are not fully seeded by natural spawn. The technology for remote site incubators is well developed, and their application is easily accomplished in a wide variety of habitat by persons with a moderate level of training. It is a goal of the remote site incubator program to assist reestablishment of sustainable fish populations so that the populations may become naturally spawning in many cases. In other cases, primarily where spawning conditions are not optimal or where numbers of spawners are chronically low, the remote site incubator program may become a cost-effective long-term solution for supplementation and restoration of fish populations. Another goal of the remote site incubator program is to provide a means of utilizing excess or surplus salmonid eggs which in the past would have been destroyed or not used in a way that would have rebuilt fish populations. NEW SECTION. Sec. 2. (1) The department shall identify potential sites throughout the state and potential fish species for each site that are suitable for remote site incubators. The initial selection of sites shall be completed by July 1, 1998. Thereafter the site selection list shall be updated at least on an annual basis. (2)(a) The director may use employees of the fish and wildlife construction crew to construct remote site incubators. (b) The director shall purchase commercially available remote site incubators in cases in which it would be more economical to purchase remote site incubators rather than to build them with the construction crew. (c) The director of fish and wildlife and the secretary of the department of corrections shall jointly investigate the potential of producing remote site incubators through the prison industries program of the department of corrections, and shall jointly report their finding to the natural resources committees of the house of representatives and the senate by December 1, 1998. NEW SECTION. Sec. 3. (1) The department shall coordinate the implementation of the remote site incubator program throughout the state and shall make annual reports to the fish and wildlife commission on the progress of the program. (2) The department shall fully involve and depend chiefly upon volunteer efforts to implement the remote site incubator program through the regional fisheries enhancement groups, volunteer cooperative groups, private nonprofit groups, treaty Indian tribes, and interested individuals. (3) The director shall approve a remote site incubator project unless it is a direct threat to the salmonid resource. The director may prioritize remote site incubator projects within regional enhancement areas. NEW SECTION. Sec. 4. (1) The director shall make every effort to utilize appropriate salmonid eggs in remote site incubators if the eggs are not allocated for other fish culture uses or would otherwise be sold or donated. (2) The director may purchase or accept as a gift to the state viable salmonid eggs from private fish farmers for purposes of stocking remote site incubators and for the stocking of all public waters. (3) As required to carry out the purposes of this chapter, the director shall contact the treaty Indian tribes, the federal fish and wildlife service, and the state fish management agencies of Oregon and Idaho for the purpose of obtaining donations of viable salmonid eggs for stocking remote site incubators. NEW SECTION. Sec. 5. The director shall direct the warm water fish enhancement program of the department to investigate ways for applying the remote site incubator technology to the production of warm water fish. NEW SECTION. Sec. 6. Sections 2 through 5 of this act constitute a new chapter in Title 75 RCW." Correct the title., and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
Senator West moved that the Senate do concur in the House amendment to Second Substitute Senate Bill No. 5120.
POINT OF ORDER
Senator Spanel: "A point of order, Mr. President. I would rise to question the scope of the non-flood amendments which were added, dealing with hydraulics. There is some concern about what was amended in the House with the hydraulic permit and the waivers. We have some concerns on those and ask for a scope of them."
MOTION
On motion of Senator West, further consideration of Second Substitute Senate Bill No. 5120 was deferred.
MESSAGE FROM THE HOUSE
April 9, 1997
MR. PRESIDENT:
The House has passed SECOND SUBSTITUTE SENATE BILL NO. 5442 with the following amendment(s):
Strike everything after the enacting clause and insert the following: "Sec. 1. RCW 75.20.100 and 1993 sp.s. c 2 s 30 are each amended to read as follows: (1) In the event that any person or government agency desires to construct any form of hydraulic project or perform other work that will use, divert, obstruct, or change the natural flow or bed of any of the salt or fresh waters of the state, such person or government agency shall, before commencing construction or work thereon and to ensure the proper protection of fish life, secure the ((written)) approval of the department as to the adequacy of the means proposed for the protection of fish life. This approval shall not be unreasonably withheld. (2)(a) Except as provided in RCW 75.20.1001 ((and 75.20.1002)), the department shall grant or deny approval of a standard permit within forty-five calendar days of the receipt of a complete application and notice of compliance with any applicable requirements of the state environmental policy act, made in the manner prescribed in this section. (b) The applicant may document receipt of application by filing in person or by registered mail. A complete application for approval shall contain general plans for the overall project, complete plans and specifications of the proposed construction or work within the mean higher high water line in salt water or within the ordinary high water line in fresh water, and complete plans and specifications for the proper protection of fish life. (c) The forty-five day requirement shall be suspended if (((1))): (i) After ten working days of receipt of the application, the applicant remains unavailable or unable to arrange for a timely field evaluation of the proposed project; (((2))) (ii) The site is physically inaccessible for inspection; or (((3))) (iii) The applicant requests delay. Immediately upon determination that the forty-five day period is suspended, the department shall notify the applicant in writing of the reasons for the delay. (d) For purposes of this section, "standard permit" means a written permit issued by the department when the conditions under subsections (3) and (6)(b) of this section are not met. (3)(a) The department may issue an expedited written permit in those instances where normal permit processing would result in significant hardship for the applicant or unacceptable damage to the environment. In cases of imminent danger, the department shall issue an expedited written permit, upon request, for work to repair existing structures, move obstructions, restore banks, protect property, or protect fish resources. Expedited permit requests require a complete written application as provided in subsection (2)(b) of this section and shall be issued within fifteen calendar days of the receipt of a complete written application. Approval of an expedited permit is valid for up to sixty days from the date of issuance. (b) For the purposes of this subsection, "imminent danger" means a threat by weather, water flow, or other natural conditions that is likely to occur within sixty days of a request for a permit application. (c) The department may not require the provisions of the state environmental policy act, chapter 43.21C RCW, to be met as a condition of issuing a permit under this subsection. (d) The department or the county legislative authority may determine if an imminent danger exists. The county legislative authority shall notify the department, in writing, if it determines that an imminent danger exists. (4) Approval of a standard permit is valid for a period of up to five years from date of issuance. The permittee must demonstrate substantial progress on construction of that portion of the project relating to the approval within two years of the date of issuance. If the department denies approval, the department shall provide the applicant, in writing, a statement of the specific reasons why and how the proposed project would adversely affect fish life. Protection of fish life shall be the only ground upon which approval may be denied or conditioned. Chapter 34.05 RCW applies to any denial of project approval, conditional approval, or requirements for project modification upon which approval may be contingent. (5) If any person or government agency commences construction on any hydraulic works or projects subject to this section without first having obtained ((written)) approval of the department as to the adequacy of the means proposed for the protection of fish life, or if any person or government agency fails to follow or carry out any of the requirements or conditions as are made a part of such approval, the person or director of the agency is guilty of a gross misdemeanor. If any such person or government agency is convicted of violating any of the provisions of this section and continues construction on any such works or projects without fully complying with the provisions hereof, such works or projects are hereby declared a public nuisance and shall be subject to abatement as such. ((For the purposes of this section and RCW 75.20.103, "bed" shall mean the land below the ordinary high water lines of state waters. This definition shall not include irrigation ditches, canals, storm water run-off devices, or other artificial watercourses except where they exist in a natural watercourse that has been altered by man. The phrase "to construct any form of hydraulic project or perform other work" shall not include the act of driving across an established ford. Driving across streams or on wetted stream beds at areas other than established fords requires approval. Work within the ordinary high water line of state waters to construct or repair a ford or crossing requires approval.)) (6)(a) In case of an emergency arising from weather or stream flow conditions or other natural conditions, the department, through its authorized representatives, shall issue immediately, upon request, oral approval for removing any obstructions, repairing existing structures, restoring stream banks, or to protect property threatened by the stream or a change in the stream flow without the necessity of obtaining a written approval prior to commencing work. Conditions of an oral approval to protect fish life shall be established by the department and reduced to writing within thirty days and complied with as provided for in this section. Oral approval shall be granted immediately, upon request, for a stream crossing during an emergency situation. (b) For purposes of this section and RCW 75.20.103, "emergency" means an immediate threat to life, the public, property, or of environmental degradation. (c) The department or the county legislative authority may declare and continue an emergency when one or more of the criteria under (b) of this subsection are met. The county legislative authority shall immediately notify the department if it declares an emergency under this subsection. (7) The department shall, at the request of a county, develop five-year maintenance approval agreements, consistent with comprehensive flood control management plans adopted under the authority of RCW 86.12.200, or other watershed plan approved by a county legislative authority, to allow for work on public and private property for bank stabilization, bridge repair, removal of sand bars and debris, channel maintenance, and other flood damage repair and reduction activity under agreed-upon conditions and times without obtaining permits for specific projects. (8) This section shall not apply to the construction of any form of hydraulic project or other work which diverts water for agricultural irrigation or stock watering purposes authorized under or recognized as being valid by the state's water codes, or when such hydraulic project or other work is associated with streambank stabilization to protect farm and agricultural land as defined in RCW 84.34.020. These irrigation or stock watering diversion and streambank stabilization projects shall be governed by RCW 75.20.103. (9) For the purposes of this section and RCW 75.20.103, "bed" means the land below the ordinary high water lines of state waters. This definition does not include irrigation ditches, canals, storm water run-off devices, or other artificial watercourses except where they exist in a natural watercourse that has been altered by man. (10) The phrase "to construct any form of hydraulic project or perform other work" does not include the act of driving across an established ford. Driving across streams or on wetted stream beds at areas other than established fords requires approval. Work within the ordinary high water line of state waters to construct or repair a ford or crossing requires approval." Correct the title., and the same are herewith transmitted TIMOTHY A. MARTIN, Chief Clerk
MOTION
Senator West moved that the Senate do concur in the House amendment to Second Substitute Senate Bill No. 5442.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator West that the Senate do concur in the House amendment to Second Substitute Senate Bill No. 5442.
The motion by Senator West carried and the Senate concurred in the House amendment to Second Substitute Senate Bill No. 5442.
The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 5442, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5442, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 42; Nays, 1; Absent, 2; Excused, 4.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Hochstatter, Jacobsen, Johnson, Kline, Kohl, Long, Loveland, McAuliffe, Morton, Newhouse, Oke, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 42. Voting nay: Senator Fairley - 1. Absent: Senators Heavey and Horn - 2. Excused: Senators McCaslin, McDonald, Patterson and Snyder - 4. SECOND SUBSTITUTE SENATE BILL NO. 5442, as amended by the House, 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.
