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FIFTY EIGHTH LEGISLATURE - REGULAR SESSION

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EIGHTY SECOND DAY

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House Chamber, Olympia, Friday, April 4, 2003


             The House was called to order at 10:00 a.m. by the Speaker (Representative Lovick presiding). The Clerk called the roll and a quorum was present.


             The flags were escorted to the rostrum by a Sergeant at Arms Color Guard, Pages Christopher Burlingame and Sarah Ross. The Speaker (Representative Lovick presiding) led the Chamber in the Pledge of Allegiance. Prayer was offered by Pastor Sandra Kreis, St. Christopher's Episcopal Church, Olympia.


             Reading of the Journal of the previous day was dispensed with and it was ordered to stand approved.


MESSAGE FROM THE SENATE

April 3, 2003

Mr. Speaker:


             The President has signed SUBSTITUTE SENATE BILL NO. 5403, and the same is herewith transmitted.

Milt H. Doumit, Secretary


             The Speaker assumed the chair.


SIGNED BY THE SPEAKER


             The Speaker signed:

HOUSE BILL NO. 1052,

SUBSTITUTE HOUSE BILL NO. 1069,

SUBSTITUTE SENATE BILL NO. 5403,


INTRODUCTION & FIRST READING

 

HB 2239           by Representatives Linville, Cooper and Gombosky


             AN ACT Relating to water right fees; amending RCW 90.03.471; adding a new section to chapter 90.03 RCW; creating a new section; and repealing RCW 90.03.470.


             Referred to Committee on Appropriations.


             There being no objection, the bill listed on the day's introduction sheet under the fourth order of business was referred to the committees so designated.


REPORTS OF STANDING COMMITTEES


April 4, 2003

HB 1096           Prime Sponsor, Representative Berkey: Revising business and occupation taxation for certain aviation businesses. Reported by Committee on Finance

 

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Gombosky, Chairman; McIntire, Vice Chairman; Cairnes, Ranking Minority Member; Orcutt, Assistant Ranking Minority Member; Ahern; Conway; Morris; Roach and Santos.


             Passed to Committee on Rules for second reading.

April 2, 2003

HB 1589           Prime Sponsor, Representative Murray: Allowing annual permits for oversize towing operations. Reported by Committee on Transportation

 

MAJORITY recommendation: Do pass. Signed by Representatives Murray, Chairman; Rockefeller, Vice Chairman; Ericksen, Ranking Minority Member; Jarrett, Assistant Ranking Minority Member; Anderson; Armstrong; Bailey; Campbell; Clibborn; Cooper; Dickerson; Edwards; Flannigan; Hankins; Hatfield; Hudgins; Kristiansen; Lovick; Mielke; Morris; Nixon; Romero; Schindler; Shabro; Simpson; Sullivan; Wallace; Wood and Woods.


             Passed to Committee on Rules for second reading.

April 3, 2003

HB 1700           Prime Sponsor, Representative Anderson: Requiring a statewide cost-of-living index for basic education salary allocations. Reported by Committee on Education

 

MAJORITY recommendation: Do pass. Signed by Representatives Quall, Chairman; McDermott, Vice Chairman; Talcott, Ranking Minority Member; Tom, Assistant Ranking Minority Member; Anderson; Haigh; Hunter; Rockefeller and Santos.

 

MINORITY recommendation: Do not pass. Signed by Representatives Cox and McMahan.


             Referred to Committee on Appropriations.

April 4, 2003

HB 2005           Prime Sponsor, Representative Gombosky: Providing tax deductions and exemptions for postage costs. Reported by Committee on Finance

 

MAJORITY recommendation: Do pass. Signed by Representatives Gombosky, Chairman; Cairnes, Ranking Minority Member; Orcutt, Assistant Ranking Minority Member; Ahern; Morris; Roach and Santos.

 

MINORITY recommendation: Do not pass. Signed by Representatives McIntire, Vice Chairman; Conway.


             Passed to Committee on Rules for second reading.

April 4, 2003

HB 2038           Prime Sponsor, Representative Gombosky: Modifying tobacco escrow refund provisions. Reported by Committee on Finance

 

MAJORITY recommendation: The substitute bill be substituted therefor and the substitute bill do pass. Signed by Representatives Gombosky, Chairman; McIntire, Vice Chairman; Cairnes, Ranking Minority Member; Orcutt, Assistant Ranking Minority Member; Ahern; Conway; Morris; Roach and Santos.


             Passed to Committee on Rules for second reading.

April 3, 2003

ESSB 5012       Prime Sponsor, Senate Committee On Education: Authorizing charter schools. Reported by Committee on Education

 

MAJORITY recommendation: Do pass as amended.


              Strike everything after the enacting clause and insert the following:


              "NEW SECTION. Sec. 1. INTENT. The legislature finds that in addition to providing more, high quality public school choices for families, teachers, and students, public charter schools may be a tool for the improvement of schools in which significant numbers of students persistently fail to meet state standards. The legislature also finds that the federal no child left behind act of 2001 authorizes the conversion of noncharter public schools to charter public schools in the restructuring process for schools that persistently fail to make adequate yearly progress in student achievement.

              The legislature intends to authorize the establishment of charter schools for the primary purpose of providing more, high quality learning environments to assist educationally disadvantaged and other students in meeting the state's academic standards. The legislature also intends to encourage school districts to consider using the chartering process as an optional tool for developing viable school improvement plans aimed at achieving state and federal accountability goals. The legislature also intends to authorize the use of the chartering process as a state intervention strategy to provide focused assistance to low performing schools.


              NEW SECTION. Sec. 2. DEFINITIONS. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

              (1) "Alternate sponsor" means either: (a) The educational service district in which the proposed charter school will be located; or (b) either the governing board of a state or regional university as defined in RCW 28B.10.016 or the governing board of The Evergreen State College, in consultation with the educational service district in which the proposed charter school will be located. An institution of higher education, to be eligible as an alternate sponsor, must operate an approved teacher education program meeting state standards leading to teacher certification. Charter schools sponsored under this subsection shall be approved by the governing board of the sponsoring institution or by the dean of the department of the school of education or the school operating the institution's teacher education program, or by an official or agency designated by and accountable to the governing board of the sponsoring institution.

              (2) "Applicant" means a nonprofit corporation that has submitted an application to a sponsor or an alternate sponsor to obtain approval to operate a charter school. The nonprofit corporation must be either a public benefit nonprofit corporation as defined in RCW 24.03.490, or a nonprofit corporation as defined in RCW 24.03.005 that has applied for tax-exempt status under section 501(c)(3) of the internal revenue code of 1986 (26 U.S.C. Sec. 501(c)(3)). The nonprofit corporation may not be a sectarian or religious organization and must meet all of the requirements for a public benefit nonprofit corporation before receiving any funding under section 12 of this act.

              (3) "Board of directors" means the board of directors appointed or elected by the applicant to manage and operate the charter school.

              (4) "Charter" means a contract between an applicant and a sponsor. The charter establishes, in accordance with this chapter, the terms and conditions for the management, operation, and educational program of the charter school.

              (5) "Charter school" means a public school managed by an applicant's board of directors and operating independently of any school district board under a charter approved in accordance with this chapter.

              (6) "Conversion charter school" means a noncharter public school converted to a charter public school through the chartering process approved in accordance with this chapter.

              (7) "Educationally disadvantaged students" includes students who do not speak English proficiently, students with special needs, students who qualify for free and reduced priced meals, and other students who are at risk of failing to meet state and federal academic performance standards.

              (8) "Sponsor" means the school district in which the charter school is located.


              NEW SECTION. Sec. 3. CHARTER SCHOOLS--POWERS. (1) In carrying out its duty to manage and operate the charter school, the board of directors of a charter school may:

              (a) Hire, manage, and discharge any charter school employee in accordance with the terms of this chapter and that school's charter;

              (b) Enter into a contract with any school district, or any other public or private entity, also empowered to enter into contracts, for any and all real property, equipment, goods, supplies, and services, including educational instructional services;

              (c) Rent, lease, or own property, but may not acquire property by eminent domain. All charters and charter school contracts with other public and private entities must include provisions regarding the disposition of the property if the charter school fails to open as planned, closes, or the charter is revoked or not renewed;

              (d) Issue secured and unsecured debt to manage cash flow, improve operations, or finance the acquisition of real property or equipment. Such an issuance does not constitute an obligation, either general, special, or moral of the state, the charter school sponsor, the school district in which the charter school is located or any other political subdivision or agency of the state. Neither the full faith and credit nor the taxing power of the state, the charter school sponsor, the school district in which the charter school is located, or any other political subdivision or agency of the state may be pledged for the payment of such debt;

              (e) Accept and administer for the benefit of the charter school and its students gifts, grants, and donations from other governmental and private entities, excluding sectarian or religious organizations. Charter schools may not accept any gifts or donations the conditions of which violate this chapter.

              (2) A charter school may not charge tuition, levy taxes, or issue bonds, however it may charge fees for optional noncredit extracurricular events.

              (3) Neither a charter school sponsor, an alternate sponsor, nor the school district in which the charter school is located is liable for acts or omissions of a charter school, including but not limited to acts or omissions related to the application, the charter, the operation, the performance, and the closure of the charter school.


              NEW SECTION. Sec. 4. LEGAL STATUS. A charter school is a public school including one or more of grades kindergarten through twelve, operated by a board of directors appointed or elected by a charter school applicant, according to the terms of a renewable five-year contract granted by a sponsor or an alternate sponsor. A charter school may offer any program or course of study that a noncharter public school may offer.


              NEW SECTION. Sec. 5. CHARTER SCHOOLS--EXEMPTIONS. (1) A charter school shall operate independently of any school district board, under a charter approved by a sponsor or an alternate sponsor under this chapter.

              (2) Charter schools are exempt from all state statutes and rules applicable to school districts and school district boards of directors except those statutes and rules as provided for and made applicable to charter schools in accordance with this chapter and in the school's approved charter.

              (3) A charter school's board of directors may elect to comply with one or more provisions of the statutes or rules that are applicable to school districts and school district board of directors.

              (4) All approved charter schools shall:

              (a) Comply with state and federal health, safety, parents' rights, civil rights laws, and nondiscrimination laws, including but not limited to, chapter 28A.640 RCW (sexual equality) and Title IX of the education amendments of 1972 (20 U.S.C. Sec. 1681 et seq.) applicable to school districts, and to the same extent as school districts;

              (b) Participate in nationally normed standardized achievement tests as required in RCW 28A.230.190, 28A.230.193, and 28A.230.230 and the elementary, middle school, and high school standards, requirements, and assessment examinations as required in RCW 28A.655.060;

              (c) Employ certificated instructional staff as required in RCW 28A.410.010, however charter schools may hire noncertificated instructional staff of unusual competence and in exceptional cases as specified in RCW 28A.150.260. Charter school instructional staff shall comply with RCW 28A.405.030;

              (d) Comply with the employee record check requirements in RCW 28A.400.303;

              (e) Be subject to the same financial and audit requirements as a school district, and in addition be subject to regular independent performance audits conducted by the state legislative auditor;

              (f) Comply with the annual performance report under RCW 28A.655.110;

              (g) Follow the performance improvement goals and requirements adopted by the academic achievement and accountability commission by rule under RCW 28A.655.030;

              (h) Report at least annually to its sponsor, the school district in which the charter school is located, and to parents of children enrolled at the charter school on progress toward the student performance goals specified in the charter;

              (i) Comply with the open public meetings act in chapter 42.30 RCW and open public records requirements in RCW 42.17.250; and

              (j) Be subject to and comply with legislation enacted after the effective date of this act governing the operation and management of charter schools.

              (5) A member of a board of directors of a charter school shall be considered the equivalent of a board member of a school district for the purposes of public disclosure requirements and must comply with the reporting requirements in RCW 42.17.240.


              NEW SECTION. Sec. 6. ADMISSION REQUIREMENTS. (1) Notwithstanding subsection (2) of this section, a conversion charter school may not displace students enrolled prior to the chartering process and must be structured to provide sufficient capacity to enroll all students who wish to remain enrolled in the school after conversion and must give first priority to enrollment of those students.

              (2) A charter school must enroll all students who submit a timely application if capacity is sufficient. If capacity is insufficient to enroll all students who submit a timely application, the charter school must give enrollment priority to students who reside within the school district boundaries in which the charter school is physically located, students exercising public school choice under the federal no child left behind act of 2001, and students transferring from schools receiving focused assistance. Priority also must be given to siblings of students who are currently enrolled in the school. Students must be selected through an equitable selection process, such as a lottery, to fill any remaining spaces.

              (3) A charter school must enroll and serve educationally disadvantaged students and may not limit admission on any characteristic listed in RCW 49.60.010. A charter school may limit admission to students within a given age group or grade level.

              (4) The percentage of educationally disadvantaged students enrolled in a charter school must be equal to or greater than the percentage of such students in a noncharter public school being converted to a charter or in the district in which the charter school is located.


              NEW SECTION. Sec. 7. CHARTER APPLICATION--CHARTERING PROCESS.

(1) An applicant may apply to a sponsor or an alternate sponsor to establish a charter school in accordance with this section.

              (2) An application for a charter school must be submitted first to the board of directors of the school district in which the proposed charter school will be located, allowing for the board's consideration of the application in accordance with subsections (3) and (4) of this section, before the application may be submitted to an alternate sponsor.

              (3) The school district board of directors must decide, within forty-five days of receipt of the application, whether to hold a public hearing in the school district for the purpose of taking public comment on the application and must schedule such a hearing within seventy-five days of receipt of the application. If the school board intends to accept the application, one or more public hearings must be held prior to the granting of a charter; however a school board is not required to hold a public hearing prior to rejecting an application. The school board must either accept or reject the application within one hundred five days after receipt of the application. The one hundred five-day deadline for acceptance or rejection of the charter school application may be extended for an additional thirty days if both parties agree in writing.

              (4) If the school board elects not to hold a public hearing or rejects the application after holding one or more public hearings, the school board must notify the applicant in writing of the reasons for that decision. The applicant may submit a revised application for the school board's reconsideration and the school board may provide assistance to improve the application. If the school board rejects the application after submission of a revised application, the school board must notify the applicant in writing of the reasons for the rejection.

              (5) Applications to an alternate sponsor for the conversion of a noncharter public school to a charter school may be made only to an educational service district sponsor.

              (6) Alternate sponsors must comply with the procedures in subsections (1) through (4) of this section for consideration of the charter application. A sponsor or alternate sponsor is not bound by another sponsor's or another alternate sponsor's findings or decision to deny the application.

              (7) The superintendent of public instruction shall maintain copies of all approved charter applications. An applicant may obtain copies of those applications from the office of the superintendent of public instruction.

              (8) Educational service districts and the superintendent of public instruction are encouraged to assist schools and school districts in which significant numbers of students persistently fail to meet state standards with completing the chartering process. Assistance from an educational service district or from the superintendent of public instruction may include, but is not limited to, identifying potential eligible applicants and assisting with the charter application and approval processes.

              (9) To the extent authorized in the federal no child left behind act of 2001, under the restructuring and alternative governance provisions for schools failing to meet adequate yearly progress, the superintendent of public instruction may require the conversion in accordance with the provisions of this chapter of a persistently failing or low performing noncharter public school into a charter school for the purpose of meeting state and federal student achievement and accountability requirements.


              NEW SECTION. Sec. 8. APPLICATION REQUIREMENTS. The charter school application is a proposed contract and must include:

              (1) The identification and description of the nonprofit corporation submitting the application, including the names, descriptions, curriculum vitae, and qualifications, which shall be subject to verification and review, of the individuals who will operate the school;

              (2) The nonprofit corporation's proposed articles of incorporation, bylaws, and most recent financial statement and balance sheet;

              (3) A mission statement for the proposed school, consistent with the description of legislative intent in this chapter;

              (4) A description of the school's educational program, including curriculum and instructional strategies, including whether and how the charter school will assist its educationally disadvantaged students and students transferring from low performing schools in meeting the state's academic standards;

              (5) A description of the school's admissions policy and marketing program, including deadlines for applications or admissions and evidence supporting enrollment projections of students from low performing schools or of educationally disadvantaged students;

              (6) A description of student performance standards and requirements that must meet those determined under RCW 28A.655.060, and be measured according to the assessment system determined under RCW 28A.655.060;

              (7) A description of the plan for evaluating student performance and the procedures for taking corrective action in the event that student performance at the charter school falls below standards established in its charter;

              (8) A description of the financial plan for the school. The plan shall include: (a) A proposed five-year budget of projected revenues and expenditures; (b) a plan for starting the school; (c) a five-year facilities plan; (d) evidence supporting student enrollment projections of at least twenty students; and (e) a description of major contracts planned for administration, management, equipment, and services, including consulting services, leases, improvements, purchases of real property, and insurance;

              (9) A description of the proposed financial management procedures and administrative operations, which shall meet or exceed generally accepted standards of management and public accounting;

              (10) An assessment of the school's potential legal liability and a description of the types and limits of insurance coverage the nonprofit corporation plans to obtain. For purposes of this subsection, a liability insurance policy of five million dollars is required;

              (11) A description of the procedures to discipline and dismiss students; and

              (12) A description of procedures to assure the health and safety of students, employees, and guests of the school and to comply with applicable federal and state health and safety laws and regulations.


              NEW SECTION. Sec. 9. APPROVAL CRITERIA. A sponsor or alternate sponsor may approve an application for a charter school, if in the sponsor's or alternate sponsor's reasonable judgment, after exercising due diligence and good faith, the sponsor or alternate sponsor finds:

              (1) The applicant is an eligible public benefit nonprofit corporation and the individuals it proposes to manage and operate the school are qualified to operate a charter school and implement the proposed educational program;

              (2) The mission statement is consistent with the description of legislative intent and restrictions on charter school operations in this chapter;

              (3) The school's proposed educational program is free from religious or sectarian influence;

              (4) The school's proposed educational program includes student academic performance standards and requirements that meet those determined under RCW 28A.655.060 and are measured according to the assessment system determined under RCW 28A.655.060;

              (5) The application includes a viable plan for evaluating pupil performance and procedures for taking appropriate corrective action in the event that pupil performance at the charter school falls below standards established in its charter;

              (6) The school's educational program, including its curriculum and instructional strategies, is likely to assist educationally disadvantaged students and students transferring from low performing schools in meeting the state's academic standards;

              (7) The school will serve students transferring from low performing schools or educationally disadvantaged students or both, and the school's projected percentage of educationally disadvantaged students is equal to or greater than the percentage of such students in the noncharter public school being converted, or in the district in which the charter school is located;

              (8) The school's admissions policy and marketing program is consistent with state and federal law;

              (9) The financial plan for the school is designed to reasonably support the charter school's educational program based on a review of the proposed five-year budget of projected revenues, expenditures, and facilities;

              (10) The school's financial and administrative operations, including its audits, meet or exceed generally accepted standards of accounting and management;

              (11) The assessment of the school's potential legal liability, and the types and limits of insurance coverage the school plans to obtain, are adequate. For purposes of this subsection, a liability insurance policy of five million dollars is required;

              (12) The procedures the school plans to follow for discipline and dismissal of students are reasonable and comply with federal law;

              (13) The procedures the school plans to follow to assure the health and safety of students, employees, and guests of the school comply with applicable state and federal health and safety laws and regulations; and

              (14) The public benefit nonprofit corporation has been approved or conditionally approved by the internal revenue service for tax exempt status under section 501(c)(3) of the internal revenue code of 1986 (26 U.S.C. Sec. 501(c)(3)).


              NEW SECTION. Sec. 10. CHARTER AGREEMENT--AMENDMENT. (1) A charter application approved by a sponsor or an alternate sponsor with any changes or additions, including performance standards or benchmarks established by the sponsor, constitutes a charter.

              (2) A charter may be amended during its term at the request of the charter school board of directors and on the approval of the sponsor or alternate sponsor.

              (3) A charter may not prohibit and must provide for application of laws applicable to charter schools or to charter school boards of directors enacted after the effective date of this section.


              NEW SECTION. Sec. 11. CHARTER RENEWAL AND REVOCATION. (1) An approved plan to establish a charter school is effective for five years from the first day of operation. At the conclusion of the first three years of operation, the charter school may apply to the original sponsor or alternate sponsor for renewal. A request for renewal must be submitted no later than six months before the expiration of the charter.

              (2) A charter school renewal application must include:

              (a) A report on the progress of the charter school in achieving the goals; student performance standards, including the student performance standards adopted by rule by the academic achievement and accountability commission in accordance with RCW 28A.655.030; and other terms of the charter; and

              (b) A financial statement that discloses the costs of administration, instruction, and other expenditure objects and activities of the charter school.

              (3) The sponsor or alternate sponsor shall reject the application for renewal if the academic progress of students in the charter school, as measured by the standards and assessments in RCW 28A.655.060, is inferior to the average progress of students in the district in which the charter school is located when similar student populations are compared.

              (4) The sponsor or alternate sponsor may reject the application for renewal if any of the following occurred:

              (a) The charter school materially violated its contract with the sponsor or alternate sponsor, as set forth in the charter;

              (b) The students enrolled in the charter school failed to meet student performance standards identified in the charter, including the student performance standards adopted by rule by the academic achievement and accountability commission in accordance with RCW 28A.655.030;

              (c) The charter school failed to meet generally accepted standards of fiscal management; or

              (d) The charter school violated provisions in law that have not been waived in accordance with this chapter.

              (5) A sponsor or alternate sponsor shall give written notice of its intent not to renew the charter school's request for renewal to the charter school within three months of the request for renewal to allow the charter school an opportunity to correct identified deficiencies in its operation. At the request of the board of directors of the charter school, the sponsor or alternate sponsor shall review its decision for nonrenewal after the charter school has corrected any identified deficiencies.

              (6) The sponsor or alternate sponsor may revoke a previously approved charter before the expiration of the term of the charter, and before application for renewal, for any of the reasons specified in subsection (3) or (4) of this section. Except in cases of emergency where the health and safety of children are at risk, a charter may not be revoked unless the sponsor or alternate sponsor first provides written notice of the specific violations alleged, a public hearing in the school district in which the charter school is located, and a reasonable opportunity for the charter school to correct the identified areas of concern. The sponsor or alternate sponsor of a charter school shall provide for an appeal process upon a determination by the sponsor or alternate sponsor that grounds exist to revoke a charter.

              (7) A charter school planning to close or anticipating revocation or nonrenewal of its charter shall provide a plan setting forth a timeline and the responsible parties for disposition of students and student records and disposition of finances.

              (a) Immediately following the decision to close a school, the school must:

              (i) Submit to the sponsor or alternate sponsor a list of parent addresses and proof that the school has communicated the impending closure of the school to all parents and staff;

              (ii) Assign staff responsible for transition of student records and for providing assistance to students and parents in transferring from the charter school to the district public, private, or home school chosen by the family;

              (iii) Provide the names and contact information for staff responsible for student transfer of records, as well as the projected transition tasks and timelines to the sponsor or alternate sponsor, and upon completion of student transition, provide a list of students and a brief description of the disposition of their student records to the sponsor or alternate sponsor.

              (b) Prior to closing the charter school the charter school board of directors shall:

              (i) Identify a trustee who will, through the process of closing the school and for a term of ten years thereafter, assume responsibility for school and student records, and notify the sponsor or alternate sponsor of the name and contact information for the trustee;

              (ii) Determine the amount of anticipated revenue due to the school as well as anticipated liabilities, and provide a complete asset and liability report to the sponsor or alternate sponsor;

              (iii) Create a current and projected payroll and payroll benefits commitment;

              (iv) List each employee, job, and the funds necessary to complete the educational calendar balance of the year, the transition of students and records, and the administrative close-down tasks;

              (v) Determine the total moneys required to complete contracts;

              (vi) Schedule an audit and set aside funds to cover costs; and

              (vii) Provide the sponsor or alternate sponsor with a plan for the closure of the school and final disposition of all property owned by the charter school.