There being no objection, the Senate resumed consideration of Second Substitute Senate Bill No. 5120 and the pending House amendment deferred earlier today.
WITHDRAWAL OF MOTION
On motion of Senator Spanel, and there being no objection, Senator Spanel withdrew the point of order for scope and object of the House amendment.
The President declared the question before the Senate to be the motion by Senator West that the Senate do concur in the House amendment to Second Substitute Senate Bll No. 5120.
Debate ensued.
The motion by Senator West carried and the Senate concurred in the House amendment to Second Substitute Senate Bill No. 5120.
MOTION
On motion of Senator Franklin, Senator Heavey was excused.
The President declared the question before the Senate to be the roll call on the final passage of Second Substitute Senate Bill No. 5120, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Second Substitute Senate Bill No. 5120, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 33; Nays, 9; Absent, 2; Excused, 5.
Voting yea: Senators Anderson, Bauer, Benton, Deccio, Finkbeiner, Franklin, Goings, Hale, Hargrove, Haugen, Hochstatter, Johnson, Long, Loveland, McAuliffe, Morton, Newhouse, Oke, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swanson, Swecker, West, Winsley, Wojahn, Wood and Zarelli - 33. Voting nay: Senators Fairley, Fraser, Jacobsen, Kline, Kohl, Prentice, Sheldon, Spanel and Thibaudeau - 9. Absent: Senators Brown and Horn - 2. Excused: Senators Heavey, McCaslin, McDonald, Patterson and Snyder - 5. SECOND SUBSTITUTE SENATE BILL NO. 5120, as amended by the House, 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.
MOTION
On motion of Senator Goings, Senator Fairley was excused.
MESSAGE FROM THE HOUSE
April 11, 1997
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5725 with the following amendment(s): Strike everything after the enacting clause and insert the following:"NEW SECTION. Sec. 1. A new section is added to chapter 90.46 RCW to read as follows: The owner of a wastewater treatment facility that is reclaiming water with a permit issued under this chapter has the exclusive right to any reclaimed water generated by the wastewater treatment facility. Use and distribution of the reclaimed water by the owner of the wastewater treatment facility is exempt from the permit requirements of RCW 90.03.250 and 90.44.060. Revenues derived from the reclaimed water facility shall be used only to offset the cost of operation of the wastewater utility fund or other applicable source of system-wide funding. If the proposed use or uses of reclaimed water are intended to augment or replace potable water supplies or create the potential for the development of additional potable water supplies, such use or uses shall be considered in the development of the regional water supply plan or plans addressing potable water supply service by multiple water purveyors. The owner of a wastewater treatment facility that proposes to reclaim water shall be included as a participant in the development of such regional water supply plan or plans. NEW SECTION. Sec. 2. A new section is added to chapter 90.03 RCW to read as follows: The permit requirements of RCW 90.03.250 do not apply to the use of reclaimed water by the owner of a wastewater treatment facility under the provisions of section 1 of this act. NEW SECTION. Sec. 3. A new section is added to chapter 90.44 RCW to read as follows: The permit requirements of RCW 90.44.060 do not apply to the use of reclaimed water by the owner of a wastewater treatment facility under the provisions of section 1 of this act. NEW SECTION. Sec. 4. A new section is added to chapter 90.46 RCW to read as follows: Facilities that reclaim water under this chapter shall not impair any existing water right downstream from any freshwater discharge points of such facilities unless compensation or mitigation for such impairment is agreed to by the holder of the affected water right. Sec. 5. RCW 90.46.010 and 1995 c 342 s 2 are each amended to read as follows: Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Greywater" means wastewater having the consistency and strength of residential domestic type wastewater. Greywater includes wastewater from sinks, showers, and laundry fixtures, but does not include toilet or urinal waters. (2) "Land application" means application of treated effluent for purposes of irrigation or landscape enhancement for residential, business, and governmental purposes. (3) "Person" means any state, individual, public or private corporation, political subdivision, governmental subdivision, governmental agency, municipality, copartnership, association, firm, trust estate, or any other legal entity whatever. (4) "Reclaimed water" means effluent derived in any part from sewage from a wastewater treatment system that has been adequately and reliably treated, so that as a result of that treatment, it is suitable for a ((direct)) beneficial use or a controlled use that would not otherwise occur and is no longer considered wastewater. (5) "Sewage" means water-carried human wastes((, including kitchen, bath, and laundry waste)) from residences, buildings, industrial and commercial establishments, or other places, together with such ground water infiltration, surface waters, or industrial wastewater as may be present. (6) "User" means any person who uses reclaimed water. (7) "Wastewater" means water and wastes discharged from homes, businesses, and industry to the sewer system. (8) "((Direct)) Beneficial use" means the use of reclaimed water, that has been transported from the point of production to the point of use without an intervening discharge to the waters of the state, for a beneficial purpose. (9) "Direct recharge" means the controlled subsurface addition of water directly to the ground water basin that results in the replenishment of ground water. (10) "Ground water recharge criteria" means the contaminant criteria found in the drinking water quality standards adopted by the state board of health pursuant to chapter 43.20 RCW and the department of health pursuant to chapter 70.119A RCW. (11) "Planned ground water recharge project" means any reclaimed water project designed for the purpose of recharging ground water, via direct recharge or surface ((spreading)) percolation. (12) "Reclamation criteria" means the criteria set forth in the water reclamation and reuse interim standards and subsequent revisions adopted by the department of ecology and the department of health. (13) "Streamflow augmentation" means the discharge of reclaimed water to rivers and streams of the state or other surface water bodies, but not wetlands. (14) "Surface ((spreading)) percolation" means the controlled application of water to the ground surface for the purpose of replenishing ground water. (15) "Wetland or wetlands" means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted to life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. Wetlands regulated under this chapter shall be delineated in accordance with the manual adopted by the department of ecology pursuant to RCW 90.58.380. (16) (("Created wetlands" means a wetland intentionally created from a nonwetland site to produce or replace natural habitat.)) "Constructed beneficial use wetlands" means those wetlands intentionally constructed on nonwetland sites to produce or replace natural wetland functions and values. Constructed beneficial use wetlands are considered "waters of the state." (17) "Constructed treatment wetlands" means those wetlands intentionally constructed on nonwetland sites and managed for the primary purpose of wastewater or storm water treatment. Constructed treatment wetlands are considered part of the collection and treatment system and are not considered "waters of the state." Sec. 6. RCW 90.46.080 and 1995 c 342 s 3 are each amended to read as follows: (1) Reclaimed water may be beneficially used for surface ((spreading)) percolation provided the reclaimed water meets the ground water recharge criteria as measured in ground water beneath or down gradient of the recharge project site, and has been incorporated into a sewer or water comprehensive plan, as applicable, adopted by the applicable local government and approved by the department of health or department of ecology as applicable. (2) If the state ground water recharge criteria as defined by RCW 90.46.010 do not contain a standard for a constituent or contaminant, the department of ecology shall establish a discharge limit consistent with the goals of this chapter. (3) Reclaimed water that does not meet the ground water recharge criteria may be beneficially used for surface percolation where the department of ecology, in consultation with the department of health, has specifically authorized such use at such lower standard. Sec. 7. RCW 90.46.090 and 1995 c 342 s 4 are each amended to read as follows: (1) Reclaimed water may be beneficially used for discharge into ((created)) constructed beneficial use wetlands and constructed treatment wetlands provided the reclaimed water meets the class A or B reclaimed water standards as defined in the reclamation criteria, and the discharge is incorporated into a sewer or water comprehensive plan, as applicable, adopted by the applicable local government and approved by the department of health or department of ecology as applicable. (2) Reclaimed water that does not meet the class A or B reclaimed water standards may be beneficially used for discharge into ((created)) constructed treatment wetlands where the department of ecology, in consultation with the department of health, has specifically authorized such use at such lower standards ((in conjunction with a pilot project designated pursuant to this chapter, the purpose of which is to test and implement the use of created wetlands for advanced treatment)). (3) The department of ecology and the department of health must develop appropriate standards for discharging reclaimed water into constructed beneficial use wetlands and constructed treatment wetlands. These standards must be considered as part of the approval process under subsections (1) and (2) of this section. NEW SECTION. Sec. 8. A new section is added to chapter 90.46 RCW to read as follows: (1) The department of health shall develop standards, procedures, and guidelines for the reuse of greywater, consistent with RCW 43.20.230(2), by January 1, 1998. (2) Standards, procedures, and guidelines developed by the department of health for reuse of greywater shall encourage the application of this technology for conserving water resources, or reducing the wastewater load, on domestic wastewater facilities, individual on-site sewage treatment and disposal systems, or community on-site sewage treatment and disposal systems. (3) The department of health and local health officers may permit the reuse of greywater according to rules adopted by the department of health. NEW SECTION. Sec. 9. A new section is added to chapter 90.48 RCW to read as follows: The evaluation of any plans submitted under RCW 90.48.110 must include consideration of opportunities for the use of reclaimed water as defined in RCW 90.46.010. NEW SECTION. Sec. 10. The department of ecology and the department of health shall report on the progress of the implementation of chapter 342, Laws of 1995, as amended by chapter . . ., Laws of 1997 (this act) to the members of the agriculture and ecology committee of the house of representatives and the members of the agriculture and environment committee of the senate by December 15, 1997. NEW SECTION. Sec. 11. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." Correct the title., and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
Senator Swecker moved that the Senate do concur in the House amendment to Engrossed Substitute Senate Bill No. 5725.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Swecker that the Senate do concur in the House amendment to Engrossed Substitute Senate Bill No. 5725.
The motion by Senator Swecker carried and the Senate concurred in the House amendment to Engrossed Substitute Senate Bill No. 5725.
POINT OF INQUIRY
Senator Morton: "Is it the intent of this legislation to authorize owners of a wastewater treatment facility to sale reclaimed water on a retail basis to residential customers as a water purveyor pursuant to RCW 70.116.030(3)?"
Senator Swecker: "No, however, the owner of a wastewater treatment facility may wholesale reclaimed water to other water purveyors within the area."
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5725, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5725, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 41; Nays, 0; Absent, 2; Excused, 6.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, McAuliffe, Morton, Newhouse, Oke, Prentice, Prince, Rasmussen, Roach, Rossi, Sellar, Sheldon, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 41. Absent: Senators Loveland and Schow - 2. Excused: Senators Fairley, Heavey, McCaslin, McDonald, Patterson and Snyder - 6. ENGROSSED SUBSTITUTE SENATE BILL NO. 5725, as amended by the House, 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.
MESSAGE FROM THE HOUSE
April 19, 1997
MR. PRESIDENT:
The House refuses to concur in the Senate amendment(s) to HOUSE BILL NO. 1924 and asks the Senate for a conference thereon. The Speaker has appointed the following members a conferees: Representatives Ballasiotes, Koster and Costa.
MOTION
Senator Roach, moved that the Senate refuse to grant the request of the House for a conference on House Bill No. 1924, insists on its position regarding the Senate amendment(s) and asks the House to concur therein.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Roach that the Senate refuse to grant the request of the House for a conference, insists on its position regarding the Senate amendment(s) and asks the House to concur therein.
The motion by Senator Roach carried and the Senate refuses to grant the request of the House for a conference on House Bill No. 1924, insists on its position regarding the Senate amendment(s) and asks the House to concur therein.
MESSAGE FROM THE HOUSE
April 15, 1997
MR. PRESIDENT:
The House has passed SENATE BILL NO. 5736 with the following amendment(s): On page 1, line 18, strike "((more))" and insert "more than the limit established by the county legislative authority nor"On page 2, line 2, strike "((to exceed))" and insert "to exceed the limit established by the county legislative authority nor", and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
Senator Roach moved that the Senate do concur in the House amendments to Senate Bill No. 5736.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Roach that the Senate do concur in the House amendments to Senate Bill No. 5736.
The motion by Senator Roach carried and the Senate concurred in the House amendments to Senate Bill No. 5736.
MOTION
On motion of Senator Goings, Senator Loveland was excused.
The President declared the question before the Senate to be the roll call on the final passage of Senate Bill No. 5736, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Senate Bill No. 5736, as amended by the House, and the bill passed the House by the following vote: Yeas, 40; Nays, 0; Absent, 2; Excused, 7.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Hochstatter, Horn, Jacobsen, Johnson, Kline, Kohl, Long, McAuliffe, Morton, Oke, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Spanel, Stevens, Strannigan, Swanson, Swecker, Thibaudeau, West, Winsley, Wojahn, Wood and Zarelli - 40. Absent: Senators Finkbeiner and Newhouse - 2. Excused: Senators Fairley, Heavey, Loveland, McCaslin, McDonald, Patterson and Snyder - 7. SENATE BILL NO. 5736, as amended by the House, 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.
MOTION
At 9:56 a.m., on motion of Senator Johnson, the Senate was declared to be at ease.
The Senate was called to order at 11:40 a.m. by President Owen.
APPOINTMENT OF CONFERENCE COMMITTEE TO SUBSTITUTE SENATE BILL NO. 5157
The President appointed Senators West, Kohl and Zarelli as members of the Conference Committee to Substitute Senate Bill No. 5157.
MOTION
On motion of Senator Johnson, the conferees were confirmed.
CHANGE IN CONFERENCE COMMITTEE TO SUBSTITUTE SENATE BILL NO. 5002
The President appointed Senator Finkbeiner to replace Senator Winsley as a conferee to Substitute Senate Bill No. 5002.
MOTION
On motion of Senator Johnson, the change in conferees was confirmed.
MESSAGE FROM THE HOUSE
April 15, 1997
MR. PRESIDENT:
The House has passed SENATE BILL NO. 5434 with the following amendment(s):
Strike everything after the enacting clause and insert thefollowing: "NEW SECTION. Sec. 1. The legislature recognizes that the extraction of minerals by surface mining is an essential activity making an important contribution to the economic well-being of the state and the nation. The citizens of the state are rapidly running out of approved or designated sites at which to conduct these activities. Therefore, the available sources of these minerals are nearly exhausted. The state has enacted several laws in recent years directing local governments to make land use decisions for appropriate uses of land through designation in advance of or during the comprehensive planning process and then to limit the specific approval process to mitigating specific impacts of the use or uses allowed by the designation. The current planning and regulatory environment makes economically viable permits unobtainable for the vast majority of the sites where the minerals are located and needed. While it is not possible to extract minerals without producing some environmental impacts, the current structure of regulation of mining operations is doing much more than preventing or mitigating conditions that would be detrimental to the environment and property rights of the citizens of the state. In the current regulatory environment, economically viable permits simply cannot be obtained for the vast majority of the sites where the minerals are located. The cost of transportation of minerals for any significant distance can have a substantial effect on the costs to the taxpayers of the state. Surface mining must take place in diverse areas where the geologic, topographic, climatic, biologic, and social conditions are significantly different, and reclamation specifications must vary accordingly. But surface, mining is a finite use of the land and another beneficial use must follow through reclamation. Therefore, the legislature finds that designation, production, and conservation of adequate sources of minerals and a balance between appropriate environmental protection and the appropriate regulation of production operations and conservation of minerals is in the best interests of the citizens of the state. Sec. 2. RCW 78.44.011 and 1993 c 518 s 1 are each amended to read as follows: The legislature recognizes that the extraction of minerals through surface mining has historically included regulatory involvement by both state and local governments. It is the intent of the legislature to clarify that surface mining is an appropriate land use, subject to reclamation authority exercised by the department of natural resources and land use designation and ((operation)) regulatory authority by counties, cities, and towns. The authority for any cities, counties, or towns to regulate operations is derived from this chapter and exercised only as described in RCW 78.44.040. The question of regulatory overlap, the scope of impacts to be regulated by local ordinances, development of model ordinances, the role of each state agency, and reclamation of abandoned mines, shall be the subjects of further study by the house of representatives and senate natural resources committees. The results of these studies must be reported to the legislature prior to the 1998 legislative session. Nothing in this section shall alter or preempt any local government's authority under chapter 43.21C RCW, the state environmental policy act. Sec. 3. RCW 78.44.020 and 1993 c 518 s 3 are each amended to read as follows: The purposes of this chapter are to: (1) Provide that the usefulness, productivity, and scenic values of all lands and waters involved in surface mining within the state will receive the greatest practical degree of protection and reclamation at the earliest opportunity following completion of surface mining; (2) Provide for the greatest practical degree of state-wide consistency in the regulation of surface mines; (3) Apportion regulatory authority between state and local governments in order to minimize redundant regulation of mining; (4) Ensure that reclamation is consistent with local land use plans; and (5) Ensure the power of ((local government)) cities, counties, and towns to designate sites, and regulate land use and operations ((pursuant to section 16 of this act)) as provided in this chapter. Sec. 4. RCW 78.44.040 and 1993 c 518 s 6 are each amended to read as follows: (1) The department of natural resources is charged with the administration of reclamation under this chapter. In order to implement and enforce this chapter, the department, under the administrative procedure act (chapter 34.05 RCW), may from time to time adopt those rules necessary to carry out the purposes of this chapter. (2)(a) Once designated under section 6 of this act, counties, cities, and towns may regulate surface mining operations only by ordinance and only in accordance with the requirements of this chapter. Ordinances required to implement this chapter must be adopted by July 1, 1998. (b) Local surface mining operating standards shall: (i) Be limited to those standards that address mitigation of impacts of operations; (ii) Be performance-based, objective standards that: (A) Are directly and proportionately related to limiting surface mining impacts; (B) Are reasonable and generally capable of being achieved; (C) Take into account existing and available technologies; and (D) May be met by any lawful means selected by the applicant or operator that, in the judgment of the county, city, or town, achieve compliance with the standard. However, if compliance with the standards described in this section cannot be met by the applicant, after that applicant has had reasonable opportunity to propose mitigation measures that would meet the standards by all other means, the county, city, or town may impose limitations on the hours of operation of that portion of the operation creating the impact that cannot be mitigated any other way; (iii) Limit application and monitoring fees to the amount necessary to pay the costs of administering, processing, monitoring, and enforcing the regulation of surface mining in accordance with this section; (iv) Except as otherwise provided in this section, implement the ordinance through an operating plan review and approval process. Such approval process shall: (A) Require submittal of sufficient, complete, and accurate information, as specified by the local ordinance, to allow the decision maker to review the plan for compliance with state, federal, and local standards; (B) At the option of the county, city, or town, provide for administrative approval subject to appeal or for initial consideration through a public hearing process; and (C) Require that project-specific conditions or restrictions be based upon written findings of facts demonstrating their need to achieve compliance with local standards; (v) Subject to subsection (3) of this section, provide that approvals issued will be valid for fifty years or until the resource is exhausted, whichever is less. (3) Operating regulations and amendments thereto adopted pursuant to this section may be applied to lawfully preexisting mining operations only if the local ordinance: (a) Limits application of this section relating to traffic to the designation of approved haul routes; (b) Provides for an expedited review process for operation plans submitted pursuant to this chapter; (c) Provides reasonable time periods for compliance with new or amended local operating standards that in no event may be less than one year; and (d) Includes a variance procedure to allow continuation of existing operations for a nonconforming surface mining operation where strict adherence to a local operating standard would be economically or operationally impractical due to conditions relating to site configuration, topography, or the nature of historic operations. (4) Nothing in this section precludes a county, city, or town from exercising the express authority delegated to it by a state agency under state law, or from complying with state law when required as a regulated entity. (5) Nothing in this section shall alter or preempt any local government's authority under chapter 43.21C RCW, the state environmental policy act. Sec. 5. RCW 78.44.050 and 1993 c 518 s 7 are each amended to read as follows: The department shall have the exclusive authority to regulate surface mine reclamation ((except that, by contractual agreement, the department may delegate some or all of its enforcement authority to a county, city, or town)). No county, city, or town may require for its review or approval a separate reclamation plan or application. The department may, however, delegate some or all of its enforcement authority by contractual agreement to a county, city, or town that employs personnel who are, in the opinion of the department, qualified to enforce plans approved by the department. All counties, cities, or towns shall have the authority to zone surface mines and adopt ordinances regulating operations ((pursuant to section 16 of this act)) as provided in this chapter, except that county, city, or town operations ordinances may be preempted by the department during the emergencies outlined in RCW 78.44.200 and related rules. This chapter shall not alter or preempt any provisions of the state fisheries laws (Title 75 RCW), the state water allocation and use laws (chapters 90.03 and 90.44 RCW), the state water pollution control laws (chapter 90.48 RCW), the state wildlife laws (Title 77 RCW), state noise laws or air quality laws (Title 70 RCW), shoreline management (chapter 90.58 RCW), the state environmental policy act (chapter 43.21C RCW), state growth management (chapter 36.70A RCW), state drinking water laws (chapters 43.20 and 70.119A RCW), or any other state statutes. NEW SECTION. Sec. 6. A new section is added to chapter 36.70A RCW to read as follows: (1)(a) Where the county has classified mineral lands pursuant to RCW 36.70A.050 and mineral resource lands of long-term commercial significance exist, a county shall designate sufficient mineral resource lands in the comprehensive plans to meet the projected twenty-year, county-wide need. Once designated, mineral resource uses, including operations as defined in RCW 78.44.031, shall be established as an allowed use in local development regulations. (b) The county shall designate mineral resource deposits, both active and inactive, in economically viable proximity to locations where the deposits are likely to be used. (c) This section has no applicability to metals mining and milling operations as defined in RCW 78.56.020. (2) Nothing in this section precludes any unit of government from accepting the lowest responsible bid for purchase of mineral materials, regardless of source. (3) Through its comprehensive plan and development regulations, as defined in RCW 36.70A.030, a county, city, or town shall discourage the siting of new applications of incompatible uses adjacent to mineral resource industries, deposits, and holdings. (4) Any additions or amendments to comprehensive plans or development regulations required by this section may be adopted during the normal course of adopting or amending the comprehensive plan or development regulations. Reasonable notice of additions or amendments to comprehensive plans or development regulations shall be given to property owners and other affected and interested individuals. The county shall use either an existing reasonable notice provision already employed by the county or a new reasonable notice provision, including any of the following: (a) Notifying owners of real property, as shown by the records of the county assessor, located within three hundred feet of the boundaries of the proposed designation; (b) Publishing notice in a newspaper of general circulation