              NEW SECTION. Sec. 12. FUNDING. (1) For charter schools approved by a sponsor:

              (a) For purposes of funding, students in charter schools shall be considered students of the sponsoring district for state apportionment purposes. Without violating section 13 of this act, the sponsoring school district shall provide prompt and timely funding for charter schools in amounts the schools would have generated if the students were enrolled in a noncharter public school in the district except that a charter school shall not generate eligibility for small school assistance. Funding for charter schools shall include regular apportionment, categorical, student achievement, and nonbasic education moneys, as appropriate and shall be based on enrollment, staffing, and other financial information submitted by the charter school to the school district as required to determine state apportionment amounts. A sponsor shall submit, by November 1st of each year, to the office of the superintendent of public instruction annual year-end financial information, as prescribed by the superintendent, for each charter school sponsored in the previous school year;

              (b) Local levy moneys approved by the voters before the effective date of a charter between a school district and an applicant shall not be allocated to a charter school unless the sponsoring school district determines it has received sufficient authority from voters to allocate maintenance and operation excess tax levy money to the charter school. For levies approved after the effective date of a charter, charter schools shall be included in levy planning, budgets, and funding distribution in the same manner as other schools in the district only to the extent agreed to by the school district board of directors. In making the decision, the school district board of directors shall consult with the charter school board of directors; and

              (c) A charter school is eligible for state matching funds for common school construction if a sponsoring school district determines it has received voter approval of local capital funds for the project.

              (2) Public schools converting to charter schools shall receive funding in the same manner as other charter schools sponsored by school districts.

              (3) If the sponsor is not a school district, students in the charter school shall be considered a separate school district for state apportionment purposes. Without violating section 13 of this act, the superintendent of public instruction shall provide prompt and timely funding for charter schools through the apportionment funding formulas in amounts the schools would have generated if the students were enrolled in a school district except that a charter school shall not generate eligibility for small school assistance. The funding shall include regular apportionment, categorical, student achievement, and nonbasic education moneys and shall be based on enrollment, staffing, and other financial information submitted by the charter school to the superintendent of public instruction, as required to determine state apportionment amounts. Those allocations to charter schools that are included in RCW 84.52.0531(3) (a) through (c) shall be included in the levy base of the district in which the charter school is located.

              (4) No local levy money may be allocated to a charter school if the charter school is sponsored by a sponsor that is not a school district.

              (5) To be eligible to receive state categorical program funding, a charter school must serve students who would be eligible for program funding if served by the school district.


              NEW SECTION. Sec. 13. ADMINISTRATION FEE. To offset costs of oversight and administering the charter, a sponsor or an alternate sponsor may retain up to three percent of state funding and local excess levy funding, if applicable, that is being driven to the charter school. Except for the administration fee in this section, no other offsets or deductions are allowed, whether for central administration or other off-site support services, from a charter school's per-pupil share of state appropriations, local levies, or other funds, unless the charter school has contracted with a school district to obtain specific additional services.


              NEW SECTION. Sec. 14. LEAVES OF ABSENCE. If a school district employee makes a written request for an extended leave of absence to work at a charter school, the school district shall grant the request. The school district may require that the request for a leave be made up to ninety days before the employee would otherwise have to report for duty. The leave shall be granted for up to three years. If the employee returns to the school district within the three-year period, the employee shall be hired before the district hires anyone else with fewer years of service, with respect to any position for which the returning employee is certificated or otherwise qualified.


              NEW SECTION. Sec. 15. STUDY OF CHARTER SCHOOLS. The Washington institute for public policy shall study the implementation and effectiveness of this act. The institute shall report to the legislature on the effectiveness of charter schools in raising student achievement and the impact of charter schools. The institute also shall examine and discuss whether and how charter schools have enhanced education reform efforts and recommend whether relaxing or eliminating certain regulatory requirements for noncharter public schools could result in improved school performance at those schools. The institute shall recommend changes to this chapter including improvements that could be made to the application and approval process. A preliminary report of the study is due to the legislature by March 1, 2006, and a final report is due September 1, 2007.


              NEW SECTION. Sec. 16. NUMBER OF CHARTER SCHOOLS. (1) Applications for charter schools may begin on the effective date of this section. The maximum number of charters that can be granted under this chapter is five in the first year commencing July 1, 2003, five in the second year, and fifteen in each of the next four years. These annual allocations shall be cumulative so that if the maximum is not reached in any given year the maximum shall be increased accordingly for the successive years. Sixty percent of allowable new charters each year may be approved only for charter schools that will serve educationally disadvantaged students, or students from low performing schools.

              (2) For purposes of monitoring compliance with this section and providing information to new charter school applicants, the superintendent of public instruction shall maintain a running total of the projected and actual enrollment at charter schools and the total number of charters granted. Charters for schools planning to open at the beginning of a school year must be approved no later than March 31st of the preceding school year, except that for new charter schools planning to open in September 2003, the charter may be approved up to fifteen days after the effective date of this act.

              (3) For purposes of implementing this subsection, a sponsor or alternate sponsor shall notify the office of the superintendent of public instruction when it receives a charter school application, when it approves a charter school, and when a charter school is terminated. When the maximum allowable number of new charter schools is approved in a given year, the superintendent shall notify potential sponsors that the annual limit has been reached.

              (4) The maximum number of charter schools allowed under this section does not include noncharter public schools converting to charter schools, however, conversion charter schools shall be considered charter schools for the purposes of subsections (2) and (3) of this section.


              NEW SECTION. Sec. 17. A new section is added to chapter 41.56 RCW to read as follows:

              This chapter applies to charter schools as defined in section 2 of this act and the charter school's employees included in the bargaining unit. The bargaining unit of employees of charter schools must be limited to the employees of the charter school and must be separate from other bargaining units in the school district or educational service district unless the charter school is a public school that has converted to a charter school. The employees of public schools that have converted to a charter school shall remain members of the bargaining units in the school district.

              This section, designating charter schools as employers and charter school employees as members under the teachers' retirement systems, the school employees' retirement systems, and the public employees' retirement systems, takes effect only if the department of retirement systems receives determinations from the internal revenue service and the United States department of labor that such participation does not jeopardize the status of these retirement systems as governmental plans under the federal employees' retirement income security act and the internal revenue code.


              NEW SECTION. Sec. 18. A new section is added to chapter 41.59 RCW to read as follows:

              This chapter applies to collective bargaining agreements between charter schools and the employees of charter schools included in the bargaining unit. The bargaining unit of employees of charter schools must be limited to the employees of the charter school and must be separate from other bargaining units in the school district or educational service district.

              This section, designating charter schools as employers and charter school employees as members under the teachers' retirement systems, the school employees' retirement systems, and the public employees' retirement systems, takes effect only if the department of retirement systems receives determinations from the internal revenue service and the United States department of labor that such participation does not jeopardize the status of these retirement systems as governmental plans under the federal employees' retirement income security act and the internal revenue code.


              Sec. 19. RCW 41.59.080 and 1998 c 244 s 11 are each amended to read as follows:

              The commission, upon proper application for certification as an exclusive bargaining representative or upon petition for change of unit definition by the employer or any employee organization within the time limits specified in RCW 41.59.070(3), and after hearing upon reasonable notice, shall determine the unit appropriate for the purpose of collective bargaining. In determining, modifying or combining the bargaining unit, the commission shall consider the duties, skills, and working conditions of the educational employees; the history of collective bargaining; the extent of organization among the educational employees; and the desire of the educational employees; except that:

              (1) A unit including nonsupervisory educational employees shall not be considered appropriate unless it includes all such nonsupervisory educational employees of the employer; and

              (2) A unit that includes only supervisors may be considered appropriate if a majority of the employees in such category indicate by vote that they desire to be included in such a unit; and

              (3) A unit that includes only principals and assistant principals may be considered appropriate if a majority of such employees indicate by vote that they desire to be included in such a unit; and

              (4) A unit that includes both principals and assistant principals and other supervisory employees may be considered appropriate if a majority of the employees in each category indicate by vote that they desire to be included in such a unit; and

              (5) A unit that includes supervisors and/or principals and assistant principals and nonsupervisory educational employees may be considered appropriate if a majority of the employees in each category indicate by vote that they desire to be included in such a unit; and

              (6) A unit that includes only employees in vocational-technical institutes or occupational skill centers may be considered to constitute an appropriate bargaining unit if the history of bargaining in any such school district so justifies; and

              (7) Notwithstanding the definition of collective bargaining, a unit that contains only supervisors and/or principals and assistant principals shall be limited in scope of bargaining to compensation, hours of work, and the number of days of work in the annual employment contracts; and

              (8) The bargaining unit of certificated employees of school districts, educational service districts, or institutions of higher education that are education providers under chapter 28A.193 RCW must be limited to the employees working as education providers to juveniles in each adult correctional facility maintained by the department of corrections and must be separate from other bargaining units in school districts, educational service districts, or institutions of higher education; and

              (9) The bargaining unit for employees of charter schools as defined in section 2 of this act must be limited to the employees of the charter school and must be separate from other bargaining units in the school district or educational service district.


              NEW SECTION. Sec. 20. CAPTIONS NOT LAW. Captions used in this chapter do not constitute any part of the law.


              NEW SECTION. Sec.21. Sections 1 through 16 and 20 of this act constitute a new chapter in Title 28A RCW.


              NEW SECTION. Sec. 22. 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.

 

Signed by Representatives Quall, Chairman; Talcott, Ranking Minority Member; Tom, Assistant Ranking Minority Member; Anderson; Hunter and Rockefeller.

 

MINORITY recommendation: Do not pass. Signed by Representatives McDermott, Vice Chairman; Cox; Haigh; McMahan and Santos.


             Referred to Committee on Appropriations.

April 4, 2003

SSB 5023          Prime Sponsor, Senate Committee On Natural Resources, Energy & Water: Concerning the construction of an additional or replacement well. Reported by Committee on Agriculture & Natural Resources

 

MAJORITY recommendation: Do pass as amended.


              Strike everything after the enacting clause and insert the following:


              "Sec. 1. RCW 90.44.100 and 1997 c 316 s 2 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 the holder's priority of right, construct wells or other means of withdrawal or withdraw water under the right from an additional existing well or wells at a new location in substitution for or in addition to those at the original location, or the holder may change the manner or the place of use of the water.

              (2) Except as provided in subsection (5) of this section, an amendment to withdraw water under the right from an additional existing well or wells, construct replacement or a new additional well or wells at a location outside of the location of the original well or wells, or to change the manner or place of use of the water 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: (a) The additional or replacement well or wells shall ((tap the same body of public ground water)) be located within the same water resource inventory area (WRIA), as defined in chapter 173-500 WAC, as the original well or wells or in an adjoining WRIA. If a watershed plan has been approved under chapter 90.82 RCW or a comprehensive watershed plan has been adopted under RCW 90.54.040(1) for the WRIA or the adjoining WRIA or for both WRIAs, moving the location of the well or wells through construction or addition must be consistent with the plan or plans. If a ground water management program has been adopted by the department under RCW 90.44.400 through 90.44.430 for the original or new location for the well or wells, moving the location of the well or wells through construction or addition must be consistent with the adopted program; (b) where a replacement well or wells is approved, the use of the original well or wells shall be discontinued and the original well or wells shall be properly decommissioned as required under chapter 18.104 RCW; (c) where an additional well or wells is added or constructed, the original well or wells may continue to be used, but the combined total withdrawal from the original and additional well or wells shall not ((enlarge the right)) increase the annual or instantaneous quantity conveyed by the original permit or certificate; and (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.

              (3) The addition or construction of a replacement or new or existing additional well or wells at the location of the original well or wells shall be allowed without application to the department for an amendment. However, the following apply to such a replacement or new or existing additional well: (a) The well shall tap the same body of public ground water as the original well or wells; (b) if a replacement well is added or constructed, the use of the original well or wells shall be discontinued and the original well or wells shall be properly decommissioned as required under chapter 18.104 RCW; (c) if a new or existing additional well is added or constructed, the original well or wells may continue to be used, but the combined total withdrawal from the original and additional well or wells shall not ((enlarge the right)) increase the annual or instantaneous quantity conveyed by the original water use permit or certificate; (d) the addition or construction and use of the well shall not interfere with or impair water rights with an earlier date of priority than the water right or rights for the original well or wells; (e) the replacement or additional well shall be located no closer than the original well to a well it might interfere with; (f) the department may specify an approved manner of construction of the well; and (g) the department shall require a showing of compliance with the conditions of this subsection (3).

              (4) As used in this section, the "location of the original well or wells" is the larger of: (a) The area described as the point of withdrawal in the original public notice published for the application for the water right for the well; or (b) the area up to one-quarter mile radius from the current well or wells.

              (5)(a) A water right holder may add or construct a replacement or new or existing additional well or wells at a location outside the location of the original well or wells but not more than two miles from the current well or wells without obtaining approval from the department under the following conditions:

              (i) At least sixty days before adding or starting construction of the well or wells, the water right holder must provide written notice to the department of the intention to add or construct the replacement or additional well or wells and publish a legal notice prescribed by the department describing the location of the additional existing or proposed well or wells, the amounts of water to be withdrawn, and other details deemed necessary by the department. The notice must state that a person wishing to assert a claim of impairment of the person's water right may do so by filing the claim with the department and the deadline for doing so, which shall be within thirty days of the last date of publication of the notice. The notice must be published once a week for two consecutive weeks in a newspaper of general circulation in the area in which the well or wells would be located or added. The department must provide a copy of the notice to the tribal governments of all Indian tribes in the watershed or watersheds involved and to any planning unit conducting planning under chapter 90.82 RCW for the area and must post a copy of the notice on its internet web site. The department must file such a claim on behalf of the state if it believes any water rights held by the state would be impaired;

              (ii) No claims of impairment of a water right are filed by the holder of the water right with the department relating to the proposed replacement or additional well or wells within thirty days of the last date of publication of the legal notice; and

              (iii) The conditions of subsection (3)(a) through (d), (f), and (g) of this section are met.

              (b) If a claim of impairment of a water right is timely filed by the holder of the water right with the department, the department shall make a determination regarding the impairment claim and shall issue its determination in writing within ninety days of the date the claim was filed, stating either that it finds that there will be impairment (a "finding of impairment") or that it finds there will not be impairment (a "finding of no impairment"). The department's written determination or its failure to issue a determination within the ninety-day deadline may be appealed, by the claimant or by the water right holder who published notice under (a)(i) of this subsection, to the pollution control hearings board as provided in chapter 43.21B RCW.

              (c) Where an impairment claim has been filed, a replacement well may only be added or constructed under this subsection (5) after a final resolution of the impairment claim results in a finding of no impairment. Final resolution of an impairment claim occurs at the expiration of the appeal period following a final determination by the department, the pollution control hearings board, and any reviewing court.

              (d) The failure of the department or a person authorized to file a claim of impairment before the thirty-day deadline established in (a) of this subsection shall not be construed as precluding the department or the person from taking actions to require the discontinuance of or reduction in the withdrawal of water from the well or wells added or located and constructed under the authority of this subsection (5) if the state's or person's rights are impaired by the withdrawals."

 

Signed by Representatives Linville, Chairman; Rockefeller, Vice Chairman; Eickmeyer; Grant; Hunt; McDermott and Quall.

 

MINORITY recommendation: Do not pass. Signed by Representatives Schoesler, Ranking Minority Member; Holmquist, Assistant Ranking Minority Member; Chandler; Kristiansen; Orcutt and Sump.


             Passed to Committee on Rules for second reading.

April 4, 2003

2SSB 5024        Prime Sponsor, Senate Committee On Ways & Means: Concerning public water systems. Reported by Committee on Agriculture & Natural Resources

 

MAJORITY recommendation: Do pass as amended.


              Strike everything after the enacting clause and insert the following:


              "NEW SECTION. Sec. 1. The legislature finds that state laws have long recognized that communities are dynamic entities. The legislature also finds that any interpretation of its laws that would require its communities to be ossified or frozen in time or would require their future growth to be precisely predictable defies the needs of human society. The legislature has provided numerous means and considerable guidance to its communities regarding their growth and for providing essential services within them as they grow. While the legislature recognizes that the totality of the statutory law that governs such communities is found in a wide variety of places throughout the codified version of the statute laws, the Revised Code of Washington, the legislature also recognizes that it has not always expressly announced in the portion of those statutes generally referred to as the state's water laws how the nature of water rights held by municipal water suppliers accommodates the growth of and changes in communities and the requirements placed on them and authorities granted to them by other laws. The legislature finds that this is in part because state policies in the administration of the water laws have reflected the dynamic nature of human habitation and population growth from within and from without the state. For a very long time, these policies recognized that a water right for municipal water supply purposes is "perfected" when facilities for diverting or withdrawing and distributing the water are constructed but before all of the water is placed to actual use within the community or communities served.

              With the enactment of this legislation, the legislature intends to provide within the water laws a curative clarification of the relationship of water rights for municipal water supply purposes to the requirements of other law and the realities of growth.


              Sec. 2. RCW 90.03.015 and 1987 c 109 s 65 are each amended to read as follows:

              ((As used in this chapter:)) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

              (1) "Department" means the department of ecology((;)).

              (2) "Director" means the director of ecology((; and)).

              (3) "Municipal water supplier" means an entity that supplies water for municipal water supply purposes.

              (4) "Municipal water supply purposes" means a beneficial use of water: (a) For residential purposes through fifteen or more residential service connections or for providing residential use of water for a nonresidential population that is, on average, at least twenty-five people for at least sixty days a year; (b) for governmental or governmental proprietary purposes; or (c) indirectly for the purposes in (a) or (b) of this subsection through the delivery of treated or raw water to a public water system for such use. If water is beneficially used under a water right for the purposes listed in (a), (b), or (c) of this subsection, any other beneficial use of water under the right generally associated with the use of water within a municipality is also for "municipal water supply purposes," including, but not limited to, beneficial use for commercial, industrial, irrigation of parks and open spaces, institutional, landscaping, fire flow, water system maintenance and repair, or related purposes.

              (5) "Person" means any firm, association, water users' association, corporation, irrigation district, or municipal corporation, as well as an individual.


              NEW SECTION. Sec. 3. A new section is added to chapter 90.03 RCW to read as follows:

              Beneficial uses of water under a municipal water supply purposes water right may include water for:

              (1) Uses that benefit fish and wildlife, water quality, or other instream resources or related habitat values; or

              (2) Uses that are needed to implement environmental obligations called for by a watershed plan approved under chapter 90.82 RCW or a comprehensive watershed plan adopted under RCW 90.54.040(1), a federally approved habitat conservation plan prepared in response to the listing of a species as being endangered or threatened under the federal endangered species act, 16 U.S.C. Sec. 1531 et seq., a hydropower license of the federal energy regulatory commission, or a comprehensive irrigation district management plan.


              NEW SECTION. Sec. 4. A new section is added to chapter 90.03 RCW to read as follows:

              When requested by a municipal water supplier or when processing a change or amendment to the right, the department shall amend the water right documents and related records to ensure that water rights that are for municipal water supply purposes, as defined in RCW 90.03.015, are correctly identified as being for municipal water supply purposes.


              NEW SECTION. Sec. 5. A new section is added to chapter 90.14 RCW to read as follows:

              When a municipal water supplier acquires an existing water right that is not a municipal water supply purpose right, that right is not subject to relinquishment for nonuse occurring during the time that the acquirer diligently seeks the department's approval to change the right to municipal water supply purposes. Once a change to municipal water supply purposes is approved by the department, the right is thereafter subject to the exception from relinquishment in RCW 90.14.140(2)(d).


              Sec. 6. RCW 90.14.031 and 1969 ex.s. c 284 s 12 are each amended to read as follows:

              ((Unless a different meaning is plainly required by the context, the following words and phrases as used in RCW 90.14.031 through 90.14.121 shall have the following meanings:))

              (1) The definitions in this subsection apply throughout this chapter unless the context clearly requires otherwise.

              (a) "Municipal water supplier" has the same meaning as defined in RCW 90.03.015.

              (b) "Municipal water supply purpose" has the same meaning as defined in RCW 90.03.015.

              (2) The definitions in this subsection apply throughout RCW 90.14.031 through 90.14.121 unless the context clearly requires otherwise.

              (a) "Person" shall mean an individual, partnership, association, public or private corporation, city or other municipality, county, or a state agency, and the United States of America when claiming water rights established under the laws of the state of Washington.

              (((2))) (b) "Beneficial use" shall include, but not be limited to, use for domestic water, irrigation, fish, shellfish, game and other aquatic life, municipal, recreation, industrial water, generation of electric power, and navigation.


              Sec. 7. RCW 90.03.260 and 1987 c 109 s 84 are each amended to read as follows:

              (1) Each application for permit to appropriate water shall set forth the name and post office address of the applicant, the source of water supply, the nature and amount of the proposed use, the time during which water will be required each year, the location and description of the proposed ditch, canal, or other work, the time within which the completion of the construction and the time for the complete application of the water to the proposed use.

              (2) If for agricultural purposes, ((it)) the application shall give the legal subdivision of the land and the acreage to be irrigated, as near as may be, and the amount of water expressed in acre feet to be supplied per season. If for power purposes, it shall give the nature of the works by means of which the power is to be developed, the head and amount of water to be utilized, and the uses to which the power is to be applied.

              (3) If for construction of a reservoir, ((it)) the application shall give the height of the dam, the capacity of the reservoir, and the uses to be made of the impounded waters.

              (4) If for community or multiple domestic water supply, the application shall give the projected number of service connections sought to be served. However, for a municipal water supplier that has an approved water system plan under chapter 43.20 RCW or an approval from the department of health to serve a specified number of service connections, the service connection figure in the application or any subsequent water right document is not an attribute limiting exercise of the water right as long as the number of service connections to be served under the right is consistent with the approved water system plan or specified number.

              (5) If for municipal water supply, ((it)) the application shall give the present population to be served, and, as near as may be estimated, the future requirement of the municipality. However, for a municipal water supplier that has an approved water system plan under chapter 43.20 RCW or an approval from the department of health to serve a specified number of service connections, the population figures in the application or any subsequent water right document are not an attribute limiting exercise of the water right as long as the population to be provided water under the right is consistent with the approved water system plan or specified number.

              (6) If for mining purposes, ((it)) the application shall give the nature of the mines to be served and the method of supplying and utilizing the water; also their location by legal subdivisions.

              (7) All applications shall be accompanied by such maps and drawings, in duplicate, and such other data, as may be required by the department, and such accompanying data shall be considered as a part of the application.


              Sec. 8. RCW 90.03.386 and 1991 c 350 s 2 are each amended to read as follows:

              (1) Within service areas established pursuant to chapter((s)) 43.20 ((and)) or 70.116 RCW, the department of ecology and the department of health shall coordinate approval procedures to ensure compliance and consistency with the approved water system plan.

              (2) The effect of the department of health's approval of a planning or engineering document that describes a municipal water supplier's service area under chapter 43.20 RCW, or the local legislative authority's approval of service area boundaries in accordance with procedures adopted pursuant to chapter 70.116 RCW, is that the place of use of a surface water right or ground water right used by the supplier is equivalent to, and coexistent with, the approved service area if the supplier is in compliance with the terms of the water system plan or small water system management program, including those regarding water conservation, and the alteration of the place of use is not inconsistent, regarding an area added to the place of use, with: Any comprehensive plans or development regulations adopted under chapter 36.70A RCW; any other comprehensive plan, land use plan, or development regulation adopted by a city, town, or county; or any watershed plan approved under chapter 90.82 RCW.