in the county, city, or general area where the mineral resource deposits are located; (c) Notifying public or private groups with known interest in the proposed mineral resource designation; or (d) Placing notices in appropriate regional, neighborhood, or trade journals. (5) For the purposes of this section: (a) "Long-term commercial significance" includes the mineral composition of the land for long-term economically viable commercial production, in consideration with the mineral resource land's proximity to population areas, product markets, and the possibility of more intense uses of the land. (b) "Allowed use" means the use or uses specified by local development regulations as appropriate within those areas designated through the advance or comprehensive planning process. Once designated, a proposed allowed use shall be reviewed for project specific impacts and may be conditioned to mitigate significant adverse impacts within the context of site plan approval, but such review shall not revisit the question of land use. Sec. 7. RCW 36.70A.060 and 1991 sp.s. c 32 s 21 are each amended to read as follows: (1) Each county that is required or chooses to plan under RCW 36.70A.040, and each city within such county, shall adopt development regulations on or before September 1, 1991, to assure the conservation of agricultural, forest, and mineral resource lands designated under RCW 36.70A.170. Regulations adopted under this subsection may not prohibit uses legally existing on any parcel prior to their adoption and shall remain in effect until the county or city adopts development regulations pursuant to RCW 36.70A.120. Such regulations shall assure that the use of lands adjacent to agricultural, forest, or mineral resource lands shall not interfere with the continued use, in the accustomed manner and in accordance with best management practices, of these designated lands for the production of food, agricultural products, or timber, or for the extraction of minerals. Counties and cities shall require that all plats, short plats, development permits, and building permits issued for development activities on, or within three hundred feet of, lands designated as agricultural lands, forest lands, or mineral resource lands, contain a notice that the subject property is within or near designated agricultural lands, forest lands, or mineral resource lands on which a variety of commercial activities may occur that are not compatible with residential development for certain periods of limited duration. (2) Each county and city shall adopt development regulations that protect critical areas that are required to be designated under RCW 36.70A.170. For counties and cities that are required or choose to plan under RCW 36.70A.040, such development regulations shall be adopted on or before September 1, 1991. For the remainder of the counties and cities, such development regulations shall be adopted on or before March 1, 1992. (3) Such counties and cities shall review these designations and development regulations when adopting their comprehensive plans under RCW 36.70A.040 and implementing development regulations under RCW 36.70A.120 and may alter such designations and development regulations to insure consistency. (4) The development regulations adopted by such counties and cities regarding surface mining operations under RCW 78.44.040 shall not be inconsistent with rules adopted by the department of natural resources. (5) Forest land and agricultural land located within urban growth areas shall not be designated by a county or city as forest land or agricultural land of long-term commercial significance under RCW 36.70A.170 unless the city or county has enacted a program authorizing transfer or purchase of development rights." Correct the title., and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
Senator Swecker moved that the Senate do concur in the House amendment to Senate Bill No. 5434.
POINT OF ORDER
Senator Patterson: "A point of order, Mr. President. I rise to challenge the scope and object of the House amendment to Senate Bill No. 5434. The underlying bill is a measure that adds a new section to Chapter 36.70A of the RCWs requiring certain counties to designate mineral resource lands in their comprehensive plans to meet a projected twenty year county-wide need.
"The House amendment to this bill makes numerous changes to the surface mining statutes in Chapter 78.44 in the RCWs. These changes modify the regulation and the enforcement of surface mining operations by the Department of Natural Resources and local governments, changing the scope and object of this bill."
Debate ensued.
MOTION
On motion of Senator Johnson, further consideration of Senate Bill No. 5434 was deferred.
MESSAGE FROM THE HOUSE
April 14, 1997
MR. PRESIDENT:
The House has passed SENATE BILL NO. 5460 with the following amendment(s): Strike everything after the enacting clause and insert the following:"Sec. 1. RCW 42.17.130 and 1979 ex.s. c 265 s 2 are each amended to read as follows: (1) No elective official nor any employee of his or her office nor any person appointed to or employed by any public office or agency may use or authorize the use of any of the facilities of a public office or agency, directly or indirectly, for the purpose of assisting a campaign for election of any person to any office or for the promotion of or opposition to any ballot proposition. Facilities of public office or agency include, but are not limited to, use of stationery, postage, machines, and equipment, use of employees of the office or agency during working hours, vehicles, office space, publications of the office or agency, and clientele lists of persons served by the office or agency((: PROVIDED, That)). However, the foregoing provisions of this section shall not apply to the following activities: (((1))) (a) Action taken at an open public meeting by members of an elected legislative body to express a collective decision, or to actually vote upon a motion, proposal, resolution, order, or ordinance, or to support or oppose a ballot proposition so long as (((a))) (i) any required notice of the meeting includes the title and number of the ballot proposition, and (((b))) (ii) members of the legislative body or members of the public are afforded an approximately equal opportunity for the expression of an opposing view; (((2))) (b) A statement by an elected official in support of or in opposition to any ballot proposition at an open press conference or in response to a specific inquiry; or (((3))) (c) Activities which are part of the normal and regular conduct of the office or agency. (2)(a) An association composed of local governments or local government officials and financially supported by local governments may not participate in any election. (b) The association may (i) gather and disseminate objective and factual information to members relating to a ballot measure; (ii) participate in the determination of a collective position on the ballot measure; and (iii) participate on a committee appointed to prepare arguments to appear in the voter's pamphlet regarding the ballot measure. (c) Each association shall prepare and submit a full report to the house of representatives government administration committee and the senate government operations committee no later than January 31st of each year through the year 1999 certifying it did not participate in any election during the previous year and providing full disclosure of any activities engaged in by the association under (b) of this subsection during the previous year." Correct the title., and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
Senator Johnson moved that the Senate refuse to concur in the House amendment to Senate Bill No. 5460 and asks the House to recede therefrom.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Johnson that the Senate refuse to concur in the House amendment to Senate Bill No. 5460 and asks the House to recede therefrom.
The motion by Senator Johnson carried and the Senate refuses to concur in the House amendment to Senate Bill No. 5460 and asks the House to recede therefrom.
MESSAGE FROM THE HOUSE
April 11, 1997
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5783 with the following amendment(s): Strike everything after the enacting clause and insert the following:"NEW SECTION. Sec. 1. The legislature finds that it is in the public interest for water rights held by public water systems to be managed and regulated in a manner that: (1) Allows such systems to prolong and maximize the use of water rights applied to municipal purposes consistent with the population demand projections established in state-approved water system plans and adopted growth management plans; and (2) Promotes water conservation, with enhanced efforts occurring in water critical areas, promotes water system efficiencies, and eliminates disincentives for investments in water efficient technologies. The department of ecology is therefore directed to administer water rights laws consistent with RCW 90.03.320 and 90.03.330 and section 2 of this act. NEW SECTION. Sec. 2. A new section is added to chapter 90.03 RCW to read as follows: (1) For the purposes of this chapter and RCW 90.14.140, "municipal water supply purposes" means water distributed by a group A public water system as defined by RCW 70.119.020, and includes domestic, commercial, and industrial water uses provided as an integral element of the public water system and includes industrial water uses provided on the effective date of this act under RCW 54.16.030 which are included in a comprehensive water system plan. Except as stated above, this definition does not include commercial, industrial, irrigation, or other water systems that are not designated as a public water system for potable water use recognized by a state-approved public water system plan or withdrawals of public ground waters exempt from permit requirements under RCW 90.44.050. (2) For the purposes of RCW 90.14.140, the amount of water held for municipal water supply purposes is limited to the water that is deemed to be an efficient use and that meets the needs of the public water system's service area as determined by plans in RCW 90.03.320. Water uses that are deemed as efficient uses of water are those that are in full compliance with the department of health's conservation guidelines for such systems. This section applies only to those public water systems that are required to develop water conservation plans pursuant to the department of health's conservation guidelines. Sec. 3. RCW 90.03.320 and 1987 c 109 s 67 are each amended to read as follows: Actual construction work shall be commenced on any project for which permit has been granted within such reasonable time as shall be prescribed by the department, and shall thereafter be prosecuted with diligence and completed within the time prescribed by the department. The department, in fixing the time for the commencement of the work, or for the completion thereof and the application of the water to the beneficial use prescribed in the permit, shall take into consideration the cost and magnitude of the project and the engineering and physical features to be encountered, and shall allow such time as shall be reasonable and just under the conditions then existing, having due regard for the public welfare and public interests affected: and, for good cause shown, it shall extend the time or times fixed as aforesaid, and shall grant such further period or periods as may be reasonably necessary, having due regard to the good faith of the applicant and the public interests affected. In fixing construction schedules and the time, or extension of time, for application of water to beneficial use for municipal water supply purposes, the department shall also take into consideration the term and amount of financing required to complete the project, delays that may result from planned and existing conservation and water use efficiency measures implemented by the public water system, and the supply needs of the public water system's service area, consistent with an approved comprehensive plan under chapter 36.70A RCW, or in the absence of such a plan, a county-approved comprehensive plan under chapter 36.70 RCW or a plan approved under chapter 35.63 RCW, and related water demand projections prepared by public water systems in accordance with state law. An existing comprehensive plan under chapter 36.70A or 36.70 RCW, plan under chapter 35.63 RCW, or demand projection may be used. If the terms of the permit or extension thereof, are not complied with the department shall give notice by registered mail that such permit will be canceled unless the holders thereof shall show cause within sixty days why the same should not be so canceled. If cause ((be)) is not shown, ((said)) the permit shall be canceled. Sec. 4. RCW 90.03.330 and 1987 c 109 s 89 are each amended to read as follows: (1) Upon a showing satisfactory to the department that any appropriation has been perfected in accordance with the provisions of this chapter, it shall be the duty of the department to issue to the applicant a certificate stating such facts in a form to be prescribed by ((him)) the director, and such certificate shall thereupon be recorded with the department. (2) For those public water supplies that fulfill municipal water supply purposes and are designed to accommodate future growth as defined by a state-approved water system plan, the amount of instantaneous diversion or withdrawal considered to be applied to beneficial use at the time of perfection of the certificate shall be based upon the design capacity of the diversion structures and mainlines or withdrawal facilities and mainlines installed at such time. Further, the amount of annual appropriation considered to be applied to beneficial use at the time of perfection shall be based on the growth projection contained in the most current state-approved water system plan. However, the department may not issue a certificate for quantities of water in excess of those contained in a permit if a permit has been issued. This subsection shall apply to the administration of water rights existing on the effective date of this section and prospectively issued water rights, but shall not apply to water rights subject to the terms of final adjudication decrees entered in accordance with this chapter. Withdrawal of ground water shall be in compliance with RCW 90.44.100. (3) Any original water right certificate issued, as provided by this chapter, shall be recorded with the department and thereafter, at the expense of the party receiving the same, be by the department transmitted to the county auditor of the county or counties where the distributing system or any part thereof is located, and be recorded in the office of such county auditor, and thereafter be transmitted to the owner thereof." Correct the title., and the same are herewith transmitted
TIMOTHY A. MARTIN, Chief Clerk
MOTION
Senator Swecker moved that the Senate do concur in the House amendment to Substitute Senate Bill No. 5783.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Swecker that the Senate do concur in the House amendment to Substitute Senate Bill No. 5783.
The motion by Senator Swecker carried and the Senate concurred in the House amendment to Substitute Senate Bill No. 5783.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5783, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5783, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 32; Nays, 15; Absent, 0; Excused, 2.
Voting yea: Senators Anderson, Bauer, Benton, Deccio, Finkbeiner, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Johnson, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Stevens, Strannigan, Swecker, West, Winsley, Wood and Zarelli - 32. Voting nay: Senators Brown, Fairley, Franklin, Fraser, Goings, Jacobsen, Kline, Kohl, Patterson, Prentice, Sheldon, Spanel, Swanson, Thibaudeau and Wojahn - 15. Excused: Senators McCaslin and Snyder - 2. SUBSTITUTE SENATE BILL NO. 5783, as amended by the House, 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.
MESSAGE FROM THE HOUSE
April 22, 1997
MR. PRESIDENT:
The House refuses to recede from the House amendment(s) to ENGROSSED SUBSTITUTE SENATE BILL NO. 6061 and asks the Senate for a conference thereon. The Speaker has appointed the following members as conferees: Representatives K. Schmidt, Mitchell and Fisher.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
Senator Prince moved that the Senate grant the request of the House for a conference on Engrossed Substitute Senate Bill No. 6061 and the Senate amendment(s) thereto.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Prince that the Senate grant the request of the House for a conference on Engrossed Substitute Senate Bill No. 6061 and the Senate amendment(s) thereto.
The motion by Senator Prince carried and the Senate granted the request of the House for a conference on Engrossed Substitute Senate Bill No. 6061 and the House amendment(s) thereto.
APPOINTMENT OF CONFERENCE COMMITTEE
The President appointed as members of the Conference Committee on ENGROSSED SUBSTITUTE SENATE BILL NO. 6061 and the Senate amendment(s) thereto: Senators Prince, Haugen and Sellar.
MOTION
On motion of Senator Johnson, the Conference Committee appointments were confirmed.
MESSAGE FROM THE HOUSE
April 22, 1997
MR. PRESIDENT:
The House insists on its position regarding the House amendment(s) to SUBSTITUTE SENATE BILL NO. 5270 and asks the Senate for a conference thereon. The Speaker has appointed the following members as conferees: Representatives L. Thomas, Smith and Wolfe.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
Senator Winsley moved that the Senate grant the request of the House for a conference on Substitute Senate Bill No. 5270 and the House amendment(s) thereto.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Winsley that the Senate grant the request of the House for a conference on Substitute Senate Bill No. 5270 and the House amendment(s) thereto.
The motion by Senator Winsley carried and the Senate granted the request of the House for a conference on Substitute Senate Bill No. 5270 and the House amendment(s) thereto.
APPOINTMENT OF CONFERENCE COMMITTEE
The President appointed as members of the Conference Committee on SUBSTITUTE SENATE BILL NO. 5270 and the House amendment(s) thereto: Senators Hale, Prentice and Winsley.
MOTION
On motion of Senator Johnson, the Conference Committee appointments were confirmed.
MESSAGE FROM THE HOUSE
April 22, 1997
MR. PRESIDENT:
The House refuses to concur with the Senate amendment(s) to SUBSTITUTE HOUSE BILL NO. 2097 and asks the Senate for a conference thereon. The Speaker has appointed the following members as conferees: Representatives L. Thomas, Benson and Keiser.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
Senator Winsley moved that the Senate grant the request of the House for a conference on Substitute House Bill No. 2097 and the Senate amendment(s) thereto.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Winsley that the Senate grant the request of the House for a conference on Substitute House Bill No. 2097 and the Senate amendment(s) thereto.
The motion by Senator Winsley carried and the Senate granted the request of the House for a conference on Substitute House Bill No. 2097 and the House amendment(s) thereto.
APPOINTMENT OF CONFERENCE COMMITTEE
The President appointed as members of the Conference Committee on SUBSTITUTE HOUSE BILL NO. 2097 and the Senate amendment(s) thereto: Senators Winsley, Heavey and Hale.
MOTION
On motion of Senator Johnson, the Conference Committee appointments were confirmed.
MOTION
At 12:02 p.m., on motion of Senator Johnson, the Senate recessed until 1:30 p.m.
The Senate was called to order at 1:33 p.m. by President Owen.
SIGNED BY THE PRESIDENT
The President signed:
SUBSTITUTE SENATE BILL NO. 5104,
SUBSTITUTE SENATE BILL NO. 5175,
SUBSTITUTE SENATE BILL NO. 5267,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5274,
SUBSTITUTE SENATE BILL NO. 5505,
SUBSTITUTE SENATE BILL NO. 5521,
SENATE BILL NO. 5571,
ENGROSSED SENATE BILL NO. 5590,
SUBSTITUTE SENATE BILL NO. 5676,
SUBSTITUTE SENATE BILL NO. 5701,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5739,
SUBSTITUTE SENATE BILL NO. 5749,
ENGROSSED SUBSTITUTE SENATE BILL NO. 5759,
SUBSTITUTE SENATE BILL NO. 5768,
SUBSTITUTE SENATE BILL NO. 5770,
SUBSTITUTE SENATE BILL NO. 5785,
SUBSTITUTE SENATE BILL NO. 5803,
SUBSTITUTE SENATE BILL NO. 5827,
SENATE BILL NO. 5831,
ENGROSSED SENATE BILL NO. 5915,
SENATE BILL NO. 5968,
SENATE BILL NO. 5991,
SECOND SUBSTITUTE SENATE BILL NO. 6002,
SUBSTITUTE SENATE BILL NO. 6030,
ENGROSSED SENATE BILL NO. 6039,
ENGROSSED SENATE BILL NO. 7900.
MOTION
On motion of Senator Johnson, the Senate advanced to the eighth order of business.
MOTION
On motion of Senator Haugen, the following resolution was adopted:
SENATE RESOLUTION 1997-8670
By Senator Haugen
WHEREAS, May 15 marks the Tenth Anniversary of Navy Kids Day at Whidbey Island Naval Air Station; and
WHEREAS, This day brings joy, smiles, and self-esteem to as many as seven hundred special-needs children every year; and
WHEREAS, Founder Harvey Jansma, of Camano Island, and hundreds of volunteers help organize the annual event; and
WHEREAS, The children enjoy a free lunch, live entertainment, music, aerial displays, and hands-on opportunities to explore aircraft, parachutes, and Navy equipment; and
WHEREAS, A uniformed Navy or Marine escort is matched with each child for the day, leading to new friendships and pen pal correspondence;
NOW, THEREFORE, BE IT RESOLVED, That the Washington State Senate does hereby honor Harvey Jansma for his tireless dedication and commitment to special-needs children; and
BE IT FURTHER RESOLVED, That the Senate also recognize co-coordinator Sara McGruder, KOMO-TV, the men and women of Whidbey Island Naval Air Station, Whidbey Island Bank, Mike Pegram and McDonald’s, Mr. Bruce Mouw and the Stanwood High School Band, “The Camano Islanders” singing group, and hundreds of volunteers responsible for the annual success of Navy Kids Day.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced Mr. Harvey Jansma, who was seated in the gallery.
PERSONAL PRIVILEGE
Senator Haugen: "Mr. President, I rise for a point of personal privilege. The President has agreed to host a small coffee at three o'clock in his office. Mr. Jansma will be there, along with members from the naval station and I would ask all of you if you would just stop in for a minute, so you can meet this extraordinary individual and the people that are here with him today--people representing the naval station and somebody representing the local school board. These are people who have done--like I said--do something for kids and these people really have. I just think it would be really nice if you would stop in and say 'hello.' That is at three o'clock in the Lieutenant Governor's Office. Mr. Governor, I appreciate you opening your office for that event. Thank you."
MOTION
On motion of Senator Johnson, the Senate returned to the fourth order of business.
MESSAGE FROM THE HOUSE
April 8, 1997
MR. PRESIDENT:
The House has passed SENATE BILL NO. 5538 with the following amendment(s):
On page 1, line 12, after "child victim" strike "or" and insert "and" On page 2, line 31, after "child victim" strike "," and insert "((,)) or" On page 2, line 31, after "child witness," insert "and the" On page 2, line 31, after "parents" strike "," and insert "((,))" On page 2, line 31, after "legal guardians" insert "of the child victim or witness" On page 4, after line 2, insert the following: "(12) With respect to child victims and witnesses testifying in court, to be protected from questioning that is unreasonably embarrassing, repetitive, confusing, or otherwise unnecessary, which does not serve the interest of justice and, in the court's view, is not likely to be helpful to the trier of fact.", and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
Senator Long moved that the Senate refuse to concur in the House amendments to Senate Bill No. 5538 and asks the House to recede therefrom.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Long that the Senate refuse to concur in the House amendments to Senate Bill No. 5538 and asks the House to recede therefrom.