              (3) A municipal water supplier must implement cost-effective water conservation in accordance with the requirements of sections 10 and 11 of this act as part of its approved water system plan or small water system management program. With regard to water diverted or withdrawn by the municipal water supplier under a particular surface or ground water right a portion of which is an inchoate right, a municipal supplier with one thousand or more service connections must document an improvement in the efficiency of water use or delivery under the right over the last six years before it may divert or withdraw further amounts of its inchoate right for beneficial use. When establishing or extending a surface or ground water right construction schedule under RCW 90.03.320, the department must take into consideration the public water system's use of conserved water.


              Sec. 9. 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. 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 transmitted 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.

              (2) Except as provided for the issuance of certificates under RCW 90.03.240 and for the issuance of certificates following the approval of a change, transfer, or amendment under RCW 90.03.380 or 90.44.100, the department shall not revoke or diminish a certificate for a surface or ground water right for municipal water supply purposes as defined in RCW 90.03.015 unless the certificate was issued with ministerial errors or was obtained through misrepresentation. The department may adjust such a certificate under this subsection if ministerial errors are discovered, but only to the extent necessary to correct the ministerial errors. The department may diminish the right represented by such a certificate if the certificate was obtained through a misrepresentation on the part of the applicant or permit holder, but only to the extent of the misrepresentation. The authority provided by this subsection does not include revoking, diminishing, or adjusting a certificate based on any change in policy regarding the issuance of such certificates that has occurred since the certificate was issued. This subsection may not be construed as providing any authority to the department to revoke, diminish, or adjust a certificate for a water right for any purpose other than municipal water supply purposes.

              (3) This subsection applies to the water right represented by a water right certificate issued prior to the effective date of this section for municipal water supply purposes as defined in RCW 90.03.015 where the certificate was issued based on an administrative policy for issuing such certificates once works for diverting or withdrawing and distributing water for municipal supply purposes were constructed rather than after the water had been placed to actual beneficial use. Such a water right is a right in good standing as long as the potential use and use of water under the right is consistent with the principles of the administrative policy that led to its being issued, as that policy existed when the certificate was issued.

              (4) After the effective date of this section, the department must issue a new certificate under subsection (1) of this section for a water right represented by a water right permit only for the perfected portion of a water right as demonstrated through actual beneficial use of water.


              NEW SECTION. Sec. 10. A new section is added to chapter 70.119A RCW to read as follows:

              (1) The purpose of this section is to establish water use efficiency requirements designed to ensure efficient use of water while maintaining system financial viability, improving affordability of supplies, and enhancing system reliability. The requirements apply to all municipal water suppliers, as defined in RCW 90.03.015, and must be tailored to be appropriate for a system's size, forecasted demand, and supply constraints.

              (2) By December 31, 2005, the department must adopt rules that:

              (a) Establish performance measures to be used in measuring the progress a municipal water supplier is making in achieving its water conservation objectives under section 11 of this act which include, but are not limited to, those regarding water distribution system leakage, collection and reporting of source production and water consumption data, and timelines for setting and achieving cost-effective conservation objectives over time;

              (b) Establish criteria that identify how the department will determine whether municipal water suppliers are fulfilling the obligations established for them in section 11 of this act when the department reviews the conservation elements of water system plans and small water system management programs, submitted to it under chapter 43.20 RCW or submitted as part of coordinated water system planning under chapter 70.116 RCW. The criteria must take into consideration the historic conservation performance and conservation investment of the supplier, regional climate variations, and the supplier's customer base demographics, forecasted demand, and system supply constraints;

              (c) Establish minimum requirements for water demand forecast methodologies to be used by municipal water suppliers; and

              (d) Ensure compliance with the provisions of this section and section 11 of this act. The compliance processes established under this section must incorporate the graduated approach specified for the enforcement of water laws in RCW 90.03.605(1) (a) through (c).

              (3) The rules adopted by the department under subsection (2) of this section must not establish state conservation requirements that are less stringent than those in effect on the effective date of this section. For the reporting required by subsection (2)(a) of this section, the rules shall require that municipal water suppliers document that they are maintaining or improving conservation performance at the water system level.

              (4) The department must establish an advisory committee to assist it in developing rules under this section. The advisory committee must include representatives from public water system customers, environmental interest groups, business interest groups, a representative cross-section of municipal water suppliers, a person employed by a municipal water supplier as a water conservation expert, tribal governments, the department of ecology, and any other members determined necessary by the department.

              (5) The department must provide, upon request, technical assistance to public water systems and local governments regarding water conservation. The assistance must be available regarding, but is not limited to, the development of best management practices for water conservation programs, conservation landscape ordinances, conservation rate structures for public water systems, and general public education programs on water conservation.


              NEW SECTION. Sec. 11. A new section is added to chapter 70.119A RCW to read as follows:

              A municipal water supplier, as defined in RCW 90.03.015, must integrate conservation planning into its overall system operation and management and must appropriately fund conservation activities. A municipal water supplier must adopt and achieve water conservation objectives as part of its water system plan or small water system management program developed under chapter 43.20 RCW or as part of a coordinated water system plan under chapter 70.116 RCW. A municipal water supplier must improve the efficiency of its water system or systems over time, relative to past performance, and must assist the users of its water in improving the efficiency of their water use.

              Prior to the date by which the department must adopt rules under section 10(2) of this act and for the purposes of chapter 90.03 RCW, a municipal water supplier with one thousand or more service connections is in compliance with the terms of its water system plan regarding water conservation if the supplier is in compliance with the conservation elements of its current plan and it can document an improvement in the efficiency of water use or delivery in the system over the last six years and there is no loss of conservation performance prior to the adoption of the rules.


              NEW SECTION. Sec. 12. A new section is added to chapter 90.54 RCW to read as follows:

              The department shall prioritize the expenditure of funds and other resources for programs related to streamflow restoration in watersheds where the exercise of inchoate water rights may have a larger effect on streamflows and other water uses.


              NEW SECTION. Sec. 13. A new section is added to chapter 43.20 RCW to read as follows:

              The department shall consult with the departments of ecology, fish and wildlife, and community, trade, and economic development when it approves water system plans of public water systems. In approving such a plan, the department shall ensure that water service to be provided by the system under the plan for any new industrial, commercial, or residential use is consistent with the requirements of any comprehensive plans or development regulations adopted under chapter 36.70A RCW or any other comprehensive plan, land use plan, or development regulation adopted by a city, town, or county for the service area. The department shall also ensure that the plan accommodates the duty of the public water system to provide water for new residential use within its service area as described in section 14 of this act.


              NEW SECTION. Sec. 14. A new section is added to chapter 43.20 RCW to read as follows:

              The first choice of water supply for a new residential use of water within the service area of public water system, for which a public water system plan is required under this chapter, is water service from the public water system. The public water system has a duty to provide the water service within its service area if its service can be available in a timely and cost-effective manner and it has sufficient water rights to provide the service. Any water service provided shall be consistent with the requirements of any comprehensive plans or development regulations adopted under chapter 36.70A RCW or any other comprehensive plan, land use plan, or development regulation adopted by a city, town, or county for the service area and, for water service by the water utility of a city or town, with the utility service extension ordinances of the city or town. The service is available in a timely manner if the water can be provided within one hundred twenty days of the date the request for water service is made to the system by the party representing the new residential use, unless the party requests a longer period. The service is available in a cost- effective manner if the total cost to obtain the water from the public water system, including but not limited to construction and engineering costs, connection fees, and operating costs, does not exceed one hundred twenty percent of the total cost of providing water service from a well for the new residential use under the permit exemption of RCW 90.44.050.


              NEW SECTION. Sec. 15. A new section is added to chapter 43.20 RCW to read as follows:

              When a water system plan is regularly submitted to the department for review and approval, which on the effective date of this section occurs every six years, the plan must demonstrate that any new use of the inchoate water right of the system under the plan will be consistent with meeting the timelines and interim milestones established under section 5, chapter . . ., Laws of 2003 (section 5, Engrossed Substitute House Bill No. 2336) or section 8, chapter . . ., Laws of 2003 (section 8, Engrossed Substitute House Bill No. 1336) for achieving instream flows in the watershed in which water is diverted or withdrawn under the right. Public water systems shall provide public notice before submitting a water system plan or major revisions to a water system plan for approval under this chapter or under chapter 70.116 RCW. This section applies only to water systems for which a water system plan must be approved under this chapter or chapter 70.116 RCW.


              Sec. 16. RCW 90.48.495 and 1989 c 348 s 10 are each amended to read as follows:

              The department of ecology shall require sewer plans to include a discussion of water conservation measures considered or underway that would reduce flows to the sewerage system and an analysis of their anticipated impact on public sewer service and treatment capacity.


              Sec. 17. RCW 90.48.112 and 1997 c 444 s 9 are each amended 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. Wastewater plans submitted under RCW 90.48.110 must include a statement describing how applicable reclamation and reuse elements will be coordinated as required under RCW 90.46.120(2).


              Sec. 18. RCW 90.46.120 and 1997 c 444 s 1 are each amended to read as follows:

              (1) 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.

              (2) 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.

              (3) Where opportunities for the use of reclaimed water exist within the period of time addressed by a water supply plan or coordinated water system plan developed under chapter 43.20 or 70.116 RCW, these plans must be developed and coordinated to ensure that opportunities for reclaimed water are evaluated. The requirements of this subsection (3) do not apply to water system plans developed under chapter 43.20 RCW for utilities serving less than one thousand service connections.


              NEW SECTION. Sec. 19. A new section is added to chapter 90.03 RCW to read as follows:

              (1) On a pilot project basis, the department may enter into watershed agreements with one or more municipal water suppliers in a watershed to meet the objectives established in a water resource management program approved or being developed under chapter 90.82 RCW. The term of an agreement may not exceed ten years, but the agreement may be renewed or amended upon agreement of the parties.

              (2) Watershed agreements must be consistent with:

              (a) Growth management plans developed under chapter 36.70A RCW where these plans are adopted and in effect;

              (b) Water supply plans and small water system management programs approved under chapter 43.20 or 70.116 RCW;

              (c) Coordinated water supply plans approved under chapter 70.116 RCW; and

              (d) Water use efficiency and conservation requirements and standards established by the state department of health or such requirements and standards as are provided in an approved watershed plan, whichever are the more stringent.

              (3) A watershed agreement must:

              (a) Require the public water system operated by the participating municipal water supplier to meet obligations under the watershed plan;

              (b) Establish performance measures and timelines for measures to be completed;

              (c) Provide for monitoring of stream flows and metering of water use as needed to ensure that the terms of the agreement are met; and

              (d) Require annual reports from the water users regarding performance under the agreement.

              (4) As needed to implement watershed agreement activities, the department may provide or receive funding, or both, under its existing authorities.

              (5) The department must provide opportunity for public review of a proposed agreement before it is executed. The department must make proposed and executed watershed agreements and annual reports available on the department's internet web site.

              (6) The department must consult with affected local governments and the state departments of health and fish and wildlife before executing an agreement.

              (7) Before executing a watershed agreement, the department must conduct a government-to-government consultation with affected tribal governments. The municipal water suppliers operating the public water systems that are proposing to enter the agreements must be invited to participate in the consultations. During these consultations, the department and the municipal water suppliers shall explore the potential interest of the tribal governments or governments in participating in the agreement.

              (8) Any person aggrieved by the department's failure to satisfy the requirements in subsection (3) of this section as embodied in the department's decision to enter a watershed agreement under this section may, within thirty days of the execution of such an agreement, appeal the department's decision to the pollution control hearings board under chapter 43.21B RCW.

              (9) Any projects implemented by a municipal water system under the terms of an agreement reached under this section may be continued and maintained by the municipal water system after the agreement expires or is terminated as long as the conditions of the agreement under which they were implemented continue to be met.

              (10) The pilot project shall apply only in water resource inventory area number one established under chapter 173-500 WAC as it exists on the effective date of this section.

              (11) Before December 31, 2003, and December 31, 2004, the department must report to the appropriate committees of the legislature the results of the pilot projects provided for in this section. Based on the experience of the pilot project areas, the department must offer any suggested changes in law that would improve, facilitate, and maximize the implementation of watershed plans adopted under this chapter.


              NEW SECTION. Sec. 20. A new section is added to chapter 90.03 RCW to read as follows:

              The department may not enter into new watershed agreements under section 19 of this act after July 1, 2008. This section does not apply to the renewal of agreements in effect prior to that date.


              NEW SECTION. Sec. 21. A new section is added to chapter 90.03 RCW to read as follows:

              The right to use water under an unperfected surface water right for municipal water supply purposes or a portion thereof held by a municipal water supplier may be changed or transferred in the same manner as provided by RCW 90.03.380 if the change or transfer is subject to a watershed agreement established under section 19 of this act.


              NEW SECTION. Sec. 22. The legislature does not intend to appropriate additional funds for the implementation of this act and expects all affected state agencies to implement this act's provisions within existing funds.


              NEW SECTION. Sec. 23. 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.

 

Signed by Representatives Linville, Chairman; Rockefeller, Vice Chairman; Kristiansen, Assistant Ranking Minority Member; Eickmeyer; Grant; Hunt; McDermott and Quall.

 

MINORITY recommendation: Do not pass. Signed by Representatives Schoesler, Ranking Minority Member; Holmquist, Assistant Ranking Minority Member; Chandler; Orcutt and Sump.


             Referred to Committee on Appropriations.

April 4, 2003

2SSB 5027        Prime Sponsor, Senate Committee On Ways & Means: Providing for locally developed watershed planning. Reported by Committee on Agriculture & Natural Resources

 

MAJORITY recommendation: Do pass as amended.


              Strike everything after the enacting clause and insert the following:


"IMPLEMENTATION OF WATERSHED PLANS


              NEW SECTION. Sec. 1. The legislature declares and reaffirms that a core principle embodied in chapter 90.82 RCW is that state agencies must work cooperatively with local citizens in a process of planning for future uses of water by giving local citizens and the governments closest to them the ability to determine the management of water in the WRIA or WRIAs being planned.

              The legislature further finds that this process of local planning must have all the tools necessary to accomplish this task and that it is essential for the legislature to provide a clear statutory process for implementation so that the locally developed plan will be the adopted and implemented plan to the greatest extent possible.


              Sec.2. RCW 90.82.040 and 2001 c 237 s 2 are each amended to read as follows:

              (1) Once a WRIA planning unit has been initiated under RCW 90.82.060 and a lead agency has been designated, it shall notify the department and may apply to the department for funding assistance for conducting the planning and providing coordination and oversight of the implementation of the plan. Funds shall be provided from and to the extent of appropriations made by the legislature to the department expressly for this purpose.

              (2)(a) Each planning unit that has complied with subsection (1) of this section is eligible to receive watershed planning grants in the following amounts for the first three phases of watershed planning and phase four watershed plan implementation coordination and oversight:

              (i) Initiating governments may apply for an initial organizing grant of up to fifty thousand dollars for a single WRIA or up to seventy-five thousand dollars for a multi-WRIA management area in accordance with RCW 90.82.060(4);

              (ii)(A) A planning unit may apply for up to two hundred thousand dollars for each WRIA in the management area for conducting watershed assessments in accordance with RCW 90.82.070, except that a planning unit that chooses to conduct a detailed assessment or studies under (a)(ii)(B) of this subsection or whose initiating governments choose or have chosen to include an instream flow or water quality component in accordance with RCW 90.82.080 or 90.82.090 may apply for up to one hundred thousand additional dollars for each instream flow and up to one hundred thousand additional dollars for each water quality component included for each WRIA to conduct an assessment on that optional component and for each WRIA in which the assessments or studies under (a)(ii)(B) of this subsection are conducted.

              (B) A planning unit may elect to apply for up to one hundred thousand additional dollars to conduct a detailed assessment of multipurpose water storage opportunities or for studies of specific multipurpose storage projects which opportunities or projects are consistent with and support the other elements of the planning unit's watershed plan developed under this chapter; and

              (iii) A planning unit may apply for up to two hundred fifty thousand dollars for each WRIA in the management area for developing a watershed plan and making recommendations for actions by local, state, and federal agencies, tribes, private property owners, private organizations, and individual citizens, including a recommended list of strategies and projects that would further the purpose of the plan in accordance with RCW 90.82.060 through 90.82.100.

              (b) A planning unit may request a different amount for phase two or phase three of watershed planning than is specified in (a) of this subsection, provided that the total amount of funds awarded do not exceed the maximum amount the planning unit is eligible for under (a) of this subsection. The department shall approve such an alternative allocation of funds if the planning unit identifies how the proposed alternative will meet the goals of this chapter and provides a proposed timeline for the completion of planning. However, the up to one hundred thousand additional dollars in funding for instream flow and water quality components and for water storage assessments or studies that a planning unit may apply for under (a)(ii)(A) of this subsection may be used only for those instream flow, water quality, and water storage purposes.

              (c) By December 1, 2001, or within one year of initiating phase one of watershed planning, whichever occurs later, the initiating governments for each planning unit must inform the department whether they intend to have the planning unit establish or amend instream flows as part of its planning process. If they elect to have the planning unit establish or amend instream flows, the planning unit is eligible to receive one hundred thousand dollars for that purpose in accordance with (a)(ii) of this subsection. If the initiating governments for a planning unit elect not to establish or amend instream flows as part of the unit's planning process, the department shall retain one hundred thousand dollars to carry out an assessment to support establishment of instream flows and to establish such flows in accordance with RCW 90.54.020(3)(a) and chapter 90.22 RCW. The department shall not use these funds to amend an existing instream flow unless requested to do so by the initiating governments for a planning unit.

              (d) In administering funds appropriated for supplemental funding for optional plan components under (a)(ii) of this subsection, the department shall give priority in granting the available funds to proposals for setting or amending instream flows.

              (e) A planning unit may apply for a matching grant for phase four coordination and oversight of watershed plan implementation. A match of ten to twenty-five percent is required and may include financial contributions or in-kind goods and services directly related to coordination and oversight functions. The match can be provided by the planning unit or by the combined commitments from federal agencies, tribal governments, local governments, special districts, or other local organizations. The phase four grant may be up to one hundred thousand dollars for each planning unit for each of the first three years of implementation. At the end of the three-year period, a two- year extension may be available for up to fifty thousand dollars each year. For planning units that cover more than one WRIA, additional matching funds of up to twenty-five thousand dollars may be available for each additional WRIA per year for the first three years of implementation, and up to twelve thousand five hundred dollars per WRIA per year for each of the fourth and fifth years.

              (3)(a) The department shall use the eligibility criteria in this subsection (3) instead of rules, policies, or guidelines when evaluating grant applications at each stage of the grants program.

              (b) In reviewing grant applications under this subsection (3), the department shall evaluate whether:

              (i) The planning unit meets all of the requirements of this chapter;

              (ii) The application demonstrates a need for state planning funds to accomplish the objectives of the planning process; and

              (iii) The application and supporting information evidences a readiness to proceed.

              (c) In ranking grant applications submitted at each stage of the grants program, the department shall give preference to applications in the following order of priority:

              (i) Applications from existing planning groups that have been in existence for at least one year;

              (ii) Applications that address protection and enhancement of fish habitat in watersheds that have aquatic fish species listed or proposed to be listed as endangered or threatened under the federal endangered species act, 16 U.S.C. Sec. 1531 et seq. and for which there is evidence of an inability to supply adequate water for population and economic growth from:

              (A) First, multi-WRIA planning; and

              (B) Second, single WRIA planning;

              (iii) Applications that address protection and enhancement of fish habitat in watersheds or for which there is evidence of an inability to supply adequate water for population and economic growth from:

              (A) First, multi-WRIA planning; and

              (B) Second, single WRIA planning.

              (d) Except for phase four watershed plan implementation, the department may not impose any local matching fund requirement as a condition for grant eligibility or as a preference for receiving a grant.

              (4) The department may retain up to one percent of funds allocated under this section to defray administrative costs.

              (5) Planning under this chapter should be completed as expeditiously as possible, with the focus being on local stakeholders cooperating to meet local needs.

              (6) Funding provided under this section shall be considered a contractual obligation against the moneys appropriated for this purpose.


              Sec. 3. RCW 90.82.130 and 2001 c 237 s 4 are each amended to read as follows:

              (1)(a) Upon completing its proposed watershed plan, the planning unit may approve the proposal by consensus of all of the members of the planning unit or by consensus among the members of the planning unit appointed to represent units of government and a majority vote of the nongovernmental members of the planning unit.

              (b) If the proposal is approved by the planning unit, the unit shall submit the proposal to the counties with territory within the management area. If the planning unit has received funding beyond the initial organizing grant under RCW 90.82.040, such a proposal approved by the planning unit shall be submitted to the counties within four years of the date that funds beyond the initial funding are first drawn upon by the planning unit.

              (c) If the watershed plan is not approved by the planning unit, the planning unit may submit the components of the plan for which agreement is achieved using the procedure under (a) of this subsection, or the planning unit may terminate the planning process.

              (2)(a) With the exception of a county legislative authority that chooses to opt out of watershed planning as provided in (c) of this subsection, the legislative authority of each of the counties with territory in the management area shall provide public notice of and conduct at least one public hearing on the proposed watershed plan submitted under this section. After the public hearings, the legislative authorities of these counties shall convene in joint session to consider the proposal. The counties may approve or reject the proposed watershed plan for the management area, but may not amend it. Approval of such a proposal shall be made by a majority vote of the members of each of the counties with territory in the management area.

              (b) If a proposed watershed plan is not approved, it shall be returned to the planning unit with recommendations for revisions. Approval of such a revised proposal by the planning unit and the counties shall be made in the same manner provided for the original watershed plan. If approval of the revised plan is not achieved, the process shall terminate.

              (c) A legislative authority of a county with less than five percent of affected territory within a particular management area may choose to opt out of watershed planning under this chapter and the public hearing processes under (a) and (b) of this subsection, with regard to that legislative authority's affected territory within a particular management area. A county choosing to opt out shall notify the department and the other initiating governments of that choice prior to commencement of plan adoption under the provisions of (a) of this subsection. A county choosing to opt out shall not be bound by obligations contained in the watershed plan adopted for that management area under this chapter. Even if a county chooses to opt out as provided in this section, the other counties within a management area may adopt a proposed watershed plan as provided in this chapter.

              (3) The planning unit shall not add an element to its watershed plan that creates an obligation unless each of the governments to be obligated has at least one representative on the planning unit and the respective members appointed to represent those governments agree to adding the element that creates the obligation. A member's agreeing to add an element shall be evidenced by a recorded vote of all members of the planning unit in which the members record support for adding the element. If the watershed plan is approved under subsections (1) and (2) of this section and the plan creates obligations: (a) For agencies of state government, the agencies shall adopt by policy, procedures, agreements, or rules the obligations of both state and county governments and procedures or rules implementing the state obligations, the obligations on state agencies are binding upon adoption of the obligations ((into rule)), and the agencies shall take other actions to fulfill their obligations as soon as possible, and should annually review implementation needs with respect to budget and staffing; ((or)) (b) for counties, the obligations are binding on the counties and the counties shall adopt any necessary implementing ordinances and take other actions to fulfill their obligations as soon as possible, and should annually review implementation needs with respect to budget and staffing; or (c) for an organization voluntarily accepting an obligation, the organization must adopt policies, procedures, agreements, rules, or ordinances to implement the plan, and should annually review implementation needs with respect to budget and staffing.

              (4) As used in this section, "obligation" means any action required as a result of this chapter that imposes upon a tribal government, county government, or state government, either: A fiscal impact; a redeployment of resources; or a change of existing policy.

              (5) After a plan is approved under subsection (2)(a) of this section and if the department participated in the planning process, the department shall rely on such a plan as the framework for making water resource and water quality decisions in the watershed. The department shall also rely upon the plan as a primary consideration in determining the public interest related to those decisions.

              (6) Once a plan is approved under subsection (2)(a) of this section, the department may adopt rules under RCW 90.54.040(1) to modify the plan through a negotiated rule-making process under RCW 34.05.310(2)(a) and shall adopt rules implementing its obligations imposed by the plan or modified plan through such a negotiated rule- making process. The department may not modify the plan in any other manner or under any other authority. The entities to be included in the negotiated rule making as affected interests must include, but are not limited to: Water right holders and other affected residents in a watershed or watersheds; and, to the greatest extent practicable, the members of the original planning unit for the watershed or watersheds.


              NEW SECTION. Sec. 4. A new section is added to chapter 90.82 RCW to read as follows:

              (1) Upon approval of the watershed plan, the role of the planning unit is to provide coordination and oversight during the implementation of the plan. This may include a number of interrelated activities, such as seeking funding; tracking progress towards implementation milestones; making adjustments to respond to new information and changing conditions; coordinating the many implementation actions being performed by different organizations in the watershed; and responding to local needs and concerns as expressed by elected officials, stakeholders, and the public. Supporting activities also include public outreach and education; long-term monitoring activities and associated research; data management; and program evaluation.

              (2) Within one year of accepting funding for plan coordination and oversight, the planning unit must complete a detailed implementation plan. An implementation plan must clearly define coordination and oversight responsibilities; any needed interlocal agreements, rules, or ordinances; specific funding mechanisms; timelines for carrying out the actions included in the plan; and an adaptive management strategy for plan amendments. The implementation plan must include coordination of salmon recovery projects with lead entities working under chapter 246, Laws of 1998. Submittal of a detailed implementation plan to the department is a condition for receiving grants for the second and all subsequent years of the phase four grant.


              NEW SECTION. Sec. 5. A new section is added to chapter 90.82 RCW to read as follows:

              (1) Each plan developed under this chapter must contain strategies for achieving the following water resource objectives:

              (a) Providing sufficient water for productive agriculture;

              (b) Providing sufficient water for commercial, industrial, and residential use; and

              (c) Providing sufficient water for instream flows.

              (2) Such a plan must include timelines for achieving these three objectives and interim milestones for measuring progress in achieving the objectives. Such a plan must also identify the state and local administrative approvals and permits that must be secured to achieve these objectives.

              (3) The strategies developed under this chapter to satisfy these objectives must include, but are not limited to, the identification of:

              (a) How the objectives are to be achieved;

              (b) Timelines for achieving these objectives;

              (c) How progress is to be measured for achieving the objectives and interim milestones for measuring that progress;

              (d) How any limiting factors regarding stream flows or water supply that have been identified for salmon in analyses under RCW 77.85.060 are to be overcome;

              (e) How progress in overcoming these limiting factors is to be measured and interim milestones for measuring that progress; and

              (f) How the strategies developed under this section are to be coordinated with the activities and habitat project lists of lead entities and committees conducted and developed under RCW 77.85.050.


              Sec. 6. RCW 90.82.060 and 2001 c 229 s 1 are each amended to read as follows:

              (1) Planning conducted under this chapter must provide for a process to allow the local citizens within a WRIA or multi-WRIA area to join together in an effort to: (a) Assess the status of the water resources of their WRIA or multi-WRIA area; and (b) determine how best to manage the water resources of the WRIA or multi-WRIA area to balance the competing resource demands for that area within the parameters under RCW 90.82.120.

              (2) Watershed planning under this chapter may be initiated for a WRIA only with the concurrence of: (a) All counties within the WRIA; (b) the largest city or town within the WRIA unless the WRIA does not contain a city or town; and (c) the water supply utility obtaining the largest quantity of water from the WRIA or, for a WRIA with lands within the Columbia Basin project, the water supply utility obtaining from the Columbia Basin project the largest quantity of water for the WRIA. To apply for a grant for organizing the planning unit as provided for under RCW 90.82.040(2)(a), these entities shall designate the entity that will serve as the lead agency for the planning effort and indicate how the planning unit will be staffed.

              (3) Watershed planning under this chapter may be initiated for a multi-WRIA area only with the concurrence of: (a) All counties within the multi-WRIA area; (b) the largest city or town in each WRIA unless the WRIA does not contain a city or town; and (c) the water supply utility obtaining the largest quantity of water in each WRIA.

              (4) If entities in subsection (2) or (3) of this section decide jointly and unanimously to proceed, they shall invite all tribes with reservation lands within the management area.

              (5) The entities in subsection (2) or (3) of this section, including the tribes if they affirmatively accept the invitation, constitute the initiating governments for the purposes of this section.

              (6) The organizing grant shall be used to organize the planning unit and to determine the scope of the planning to be conducted. In determining the scope of the planning activities, consideration shall be given to all existing plans and related planning activities. The scope of planning must include water quantity elements as provided in RCW 90.82.070, and may include water quality elements as contained in RCW 90.82.090, habitat elements as contained in RCW 90.82.100, and instream flow elements as contained in RCW 90.82.080. The initiating governments shall work with state government, other local governments within the management area, and affected tribal governments, in developing a planning process. The initiating governments may hold public meetings as deemed necessary to develop a proposed scope of work and a proposed composition of the planning unit. In developing a proposed composition of the planning unit, the initiating governments shall provide for representation of a wide range of water resource interests.

              (7) Each state agency with regulatory or other interests in the WRIA or multi-WRIA area to be planned shall assist the local citizens in the planning effort to the greatest extent practicable, recognizing any fiscal limitations. In providing such technical assistance and to facilitate representation on the planning unit, state agencies may organize and agree upon their representation on the planning unit. Such technical assistance must only be at the request of and to the extent desired by the planning unit conducting such planning. The number of state agency representatives on the planning unit shall be determined by the initiating governments in consultation with the governor's office.

              (8) As used in this section, "lead agency" means the entity that coordinates staff support of its own or of other local governments and receives grants under RCW 90.82.130 for developing and for implementation coordination and oversight of a watershed plan.


              NEW SECTION. Sec. 7. A new section is added to chapter 90.82 RCW to read as follows:

              The department and all other state agencies, acting within the authorities, restrictions, and responsibilities of the statutes they administer and available resources, shall act on the approvals and permits needed to implement any plan approved under this chapter. In instances where granting particular approvals or permits is not consistent with those authorities and responsibilities, the agencies or divisions within the department shall identify to the director the changes in statute that would allow them to grant the approvals and permits. By December 31, 2003, and by December 31st of each year thereafter, the director of the department shall report to the appropriate standing committees of the legislature and to the governor on the statutory changes that would be necessary to provide the state agency approvals and permits identified under this section.


              NEW SECTION. Sec. 8. A new section is added to chapter 90.54 RCW to read as follows:

              (1) When a comprehensive water resource program is developed in segments under RCW 90.54.040(1), the watershed planning shall be conducted through local planning groups that represent at least the diversity of interests required for planning conducted under chapter 90.82 RCW. Any plan developed under this section shall include, but is not limited to, the water supply and use assessment and strategies for future use required for planning conducted under chapter 90.82 RCW by RCW 90.82.070 and the following:

              (a) Strategies for achieving the water resource objectives listed in section 5(1) of this act;

              (b) Timelines for achieving each of the objectives listed in section 5(2) of this act and interim milestones for measuring progress in achieving the objectives; and

              (c) An identification of the state and local administrative approvals and permits that must be secured to achieve the objectives listed in section 5(3) of this act.

              The department and all other state agencies, acting within the authorities, restrictions, and responsibilities of the statutes they administer and available resources, shall act on the approvals and permits needed to implement any plan approved under this section. In instances where granting particular approvals or permits is not consistent with those authorities and responsibilities, the agencies or divisions within the department shall identify to the director the changes in statute that would allow them to grant the approvals and permits.

              (2) The director shall include within the report required by section 7 of this act the director's recommendations for changes in statutes from those identified under this section.


              NEW SECTION. Sec. 9. A new section is added to chapter 90.54 RCW to read as follows:

              Instream flow requirements must be established for not less than the main stem of the principal stream or river in each water resource inventory area established in chapter 173-500 WAC as it exists on the effective date of this section.


COORDINATING WATERSHED, WATER QUALITY, AND SALMON RECOVERY PLANNING


              NEW SECTION. Sec. 10. A new section is added to chapter 90.48 RCW to read as follows:

              This section applies to any work conducted by the department for determining or allocating total maximum daily loads for approval by the United States environmental protection agency under the federal clean water act (33 U.S.C. Sec. 1251 et seq.). The department shall design its work schedule and plan for conducting such activities in a manner that facilitates the involvement of watershed planning units conducting planning under RCW 90.82.090. As a minimum, the department shall:

              (1) Schedule its work so that the involvement of planning units under subsection (3) of this section is possible under the work schedules established or likely to be established for the units to implement RCW 90.82.090;

              (2) Arrange its longer-term work schedule in a way that allows initiating governments to know that their choice to require a water quality component under RCW 90.82.090 or to initiate planning under RCW 90.82.060(7) would include the involvement of their planning unit under subsection (3) of this section; and

              (3) Designate the planning units conducting planning under RCW 90.82.090 as the local advisory bodies to be used, consistent with section 11 of this act, when the department conducts total maximum daily load activities in any portion of the area for which the unit is conducting such planning. This requirement does not apply to activities regarding an allocation of total maximum daily load for a body of water if the allocation is submitted by the department to the United States environmental protection agency for approval under the federal clean water act before or within six months of the effective date of this section.


              NEW SECTION. Sec. 11. A new section is added to chapter 90.82 RCW to read as follows:

              A planning unit conducting planning under RCW 90.82.090 may choose to assign the responsibility of being the local advisory body for total maximum daily load activities under section 10 of this act to: The members of the planning unit, as a whole, except those representing state agencies; some portion of the membership of the planning unit, other than the members representing state agencies; or any combination it may choose of its membership, other than state agency representatives, and any additional individuals it may choose who agree to participate.


              Sec. 12. RCW 90.82.090 and 1998 c 247 s 5 are each amended to read as follows:

              If the initiating governments choose to include a water quality component, the watershed plan shall include the following elements:

              (1) An examination based on existing studies conducted by federal, state, and local agencies of the degree to which legally established water quality standards are being met in the management area;

              (2) An examination based on existing studies conducted by federal, state, and local agencies of the causes of water quality violations in the management area, including an examination of information regarding pollutants, point and nonpoint sources of pollution, and pollution- carrying capacities of water bodies in the management area. The analysis shall take into account seasonal stream flow or level variations, natural events, and pollution from natural sources that occurs independent of human activities;

              (3) An examination of the legally established characteristic uses of each of the nonmarine bodies of water in the management area;

              (4) An examination of any total maximum daily load established for nonmarine bodies of water in the management area((, unless a total maximum daily load process has begun in the management area as of the date the watershed planning process is initiated under RCW 90.82.060));

              (5) An examination of existing data related to the impact of fresh water on marine water quality;

              (6) A recommended approach for implementing the total maximum daily load established for achieving compliance with water quality standards for the nonmarine bodies of water in the management area((, unless a total maximum daily load process has begun in the management area as of the date the watershed planning process is initiated under RCW 90.82.060)); and

              (7) Recommended means of monitoring by appropriate government agencies whether actions taken to implement the approach to bring about improvements in water quality are sufficient to achieve compliance with water quality standards.

              This chapter does not obligate the state to undertake analysis or to develop strategies required under the federal clean water act (33 U.S.C. Sec. 1251 et seq.). This chapter does not authorize any planning unit, lead agency, or local government to adopt water quality standards or total maximum daily loads under the federal clean water act.


              Sec. 13. RCW 90.82.120 and 1998 c 247 s 8 are each amended to read as follows:

              (1) Watershed planning developed and approved under this chapter shall not contain provisions that: (a) Are in conflict with existing state statutes, federal laws, or tribal treaty rights; (b) impair or diminish in any manner an existing water right evidenced by a claim filed in the water rights claims registry established under chapter 90.14 RCW or a water right certificate or permit; (c) require a modification in the basic operations of a federal reclamation project with a water right the priority date of which is before June 11, 1998, or alter in any manner whatsoever the quantity of water available under the water right for the reclamation project, whether the project has or has not been completed before June 11, 1998; (d) affect or interfere with an ongoing general adjudication of water rights; (e) modify or require the modification of any waste discharge permit issued under chapter 90.48 RCW; (f) except as provided in RCW 77.85.050(1)(c), modify or require the modification of activities or actions taken or intended to be taken under a habitat restoration work schedule developed under chapter 246, Laws of 1998; or (g) modify or require the modification of activities or actions taken to protect or enhance fish habitat if the activities or actions are: (i) Part of an approved habitat conservation plan and an incidental take permit, an incidental take statement, a management or recovery plan, or other cooperative or conservation agreement entered into with a federal or state fish and wildlife protection agency under its statutory authority for fish and wildlife protection that addresses the affected habitat; or (ii) part of a water quality program adopted by an irrigation district under chapter 87.03 RCW or a board of joint control under chapter 87.80 RCW. This subsection (1)(g) applies as long as the activities or actions continue to be taken in accordance with the plan, agreement, permit, or statement. Any assessment conducted under RCW 90.82.070, 90.82.090, or 90.82.100 shall take into consideration such activities and actions and those taken under the forest practices rules, including watershed analysis adopted under the forest practices act, chapter 76.09 RCW.

              (2) Watershed planning developed and approved under this chapter shall not change existing local ordinances or existing state rules or permits, but may contain recommendations for changing such ordinances or rules.

              (3) Notwithstanding any other provision of this chapter, watershed planning shall take into account forest practices rules under the forest practices act, chapter 76.09 RCW, and shall not create any obligations or restrictions on forest practices additional to or inconsistent with the forest practices act and its implementing rules, whether watershed planning is approved by the counties or the department.


              Sec. 14. RCW 77.85.050 and 1999 sp.s. c 13 s 11 are each amended to read as follows:

              (1)(a) Counties, cities, and tribal governments must jointly designate, by resolution or by letters of support, the area for which a habitat project list is to be developed and the lead entity that is to be responsible for submitting the habitat project list. No project included on a habitat project list shall be considered mandatory in nature and no private landowner may be forced or coerced into participation in any respect. The lead entity may be a county, city, conservation district, special district, tribal government, or other entity.

              (b) The lead entity shall establish a committee that consists of representative interests of counties, cities, conservation districts, tribes, environmental groups, business interests, landowners, citizens, volunteer groups, regional fish enhancement groups, and other habitat interests. The purpose of the committee is to provide a citizen-based evaluation of the projects proposed to promote salmon habitat. The technical review team may provide the lead entity with organizational models that may be used in establishing the committees.

              (c) The committee shall compile a list of habitat projects, establish priorities for individual projects, define the sequence for project implementation, and submit these activities as the habitat project list. In any WRIA for which watershed planning is being conducted by a planning unit under RCW 90.82.100, the committee and the lead entity shall share their information regarding the WRIA with the planning unit, and the committee and the lead entity shall consult with the planning unit in preparing and in adding activities to the habitat project list for that WRIA. The committee shall also identify potential federal, state, local, and private funding sources.

              (2) The area covered by the habitat project list must be based, at a minimum, on a WRIA, combination of WRIAs, or any other area as agreed to by the counties, cities, and tribes in resolutions or in letters of support meeting the requirements of this subsection. Preference will be given to projects in an area that contain a salmon species that is listed or proposed for listing under the federal endangered species act.

              (3) The lead entity shall submit the habitat project list to the technical review team in accordance with procedures adopted by the board.


              Sec. 15. RCW 77.85.130 and 2000 c 107 s 102 and 2000 c 15 s 1 are each reenacted and amended to read as follows:

              (1) The salmon recovery funding board shall develop procedures and criteria for allocation of funds for salmon habitat projects and salmon recovery activities on a statewide basis to address the highest priorities for salmon habitat protection and restoration. To the extent practicable the board shall adopt an annual allocation of funding. The allocation should address both protection and restoration of habitat, and should recognize the varying needs in each area of the state on an equitable basis. The board has the discretion to partially fund, or to fund in phases, salmon habitat projects. The board may annually establish a maximum amount of funding available for any individual project, subject to available funding. No projects required solely as a mitigation or a condition of permitting are eligible for funding.

              (2)(a) In evaluating, ranking, and awarding funds for projects and activities the board shall give preference to projects that:

              (i) Are based upon the limiting factors analysis identified under RCW 77.85.060;

              (ii) Provide a greater benefit to salmon recovery based upon the stock status information contained in the department of fish and wildlife salmonid stock inventory (SASSI), the salmon and steelhead habitat inventory and assessment project (SSHIAP), and any comparable science-based assessment when available;

              (iii) Will benefit listed species and other fish species; and

              (iv) Will preserve high quality salmonid habitat.

              (b) In evaluating, ranking, and awarding funds for projects and activities the board shall also give consideration to projects that:

              (i) Are the most cost-effective;

              (ii) Have the greatest matched or in-kind funding; and

              (iii) Will be implemented by a sponsor with a successful record of project implementation.

              (3) The board may reject, but not add, projects from a habitat project list submitted by a lead entity for funding. After January 1, 2004, the board shall not provide funding for any project in a WRIA for which planning is being conducted under RCW 90.82.100 unless the lead entity as well as the planning unit for the WRIA under chapter 90.82 RCW both document that the consultation required by RCW 77.85.050(1)(c) has been conducted for the project.

              (4) For fiscal year 2000, the board may authorize the interagency review team to evaluate, rank, and make funding decisions for categories of projects or activities or from funding sources provided for categories of projects or activities. In delegating such authority the board shall consider the review team's staff resources, procedures, and technical capacity to meet the purposes and objectives of this chapter. The board shall maintain general oversight of the team's exercise of such authority.

              (5) The board shall seek the guidance of the technical review team to ensure that scientific principles and information are incorporated into the allocation standards and into proposed projects and activities. If the technical review team determines that a habitat project list complies with the critical pathways methodology under RCW 77.85.060, it shall provide substantial weight to the list's project priorities when making determinations among applications for funding of projects within the area covered by the list.

              (6) The board shall establish criteria for determining when block grants may be made to a lead entity or other recognized regional recovery entity consistent with one or more habitat project lists developed for that region. Where a lead entity has been established pursuant to RCW 77.85.050, the board may provide grants to the lead entity to assist in carrying out lead entity functions under this chapter, subject to available funding. The board shall determine an equitable minimum amount of funds for each region, and shall distribute the remainder of funds on a competitive basis.

              (7) The board may waive or modify portions of the allocation procedures and standards adopted under this section in the award of grants or loans to conform to legislative appropriations directing an alternative award procedure or when the funds to be awarded are from federal or other sources requiring other allocation procedures or standards as a condition of the board's receipt of the funds. The board shall develop an integrated process to manage the allocation of funding from federal and state sources to minimize delays in the award of funding while recognizing the differences in state and legislative appropriation timing.

              (8) The board may award a grant or loan for a salmon recovery project on private or public land when the landowner has a legal obligation under local, state, or federal law to perform the project, when expedited action provides a clear benefit to salmon recovery, and there will be harm to salmon recovery if the project is delayed. For purposes of this subsection, a legal obligation does not include a project required solely as a mitigation or a condition of permitting.

              (9) The board may condition a grant or loan to include the requirement that property may only be transferred to a federal agency if the agency that will acquire the property agrees to comply with all terms of the grant or loan to which the project sponsor was obligated. Property acquired or improved by a project sponsor may be conveyed to a federal agency, but only if the agency agrees to comply with all terms of the grant or loan to which the project sponsor was obligated.


              NEW SECTION. Sec. 16. The legislature does not intend to appropriate additional funds for the implementation of this act and expects all affected state agencies to implement this act's provisions within existing funds.


              NEW SECTION. Sec. 17. Headings used in this act are not any part of the law."


              Correct the title.

 

Signed by Representatives Linville, Chairman; Rockefeller, Vice Chairman; Eickmeyer; Grant; Hunt; McDermott and Quall.

 

MINORITY recommendation: Do not pass. Signed by Representatives Schoesler, Ranking Minority Member; Holmquist, Assistant Ranking Minority Member; Chandler; Kristiansen; Orcutt and Sump.


             Referred to Committee on Appropriations.

April 4, 2003

SSB 5028          Prime Sponsor, Senate Committee On Natural Resources, Energy & Water: Clarifying the state's authority to regulate water pollution. Reported by Committee on Agriculture & Natural Resources

 

MAJORITY recommendation: Do pass as amended.


              Strike everything after the enacting clause and insert the following:


              "NEW SECTION. Sec. 1. A new section is added to chapter 90.48 RCW to read as follows:

              In exercising authority according to this chapter, the department may only affect the beneficial use of a water right as provided in this section.

              (1) Before applying authority according to this chapter to address a water quality problem caused by the unauthorized use of water, the department shall first establish that the use of water is not authorized according to chapter 90.03, 90.14, 90.40, or 90.44 RCW. The department shall establish that the use of water is unauthorized through the issuance of a formal action that is not appealed or is affirmed on appeal. When the use of water is established as unauthorized, the department may use authority under this chapter to address water quality problems resulting from the unauthorized water use.

              (2) When issuing water quality certifications according to section 401 of the federal Clean Water Act (33 U.S.C. Sec. 1341), the department may condition federal hydropower licenses to ensure that the state's water quality standards are met and that adequate streamflows are maintained.


              Sec. 2. RCW 90.03.600 and 1995 c 403 s 635 are each amended to read as follows:

              The department must follow the sequence of enforcement actions, including levying a civil penalty, as provided in RCW 90.03.605. In determining the amount of penalty to be levied, the department shall consider the seriousness of the violation, whether the violation is repeated or continuous after notice is given of the violation, and whether any damage has occurred to the health or property of other persons. Except as provided in RCW 43.05.060 through 43.05.080 and 43.05.150, ((the power is granted to)) the department of ecology ((to)) may levy civil penalties ((of up to)) ranging from one hundred dollars to ten thousand dollars per day for violation of any of the provisions of this chapter and chapters 43.83B, 90.22, and 90.44 RCW, and rules, permits, and similar documents and regulatory orders of the department of ecology adopted or issued pursuant to such chapters. The procedures of RCW 90.48.144 shall be applicable to all phases of the levying of a penalty as well as review and appeal of the same."


              Correct the title.

 

Signed by Representatives Linville, Chairman; Rockefeller, Vice Chairman; Schoesler, Ranking Minority Member; Kristiansen, Assistant Ranking Minority Member; Eickmeyer; Grant; Quall and Sump.

 

MINORITY recommendation: Do not pass. Signed by Representatives Holmquist, Assistant Ranking Minority Member; Chandler; Hunt; McDermott and Orcutt.


             Passed to Committee on Rules for second reading.

April 3, 2003

SSB 5039          Prime Sponsor, Senate Committee On Health & Long-Term Care: Concerning hepatitis C. Reported by Committee on Health Care

 

MAJORITY recommendation: Do pass as amended.


              Strike everything after the enacting clause and insert the following:


              "NEW SECTION. Sec. 1. A new section is added to chapter 70.54 RCW to read as follows:

              (1) The secretary of health shall design a state plan for the prevention, education, and treatment of hepatitis C by January 1, 2004. In developing the plan, the secretary shall seek the input of:

              (a) The public;

              (b) Patient groups and organizations;

              (c) Relevant state agencies that have functions that involve hepatitis C or provide services to persons with hepatitis C;

              (d) Local health departments;

              (e) Public health and clinical laboratories;

              (f) Providers of services to persons with hepatitis C;

              (g) Research scientists;

              (h) The University of Washington;

              (i) Representatives from the pharmaceutical industry; and

              (j) The Washington state medical association.