The motion by Senator Long carried and the Senate refuses to concur in the House amendments to Senate Bill No. 5538 and asks the House to recede therefrom.
MESSAGE FROM THE HOUSE
April 14, 1997
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5527 with the following amendment(s):
Strike everything after the enacting clause and insert the following: "Sec. 1. RCW 90.03.380 and 1996 c 320 s 19 are each amended to read as follows: (1) The right to the use of water which has been applied to a beneficial use in the state shall be and remain appurtenant to the land or place upon which the same is used: PROVIDED, HOWEVER, That ((said)) the right may be transferred to another or to others and become appurtenant to any other land or place of use without loss of priority of right theretofore established if such change can be made without detriment or injury to existing rights. The point of diversion of water for beneficial use or the purpose of use may be changed, if such change can be made without detriment or injury to existing rights. Before any transfer of such right to use water or change of the point of diversion of water or change of purpose of use can be made, any person having an interest in the transfer or change, shall file a written application therefor with the department, and ((said)) the application shall not be granted until notice of ((said)) the application ((shall be)) is published as provided in RCW 90.03.280. If it shall appear that such transfer or such change may be made without injury or detriment to existing rights, the department shall issue to the applicant a certificate in duplicate granting the right for such transfer or for such change of point of diversion or of use. The certificate so issued shall be filed and be made a record with the department and the duplicate certificate issued to the applicant may be filed with the county auditor in like manner and with the same effect as provided in the original certificate or permit to divert water. (2) If an application for change proposes to transfer water rights from one irrigation district to another, the department shall, before publication of notice, receive concurrence from each of the irrigation districts that such transfer or change will not adversely affect the ability to deliver water to other landowners or impair the financial or operational integrity of either of the districts. (3) A change in place of use by an individual water user or users of water provided by an irrigation district need only receive approval for the change from the board of directors of the district if the use of water continues within the irrigation district, and when water is provided by an irrigation entity that is a member of a board of joint control created under chapter 87.80 RCW, approval need only be received from the board of joint control if the use of water continues within the area of jurisdiction of the joint board and the change can be made without detriment or injury to existing rights. The board of directors of an irrigation district may approve such a change if the board determines that the change: Will not adversely affect the district's ability to deliver water to other landowners; will not require the construction by the district of diversion or drainage facilities unless the board finds that the construction by the district is in the interest of the district; will not impair the financial or operational integrity of the district; and is consistent with the contractual obligations of the district. (4) Subsections (1), (2), and (3) of this section do not apply to a transfer or change governed by section 2 of this act. (5) This section shall not apply to trust water rights acquired by the state through the funding of water conservation projects under chapter 90.38 RCW or RCW 90.42.010 through 90.42.070. (6) Any right represented by an application for a water right for which a permit for water use has not been issued by the time a transfer or change is approved under this section may not be construed as being injured or detrimentally affected by the transfer or change. An existing right that is in the status of an undeveloped water use permit under which water has not been withdrawn by the time a transfer or change is approved under this section may not be construed as being injured or detrimentally affected by the transfer or change. (7) The department may not initiate relinquishment proceedings under chapter 90.14 RCW regarding a water right for which an application for a transfer or change is filed under this section during the period beginning on the date the department receives the application and ending two years after the date the department approves or denies the application. NEW SECTION. Sec. 2. A new section is added to chapter 90.03 RCW to read as follows: (1)(a) If a portion of the water governed by a water right is made surplus to the beneficial uses exercised under the right through the implementation of practices or technologies, including but not limited to conveyance practices or technologies, which are more efficient or more water use efficient than those under which the right was perfected, the right to use the surplus water may be changed as provided by subsection (2), (3), or (6) of this section. (b) If a portion of the water governed by a water right is made surplus to the beneficial uses exercised under the right through a change in the crops grown under the water right, the right to use the surplus water may be changed as provided by subsection (3) of this section. This subsection (1)(b) does not apply to water supplied by an irrigation district. (c) This section applies only to a change of an agricultural use or portion of an agricultural use of water to an agricultural use of water. (2) The use within an irrigation district of water supplied by the district and made surplus as provided in subsection (1)(a) of this section shall be regulated solely as provided by the board of directors of the irrigation district. Such a use requires the approval of the board of directors of the irrigation district or must otherwise be authorized by the board. The board may approve or authorize such a use only if the use does not impair the financial or operational integrity of the district. Water supplied by an irrigation district and made surplus as provided in subsection (1)(a) of this section through actions taken by an individual water user served by the district is not available for use as a matter of right by that individual water user, but may be used by the board for the benefit of the district generally. The district's board of directors may approve or otherwise authorize under this subsection uses of such surplus water that result in the total irrigated acreage within the district exceeding the irrigated acreage recorded with the department for the district's water right if the board notifies the department of the change in the irrigated acreage within the district. Except as provided in subsection (6) of this section, such a notification provides a change in the district's water right and, upon receiving the notification, the department shall revise its records for the district's right to reflect the change. If an irrigation district is within a federal reclamation project and the district's board of directors approves or otherwise authorizes under this subsection uses of such surplus water that result in the total irrigated acreage within the federal project exceeding the irrigated acreage recorded with the department for the federal project's water right, the board shall notify the department of the change in the irrigated acreage within the federal project. Except as provided by this subsection and subsection (6) of this section, such a notification provides a change in the federal reclamation project's water right and, upon receiving the notification, the department shall revise its records for the federal project's right to reflect the change except that the total irrigable acreage for a water right for a federal reclamation project may not exceed the total irrigable acreage authorized for the project by the United States and related repayment contracts. (3) The right to use water made surplus as provided in subsection (1)(a) or (b) of this section but not supplied by an irrigation district may be changed to use on other parcels of land owned by the holder of the water right that are contiguous to the parcel or parcels of land upon which the use of the water was authorized by the right before such a change. The holder of the water right shall notify the department of such a change. Except as provided in subsection (6) of this section, the notification provides a change in the holder's water right and, upon receiving the notification, the department shall revise its records for the water right to reflect the change. (4) A change governed by this section shall be made without loss of priority of the right. (5) This section shall not be construed as authorizing the use of a junior water right in a manner that impairs or interferes with the use of a senior water right. (6) It is presumed that a change in a water right made by a notification of the department under this section does not impair or interfere with the use of a water right that is senior to the right being changed. However, if upon receiving such a notification, the department determines that the change would impair or interfere with the use of a senior water right, the department shall notify the person providing the notice and shall file a notice of its decision with the superior court of the county in which the withdrawal of water under the right takes place. The notice provided by the department shall not stay the change made to the water right under this section. The superior court shall review the determination of the department de novo. In such a review, the burden of proof in overcoming the presumption provided by this subsection is on the department. The presumption can be overcome only through the application of scientific data supporting the department's determination. At the conclusion of its review, the superior court shall enter a ruling canceling the change identified in the notification provided to the department, modifying the conditions or extent of that change, or affirming the change. If the ruling modifies the change or affirms the change, the department shall revise its records regarding the right accordingly. A determination regarding impairment or interference made by the department under this subsection concerning a notification it receives under this section shall be made within one year of receiving the notification. The presumption provided by this subsection does not apply with regard to a claim made in superior court by a person with a water right that a change made under this section by a junior water right holder impairs or interferes with the use of the person's senior water right. (7) If a water right changed under this section is a right represented by a statement of claim in the water rights claims registry, the department's obligation to revise its records to reflect the change shall be accomplished by providing an amendment to the statement of claim to reflect the change. (8) This section does not apply in an area with an acreage expansion program in effect on the effective date of this section that is an element of a ground water area or subarea management program as provided in RCW 90.44.445. (9) Nothing in this section authorizes a change in a water right or a portion of a water right that has not been perfected through beneficial use prior to the change. Sec. 3. RCW 90.44.100 and 1987 c 109 s 113 are each amended to read as follows: (1) After an application to, and upon the issuance by the department of an amendment to the appropriate permit or certificate of ground water right, the holder of a valid right to withdraw public ground waters may, without losing his priority of right, construct wells or other means of withdrawal at a new location in substitution for or in addition to those at the original location, or he may change the manner or the place of use of the water((: PROVIDED, HOWEVER, That such)). An amendment shall be issued only after publication of notice of the application and findings as prescribed in the case of an original application. Such amendment shall be issued by the department only on the conditions that: (((1))) (a) The additional or substitute well or wells shall tap the same body of public ground water as the original well or wells; (((2))) (b) use of the original well or wells shall be discontinued upon construction of the substitute well or wells; (((3))) (c) the construction of an additional well or wells shall not enlarge the right conveyed by the original permit or certificate; and (((4))) (d) other existing rights shall not be impaired. The department may specify an approved manner of construction and shall require a showing of compliance with the terms of the amendment, as provided in RCW 90.44.080 in the case of an original permit. (2) This section does not apply to a transfer or change governed by section 2 of this act. (3) Any right represented by an application for a water right for which a permit for water use has not been issued by the time an amendment is approved under this section may not be construed as being impaired by the amendment. An existing right that is in the status of an undeveloped water use permit under which water has not been withdrawn by the time an amendment is approved under this section may not be construed as being impaired by the amendment. (4) The department may not initiate relinquishment proceedings under chapter 90.14 RCW regarding a water right for which an application for an amendment is filed under this section during the period beginning on the date the department receives the application and ending two years after the date the department makes a decision on the application. Sec. 4. RCW 90.03.290 and 1994 c 264 s 84 are each amended to read as follows: When an application complying with the provisions of this chapter and with the rules and regulations of the department has been filed, the same shall be placed on record with the department, and it shall be its duty to investigate the application, and determine what water, if any, is available for appropriation, and find and determine to what beneficial use or uses it can be applied. If it is proposed to appropriate water for irrigation purposes, the department shall investigate, determine and find what lands are capable of irrigation by means of water found available for appropriation. If