              (2) The plan shall include implementation recommendations in the following areas:

              (a) Hepatitis C virus prevention and treatment strategies for groups at risk for hepatitis C with an emphasis towards those groups that are disproportionately affected by hepatitis C, including persons infected with HIV, veterans, racial or ethnic minorities that suffer a higher incidence of hepatitis C, and persons who engage in high-risk behavior, such as intravenous drug use;

              (b) Educational programs to promote public awareness about bloodborne infections and knowledge about risk factors, the value of early detection, screening, services, and available treatment options for hepatitis C;

              (c) Education curricula for appropriate health and health-related providers covered by the uniform disciplinary act, chapter 18.130 RCW;

              (d) Training courses for persons providing hepatitis C counseling, public health clinic staff, and any other appropriate provider, which shall focus on disease prevention, early detection, and intervention;

              (e) Capacity for voluntary hepatitis C testing programs to be performed at facilities providing voluntary HIV testing under chapter 70.24 RCW;

              (f) A comprehensive model for the prevention and management of hepatitis C; and

              (g) Sources and availability of funding to implement the plan.

              (3) The secretary of health shall submit the completed state plan to the legislature by January 1, 2004. After the initial state plan is submitted, the department shall update the state plan biennially and shall submit a progress report on the implementation of the plan to the governor and make it available to other interested parties. The update and progress reports are due December 1, 2004, and every two years thereafter.

              (4) The state plan developed pursuant to this section shall be developed using only available federal and private sources, including grants.

              (5) This section expires June 30, 2007.


              Sec. 2. RCW 49.60.172 and 1988 c 206 s 903 are each amended to read as follows:

              (1) No person may require an individual to take an HIV test, as defined in chapter 70.24 RCW, or hepatitis C test, as a condition of hiring, promotion, or continued employment unless the absence of HIV or hepatitis C infection is a bona fide occupational qualification for the job in question.

              (2) No person may discharge or fail or refuse to hire any individual, or segregate or classify any individual in any way which would deprive or tend to deprive that individual of employment opportunities or adversely affect his or her status as an employee, or otherwise discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment on the basis of the results of an HIV test or hepatitis C test unless the absence of HIV or hepatitis C infection is a bona fide occupational qualification of the job in question.

              (3) The absence of HIV or hepatitis C infection as a bona fide occupational qualification exists when performance of a particular job can be shown to present a significant risk, as defined by the board of health by rule, of transmitting HIV or hepatitis C infection to other persons, and there exists no means of eliminating the risk by restructuring the job.

              (4) For the purpose of this chapter, any person who is actually infected with HIV or hepatitis C, but is not disabled as a result of the infection, shall not be eligible for any benefits under the affirmative action provisions of chapter 49.74 RCW solely on the basis of such infection.

              (5) Employers are immune from civil action for damages arising out of transmission of HIV or hepatitis C to employees or to members of the public unless such transmission occurs as a result of the employer's gross negligence.


              Sec. 3. RCW 49.60.174 and 1997 c 271 s 6 are each amended to read as follows:

              (1) For the purposes of determining whether an unfair practice under this chapter has occurred, claims of discrimination based on actual or perceived HIV or hepatitis C infection shall be evaluated in the same manner as other claims of discrimination based on sensory, mental, or physical disability; or the use of a trained dog guide or service animal by a disabled person.

              (2) Subsection (1) of this section shall not apply to transactions with insurance entities, health service contractors, or health maintenance organizations subject to RCW 49.60.030(1)(e) or 49.60.178 to prohibit fair discrimination on the basis of actual HIV or actual hepatitis C infection status when bona fide statistical differences in risk or exposure have been substantiated.

              (3) For the purposes of this chapter((,)):

              (a) "HIV" means the human immunodeficiency virus, and includes all HIV and HIV-related viruses which damage the cellular branch of the human immune system and leave the infected person immunodeficient; and

              (b) "Hepatitis C" means the hepatitis C virus of any genotype.


              NEW SECTION. Sec. 4. A new section is added to chapter 50.20 RCW to read as follows:

              (1) Credentialed health care professionals listed in RCW 18.130.040 shall be deemed to be dislocated workers for the purpose of commissioner approval of training under RCW 50.20.043 if they are unemployed as a result of contracting hepatitis C in the course of employment and are unable to continue to work in their profession because of a significant risk that such work would pose to other persons and that risk cannot be eliminated.

              (2) For purposes of subsection (1) of this section, a health care professional who was employed on a full-time basis in their profession shall be presumed to have contracted hepatitis C in the course of employment. This presumption may be rebutted by a preponderance of the evidence that demonstrates that the health care professional contracted hepatitis C as a result of activities or circumstances not related to employment.


              NEW SECTION. Sec. 5. Section 1 of this act does not create a private right of action."


              Correct the title.

 

Signed by Representatives Cody, Chairman; Morrell, Vice Chairman; Pflug, Ranking Minority Member; Bailey, Assistant Ranking Minority Member; Alexander; Benson; Campbell; Clibborn; Darneille; Edwards; Moeller; Schual-Berke and Skinner.


             Referred to Committee on Appropriations.

April 2, 2003

SB 5042            Prime Sponsor, Senator T. Sheldon: Authorizing the department of natural resources to enter contracts that indemnify another party against loss or damage. Reported by Committee on Agriculture & Natural Resources

 

MAJORITY recommendation: Do pass as amended.


              On page 1, line 6, before "The" insert "(1)"


              On page 1, line 11, after "law." strike "Subject" and insert the following:

              "(2)(a) Except as provided in (b) of this subsection, and subject"


              On page 1, after line 14, insert the following:

              "(b) When executing a right of way or easement contract over private land that involves forest management activities, the department shall indemnify the private landowner if the landowner does not receive a direct benefit from the contract."

 

Signed by Representatives Linville, Chairman; Rockefeller, Vice Chairman; Schoesler, Ranking Minority Member; Holmquist, Assistant Ranking Minority Member; Chandler; Eickmeyer; Grant; Hunt; Kristiansen; McDermott; Orcutt; Quall and Sump.


             Passed to Committee on Rules for second reading.

April 3, 2003

SSB 5051          Prime Sponsor, Senate Committee On Commerce & Trade: Removing the sale of strong beer from the exclusive jurisdiction of the liquor control board. Reported by Committee on Commerce & Labor

 

MAJORITY recommendation: Do pass as amended.


              Strike everything after the enacting clause and insert the following:


              "Sec. 1. RCW 66.24.244 and 1998 c 126 s 3 are each amended to read as follows:

              (1) There shall be a license for microbreweries; fee to be one hundred dollars for production of less than sixty thousand barrels of malt liquor, including strong beer, per year.

              (2) Any microbrewery license under this section may also act as a distributor and/or retailer for beer and strong beer of its own production. Strong beer may not be sold at a farmers market or under any endorsement which may authorize microbreweries to sell beer at farmers markets. Any microbrewery operating as a distributor and/or retailer under this subsection shall comply with the applicable laws and rules relating to distributors and/or retailers.

              (3) The board may issue an endorsement to this license allowing for on-premises consumption of beer, including strong beer, wine, or both of other manufacture if purchased from a Washington state-licensed distributor. Each endorsement shall cost two hundred dollars per year, or four hundred dollars per year allowing the sale and service of both beer and wine.

              (4) The microbrewer obtaining such endorsement must determine, at the time the endorsement is issued, whether the licensed premises will be operated either as a tavern with persons under twenty-one years of age not allowed as provided for in RCW 66.24.330, or as a beer and/or wine restaurant as described in RCW 66.24.320.


              Sec. 2. RCW 66.24.250 and 1997 c 321 s 13 are each amended to read as follows:

              There shall be a license for beer distributors to sell beer and strong beer, purchased from licensed Washington breweries, beer certificate of approval holders (B5), licensed beer importers, or suppliers of foreign beer located outside the state of Washington, to licensed beer retailers and other beer distributors and to export same from the state of Washington; fee six hundred sixty dollars per year for each distributing unit.


              Sec. 3. RCW 66.24.261 and 1997 c 321 s 14 are each amended to read as follows:

              There shall be a license for beer importers that authorizes the licensee to import beer and strong beer manufactured within the United States by certificate of approval holders (B5) into the state of Washington. The licensee may also import beer and strong beer manufactured outside the United States.

              (1) Beer and strong beer so imported may be sold to licensed beer distributors or exported from the state.

              (2) Every person, firm, or corporation licensed as a beer importer shall establish and maintain a principal office within the state at which shall be kept proper records of all beer and strong beer imported into the state under this license.

              (3) No beer importer's license shall be granted to a nonresident of the state nor to a corporation whose principal place of business is outside the state until such applicant has established a principal office and agent within the state upon which service can be made.

              (4) As a requirement for license approval, a beer importer shall enter into a written agreement with the board to furnish on or before the twentieth day of each month, a report under oath, detailing the quantity of beer and strong beer sold or delivered to each licensed beer distributor. Failure to file such reports may result in the suspension or cancellation of this license.

              (5) Beer and strong beer imported under this license must conform to the provisions of RCW 66.28.120 and have received label approval from the board. The board shall not certify beer or strong beer labeled with names which may be confused with other nonalcoholic beverages whether manufactured or produced from a domestic brewery or imported nor shall it certify beer or strong beer which fails to meet quality standards established by the board.

              (6) The license fee shall be one hundred sixty dollars per year.


              Sec. 4. RCW 66.24.270 and 1997 c 321 s 15 are each amended to read as follows:

              (1) Every person, firm or corporation, holding a license to manufacture malt liquors or strong beer within the state of Washington, shall, on or before the twentieth day of each month, furnish to the Washington state liquor control board, on a form to be prescribed by the board, a statement showing the quantity of malt liquors and strong beer sold for resale during the preceding calendar month to each beer distributor within the state of Washington.

              (2) A United States brewery or manufacturer of beer or strong beer, located outside the state of Washington, must hold a certificate of approval (B5) to allow sales and shipment of the certificate of approval holder's beer or strong beer to licensed Washington beer distributors or importers. The certificate of approval shall not be granted unless and until such brewer or manufacturer of beer or strong beer shall have made a written agreement with the board to furnish to the board, on or before the twentieth day of each month, a report under oath, on a form to be prescribed by the board, showing the quantity of beer and strong beer sold or delivered to each licensed beer distributor or importer during the preceding month, and shall further have agreed with the board, that such brewer or manufacturer of beer or strong beer and all general sales corporations or agencies maintained by them, and all of their trade representatives, corporations, and agencies, shall and will faithfully comply with all laws of the state of Washington pertaining to the sale of intoxicating liquors and all rules and regulations of the Washington state liquor control board. A violation of the terms of this agreement will cause the board to take action to suspend or revoke such certificate.

              (3) The fee for the certificate of approval, issued pursuant to the provisions of this title, shall be one hundred dollars per year, which sum shall accompany the application for such certificate.


              Sec. 5. RCW 66.24.290 and 1999 c 281 s 14 are each amended to read as follows:

              (1) Any microbrewer or domestic brewery or beer distributor licensed under this title may sell and deliver beer and strong beer to holders of authorized licenses direct, but to no other person, other than the board; and every such brewery or beer distributor shall report all sales to the board monthly, pursuant to the regulations, and shall pay to the board as an added tax for the privilege of manufacturing and selling the beer and strong beer within the state a tax of one dollar and thirty cents per barrel of thirty-one gallons on sales to licensees within the state and on sales to licensees within the state of bottled and canned beer, including strong beer, shall pay a tax computed in gallons at the rate of one dollar and thirty cents per barrel of thirty-one gallons. Any brewery or beer distributor whose applicable tax payment is not postmarked by the twentieth day following the month of sale will be assessed a penalty at the rate of two percent per month or fraction thereof. Beer and strong beer shall be sold by breweries and distributors in sealed barrels or packages. The moneys collected under this subsection shall be distributed as follows: (a) Three- tenths of a percent shall be distributed to border areas under RCW 66.08.195; and (b) of the remaining moneys: (i) Twenty percent shall be distributed to counties in the same manner as under RCW 66.08.200; and (ii) eighty percent shall be distributed to incorporated cities and towns in the same manner as under RCW 66.08.210.

              (2) An additional tax is imposed on all beer and strong beer subject to tax under subsection (1) of this section. The additional tax is equal to two dollars per barrel of thirty-one gallons. All revenues collected during any month from this additional tax shall be deposited in the violence reduction and drug enforcement account under RCW 69.50.520 by the twenty-fifth day of the following month.

              (3)(a) An additional tax is imposed on all beer and strong beer subject to tax under subsection (1) of this section. The additional tax is equal to ninety-six cents per barrel of thirty-one gallons through June 30, 1995, two dollars and thirty-nine cents per barrel of thirty-one gallons for the period July 1, 1995, through June 30, 1997, and four dollars and seventy-eight cents per barrel of thirty-one gallons thereafter.

              (b) The additional tax imposed under this subsection does not apply to the sale of the first sixty thousand barrels of beer each year by breweries that are entitled to a reduced rate of tax under 26 U.S.C. Sec. 5051, as existing on July 1, 1993, or such subsequent date as may be provided by the board by rule consistent with the purposes of this exemption.

              (c) All revenues collected from the additional tax imposed under this subsection (3) shall be deposited in the health services account under RCW 43.72.900.

              (4) An additional tax is imposed on all beer and strong beer that is subject to tax under subsection (1) of this section that is in the first sixty thousand barrels of beer and strong beer by breweries that are entitled to a reduced rate of tax under 26 U.S.C. Sec. 5051, as existing on July 1, 1993, or such subsequent date as may be provided by the board by rule consistent with the purposes of the exemption under subsection (3)(b) of this section. The additional tax is equal to one dollar and forty-eight and two-tenths cents per barrel of thirty-one gallons. By the twenty-fifth day of the following month, three percent of the revenues collected from this additional tax shall be distributed to border areas under RCW 66.08.195 and the remaining moneys shall be transferred to the state general fund.

              (5) The board may make refunds for all taxes paid on beer and strong beer exported from the state for use outside the state.

              (6) The board may require filing with the board of a bond to be approved by it, in such amount as the board may fix, securing the payment of the tax. If any licensee fails to pay the tax when due, the board may forthwith suspend or cancel his or her license until all taxes are paid.

              (((7) The tax imposed under this section shall not apply to "strong beer" as defined in this title.))


              Sec. 6. RCW 66.24.320 and 1998 c 126 s 4 are each amended to read as follows:

              There shall be a beer and/or wine restaurant license to sell beer, including strong beer, or wine, or both, at retail, for consumption on the premises. A patron of the licensee may remove from the premises, recorked or recapped in its original container, any portion of wine that was purchased for consumption with a meal.

              (1) The annual fee shall be two hundred dollars for the beer license, two hundred dollars for the wine license, or four hundred dollars for a combination beer and wine license.

              (2) The board may issue a caterer's endorsement to this license to allow the licensee to remove from the liquor stocks at the licensed premises, only those types of liquor that are authorized under the on- premises license privileges for sale and service at special occasion locations at a specified date and place not currently licensed by the board. The privilege of selling and serving liquor under the endorsement is limited to members and guests of a society or organization as defined in RCW 66.24.375. Cost of the endorsement is three hundred fifty dollars.

              (a) The holder of this license with catering endorsement shall, if requested by the board, notify the board or its designee of the date, time, place, and location of any catered event. Upon request, the licensee shall provide to the board all necessary or requested information concerning the society or organization that will be holding the function at which the endorsed license will be utilized.

              (b) If attendance at the function will be limited to members and invited guests of the sponsoring society or organization, the requirement that the society or organization be within the definition of RCW 66.24.375 is waived.


              Sec. 7. RCW 66.24.330 and 1997 c 321 s 19 are each amended to read as follows:

              There shall be a beer and wine retailer's license to be designated as a tavern license to sell beer, including strong beer, or wine, or both, at retail, for consumption on the premises. Such licenses may be issued only to a person operating a tavern that may be frequented only by persons twenty-one years of age and older.

              The annual fee for such license shall be two hundred dollars for the beer license, two hundred dollars for the wine license, or four hundred dollars for a combination beer and wine license. Licensees who have a fee increase of more than one hundred dollars as a result of this change shall have their fees increased fifty percent of the amount the first renewal year and the remaining amount beginning with the second renewal period. New licensees obtaining a license after July 1, 1998, shall pay the full amount of four hundred dollars.


              Sec. 8. RCW 66.24.360 and 1997 c 321 s 22 are each amended to read as follows:

              There shall be a beer and/or wine retailer's license to be designated as a grocery store license to sell beer, strong beer, and/or wine at retail in bottles, cans, and original containers, not to be consumed upon the premises where sold, at any store other than the state liquor stores.

              (1) Licensees obtaining a written endorsement from the board may also sell malt liquor in kegs or other containers capable of holding less than five and one-half gallons of liquid.

              (2) The annual fee for the grocery store license is one hundred fifty dollars for each store.

              (3) The board shall issue a restricted grocery store license authorizing the licensee to sell beer and only table wine, if the board finds upon issuance or renewal of the license that the sale of strong beer or fortified wine would be against the public interest. In determining the public interest, the board shall consider at least the following factors:

              (a) The likelihood that the applicant will sell strong beer or fortified wine to persons who are intoxicated;

              (b) Law enforcement problems in the vicinity of the applicant's establishment that may arise from persons purchasing strong beer or fortified wine at the establishment; and

              (c) Whether the sale of strong beer or fortified wine would be detrimental to or inconsistent with a government-operated or funded alcohol treatment or detoxification program in the area.

              If the board receives no evidence or objection that the sale of strong beer or fortified wine would be against the public interest, it shall issue or renew the license without restriction, as applicable. The burden of establishing that the sale of strong beer or fortified wine by the licensee would be against the public interest is on those persons objecting.

              (4) Licensees holding a grocery store license must maintain a minimum three thousand dollar inventory of food products for human consumption, not including pop, beer, strong beer, or wine.

              (5) Upon approval by the board, the grocery store licensee may also receive an endorsement to permit the international export of beer, strong beer, and wine.

              (a) Any beer, strong beer, or wine sold under this endorsement must have been purchased from a licensed beer or wine distributor licensed to do business within the state of Washington.

              (b) Any beer, strong beer, and wine sold under this endorsement must be intended for consumption outside the state of Washington and the United States and appropriate records must be maintained by the licensee.

              (c) A holder of this special endorsement to the grocery store license shall be considered not in violation of RCW 66.28.010.

              (d) Any beer, strong beer, or wine sold under this license must be sold at a price no less than the acquisition price paid by the holder of the license.

              (e) The annual cost of this endorsement is five hundred dollars and is in addition to the license fees paid by the licensee for a grocery store license.


              Sec. 9. RCW 66.24.371 and 1997 c 321 s 23 are each amended to read as follows:

              (1) There shall be a beer and/or wine retailer's license to be designated as a beer and/or wine specialty shop license to sell beer, strong beer, and/or wine at retail in bottles, cans, and original containers, not to be consumed upon the premises where sold, at any store other than the state liquor stores. Licensees obtaining a written endorsement from the board may also sell malt liquor in kegs or other containers capable of holding less than five and one-half gallons of liquid. The annual fee for the beer and/or wine specialty shop license is one hundred dollars for each store.

              (2) Licensees under this section may provide, free or for a charge, single-serving samples of two ounces or less to customers for the purpose of sales promotion. Sampling activities of licensees under this section are subject to RCW 66.28.010 and 66.28.040 and the cost of sampling under this section may not be borne, directly or indirectly, by any manufacturer, importer, or distributor of liquor.

              (3) The board shall issue a restricted beer and/or wine specialty shop license, authorizing the licensee to sell beer and only table wine, if the board finds upon issuance or renewal of the license that the sale of strong beer or fortified wine would be against the public interest. In determining the public interest, the board shall consider at least the following factors:

              (a) The likelihood that the applicant will sell strong beer or fortified wine to persons who are intoxicated;

              (b) Law enforcement problems in the vicinity of the applicant's establishment that may arise from persons purchasing strong beer or fortified wine at the establishment; and

              (c) Whether the sale of strong beer or fortified wine would be detrimental to or inconsistent with a government-operated or funded alcohol treatment or detoxification program in the area.

              If the board receives no evidence or objection that the sale of strong beer or fortified wine would be against the public interest, it shall issue or renew the license without restriction, as applicable. The burden of establishing that the sale of strong beer or fortified wine by the licensee would be against the public interest is on those persons objecting.

              (4) Licensees holding a beer and/or wine specialty shop license must maintain a minimum three thousand dollar wholesale inventory of beer, strong beer, and/or wine.


              Sec. 10. RCW 66.24.452 and 2001 c 199 s 2 are each amended to read as follows:

              (1) There shall be a beer and wine license to be issued to a private club for sale of beer, strong beer, and wine for on-premises consumption.

              (2) Beer, strong beer, and wine sold by the licensee may be on tap or by open bottles or cans.

              (3) The fee for the private club beer and wine license is one hundred eighty dollars per year.

              (4) The board may issue an endorsement to the private club beer and wine license that allows the holder of a private club beer and wine license to sell for off-premises consumption wine vinted and bottled in the state of Washington and carrying a label exclusive to the license holder selling the wine. Spirits, strong beer, and beer may not be sold for off-premises consumption under this section. The annual fee for the endorsement under this ((chapter [section])) section is one hundred twenty dollars.


              Sec. 11. RCW 82.08.150 and 1998 c 126 s 16 are each amended to read as follows:

              (1) There is levied and shall be collected a tax upon each retail sale of spirits((, or strong beer)) in the original package at the rate of fifteen percent of the selling price. The tax imposed in this subsection shall apply to all such sales including sales by the Washington state liquor stores and agencies, but excluding sales to spirits, beer, and wine restaurant licensees.

              (2) There is levied and shall be collected a tax upon each sale of spirits((, or strong beer)) in the original package at the rate of ten percent of the selling price on sales by Washington state liquor stores and agencies to spirits, beer, and wine restaurant licensees.

              (3) There is levied and shall be collected an additional tax upon each retail sale of spirits in the original package at the rate of one dollar and seventy-two cents per liter. The additional tax imposed in this subsection shall apply to all such sales including sales by Washington state liquor stores and agencies, and including sales to spirits, beer, and wine restaurant licensees.

              (4) An additional tax is imposed equal to fourteen percent multiplied by the taxes payable under subsections (1), (2), and (3) of this section.

              (5) An additional tax is imposed upon each retail sale of spirits in the original package at the rate of seven cents per liter. The additional tax imposed in this subsection shall apply to all such sales including sales by Washington state liquor stores and agencies, and including sales to spirits, beer, and wine restaurant licensees. All revenues collected during any month from this additional tax shall be deposited in the violence reduction and drug enforcement account under RCW 69.50.520 by the twenty-fifth day of the following month.

              (6)(a) An additional tax is imposed upon retail sale of spirits in the original package at the rate of one and seven-tenths percent of the selling price through June 30, 1995, two and six-tenths percent of the selling price for the period July 1, 1995, through June 30, 1997, and three and four-tenths of the selling price thereafter. This additional tax applies to all such sales including sales by Washington state liquor stores and agencies, but excluding sales to spirits, beer, and wine restaurant licensees.

              (b) An additional tax is imposed upon retail sale of spirits in the original package at the rate of one and one-tenth percent of the selling price through June 30, 1995, one and seven-tenths percent of the selling price for the period July 1, 1995, through June 30, 1997, and two and three-tenths of the selling price thereafter. This additional tax applies to all such sales to spirits, beer, and wine restaurant licensees.

              (c) An additional tax is imposed upon each retail sale of spirits in the original package at the rate of twenty cents per liter through June 30, 1995, thirty cents per liter for the period July 1, 1995, through June 30, 1997, and forty-one cents per liter thereafter. This additional tax applies to all such sales including sales by Washington state liquor stores and agencies, and including sales to spirits, beer, and wine restaurant licensees.

              (d) All revenues collected during any month from additional taxes under this subsection shall be deposited in the health services account created under RCW 43.72.900 by the twenty-fifth day of the following month.

              (7) The tax imposed in RCW 82.08.020 shall not apply to sales of spirits ((or strong beer)) in the original package.

              (8) The taxes imposed in this section shall be paid by the buyer to the seller, and each seller shall collect from the buyer the full amount of the tax payable in respect to each taxable sale under this section. The taxes required by this section to be collected by the seller shall be stated separately from the selling price and for purposes of determining the tax due from the buyer to the seller, it shall be conclusively presumed that the selling price quoted in any price list does not include the taxes imposed by this section.

              (9) As used in this section, the terms, "spirits((," "strong beer,))" and "package" shall have the meaning ascribed to them in chapter 66.04 RCW.


              NEW SECTION. Sec. 12. The liquor control board shall report to the legislature by December 1, 2004, on the impacts of strong beer sales.


              NEW SECTION. Sec. 13. 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, 2003."

 

Signed by Representatives Conway, Chairman; Condotta, Assistant Ranking Minority Member; Crouse; Holmquist; Kenney and McCoy.

 

MINORITY recommendation: Do not pass. Signed by Representatives Wood, Vice Chairman; Hudgins.


             Passed to Committee on Rules for second reading.

April 2, 2003

SB 5065            Prime Sponsor, Senator Swecker: Modifying when a geologist license may be obtained without a written exam. Reported by Committee on Commerce & Labor

 

MAJORITY recommendation: Do pass as amended.


              On page 4, after line 20, insert the following:

              "NEW SECTION. Sec. 2. A new section is added to chapter 18.220 RCW to read as follows:

              (1) This chapter permits the state, any state agency or any political subdivision of the state, or a county, city, or other public body to use the services of either a soil scientist engaging in the practice of soil science, as defined in subsection (2) of this section, or a licensed geologist or licensed specialty geologist engaging in the practice of geology, as defined in RCW 18.220.010, to perform work that is within the scope of practice of both professions.

              (2) For the purpose of this section, "practice of soil science" means the performance of or offer to perform soil science work including, but not limited to, the investigation, evaluation, planning, management, classification, and mapping of soil and the interpretation of soil behavior, including surface erosion, and the inspection and responsible charge of such work.

              (3) This section expires July 1, 2005."


              Renumber the remaining section consecutively and correct any internal references accordingly. 


              Correct the title.

 

Signed by Representatives Conway, Chairman; Wood, Vice Chairman; Chandler, Ranking Minority Member; Condotta, Assistant Ranking Minority Member; Crouse; Holmquist; Hudgins and McCoy.


             Passed to Committee on Rules for second reading.

April 4, 2003

ESB 5073         Prime Sponsor, Senator Fraser: Adopting provisions for cooperative watershed management plans. Reported by Committee on Agriculture & Natural Resources

 

MAJORITY recommendation: Do pass as amended.


              On page 2, line 25, after "authorize" strike "up to ten percent of"


              On page 2, beginning on line 29, strike "Such limitation on expenditures shall not apply to additional revenues for watershed plan implementation that are authorized by voter approval under section 5 of this act."


              On page 5, line 23, after "activity." insert "The revenue proposal shall include provisions to ensure that persons or parcels within the watershed plan area will not be taxed or assessed by more than one public agency for a specific watershed management plan project, program, or activity."

 

Signed by Representatives Linville, Chairman; Rockefeller, Vice Chairman; Eickmeyer; Grant; Hunt; McDermott and Quall.

 

MINORITY recommendation: Do not pass. Signed by Representatives Schoesler, Ranking Minority Member; Holmquist, Assistant Ranking Minority Member; Chandler; Kristiansen; Orcutt and Sump.


             Passed to Committee on Rules for second reading.

April 4, 2003

ESB 5106         Prime Sponsor, Senator Hewitt: Concerning the annual consumptive quantity of a water right. Reported by Committee on Agriculture & Natural Resources

 

MAJORITY recommendation: Do pass as amended.


              Strike everything after the enacting clause and insert the following:


              "Sec. 1. RCW 90.03.380 and 2001 c 237 s 5 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 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. A change in the place of use, point of diversion, and/or purpose of use of a water right to enable irrigation of additional acreage or the addition of new uses may be permitted if such change results in no increase in the annual consumptive quantity of water used under the water right. For purposes of this section, "annual consumptive quantity" means the estimated or actual annual amount of water diverted or withdrawn pursuant to the water right, reduced by the estimated annual amount of return flows, ((averaged over the two years of greatest use within the most recent five-year period of continuous beneficial use of the water right)) in the year in which the largest volume of water was diverted or withdrawn for beneficial use under the right during the five years immediately preceding the date the holder of the water right applies for a change of the right to enable such an irrigation of additional acreage or such an addition of new uses or, if the water right has been held by the water right holder for less than five years on such date, in the year in which the largest volume of water was diverted or withdrawn for beneficial use under the right during the time the right has been held by the water right holder. When an application for a change of a right to enable such an irrigation of additional acreage or such an addition of new uses is considered by the department, the department must determine the ownership of the entire right but is to evaluate only the portion of the right directly involved in the proposal to irrigate the additional acreage or to add the new uses in determining whether to approve or disapprove the change.

              (2) 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 the application shall not be granted until notice of the application 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))) (3) 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 integrity of either of the districts.

              (((3))) (4) 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.

              (((4))) (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.

              (((5))) (6)(a) Pending applications for new water rights are not entitled to protection from impairment, injury, or detriment when an application relating to an existing surface or ground water right is considered.

              (b) Applications relating to existing surface or ground water rights may be processed and decisions on them rendered independently of processing and rendering decisions on pending applications for new water rights within the same source of supply without regard to the date of filing of the pending applications for new water rights.

              (c) Notwithstanding any other existing authority to process applications, including but not limited to the authority to process applications under WAC 173-152-050 as it existed on January 1, 2001, an application relating to an existing surface or ground water right may be processed ahead of a previously filed application relating to an existing right when sufficient information for a decision on the previously filed application is not available and the applicant for the previously filed application is sent written notice that explains what information is not available and informs the applicant that processing of the next application will begin. The previously filed application does not lose its priority date and if the information is provided by the applicant within sixty days, the previously filed application shall be processed at that time. This subsection (((5))) (6)(c) does not affect any other existing authority to process applications.

              (d) Nothing in this subsection (((5))) (6) is intended to stop the processing of applications for new water rights.

              (((6))) (7) No applicant for a change, transfer, or amendment of a water right may be required to give up any part of the applicant's valid water right or claim to a state agency, the trust water rights program, or to other persons as a condition of processing the application.

              (((7))) (8) In revising the provisions of this section and adding provisions to this section by chapter 237, Laws of 2001, the legislature does not intend to imply legislative approval or disapproval of any existing administrative policy regarding, or any existing administrative or judicial interpretation of, the provisions of this section not expressly added or revised.

              (9) Notwithstanding any other provision of this section or RCW 90.44.100, a water right to use surface or ground water that has been applied to any beneficial use within the general category of an agricultural use may be changed to another agricultural use, within the other limitations of the water right, under the following conditions:

              (a) A change in the type of crop irrigated under an agricultural irrigation water right may be made without providing notice to the department and does not constitute a change in the purpose of use of the right;

              (b) A change from one agricultural use to another agricultural use that does not involve a change in the season of use of the water may be made after notification to, but without the approval of, the department;

              (c) A change from one agricultural use to another agricultural use that involves a change in the season of use of water may be made after providing notice and opportunity for review to the department as described in this subsection. For these changes, the water right holder shall give written notice to the department that includes information describing the proposed change and providing evidence of beneficial use of the right. The water right holder may proceed with the change unless the department notifies the water right holder within forty-five calendar days that the proposed change raises concerns regarding potential impairment to other water rights. The director may extend the forty-five day period by an additional thirty calendar days if notice is provided to the water right holder within the forty-five day period. The department shall operate under a rebuttable presumption of no impairment of other water rights if the season of use is proposed to be changed from a period that is more critical for other water rights and streamflows to a period that is less critical. If the department determines that the proposed change raises concerns regarding potential impairment to other water rights, the proposed change may not proceed under this subsection (9);

              (d) The department's determination under (c) of this subsection is not appealable. For a change that is not allowed under (c) of this subsection, the water right holder may subsequently apply for a change in right under subsection (1) of this section, RCW 90.03.390, or 90.44.100, in which case the department shall make a full and normal determination and render an appealable decision under those statutes. In making such a decision, the department is not bound by its earlier determination and the earlier determination may not result in a presumption of impairment of any water right; and

              (e) The general category of an agricultural use of water under this subsection (9) is composed of, but not limited to, the beneficial uses of water for agricultural irrigation; frost protection; watering livestock; processing agricultural commodities; dust suppression; cleaning of agricultural animals, equipment, and facilities; and confined animal feeding operations with applicable land use and water quality permits.


              Sec. 2. RCW 90.44.050 and 1987 c 109 s 108 are each amended to read as follows:

              (1) Except as provided in subsection (2) of this section, after June 6, 1945, no withdrawal of public ground waters of the state shall be begun, nor shall any well or other works for such withdrawal be constructed, unless an application to appropriate such waters has been made to the department and a permit has been granted by it as herein provided((: EXCEPT, HOWEVER, That)).

              (2) Each of the following uses of public ground water is exempt from the permit requirements of subsection (1) of this section to the extent that the water is regularly used beneficially, and the right to use the water shall be entitled to a right equal to that established by a permit issued under the provisions of this chapter:

              (a) Any withdrawal of public ground waters ((for stock-watering purposes, or)) for the watering of a lawn or of a noncommercial garden not exceeding one-half acre in area((, or)); and

              (b) Except as provided in subsection (4) of this section, any withdrawal of public ground waters in an amount not exceeding five thousand gallons a day for:

              (i) Single or group domestic uses ((in an amount not exceeding five thousand gallons a day, or for an industrial purpose in an amount not exceeding five thousand gallons a day, is and shall be exempt from the provisions of this section, but, to the extent that it is regularly used beneficially, shall be entitled to a right equal to that established by a permit issued under the provisions of this chapter: PROVIDED, HOWEVER, That));

              (ii) Stock watering purposes; or

              (iii) An industrial purpose.

              (3) However, the department from time to time may require the person or agency making any such small withdrawal to furnish information as to the means for and the quantity of that withdrawal((: PROVIDED, FURTHER, That)). At the option of the party making withdrawals of ground waters of the state not exceeding five thousand gallons per day, applications under this section or declarations under RCW 90.44.090 may be filed and permits and certificates obtained in the same manner and under the same requirements as ((is)) provided in this chapter ((provided)) in the case of withdrawals in excess of five thousand gallons a day.

              (4) Any withdrawal of water for stock watering purposes begun before the effective date of this section is exempt from the permit requirements of subsection (1) of this section to the maximum extent that water was withdrawn for those purposes under the right prior to the effective date of this section. Beginning on the effective date of this section, such a withdrawal begun before the effective date of this section continues to be exempt from the permit requirements of subsection (1) of this section for that maximum extent.


              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 immediately."


              Correct the title.

 

Signed by Representatives Linville, Chairman; Rockefeller, Vice Chairman; Schoesler, Ranking Minority Member; Kristiansen, Assistant Ranking Minority Member; Eickmeyer; Grant; McDermott and Quall.

 

MINORITY recommendation: Do not pass. Signed by Representatives Holmquist, Assistant Ranking Minority Member; Chandler; Hunt; Orcutt and Sump.


             Passed to Committee on Rules for second reading.

April 2, 2003

SSB 5117          Prime Sponsor, Senate Committee On Highways & Transportation: Regulating the sale, distribution, and installation of air bags. Reported by Committee on Transportation

 

MAJORITY recommendation: Do pass. Signed by Representatives Murray, Chairman; Rockefeller, Vice Chairman; Ericksen, Ranking Minority Member; Jarrett, Assistant Ranking Minority Member; Bailey; Campbell; Clibborn; Cooper; Dickerson; Edwards; Flannigan; Hankins; Hatfield; Hudgins; Kristiansen; Lovick; Morris; Nixon; Romero; Schindler; Shabro; Simpson; Sullivan; Wallace; Wood and Woods.

 

MINORITY recommendation: Do not pass. Signed by Representatives Anderson; Armstrong and Mielke.


             Passed to Committee on Rules for second reading.

April 3, 2003

SSB 5120          Prime Sponsor, Senate Committee On Judiciary: Changing provisions relating to ignition interlock devices. Reported by Committee on Judiciary

 

MAJORITY recommendation: Do pass as amended.


              Strike everything after the enacting clause and insert the following:


              "Sec. 1. RCW 46.20.720 and 2001 c 247 s 1 are each amended to read as follows:

              (1) The court may order that after a period of suspension, revocation, or denial of driving privileges, and for up to as long as the court has jurisdiction, any person convicted of any offense involving the use, consumption, or possession of alcohol while operating a motor vehicle may drive only a motor vehicle equipped with a functioning ignition interlock or other biological or technical device.

              (2) ((If a)) (a) The department shall require that, after any applicable period of suspension, revocation, or denial of driving privileges, a person may drive only a motor vehicle equipped with a functioning ignition interlock or other biological or technical device if the person is convicted of a violation of RCW 46.61.502 or 46.61.504 or an equivalent local ordinance and it is:

              (((a))) (i) The person's first conviction or a deferred prosecution under chapter 10.05 RCW and his or her alcohol concentration was at least 0.15, or by reason of the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration; ((or (b)))

              (ii) The person's second or subsequent conviction; or (((c)))

              (iii) The person's first conviction and the person has a previous deferred prosecution under chapter 10.05 RCW or it is a deferred prosecution under chapter 10.05 RCW and the person has a previous conviction((, the court shall order that after any applicable period of suspension, revocation, or denial of driving privileges, the person may drive only a motor vehicle equipped with a functioning ignition interlock or other biological or technical device. The requirement to drive only a motor vehicle equipped with a functioning ignition interlock or other biological or technical device may not be suspended)).

              (b) The ((court)) department may waive the requirement for the use of such a device if ((the court makes a specific finding in writing)) it concludes that such devices are not reasonably available in the local area. Nothing in this section may be interpreted as entitling a person to more than one deferred prosecution.

              (3) In the case of a person under subsection (1) of this section, the court shall establish a specific calibration setting at which the ignition interlock or other biological or technical device will prevent the motor vehicle from being started and the period of time that the person shall be subject to the restriction. In the case of a person under subsection (2) of this section, the ignition interlock or other biological or technical device shall be calibrated to prevent the motor vehicle from being started when the breath sample provided has an alcohol concentration of 0.025 or more, and the period of time of the restriction will be as follows:

              (a) For a person (i) who is subject to RCW 46.61.5055 (1)(b), (2), or (3), or who is subject to a deferred prosecution program under chapter 10.05 RCW((,)); and (ii) who has not previously been restricted under this section, a period of ((not less than)) one year;

              (b) For a person who has previously been restricted under (a) of this subsection, a period of ((not less than)) five years;

              (c) For a person who has previously been restricted under (b) of this subsection, a period of ((not less than)) ten years.

              For purposes of this section, "convicted" means being found guilty of an offense or being placed on a deferred prosecution program under chapter 10.05 RCW.


              Sec. 2. RCW 46.20.311 and 2001 c 325 s 2 are each amended to read as follows:

              (1)(a) The department shall not suspend a driver's license or privilege to drive a motor vehicle on the public highways for a fixed period of more than one year, except as specifically permitted under RCW 46.20.267, 46.20.342, or other provision of law. Except for a suspension under RCW 46.20.267, 46.20.289, 46.20.291(5), 46.61.740, or 74.20A.320, whenever the license or driving privilege of any person is suspended by reason of a conviction, a finding that a traffic infraction has been committed, pursuant to chapter 46.29 RCW, or pursuant to RCW 46.20.291 or 46.20.308, the suspension shall remain in effect until the person gives and thereafter maintains proof of financial responsibility for the future as provided in chapter 46.29 RCW. If the suspension is the result of a violation of RCW 46.61.502 or 46.61.504, the department shall determine the person's eligibility for licensing based upon the reports provided by the alcoholism agency or probation department designated under RCW 46.61.5056 and shall deny reinstatement until enrollment and participation in an approved program has been established and the person is otherwise qualified. If the suspension is the result of a violation of RCW 46.61.502 or 46.61.504, and the person is required pursuant to RCW 46.20.720 to drive only a motor vehicle equipped with a functioning ignition interlock or other biological or technical device, the department shall determine the person's eligibility for licensing based upon written verification by a company doing business in the state that it has installed the required device on a vehicle owned and/or operated by the person seeking reinstatement. Whenever the license or driving privilege of any person is suspended as a result of certification of noncompliance with a child support order under chapter 74.20A RCW or a residential or visitation order, the suspension shall remain in effect until the person provides a release issued by the department of social and health services stating that the person is in compliance with the order.

              (b)(i) The department shall not issue to the person a new, duplicate, or renewal license until the person pays a reissue fee of twenty dollars.

              (ii) If the suspension is the result of a violation of RCW 46.61.502 or 46.61.504, or is the result of administrative action under RCW 46.20.308, the reissue fee shall be one hundred fifty dollars.

              (2)(a) Any person whose license or privilege to drive a motor vehicle on the public highways has been revoked, unless the revocation was for a cause which has been removed, is not entitled to have the license or privilege renewed or restored until: (i) After the expiration of one year from the date the license or privilege to drive was revoked; (ii) after the expiration of the applicable revocation period provided by RCW 46.20.3101 or 46.61.5055; (iii) after the expiration of two years for persons convicted of vehicular homicide; or (iv) after the expiration of the applicable revocation period provided by RCW 46.20.265.

              (b)(i) After the expiration of the appropriate period, the person may make application for a new license as provided by law together with a reissue fee in the amount of twenty dollars.

              (ii) If the revocation is the result of a violation of RCW 46.20.308, 46.61.502, or 46.61.504, the reissue fee shall be one hundred fifty dollars. If the revocation is the result of a violation of RCW 46.61.502 or 46.61.504, the department shall determine the person's eligibility for licensing based upon the reports provided by the alcoholism agency or probation department designated under RCW 46.61.5056 and shall deny reissuance of a license, permit, or privilege to drive until enrollment and participation in an approved program has been established and the person is otherwise qualified. If the revocation is the result of a violation of RCW 46.61.502 or 46.61.504, and the person is required pursuant to RCW 46.20.720 to drive only a motor vehicle equipped with a functioning ignition interlock or other biological or technical device, the department shall determine the person's eligibility for licensing based upon written verification by a company doing business in the state that it has installed the required device on a vehicle owned and/or operated by the person applying for a new license.

              (c) Except for a revocation under RCW 46.20.265, the department shall not then issue a new license unless it is satisfied after investigation of the driving ability of the person that it will be safe to grant the privilege of driving a motor vehicle on the public highways, and until the person gives and thereafter maintains proof of financial responsibility for the future as provided in chapter 46.29 RCW. For a revocation under RCW 46.20.265, the department shall not issue a new license unless it is satisfied after investigation of the driving ability of the person that it will be safe to grant that person the privilege of driving a motor vehicle on the public highways.

              (3)(a) Whenever the driver's license of any person is suspended pursuant to Article IV of the nonresident violators compact or RCW 46.23.020 or 46.20.289 or 46.20.291(5), the department shall not issue to the person any new or renewal license until the person pays a reissue fee of twenty dollars.

              (b) If the suspension is the result of a violation of the laws of this or any other state, province, or other jurisdiction involving (i) the operation or physical control of a motor vehicle upon the public highways while under the influence of intoxicating liquor or drugs, or (ii) the refusal to submit to a chemical test of the driver's blood alcohol content, the reissue fee shall be one hundred fifty dollars."

 

Signed by Representatives Lantz, Chairman; Moeller, Vice Chairman; Carrell, Ranking Minority Member; McMahan, Assistant Ranking Minority Member; Campbell; Flannigan; Kirby; Lovick and Newhouse.


             Passed to Committee on Rules for second reading.

April 3, 2003

SSB 5133          Prime Sponsor, Senate Committee On Children & Family Services & Corrections: Adopting the revised interstate compact for juveniles. Reported by Committee on Juvenile Justice & Family Law

 

MAJORITY recommendation: Do pass as amended.


              On page 15, line 10, after "compact." insert "The governor shall designate the compact administrator from a list of six individuals, three of whom are recommended by the Washington association of juvenile court administrators and three of whom are recommended by the juvenile rehabilitation administration of the department of social and health services."


              On page 15, beginning on line 11, after "governor" strike all material through "section" on line 13

 

Signed by Representatives Dickerson, Chairman; Pettigrew, Vice Chairman; Delvin, Ranking Minority Member; Eickmeyer; Hinkle and Upthegrove.

 

MINORITY recommendation: Do not pass. Signed by Representatives Carrell.


             Passed to Committee on Rules for second reading.

April 4, 2003

E2SSB 5135     Prime Sponsor, Senate Committee On Ways & Means: Creating tuition surcharges. Reported by Committee on Higher Education

 

MAJORITY recommendation: Do pass as amended.


              Strike everything after the enacting clause and insert the following:


              "NEW SECTION. Sec. 1. A new section is added to chapter 28B.10 RCW to read as follows:

              (1) Each four-year institution of higher education and the state board for community and technical colleges shall develop policies that ensure undergraduate students enrolled in degree or certificate programs complete their programs in a timely manner in order to make the most efficient use of instructional resources and provide capacity within the institution for additional students.

              (2) Policies adopted under this section shall address, but not be limited to, undergraduate students in the following circumstances:

              (a) Students who accumulate more than one hundred twenty-five percent of the number of credits required to complete their respective baccalaureate or associate degree or certificate programs;

              (b) Students who drop more than twenty-five percent of their course load before the grading period for the quarter or semester, which prevents efficient use of instructional resources; and

              (c) Students who remain on academic probation for more than one quarter or semester.

              (3) Policies adopted under this section may include assessment by the institution of a surcharge in addition to regular tuition and fees to be paid by a student for continued enrollment.


              NEW SECTION. Sec. 2. (1) Each public four-year institution of higher education and the state board for community and technical colleges shall report to the higher education coordinating board by January 30, 2004, on the policies developed under section 1 of this act. The report shall include baseline data on the number and characteristics of students affected by the policies. If the policies were adopted before the effective date of this section, the report shall describe the impact of the policies.

              (2) In the report, each four-year institution shall also describe policies developed and actions taken by the institution to eliminate barriers to timely completion of degree programs, including reducing the occasions where students cannot enroll in courses needed for their major due to overenrollment. The state board may select a sample of colleges to describe policies and actions to address course scheduling issues.

              (3) The higher education coordinating board shall summarize the reports from the institutions and the state board and make a report to the higher education committees of the legislature by March 1, 2004. The report prepared by the higher education coordinating board shall include recommendations for additional legislative action, including whether increased tuition and fees should be uniformly charged to students as an additional incentive for timely completion of degree and certificate programs."


              Correct the title.