it is proposed to appropriate water for the purpose of power development, the department shall investigate, determine and find whether the proposed development is likely to prove detrimental to the public interest, having in mind the highest feasible use of the waters belonging to the public. If the application does not contain, and the applicant does not promptly furnish sufficient information on which to base such findings, the department may issue a preliminary permit, for a period of not to exceed three years, requiring the applicant to make such surveys, investigations, studies, and progress reports, as in the opinion of the department may be necessary. If the applicant fails to comply with the conditions of the preliminary permit, it and the application or applications on which it is based shall be automatically canceled and the applicant so notified. If the holder of a preliminary permit shall, before its expiration, file with the department a verified report of expenditures made and work done under the preliminary permit, which, in the opinion of the department, establishes the good faith, intent and ability of the applicant to carry on the proposed development, the preliminary permit may, with the approval of the governor, be extended, but not to exceed a maximum period of five years from the date of the issuance of the preliminary permit. The department shall make and file as part of the record in the matter, written findings of fact concerning all things investigated, and if it shall find that there is water available for appropriation for a beneficial use, and the appropriation thereof as proposed in the application will not impair existing rights or be detrimental to the public welfare, it shall issue a permit stating the amount of water to which the applicant shall be entitled and the beneficial use or uses to which it may be applied: PROVIDED, That where the water applied for is to be used for irrigation purposes, it shall become appurtenant only to such land as may be reclaimed thereby to the full extent of the soil for agricultural purposes. But where there is no unappropriated water in the proposed source of supply, or where the proposed use conflicts with existing rights, or threatens to prove detrimental to the public interest, having due regard to the highest feasible development of the use of the waters belonging to the public, it shall be duty of the department to reject such application and to refuse to issue the permit asked for. If the permit is refused because of conflict with existing rights and such applicant shall acquire same by purchase or condemnation under RCW 90.03.040, the department may thereupon grant such permit. Any application may be approved for a less amount of water than that applied for, if there exists substantial reason therefor, and in any event shall not be approved for more water than can be applied to beneficial use for the purposes named in the application. In determining whether or not a permit shall issue upon any application, it shall be the duty of the department to investigate all facts relevant and material to the application. After the department approves said application in whole or in part and before any permit shall be issued thereon to the applicant, such applicant shall pay the fee provided in RCW 90.03.470: PROVIDED FURTHER, That in the event a permit is issued by the department upon any application, it shall be its duty to notify the director of fish and wildlife of such issuance. This section does not apply to transfers or changes made under section 2 of this act or to applications for transfers or changes made under RCW 90.03.380 or 90.44.100. Sec. 5. RCW 90.44.445 and 1993 c 99 s 1 are each amended to read as follows: In any acreage expansion program adopted by the department as an element of a ground water management program, the authorization for a water right certificate holder to participate in the program shall be on an annual basis for the first two years. After the two-year period, the department may authorize participation for ten-year periods. The department may authorize participation for ten-year periods for certificate holders who have already participated in an acreage expansion program for two years. The department may require annual certification that the certificate holder has complied with all requirements of the program. The department may terminate the authority of a certificate holder to participate in the program for one calendar year if the certificate holder fails to comply with the requirements of the program. This section applies only in an area with an acreage expansion program in effect on the effective date of this amendatory section that has been adopted by the department as an element of a ground water area or subarea management program. The provisions of section 2 of this act, RCW 90.03.380, and 90.44.100 apply to transfers, changes, and amendments to permits or rights for the beneficial use of ground water in any other area.” Correct the title., and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
Senator Long moved that the Senate refuse to concur in the House amendment to Substitute Senate Bill No. 5527 and asks the House to recede therefrom.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Long that the Senate refuse to concur in the House amendment to Substitute Senate Bill No. 5527 and asks the House to recede therefrom.
The motion by Senator Long carried and the Senate refuses to concur in the House amendment to Substitute Senate Bill No. 5527 and asks the House to recede therefrom.
MESSAGE FROM THE HOUSE
April 16, 1997
MR. PRESIDENT:
The House has passed SUBSTITUTE SENATE BILL NO. 5276 with the following amendment(s): Strike everything after the enacting clause and insert the following:"NEW SECTION. Sec. 1. The legislature finds that in many basins in the state there is water available on a seasonal basis that is in excess of the needs of either existing water right holders or instream resources. The legislature finds that excess waters often result in significant flooding and damage to public and private resources. Further, it is in the public interest to encourage the impoundment of excess water and other measures that can be used to offset the impact of withdrawals and diversions on existing rights and instream resources. Further, in some areas of the state additional supplies of water are needed to meet the needs of a growing economy and population. The legislature finds there is a range of alternatives that offset the impacts that should be encouraged including the creation, restoration, enhancement, or enlargement of ponds, wetlands, and reservoirs and the artificial recharge of aquifers. The purpose of this act is to foster the improvement in the water supplies available to meet the needs of the state. It is the goal of this act to strengthen the state's economy while maintaining and improving the overall quality of the state's environment. Sec. 2. RCW 90.03.255 and 1996 c 306 s 1 are each amended to read as follows: The department shall, when evaluating an application for a water right, transfer, or change filed pursuant to RCW 90.03.250 or 90.03.380 that includes provision for any water impoundment or other resource management technique, take into consideration the benefits and costs, including environmental effects, of ((the)) any water impoundment or other resource management technique that is included as a component of the application. The department's consideration shall extend to any increased water supply that results from the impoundment or other resource management technique, including((,)) but not limited to((,)) any recharge of ground water that may occur, as a means of making water available or otherwise offsetting the impact of the diversion of surface water proposed in the application for the water right, transfer, or change. Provision for an impoundment or other resource management technique in an application shall be made solely at the discretion of the applicant and shall not otherwise be made by the department as a condition for approving an application that does not include such provision ((for impoundment)). This section does not lessen, enlarge, or modify the rights of any riparian owner, or any existing water right acquired by appropriation or otherwise. Sec. 3. RCW 90.44.055 and 1996 c 306 s 2 are each amended to read as follows: The department shall, when evaluating an application for a water right or an amendment filed pursuant to RCW 90.44.050 or 90.44.100 that includes provision for any water impoundment or other resource management technique, take into consideration the benefits and costs, including environmental effects, of ((the)) any water impoundment or other resource management technique that is included as a component of the application. The department's consideration shall extend to any increased water supply that results from the impoundment or other resource management technique, including((,)) but not limited to((,)) any recharge of ground water that may occur, as a means of making water available or otherwise offsetting the impact of the withdrawal of ground water proposed in the application for the water right or amendment in the same water resource inventory area. Provision for an impoundment or other resource management technique in an application shall be made solely at the discretion of the applicant and shall not be made by the department as a condition for approving an application that does not include such provision ((for impoundment)). This section does not lessen, enlarge, or modify the rights of any riparian owner, or any existing water right acquired by appropriation or otherwise. NEW SECTION. Sec. 4. A new section is added to chapter 90.03 RCW to read as follows: Upon the request of the applicant, the department shall, when evaluating an application for a water right, transfer, or change filed pursuant to RCW 90.03.250 or 90.03.380, take into account the recharge of ground water from septic tanks or other on-site wastewater treatment facilities in an amount not to exceed the proposed use of water for indoor purposes. The department shall, based upon hydrogeologic data for the area in which the application is located, determine the amount of recharge to the aquifer that is likely to occur and factor that amount into the decision it makes on the application. Any water right permit, transfer, or change that is authorized under this section shall be conditioned to state that the water right permit, transfer, or change shall remain in effect only so long as the water use, including the discharge of water used for indoor purposes through a septic tank or other wastewater treatment facility, remains unchanged from that proposed in the original application. NEW SECTION. Sec. 5. A new section is added to chapter 90.44 RCW to read as follows: Upon the request of the applicant, the department shall, when evaluating an application for a water right or an amendment to a water right or permit filed pursuant to RCW 90.44.050 or 90.44.100, take into account the recharge of ground water from septic tanks or other on-site wastewater treatment facilities in an amount not to exceed the proposed use of water for indoor purposes. The department shall, based upon hydrogeologic data for the area in which the application is located, determine the amount of recharge to the aquifer that is likely to occur and factor that amount into the decision it makes on the application. Any water right permit or amendment that is authorized under this section shall be conditioned to state that the water right permit or amendment shall remain in effect only so long as the water use, including the discharge of water used for indoor purposes through a septic tank or other wastewater treatment facility, remains unchanged from that proposed in the original application." Correct the title., and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
Senator Swecker moved that the Senate do concur in the House amendment to Substitute Senate Bill No. 5276.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Swecker that the Senate do concur in the House amendment to Substitute Senate Bill No. 5276.
The motion by Senator Swecker carried and the Senate concurred in the House amendment to Substitute Senate Bill No. 5276.
MOTIONS
On motion of Senator Franklin, Senators Kohl, Spanel and Swanson were excused.
On motion of Senator Hale, Senators West, Winsley and Wood were excused.
The President declared the question before the Senate to be the roll call on the final passage of Substitute Senate Bill No. 5276, as amended by the House.
ROLL CALL
The Secretary called the roll on the final passage of Substitute Senate Bill No. 5276, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 37; Nays, 3; Absent, 1; Excused, 8.
Voting yea: Senators Anderson, Bauer, Benton, Brown, Deccio, Finkbeiner, Franklin, Fraser, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Jacobsen, Johnson, Kline, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prentice, Prince, Rasmussen, Roach, Rossi, Schow, Sheldon, Stevens, Strannigan, Swecker and Zarelli - 37. Voting nay: Senators Fairley, Thibaudeau and Wojahn - 3. Absent: Senator Sellar - 1. Excused: Senators Kohl, McCaslin, Snyder, Spanel, Swanson, West, Winsley and Wood - 8. SUBSTITUTE SENATE BILL NO. 5276, as amended by the House, 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.
There being no objection, the Senate resumed consideration of Senate Bill No. 5434 and the pending House striking amendment deferred earlier today.
RULING BY THE PRESIDENT
President Owen: "In ruling upon the point of order raised by Senator Patterson, the President finds that Senate Bill No. 5434 is a measure which provides that counties shall designate resource lands and depostis in comprehensive plans, and shall designate mineral resource uses in local development regulations.
"The House amendment would make similar provisions. However, the amendment would also provide (1) that local governments may regulate surface mining operations under certain standards, and (2) that local governments may not require separate reclamation plans.
"The President, therefore, finds that the proposed House amendment does change the scope and object of the bill and the point of order is well taken."
The House striking amendment to Senate Bill No. 5434 was ruled out of order.
WITHDRAWAL OF MOTION
Senator Swecker moved to withdraw the motion that the Senate concur in the House amendment to Senate Bill No. 5434.
MOTION
Senator Heavey moved that Senate Bill No. 5434 be laid on the table.