 

Signed by Representatives Kenney, Chairman; Fromhold, Vice Chairman; Cox, Ranking Minority Member; Priest, Assistant Ranking Minority Member; Berkey; Boldt; Buck; Chase; Clements; Condotta; Gombosky; Jarrett; Lantz and McCoy.

 

MINORITY recommendation: Without recommendation. Signed by Representatives Morrell.


             Passed to Committee on Rules for second reading.

April 4, 2003

SSB 5144          Prime Sponsor, Senate Committee On Natural Resources, Energy & Water: Protecting forest land from exotic forest insects or diseases. Reported by Committee on Agriculture & Natural Resources

 

MAJORITY recommendation: Do pass as amended.


              Strike everything after the enacting clause and insert the following:


              "Sec. 1. RCW 76.06.010 and 1951 c 233 s 1 are each amended to read as follows:

              The legislature finds and declares that:

              (1) Forest insects and forest tree diseases which threaten the permanent timber production of the forested areas of the state of Washington are ((hereby declared to be)) a public nuisance.

              (2) Exotic forest insects or diseases, even in small numbers, can constitute serious threats to native forests. Native tree species may lack natural immunity. There are often no natural control agents such as diseases, predators, or parasites to limit populations of exotic forest insects or diseases. Exotic forest insects or diseases can also outcompete, displace, or destroy habitat of native species. It is in the public interest to identify, control, and eradicate outbreaks of exotic forest insects or diseases that threaten the diversity, abundance, and survivability of native forest trees and the environment.


              Sec. 2. RCW 76.06.020 and 2000 c 11 s 2 are each amended to read as follows:

              ((As used in)) The definitions in this section apply throughout this chapter((:)) unless the context clearly requires otherwise.

              (1) "Agent" means the recognized legal representative, representatives, agent, or agents for any owner((;)).

              (2) "Department" means the department of natural resources((;)).

              (3) "Owner" means and includes ((individuals, partnerships, corporations, and associations;)) persons or their agents.

              (4) "Timber land" means any land on which there is a sufficient number of trees, standing or down, to constitute, in the judgment of the department, a forest insect or forest disease breeding ground of a nature to constitute a menace, injurious and dangerous to permanent forest growth in the district under consideration.

              (5) "Commissioner" means the commissioner of public lands.

              (6) "Exotic" means not native to forest lands in Washington state.

              (7) "Forest land" means any land on which there are sufficient numbers and distribution of trees and associated species to, in the judgment of the department, contribute to the spread of forest insect or forest disease outbreaks that could be injurious to forest health.

              (8) "Forest health" means the condition of a forest being sound in ecological function, sustainable, resilient, and resistant to insects, diseases, fire, and other disturbance, and having the capacity to meet landowner objectives.

              (9) "Forest health emergency" means the introduction of, or an outbreak of, an exotic forest insect or disease that poses an imminent danger of damage to the environment by threatening the survivability of native tree species.

              (10) "Forest insect or disease" means a living stage of an insect, other invertebrate animal, or disease-causing organism or agent that can directly or indirectly injure or cause disease or damage in trees, or parts of trees, or in processed or manufactured wood, or other products of trees.

              (11) "Integrated pest management" means a strategy that uses various combinations of pest control methods, including biological, cultural, and chemical methods, in a compatible manner to achieve satisfactory control and ensure favorable economic and environmental consequences.

              (12) "Native" means having populated Washington's forested lands prior to European settlement.

              (13) "Outbreak" means a rapidly expanding population of insects or diseases with potential to spread.

              (14) "Person" means any individual, partnership, private, public, or municipal corporation, county, federal, state, or local governmental agency, tribes, or association of individuals of whatever nature.


              NEW SECTION. Sec. 3. A new section is added to chapter 76.06 RCW to read as follows:

              The department is authorized to contribute resources and expertise to assist the department of agriculture in control or eradication efforts authorized under chapter 17.24 RCW in order to protect forest lands of the state.

              If either the department of agriculture has not taken action under chapter 17.24 RCW or the commissioner finds that additional efforts are required to control or prevent an outbreak of an exotic forest insect or disease which has not become so habituated that it can no longer be eradicated and that poses an imminent danger of damage to the forested environment by threatening the diversity, abundance, and survivability of native tree species, or both, the commissioner may declare a forest health emergency.

              Upon declaration of a forest health emergency, the department must delineate the area at risk and determine the most appropriate integrated pest management methods to control the outbreak, in consultation with other interested agencies, affected tribes, and affected forest landowners. The department must notify affected forest landowners of its intent to conduct control operations.

              Upon declaration of a forest health emergency by the commissioner, the department is authorized to enter into agreements with forest landowners, companies, individuals, tribal entities, and federal, state, and local agencies to accomplish control of exotic forest insects or diseases on any affected forest lands using such funds as have been, or may be, made available.

              The department must proceed with the control of the exotic forest insects or diseases on affected nonfederal and nontribal forest lands with or without the cooperation of the owner. The department may reimburse cooperating forest landowners and agencies for actual cost of equipment, labor, and materials utilized in cooperative exotic forest insect or disease control projects, as agreed to by the department.

              A forest health emergency no longer exists when the department finds that the exotic forest insect or disease has been controlled or eradicated, that the imminent threat no longer exists, or that there is no longer good likelihood of effective control.

              Nothing under this chapter diminishes the authority and responsibility of the department of agriculture under chapter 17.24 RCW.


              Sec. 4. RCW 76.09.050 and 2002 c 121 s 1 are each amended to read as follows:

              (1) The board shall establish by rule which forest practices shall be included within each of the following classes:

              Class I: Minimal or specific forest practices that have no direct potential for damaging a public resource and that may be conducted without submitting an application or a notification except that when the regulating authority is transferred to a local governmental entity, those Class I forest practices that involve timber harvesting or road construction within "urban growth areas," designated pursuant to chapter 36.70A RCW, are processed as Class IV forest practices, but are not subject to environmental review under chapter 43.21C RCW;

              Class II: Forest practices which have a less than ordinary potential for damaging a public resource that may be conducted without submitting an application and may begin five calendar days, or such lesser time as the department may determine, after written notification by the operator, in the manner, content, and form as prescribed by the department, is received by the department. However, the work may not begin until all forest practice fees required under RCW 76.09.065 have been received by the department. Class II shall not include forest practices:

              (a) On lands platted after January 1, 1960, as provided in chapter 58.17 RCW or on lands that have or are being converted to another use;

              (b) Which require approvals under the provisions of the hydraulics act, RCW 77.55.100;

              (c) Within "shorelines of the state" as defined in RCW 90.58.030;

              (d) Excluded from Class II by the board; or

              (e) Including timber harvesting or road construction within "urban growth areas," designated pursuant to chapter 36.70A RCW, which are Class IV;

              Class III: Forest practices other than those contained in Class I, II, or IV. A Class III application must be approved or disapproved by the department within thirty calendar days from the date the department receives the application. However, the applicant may not begin work on that forest practice until all forest practice fees required under RCW 76.09.065 have been received by the department;

              Class IV: Forest practices other than those contained in Class I or II: (a) On lands platted after January 1, 1960, as provided in chapter 58.17 RCW, (b) on lands that have or are being converted to another use, (c) on lands which, pursuant to RCW 76.09.070 as now or hereafter amended, are not to be reforested because of the likelihood of future conversion to urban development, (d) involving timber harvesting or road construction on lands that are contained within "urban growth areas," designated pursuant to chapter 36.70A RCW, except where the forest landowner provides: (i) A written statement of intent signed by the forest landowner not to convert to a use other than commercial forest product operations for ten years, accompanied by either a written forest management plan acceptable to the department or documentation that the land is enrolled under the provisions of chapter 84.33 RCW; or (ii) a conversion option harvest plan approved by the local governmental entity and submitted to the department as part of the application, and/or (e) which have a potential for a substantial impact on the environment and therefore require an evaluation by the department as to whether or not a detailed statement must be prepared pursuant to the state environmental policy act, chapter 43.21C RCW. Such evaluation shall be made within ten days from the date the department receives the application: PROVIDED, That nothing herein shall be construed to prevent any local or regional governmental entity from determining that a detailed statement must be prepared for an action pursuant to a Class IV forest practice taken by that governmental entity concerning the land on which forest practices will be conducted. A Class IV application must be approved or disapproved by the department within thirty calendar days from the date the department receives the application, unless the department determines that a detailed statement must be made, in which case the application must be approved or disapproved by the department within sixty calendar days from the date the department receives the application, unless the commissioner of public lands, through the promulgation of a formal order, determines that the process cannot be completed within such period. However, the applicant may not begin work on that forest practice until all forest practice fees required under RCW 76.09.065 have been received by the department.

              Forest practices under Classes I, II, and III are exempt from the requirements for preparation of a detailed statement under the state environmental policy act.

              (2) Except for those forest practices being regulated by local governmental entities as provided elsewhere in this chapter, no Class II, Class III, or Class IV forest practice shall be commenced or continued after January 1, 1975, unless the department has received a notification with regard to a Class II forest practice or approved an application with regard to a Class III or Class IV forest practice containing all information required by RCW 76.09.060 as now or hereafter amended. However, in the event forest practices regulations necessary for the scheduled implementation of this chapter and RCW 90.48.420 have not been adopted in time to meet such schedules, the department shall have the authority to regulate forest practices and approve applications on such terms and conditions consistent with this chapter and RCW 90.48.420 and the purposes and policies of RCW 76.09.010 until applicable forest practices regulations are in effect.

              (3) Except for those forest practices being regulated by local governmental entities as provided elsewhere in this chapter, if a notification or application is delivered in person to the department by the operator or the operator's agent, the department shall immediately provide a dated receipt thereof. In all other cases, the department shall immediately mail a dated receipt to the operator.

              (4) Except for those forest practices being regulated by local governmental entities as provided elsewhere in this chapter, forest practices shall be conducted in accordance with the forest practices regulations, orders and directives as authorized by this chapter or the forest practices regulations, and the terms and conditions of any approved applications.

              (5) Except for those forest practices being regulated by local governmental entities as provided elsewhere in this chapter, the department of natural resources shall notify the applicant in writing of either its approval of the application or its disapproval of the application and the specific manner in which the application fails to comply with the provisions of this section or with the forest practices regulations. Except as provided otherwise in this section, if the department fails to either approve or disapprove an application or any portion thereof within the applicable time limit, the application shall be deemed approved and the operation may be commenced: PROVIDED, That this provision shall not apply to applications which are neither approved nor disapproved pursuant to the provisions of subsection (7) of this section: PROVIDED, FURTHER, That if seasonal field conditions prevent the department from being able to properly evaluate the application, the department may issue an approval conditional upon further review within sixty days: PROVIDED, FURTHER, That the department shall have until April 1, 1975, to approve or disapprove an application involving forest practices allowed to continue to April 1, 1975, under the provisions of subsection (2) of this section. Upon receipt of any notification or any satisfactorily completed application the department shall in any event no later than two business days after such receipt transmit a copy to the departments of ecology and fish and wildlife, and to the county, city, or town in whose jurisdiction the forest practice is to be commenced. Any comments by such agencies shall be directed to the department of natural resources.

              (6) For those forest practices regulated by the board and the department, if the county, city, or town believes that an application is inconsistent with this chapter, the forest practices regulations, or any local authority consistent with RCW 76.09.240 as now or hereafter amended, it may so notify the department and the applicant, specifying its objections.

              (7) For those forest practices regulated by the board and the department, the department shall not approve portions of applications to which a county, city, or town objects if:

              (a) The department receives written notice from the county, city, or town of such objections within fourteen business days from the time of transmittal of the application to the county, city, or town, or one day before the department acts on the application, whichever is later; and

              (b) The objections relate to lands either:

              (i) Platted after January 1, 1960, as provided in chapter 58.17 RCW; or

              (ii) On lands that have or are being converted to another use.

              The department shall either disapprove those portions of such application or appeal the county, city, or town objections to the appeals board. If the objections related to subparagraphs (b)(i) and (ii) of this subsection are based on local authority consistent with RCW 76.09.240 as now or hereafter amended, the department shall disapprove the application until such time as the county, city, or town consents to its approval or such disapproval is reversed on appeal. The applicant shall be a party to all department appeals of county, city, or town objections. Unless the county, city, or town either consents or has waived its rights under this subsection, the department shall not approve portions of an application affecting such lands until the minimum time for county, city, or town objections has expired.

              (8) For those forest practices regulated by the board and the department, in addition to any rights under the above paragraph, the county, city, or town may appeal any department approval of an application with respect to any lands within its jurisdiction. The appeals board may suspend the department's approval in whole or in part pending such appeal where there exists potential for immediate and material damage to a public resource.

              (9) For those forest practices regulated by the board and the department, appeals under this section shall be made to the appeals board in the manner and time provided in RCW 76.09.220(8). In such appeals there shall be no presumption of correctness of either the county, city, or town or the department position.

              (10) For those forest practices regulated by the board and the department, the department shall, within four business days notify the county, city, or town of all notifications, approvals, and disapprovals of an application affecting lands within the county, city, or town, except to the extent the county, city, or town has waived its right to such notice.

              (11) For those forest practices regulated by the board and the department, a county, city, or town may waive in whole or in part its rights under this section, and may withdraw or modify any such waiver, at any time by written notice to the department.

              (12) Notwithstanding subsections (2) through (5) of this section, forest practices applications or notifications are not required for exotic insect and disease control operations conducted in accordance with RCW 76.09.060(8) where eradication can reasonably be expected.


              Sec. 5. RCW 76.09.060 and 1997 c 290 s 3 and 1997 c 173 s 3 are each reenacted and amended to read as follows:

              The following shall apply to those forest practices administered and enforced by the department and for which the board shall promulgate regulations as provided in this chapter:

              (1) The department shall prescribe the form and contents of the notification and application. The forest practices rules shall specify by whom and under what conditions the notification and application shall be signed or otherwise certified as acceptable. The application or notification shall be delivered in person to the department, sent by first class mail to the department or electronically filed in a form defined by the department. The form for electronic filing shall be readily convertible to a paper copy, which shall be available to the public pursuant to chapter 42.17 RCW. The information required may include, but is not limited to:

              (a) Name and address of the forest landowner, timber owner, and operator;

              (b) Description of the proposed forest practice or practices to be conducted;

              (c) Legal description and tax parcel identification numbers of the land on which the forest practices are to be conducted;

              (d) Planimetric and topographic maps showing location and size of all lakes and streams and other public waters in and immediately adjacent to the operating area and showing all existing and proposed roads and major tractor roads;

              (e) Description of the silvicultural, harvesting, or other forest practice methods to be used, including the type of equipment to be used and materials to be applied;

              (f) Proposed plan for reforestation and for any revegetation necessary to reduce erosion potential from roadsides and yarding roads, as required by the forest practices rules;

              (g) Soil, geological, and hydrological data with respect to forest practices;

              (h) The expected dates of commencement and completion of all forest practices specified in the application;

              (i) Provisions for continuing maintenance of roads and other construction or other measures necessary to afford protection to public resources;

              (j) An affirmation that the statements contained in the notification or application are true; and

              (k) All necessary application or notification fees.

              (2) Long range plans may be submitted to the department for review and consultation.

              (3) The application for a forest practice or the notification of a Class II forest practice is subject to the three-year reforestation requirement.

              (a) If the application states that any such land will be or is intended to be so converted:

              (i) The reforestation requirements of this chapter and of the forest practices rules shall not apply if the land is in fact so converted unless applicable alternatives or limitations are provided in forest practices rules issued under RCW 76.09.070 as now or hereafter amended;

              (ii) Completion of such forest practice operations shall be deemed conversion of the lands to another use for purposes of chapters 84.33 and 84.34 RCW unless the conversion is to a use permitted under a current use tax agreement permitted under chapter 84.34 RCW;

              (iii) The forest practices described in the application are subject to applicable county, city, town, and regional governmental authority permitted under RCW 76.09.240 as now or hereafter amended as well as the forest practices rules.

              (b) Except as provided elsewhere in this section, if the application or notification does not state that any land covered by the application or notification will be or is intended to be so converted:

              (i) For six years after the date of the application the county, city, town, and regional governmental entities shall deny any or all applications for permits or approvals, including building permits and subdivision approvals, relating to nonforestry uses of land subject to the application;

              (A) The department shall submit to the local governmental entity a copy of the statement of a forest landowner's intention not to convert which shall represent a recognition by the landowner that the six-year moratorium shall be imposed and shall preclude the landowner's ability to obtain development permits while the moratorium is in place. This statement shall be filed by the local governmental entity with the county recording officer, who shall record the documents as provided in chapter 65.04 RCW, except that lands designated as forest lands of long-term commercial significance under chapter 36.70A RCW shall not be recorded due to the low likelihood of conversion. Not recording the statement of a forest landowner's conversion intention shall not be construed to mean the moratorium is not in effect.

              (B) The department shall collect the recording fee and reimburse the local governmental entity for the cost of recording the application.

              (C) When harvesting takes place without an application, the local governmental entity shall impose the six-year moratorium provided in (b)(i) of this subsection from the date the unpermitted harvesting was discovered by the department or the local governmental entity.

              (D) The local governmental entity shall develop a process for lifting the six-year moratorium, which shall include public notification, and procedures for appeals and public hearings.

              (E) The local governmental entity may develop an administrative process for lifting or waiving the six-year moratorium for the purposes of constructing a single-family residence or outbuildings, or both, on a legal lot and building site. Lifting or waiving of the six-year moratorium is subject to compliance with all local ordinances.

              (F) The six-year moratorium shall not be imposed on a forest practices application that contains a conversion option harvest plan approved by the local governmental entity unless the forest practice was not in compliance with the approved forest practice permit. Where not in compliance with the conversion option harvest plan, the six-year moratorium shall be imposed from the date the application was approved by the department or the local governmental entity;

              (ii) Failure to comply with the reforestation requirements contained in any final order or decision shall constitute a removal of designation under the provisions of RCW 84.33.140, and a change of use under the provisions of RCW 84.34.080, and, if applicable, shall subject such lands to the payments and/or penalties resulting from such removals or changes; and

              (iii) Conversion to a use other than commercial forest product operations within six years after approval of the forest practices without the consent of the county, city, or town shall constitute a violation of each of the county, municipal city, town, and regional authorities to which the forest practice operations would have been subject if the application had so stated.

              (c) The application or notification shall be signed by the forest landowner and accompanied by a statement signed by the forest landowner indicating his or her intent with respect to conversion and acknowledging that he or she is familiar with the effects of this subsection.

              (4) Whenever an approved application authorizes a forest practice which, because of soil condition, proximity to a water course or other unusual factor, has a potential for causing material damage to a public resource, as determined by the department, the applicant shall, when requested on the approved application, notify the department two days before the commencement of actual operations.

              (5) Before the operator commences any forest practice in a manner or to an extent significantly different from that described in a previously approved application or notification, there shall be submitted to the department a new application or notification form in the manner set forth in this section.

              (6) Except as provided in RCW 76.09.350(4), the notification to or the approval given by the department to an application to conduct a forest practice shall be effective for a term of two years from the date of approval or notification and shall not be renewed unless a new application is filed and approved or a new notification has been filed. At the option of the applicant, an application or notification may be submitted to cover a single forest practice or a number of forest practices within reasonable geographic or political boundaries as specified by the department. An application or notification that covers more than one forest practice may have an effective term of more than two years. The board shall adopt rules that establish standards and procedures for approving an application or notification that has an effective term of more than two years. Such rules shall include extended time periods for application or notification approval or disapproval. On an approved application with a term of more than two years, the applicant shall inform the department before commencing operations.

              (7) Notwithstanding any other provision of this section, no prior application or notification shall be required for any emergency forest practice necessitated by fire, flood, windstorm, earthquake, or other emergency as defined by the board, but the operator shall submit an application or notification, whichever is applicable, to the department within forty-eight hours after commencement of such practice or as required by local regulations.

              (8) Forest practices applications or notifications are not required for forest practices conducted to control exotic forest insect or disease outbreaks, when conducted by or under the direction of the department of agriculture in carrying out an order of the governor or director of the department of agriculture to implement pest control measures as authorized under chapter 17.24 RCW, and are not required when conducted by or under the direction of the department in carrying out emergency measures under a forest health emergency declaration by the commissioner of public lands as provided in section 3 of this act.

              (a) For the purposes of this subsection, exotic forest insect or disease has the same meaning as defined in RCW 76.06.020.

              (b) In order to minimize adverse impacts to public resources, control measures must be based on integrated pest management, as defined in RCW 17.15.010, and must follow forest practices rules relating to road construction and maintenance, timber harvest, and forest chemicals, to the extent possible without compromising control objectives.

              (c) Agencies conducting or directing control efforts must provide advance notice to the appropriate regulatory staff of the department of the operations that would be subject to exemption from forest practices application or notification requirements.

              (d) When the appropriate regulatory staff of the department are notified under (c) of this subsection, they must consult with the landowner, interested agencies, and affected tribes, and assist the notifying agencies in the development of integrated pest management plans that comply with forest practices rules as required under (b) of this subsection.

              (e) Nothing under this subsection relieves agencies conducting or directing control efforts from requirements of the federal clean water act as administered by the department of ecology under RCW 90.48.260.

              (f) Forest lands where trees have been cut as part of an exotic forest insect or disease control effort under this subsection are subject to reforestation requirements under RCW 76.09.070.

              (g) The exemption from obtaining approved forest practices applications or notifications does not apply to forest practices conducted after the governor, the director of the department of agriculture, or the commissioner of public lands have declared that an emergency no longer exists because control objectives have been met, that there is no longer an imminent threat, or that there is no longer a good likelihood of control.


              Sec. 6. RCW 17.24.171 and 1991 c 257 s 21 are each amended to read as follows:

              (1) If the director determines that there exists an imminent danger of an infestation of plant pests or plant diseases that seriously endangers the agricultural or horticultural industries of the state, or that seriously threatens life, health, ((or)) economic well-being, or the environment, the director shall request the governor to order emergency measures to control the pests or plant diseases under RCW 43.06.010(((14))) (13). The director's findings shall contain an evaluation of the affect of the emergency measures on public health.

              (2) If an emergency is declared pursuant to RCW 43.06.010(((14))) (13), the director may appoint a committee to advise the governor through the director and to review emergency measures necessary under the authority of RCW 43.06.010(((14))) (13) and this section and make subsequent recommendations to the governor. The committee shall include representatives of the agricultural industries, state and local government, public health interests, technical service providers, and environmental organizations.

              (3) Upon the order of the governor of the use of emergency measures, the director is authorized to implement the emergency measures to prevent, control, or eradicate plant pests or plant diseases that are the subject of the emergency order. Such measures, after thorough evaluation of all other alternatives, may include the aerial application of pesticides.

              (4) Upon the order of the governor of the use of emergency measures, the director is authorized to enter into agreements with individuals ((or)), companies, or ((both)) agencies, to accomplish the prevention, control, or eradication of plant pests or plant diseases, notwithstanding the provisions of chapter 15.58 or 17.21 RCW, or any other statute.

              (5) The director shall continually evaluate the emergency measures taken and report to the governor at intervals of not less than ten days. The director shall immediately advise the governor if he or she finds that the emergency no longer exists or if certain emergency measures should be discontinued."


              Correct the title.

 

Signed by Representatives Linville, Chairman; Rockefeller, Vice Chairman; Schoesler, Ranking Minority Member; Kristiansen, Assistant Ranking Minority Member; Eickmeyer; Grant; Hunt; McDermott; Orcutt and Quall.

 

MINORITY recommendation: Do not pass. Signed by Representatives Holmquist, Assistant Ranking Minority Member; Chandler and Sump.


             Passed to Committee on Rules for second reading.