WITHDRAWAL OF MOTION
Senator Heavey moved to withdraw the motion that Senate Bill No. 5434 be laid upon the table.
MOTION
On motion of Senator Johnson, further consideration of Senate Bill No. 5434 was deferred.
MESSAGES FROM THE HOUSE
April 23, 1997
MR. PRESIDENT:
The House concurred in the Senate amendment(s) to the following House bills and passed the bills as amended by the Senate:
ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 1687,
SUBSTITUTE HOUSE BILL NO. 1935.
TIMOTHY A. MARTIN, Chief Clerk
April 23, 1997
MR. PRESIDENT:
The House grants the request of the Senate for a conference on SUBSTITUTE HOUSE BILL NO. 1418. The Speaker has appointed the following members as conferees: Representatives Buck, Schoesler and Regala.
TIMOTHY A. MARTIN, Chief Clerk
MESSAGE FROM THE HOUSE
April 16, 1997
MR. PRESIDENT:
The House has passed ENGROSSED SENATE BILL NO. 5354 with the following amendment(s):
On page 1, after line 15, insert: "NEW SECTION. Sec. 3. The state capitol committee shall approve the recommendations of the World War II Advisory Committee for the design and siting of the World War II memorial on the state capitol campus, that was approved and recommended by the Capitol Campus Design Advisory Committee." Correct the title. On page 1, after line 15, insert: "NEW SECTION. Sec. 3. The state capitol committee shall study the physical condition of, and the need for any repairs to, the governor's mansion and report its findings to the legislature on or before January 1, 1998." Correct the title., and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
Senator Hale moved that the Senate do concur in the House amendments to Engrossed Senate Bill No. 5354.
POINT OF ORDER
Senator Fraser: "Thank you, Mr. President. A point of order. I believe that the House amendments exceed the scope and object of the bill. The bill deals with membership of the State Capitol Committee and the amendments deal with duties--it gives them assignments of tasks--so, I believe for that reason it does exceed the scope and object."
RULING BY THE PRESIDENT
President Owen: "In ruling upon the point of order raised by Senator Fraser, the President believes that the House amendments do expand the scope and object of Engrossed Senate Bill No. 5354 and the point of order is well taken."
The House amendments to Engrossed Senate Bill No. 5354 were ruled out of order.
PARLIAMENTARY INQUIRY
Senator Benton: Thank you, Mr. President, a point of clarification. There are two House amendments. Is your scope ruling on both of those amendments or just on one?"
REPLY BY THE PRESIDENT
President Owen: "It is on both, Senator Benton."
Senator Benton: "Okay, thank you."
WITHDRAWAL OF MOTION
On motion of Senator Hale, and there being no objection, the motion to concur in the House amendments to Engrossed Senate Bill No. 5354 was withdrawn.
MOTION
On motion of Senator Hale, the Senate refuses to concur in the House amendments to Engrossed Senate Bill No. 5354 and asks the House to recede therefrom.
MESSAGE FROM THE HOUSE
April 14, 1997
MR. PRESIDENT:
The House has passed ENGROSSED SUBSTITUTE SENATE BILL NO. 5671 with the following amendment(s):
On page 6, after line 23, insert the following: "Sec. 3. RCW 34.05.310 and 1995 c 403 s 301 are each amended to read as follows: (1) To meet the intent of providing greater public access to administrative rule making and to promote consensus among interested parties, agencies shall solicit comments from the public on a subject of possible rule making before filing with the code reviser a notice of proposed rule making under RCW 34.05.320. The agency shall prepare a statement of inquiry that: (a) Identifies the specific statute or statutes authorizing the agency to adopt rules on this subject; (b) Discusses why rules on this subject may be needed and what they might accomplish; (c) Identifies other federal and state agencies that regulate this subject, and describes the process whereby the agency would coordinate the contemplated rule with these agencies; (d) Discusses the process by which the rule might be developed, including, but not limited to, negotiated rule making, pilot rule making, or agency study; (e) Specifies the process by which interested parties can effectively participate in the decision to adopt a new rule and formulation of a proposed rule before its publication. (2)(a) The statement of inquiry shall be filed with the code reviser for publication in the state register at least thirty days before the date the agency files notice of proposed rule making under RCW 34.05.320 and shall be sent to any party that has requested receipt of the agency's statements of inquiry. (b) The statement of inquiry shall also be sent to the chair of the appropriate standing committees and the majority and minority leaders of the house and senate for comment on the legislative intent of the statute that the rule implements. Any comments submitted by the chairs or leaders shall become part of the record of any subsequent rule making hearing. (((2))) (3) Agencies are encouraged to develop and use new procedures for reaching agreement among interested parties before publication of notice and the adoption hearing on a proposed rule. Examples of new procedures include, but are not limited to: (a) Negotiated rule making by which representatives of an agency and of the interests that are affected by a subject of rule making, including, where appropriate, county and city representatives, seek to reach consensus on the terms of the proposed rule and on the process by which it is negotiated; and (b) Pilot rule making which includes testing the feasibility of complying with or administering draft new rules or draft amendments to existing rules through the use of volunteer pilot groups in various areas and circumstances, as provided in RCW 34.05.313 or as otherwise provided by the agency. (((3))) (4)(a) An agency must make a determination whether negotiated rule making, pilot rule making, or another process for generating participation from interested parties prior to development of the rule is appropriate. (b) An agency must include a written justification in the rule-making file if an opportunity for interested parties to participate in the rule-making process prior to publication of the proposed rule has not been provided. (((4))) (5) This section does not apply to: (a) Emergency rules adopted under RCW 34.05.350; (b) Rules relating only to internal governmental operations that are not subject to violation by a nongovernment party; (c) Rules adopting or incorporating by reference without material change federal statutes or regulations, Washington state statutes, rules of other Washington state agencies, shoreline master programs other than those programs governing shorelines of state-wide significance, or, as referenced by Washington state law, national consensus codes that generally establish industry standards, if the material adopted or incorporated regulates the same subject matter and conduct as the adopting or incorporating rule; (d) Rules that only correct typographical errors, make address or name changes, or clarify language of a rule without changing its effect; (e) Rules the content of which is explicitly and specifically dictated by statute; (f) Rules that set or adjust fees or rates pursuant to legislative standards; or (g) Rules that adopt, amend, or repeal: (i) A procedure, practice, or requirement relating to agency hearings; or (ii) A filing or related process requirement for applying to an agency for a license or permit." Renumber the remaining sections and correct the title. On page 3, line 30, after "order" insert "of adoption" On page 3, line 32, after "rule." insert ""Issuance" does not include final agency orders issued following an adjudicative proceeding under Part IV of this chapter.", and the same are herewith transmitted.
TIMOTHY A. MARTIN, Chief Clerk
MOTION
Senator Hale moved that the Senate do concur in the House amendments to Engrossed Substitute Senate Bill No. 5671.
Debate ensued.
The President declared the question before the Senate to be the motion by Senator Hale that the Senate do concur in the House amendments to Engrossed Substitute Senate Bill No. 5671.
The motion by Senator Hale carried and the Senate concurred in the House amendments to Engrossed Substitute Senate Bill No. 5671.
The President declared the question before the Senate to be the roll call on the final passage of Engrossed Substitute Senate Bill No. 5671, as amended by the House.
Debate ensued.
ROLL CALL
The Secretary called the roll on the final passage of Engrossed Substitute Senate Bill No. 5671, as amended by the House, and the bill passed the Senate by the following vote: Yeas, 35; Nays, 11; Absent, 0; Excused, 3.
Voting yea: Senators Anderson, Bauer, Benton, Deccio, Finkbeiner, Goings, Hale, Hargrove, Haugen, Heavey, Hochstatter, Horn, Johnson, Long, Loveland, McAuliffe, McDonald, Morton, Newhouse, Oke, Patterson, Prince, Rasmussen, Roach, Rossi, Schow, Sellar, Sheldon, Stevens, Strannigan, Swanson, Swecker, West, Winsley and Zarelli - 35. Voting nay: Senators Brown, Fairley, Franklin, Fraser, Jacobsen, Kline, Kohl, Prentice, Spanel, Thibaudeau and Wojahn - 11. Excused: Senators McCaslin, Snyder and Wood - 3. ENGROSSED SUBSTITUTE SENATE BILL NO. 5671, as amended by the House, 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.
MOTION
On motion of Senator Johnson, the Senate advanced to the eighth order of business.
MOTION
On motion of Senator Zarelli, the following resolution was adopted:
SENATE RESOLUTION 1997-8652
By Senators Zarelli, Anderson, Schow, Winsley, Benton, Strannigan, Swecker, Hochstatter, Stevens, Finkbeiner, Roach, Rossi, Johnson, Wood, Hargrove, Oke and Long
WHEREAS, The state of Washington is committed to excellence in education; and
WHEREAS, Teaching children at home was the predominant form of education for much of America's early years; and
WHEREAS, Most children in the first two centuries of America's history received their precollege training at home and produced an extremely high literacy rate and made our nation the most educated on earth; and
WHEREAS, Many notable Americans have been the product of home education, including George and Martha Washington, Benjamin Franklin, Abigail Adams, John Quincy Adams, Thomas Edison, Helen Keller, Douglas MacArthur, Pearl S. Buck, Franklin Roosevelt, Patrick Henry, John Marshall, Abraham Lincoln, Booker T. Washington, and Woodrow Wilson; and
WHEREAS, The state of Washington recognizes the fundamental right and critical importance of parents to direct the upbringing and choice of education for their children; and
WHEREAS, The state of Washington appropriately recognizes, by law, the right to home education as a legitimate and viable educational alternative; and
WHEREAS, Studies confirm that children who are educated at home exhibit self-confidence and good citizenship and are fully prepared academically to meet the challenge of today's society; and
WHEREAS, It is appropriate that Washington home educating families be recognized for their sacrificial contribution to the diversity and quality of education in this great state;
NOW, THEREFORE, BE IT RESOLVED, That the Senate of the state of Washington hereby honor, thank, and celebrate the home educating families in the state.
Senators Zarelli, Hargrove, Anderson, Oke, McAuliffe and Swecker spoke to Senate Resolution 1997-8652.
INTRODUCTION OF SPECIAL GUESTS
The President welcomed and introduced the home schooling families, who were seated in the gallery.
MOTION
At 2:23 p.m., on motion of Johnson, the Senate adjourned until 9:00 a.m., Thursday, April 24, 1997.
BRAD OWEN, President of the Senate
MIKE O'CONNELL, Secretary of the Senate