April 4, 2003

SSB 5145          Prime Sponsor, Senate Committee On Natural Resources, Energy & Water: Concerning withdrawals of public ground waters. Reported by Committee on Agriculture & Natural Resources

 

MAJORITY recommendation: Do pass as amended.


              Strike everything after the enacting clause and insert the following:


              "NEW SECTION. Sec. 1. A new section is added to chapter 90.44 RCW to read as follows:

              The use of public ground water for single or group domestic use under the exemption from water right permit requirements provided by RCW 90.44.050 should be clarified with regard to the number of residences that may be provided water in a single development under the exemption."


              Correct the title.

 

Signed by Representatives Linville, Chairman; Rockefeller, Vice Chairman; Eickmeyer; Grant; Hunt; McDermott and Quall.

 

MINORITY recommendation: Do not pass. Signed by Representatives Schoesler, Ranking Minority Member; Holmquist, Assistant Ranking Minority Member; Chandler; Kristiansen; Orcutt and Sump.


             Passed to Committee on Rules for second reading.

April 2, 2003

SSB 5165          Prime Sponsor, Senate Committee On Judiciary: Regulating vehicular pursuit. Reported by Committee on Criminal Justice & Corrections

 

MAJORITY recommendation: Do pass. Signed by Representatives O'Brien, Chairman; Darneille, Vice Chairman; Mielke, Ranking Minority Member; Ahern, Assistant Ranking Minority Member; Kagi; Lovick and Pearson.


             Passed to Committee on Rules for second reading.

 

SB 5175            Prime Sponsor, Senator Doumit: Increasing the monthly pensions for volunteer fire fighters and reserve officers. Reported by Committee on Criminal Justice & Corrections

 

MAJORITY recommendation: Do pass. Signed by Representatives O'Brien, Chairman; Darneille, Vice Chairman; Mielke, Ranking Minority Member; Ahern, Assistant Ranking Minority Member; Kagi; Lovick and Pearson.


             Passed to Committee on Rules for second reading.

April 3, 2003

SB 5176            Prime Sponsor, Senator Roach: Providing wildland fire fighting training. Reported by Committee on State Government

 

MAJORITY recommendation: Do pass as amended.


              On page 2, line 25, after "state." insert "Wildland training reimbursement will be provided if a fire protection district or a city fire department has and is fulfilling their interior attack policy or if they do not have an interior attack policy."

 

Signed by Representatives Haigh, Chairman; Miloscia, Vice Chairman; Armstrong, Ranking Minority Member; Shabro, Assistant Ranking Minority Member; Hunt; McDermott; Nixon; Tom and Wallace.


             Referred to Committee on Appropriations.

April 3, 2003

ESSB 5178       Prime Sponsor, Senate Committee On Commerce & Trade: Creating the legislative international trade account. Reported by Committee on Trade & Economic Development

 

MAJORITY recommendation: Do pass as amended.


              On page 1, line 10, after "senate" insert "and the secretary of state"


              On page 1, line 16, after "senate" strike "and" and insert ","


              On page 1, line 16, after "representatives" insert ", and the secretary of state"

 

Signed by Representatives Veloria, Chairman; Eickmeyer, Vice Chairman; Skinner, Ranking Minority Member; McDonald, Assistant Ranking Minority Member; Blake; Chase; Condotta; Kristiansen; McCoy; Pettigrew and Priest.


             Referred to Committee on Appropriations.

April 4, 2003

SSB 5189          Prime Sponsor, Senate Committee On Higher Education: Waiving tuition and fees for veterans of the Korean conflict. Reported by Committee on Higher Education

 

MAJORITY recommendation: Do pass. Signed by Representatives Kenney, Chairman; Fromhold, Vice Chairman; Cox, Ranking Minority Member; Priest, Assistant Ranking Minority Member; Berkey; Boldt; Buck; Chase; Clements; Condotta; Gombosky; Jarrett; Lantz; McCoy and Morrell.


             Passed to Committee on Rules for second reading.

April 4, 2003

ESSB 5192       Prime Sponsor, Senate Committee On Financial Services, Insurance & Housing: Managing the state's investments. Reported by Committee on Financial Institutions & Insurance

 

MAJORITY recommendation: Do pass as amended.


              Strike everything after the enacting clause and insert the following:


                            "NEW SECTION. Sec. 1. The outlook for the state's pension system is dramatically affected by the performance of the state investment board. The recent performance of all pension funds throughout the country has resulted in a greater attention to investment decisions.

              The legislature has determined that additional fiduciary roles and responsibilities are appropriate for members of the investment board who are, solely in their board capacity, fiduciary trustees for fund beneficiaries.

              The legislature also finds that an examination of in-state investment opportunities within the context of the state investment board's overall investment strategy for diversification and maximizing returns is an appropriate role of the state investment board.


              NEW SECTION. Sec. 2. (1) Members of the state investment board, solely when acting in their board capacity, shall discharge their fiduciary duty to invest and to manage public and retirement funds with the highest standard of professional conduct for the exclusive benefit of fund beneficiaries. Consistent with this responsibility the board's investments are made in accordance with RCW 43.33A.110 mandating investment aimed at maximizing return at a prudent level of risk, and RCW 43.33A.140 establishing duties of diversification and care. Subject to these standards, the board shall examine economically targeted investments in Washington as potential investments for funds managed by the board. Economically targeted investments shall be made in accordance with the board's asset allocation policies and included within existing asset categories while conforming to all of the laws, policies, and procedures governing the state investment board.

              (2) Subject to available resources, the board will establish a program to facilitate exchange of information between its private equity general partners and appropriate parties with knowledge of quality, economically targeted investment opportunities. This program will also include a clearinghouse function aimed at receiving information on potential economically targeted investments.

              (3) The state investment board will provide a report on activity relating to economically targeted investments at least annually. This report will be distributed to the members of the state investment board, organizations representing board beneficiaries, the legislature, and the governor and may be included in the report provided for in RCW 43.33A.150.

              (4) As used in this section, "economically targeted investments" means investments having the primary objective of investment return to funds managed by the board and the collateral objective of assisting the regional economy and the economic well-being of the state of Washington, its localities, and residents.


              Sec. 3. RCW 43.33A.020 and 2002 c 303 s 1 are each amended to read as follows:

              There is hereby created the state investment board to consist of fifteen members to be appointed as provided in this section.

              (((1) One member who is an active member of the public employees' retirement system and has been an active member for at least five years. This member shall be appointed by the governor, subject to confirmation by the senate, from a list of nominations submitted by organizations representing active members of the system. The initial term of appointment shall be one year.

              (2) One member who is an active member of the law enforcement officers' and fire fighters' retirement system and has been an active member for at least five years. This member shall be appointed by the governor, subject to confirmation by the senate, from a list of nominations submitted by organizations representing active members of the system. The initial term of appointment shall be two years.

              (3) One member who is an active member of the teachers' retirement system and has been an active member for at least five years. This member shall be appointed by the superintendent of public instruction subject to confirmation by the senate. The initial term of appointment shall be three years.

              (4) The state treasurer or the assistant state treasurer if designated by the state treasurer.

              (5) A member of the state house of representatives. This member shall be appointed by the speaker of the house of representatives.

              (6) A member of the state senate. This member shall be appointed by the president of the senate.

              (7) One member who is a retired member of a state retirement system shall be appointed by the governor, subject to confirmation by the senate. The initial term of appointment shall be three years.

              (8) The director of the department of labor and industries.

              (9) The director of the department of retirement systems.

              (10) One member who is an active member of the school employees' retirement system and has at least five years of service credit. This member shall be appointed by the superintendent of public instruction subject to confirmation by the senate. The initial term of appointment shall be three years.

              (11) Five nonvoting members appointed by the state investment board who are considered experienced and qualified in the field of investments.

              The legislative members shall serve terms of two years. The initial legislative members appointed to the board shall be appointed no sooner than January 10, 1983. The position of a legislative member on the board shall become vacant at the end of that member's term on the board or whenever the member ceases to be a member of the senate or house of representatives from which the member was appointed.

              After the initial term of appointment, all other members of the state investment board, except ex officio members, shall serve terms of three years and shall hold office until successors are appointed. Members' terms, except for ex officio members, shall commence on January 1 of the year in which the appointments are made.

              Members may be reappointed for additional terms. Appointments for vacancies shall be made for the unexpired terms in the same manner as the original appointments. Any member may be removed from the board for cause by the member's respective appointing authority.))

              (1) The state treasurer or his or her designee is a member of the state investment board and serves as a fiduciary trustee. As a board member, the state treasurer serves as one of the five members of the audit committee. As a fiduciary trustee, this member will use his or her expertise in financial markets to assist the investment review process for the state investment board and will also assist in identifying economically targeted investment opportunities that conform to the requirements of section 2 of this act.

              (2) One member of the state investment board is an active member of the public employees' retirement system and has been an active member for at least five years. This member is appointed by the governor, subject to confirmation by the senate, from a list of nominations submitted by organizations representing active members of the system and serves as a fiduciary trustee. As a fiduciary trustee, this member will use his or her position as a representative of pension fund beneficiaries to work with state investment board staff to participate in an outreach program to the public employees' retirement system beneficiaries. This member will also assist in identifying issues relevant to public employees for which the state investment board is accountable, and will report to the board on such issues as necessary.

              (3) One member of the state investment board is an active member of the law enforcement officers' and fire fighters' retirement system and has been an active member for at least five years. This member is appointed by the governor, subject to confirmation by the senate, from a list of nominations submitted by organizations representing active members of the system and serves as a fiduciary trustee. As a fiduciary trustee, this member will use his or her position as a representative of pension fund beneficiaries to work with state investment board staff to participate in an outreach program to the law enforcement officers' and fire fighters' retirement system beneficiaries. This member will also assist in identifying issues relevant to public employees for which the state investment board is accountable, and will report to the board on such issues as necessary.

              (4) One member of the state investment board is an active member of the teachers' retirement system and has been an active member for at least five years. This member is appointed by the superintendent of public instruction subject to confirmation by the senate and serves as a fiduciary trustee. As a fiduciary trustee, this member will use his or her position as a representative of pension fund beneficiaries to work with state investment board staff to participate in an outreach program to the teachers' retirement system beneficiaries. This member will also assist in identifying issues relevant to public employees for which the state investment board is accountable, and will report to the board on such issues as necessary.

              (5) One member of the state investment board is an active member of the school employees' retirement system and has at least five years of service credit. This member is appointed by the superintendent of public instruction subject to confirmation by the senate and serves as a fiduciary trustee. As a fiduciary trustee, this member will use his or her position as a representative of pension fund beneficiaries to work with state investment board staff to participate in an outreach program to the school employees' retirement system beneficiaries. This member will also assist in identifying issues relevant to public employees for which the state investment board is accountable, and will report to the board on such issues as necessary.

              (6) One member of the state investment board is a retired member of a state retirement system and is appointed by the governor subject to confirmation by the senate and serves as a fiduciary trustee. As a fiduciary trustee, this member will use his or her position as a representative of pension fund beneficiaries to work with state investment board staff to participate in an outreach program to retired beneficiaries. This member will also assist in identifying issues relevant to public employee retirees for which the state investment board is accountable, and will report to the board on such issues as necessary.


              (7) The director of labor and industries is a member of the state investment board, and serves as a fiduciary trustee. As a fiduciary trustee, this member will work with state investment board staff to implement a process for reporting state investment board earnings and investment objectives to those businesses and labor organizations in Washington state that provide the funding for the programs administered by the department of labor and industries which are supported by state investment board earnings.

              (8) The director of retirement systems is a member of the state investment board and serves as a fiduciary trustee. As a fiduciary trustee, this member will implement a process of reporting state investment board earnings to the constituents of the retirement systems.

              (9) One member of the state investment board is a member of the state house of representatives and serves as a fiduciary trustee. This member is appointed by the speaker of the house of representatives. As a fiduciary trustee, this member is responsible for reporting to the relevant committees in the house of representatives on the status of the funds for which the state investment board is responsible and accountable.

              (10) One member of the state investment board is a member of the state senate and serves as a fiduciary trustee. This member is appointed by the president of the senate. As a fiduciary trustee, this member is responsible for reporting to the relevant committees in the senate on the status of the funds for which the state investment board is responsible and accountable.

              (11) Expertise in investment decisions is sought by the inclusion of five nonvoting members appointed by the state investment board after nomination by the audit committee, who are considered experienced and qualified in the field of investments. At least one of the nonvoting members must have experience in investing in companies, funds, or other investments that are located in, have a substantial employment base in, or make a significant economic contribution to, Washington state.

              (12) All members of the state investment board, except nonvoting members, legislative members, and members serving by virtue of the position they hold, serve terms of three years and hold office until successors are appointed. Members' terms, except for nonvoting members, commence on January 1st of the year in which the appointments are made.

              Members may be reappointed for additional terms. Appointments for vacancies are made for the unexpired terms in the same manner as the original appointments. Any voting member may be removed from the state investment board for cause by the member's respective appointing authority.

              The five nonvoting members are appointed by the state investment board for a two-year term and may be appointed for additional terms. Nonvoting members may be removed by the board for cause.

              The legislative members serve terms of two years. The position of a legislative member on the state investment board becomes vacant at the end of that member's term on the state investment board or whenever the member ceases to be a member of the senate or house of representatives from which the member was appointed.


              NEW SECTION. Sec. 4. There is hereby created an audit committee of the state investment board consisting of not more than five voting members of the board. The audit committee provides oversight of audit activities, develops and monitors the code of conduct for the board, and also deals with corporate governance policies and issues. The audit committee members are appointed by the state investment board chairperson. At least one member of the audit committee shall be a representative of one of the retirement system beneficiaries.


              NEW SECTION. Sec. 5. Sections 2 and 4 of this act are each added to chapter 43.33A RCW."

 

              Correct the title.

 

Signed by Representatives Schual-Berke, Chairman; Newhouse, Assistant Ranking Minority Member; Cairnes; Carrell; Hatfield; Hunter; Roach and Santos.

 

MINORITY recommendation: Without recommendation. Signed by Representatives Simpson, Vice Chairman; Benson, Ranking Minority Member; Cooper.


             Referred to Committee on Appropriations.

April 3, 2003

SSB 5221          Prime Sponsor, Senate Committee On Government Operations & Elections: Reorganizing election laws. Reported by Committee on State Government

 

MAJORITY recommendation: Do pass. Signed by Representatives Haigh, Chairman; Miloscia, Vice Chairman; Armstrong, Ranking Minority Member; Shabro, Assistant Ranking Minority Member; Hunt; McDermott; Nixon; Tom and Wallace.


             Passed to Committee on Rules for second reading.

April 2, 2003

ESSB 5229       Prime Sponsor, Senate Committee On Highways & Transportation: Separating training for two and three-wheeled motorcycles. Reported by Committee on Transportation

 

MAJORITY recommendation: Do pass. Signed by Representatives Murray, Chairman; Rockefeller, Vice Chairman; Ericksen, Ranking Minority Member; Jarrett, Assistant Ranking Minority Member; Anderson; Bailey; Campbell; Clibborn; Cooper; Dickerson; Edwards; Flannigan; Hankins; Hatfield; Hudgins; Kristiansen; Lovick; Mielke; Morris; Nixon; Romero; Shabro; Simpson; Sullivan; Wallace; Wood and Woods.

 

MINORITY recommendation: Do not pass. Signed by Representatives Armstrong and Schindler.


             Passed to Committee on Rules for second reading.

April 4, 2003

SSB 5235          Prime Sponsor, Senate Committee On Natural Resources, Energy & Water: Exempting certain forest practices from the environmental impact statement requirements of chapter 43.21C RCW. Reported by Committee on Agriculture & Natural Resources

 

MAJORITY recommendation: Do pass as amended.


              Strike everything after the enacting clause and insert the following:


              "Sec. 1. RCW 76.09.220 and 1999 sp.s. c 4 s 902 are each amended to read as follows:

              (1) The appeals board shall operate on either a part-time or a full-time basis, as determined by the governor. If it is determined that the appeals board shall operate on a full-time basis, each member shall receive an annual salary to be determined by the governor. If it is determined that the appeals board shall operate on a part-time basis, each member shall be compensated in accordance with RCW 43.03.250. The director of the environmental hearings office shall make the determination, required under RCW 43.03.250, as to what statutorily prescribed duties, in addition to attendance at a hearing or meeting of the board, shall merit compensation. This compensation shall not exceed ten thousand dollars in a fiscal year. Each member shall receive reimbursement for travel expenses incurred in the discharge of his or her duties in accordance with the provisions of RCW 43.03.050 and 43.03.060.

              (2) The appeals board shall as soon as practicable after the initial appointment of the members thereof, meet and elect from among its members a chair, and shall at least biennially thereafter meet and elect or reelect a chair.

              (3) The principal office of the appeals board shall be at the state capital, but it may sit or hold hearings at any other place in the state. A majority of the appeals board shall constitute a quorum for making orders or decisions, adopting rules necessary for the conduct of its powers and duties, or transacting other official business, and may act though one position on the board ((be)) is vacant. One or more members may hold hearings and take testimony to be reported for action by the board when authorized by rule or order of the board. The appeals board shall perform all the powers and duties granted to it in this chapter or as otherwise provided by law.

              (4) The appeals board shall make findings of fact and prepare a written decision in each case decided by it, and such findings and decision shall be effective upon being signed by two or more members and upon being filed at the appeals board's principal office, and shall be open to public inspection at all reasonable times.

              (5) The appeals board shall either publish at its expense or make arrangements with a publishing firm for the publication of those of its findings and decisions which are of general public interest, in such form as to assure reasonable distribution thereof.

              (6) The appeals board shall maintain at its principal office a journal which shall contain all official actions of the appeals board, with the exception of findings and decisions, together with the vote of each member on such actions. The journal shall be available for public inspection at the principal office of the appeals board at all reasonable times.

              (7) The forest practices appeals board shall have exclusive jurisdiction to hear appeals arising from:

              (a) An action or determination by the department, and the department of fish and wildlife, and the department of ecology with respect to management plans provided for under RCW 76.09.350; and

              (b) A procedural determination of significance or nonsignificance by the department, pursuant to chapter 43.21C RCW, when the environmental review procedures of chapter 43.21C RCW are triggered by a sale of state timber that is to be harvested by either a class I, II, or III forest practice, as those terms are defined in RCW 76.09.050. When hearing an appeal under this subsection (7)(b), the board shall consolidate the hearing with any other appeals arising from the department's decision to make the particular track of timber available for public sale.

              (8)(a) Any person aggrieved by the approval or disapproval of an application to conduct a forest practice ((or)), the approval or disapproval of any landscape plan ((or)), permit, or watershed analysis, or any procedural determination made by the department consistent with subsection (7)(b) of this section, may seek review from the appeals board by filing a request for the same within thirty days of the approval or disapproval. Concurrently with the filing of any request for review with the board as provided in this section, the requestor shall file a copy of his or her request with the department and the attorney general. The attorney general may intervene to protect the public interest and ensure that the provisions of this chapter are complied with.

              (b) The review proceedings authorized in (a) of this subsection are subject to the provisions of chapter 34.05 RCW pertaining to procedures in adjudicative proceedings.


              Sec. 2. RCW 43.21C.075 and 1997 c 429 s 49 are each amended to read as follows:

              (1) Because a major purpose of this chapter is to combine environmental considerations with public decisions, any appeal brought under this chapter shall be linked to a specific governmental action. The state environmental policy act provides a basis for challenging whether governmental action is in compliance with the substantive and procedural provisions of this chapter. The state environmental policy act is not intended to create a cause of action unrelated to a specific governmental action.

              (2) Unless otherwise provided by this section:

              (a) Appeals under this chapter shall be of the governmental action together with its accompanying environmental determinations.

              (b) Appeals of environmental determinations made (or lacking) under this chapter shall be commenced within the time required to appeal the governmental action which is subject to environmental review.

              (3) If an agency has a procedure for appeals of agency environmental determinations made under this chapter, such procedure:

              (a) Shall allow no more than one agency appeal proceeding on each procedural determination (the adequacy of a determination of significance/nonsignificance or of a final environmental impact statement);

              (b) Shall consolidate an appeal of procedural issues and of substantive determinations made under this chapter (such as a decision to require particular mitigation measures or to deny a proposal) with a hearing or appeal on the underlying governmental action by providing for a single simultaneous hearing before one hearing officer or body to consider the agency decision or recommendation on a proposal and any environmental determinations made under this chapter, with the exception of:

              (i) An appeal of a determination of significance;

              (ii) An appeal of a procedural determination made by an agency when the agency is a project proponent, or is funding a project, and chooses to conduct its review under this chapter, including any appeals of its procedural determinations, prior to submitting an application for a project permit;

              (iii) An appeal of a procedural determination made by an agency on a nonproject action; or

              (iv) An appeal to the local legislative authority under RCW 43.21C.060 or other applicable state statutes;

              (c) Shall provide for the preparation of a record for use in any subsequent appeal proceedings, and shall provide for any subsequent appeal proceedings to be conducted on the record, consistent with other applicable law. An adequate record consists of findings and conclusions, testimony under oath, and taped or written transcript. An electronically recorded transcript will suffice for purposes of review under this subsection; and

              (d) Shall provide that procedural determinations made by the responsible official shall be entitled to substantial weight.

              (4) If a person aggrieved by an agency action has the right to judicial appeal and if an agency has an administrative appeal procedure, such person shall, prior to seeking any judicial review, use such agency procedure if any such procedure is available, unless expressly provided otherwise by state statute.

              (5) If a decision by the board of natural resources to make a particular track of timber available for public sale leads to an appealable action under this chapter, then any appeal may only be heard by the forest practices appeals board consistent with RCW 76.09.220, and must be consolidated with any other appeals heard by the forest practices appeals board in connection with the particular timber sale. This subsection only applies to timber sales that are to be harvested under either a class I, II, or III forest practice, as those terms are defined in RCW 76.09.050.

              (6) Some statutes and ordinances contain time periods for challenging governmental actions which are subject to review under this chapter, such as various local land use approvals (the "underlying governmental action"). RCW 43.21C.080 establishes an optional "notice of action" procedure which, if used, imposes a time period for appealing decisions under this chapter. This subsection does not modify any such time periods. In this subsection, the term "appeal" refers to a judicial appeal only.

              (a) If there is a time period for appealing the underlying governmental action, appeals under this chapter shall be commenced within such time period. The agency shall give official notice stating the date and place for commencing an appeal.

              (b) If there is no time period for appealing the underlying governmental action, and a notice of action under RCW 43.21C.080 is used, appeals shall be commenced within the time period specified by RCW 43.21C.080.

              (((6))) (7)(a) Judicial review under subsection (((5))) (6) of this section of an appeal decision made by an agency under subsection (3) of this section shall be on the record, consistent with other applicable law.

              (b) A taped or written transcript may be used. If a taped transcript is to be reviewed, a record shall identify the location on the taped transcript of testimony and evidence to be reviewed. Parties are encouraged to designate only those portions of the testimony necessary to present the issues raised on review, but if a party alleges that a finding of fact is not supported by evidence, the party should include in the record all evidence relevant to the disputed finding. Any other party may designate additional portions of the taped transcript relating to issues raised on review. A party may provide a written transcript of portions of the testimony at the party's own expense or apply to that court for an order requiring the party seeking review to pay for additional portions of the written transcript.

              (c) Judicial review under this chapter shall without exception be of the governmental action together with its accompanying environmental determinations.

              (((7))) (8) Jurisdiction over the review of determinations under this chapter in an appeal before an agency or superior court shall upon consent of the parties be transferred in whole or part to the shorelines hearings board. The shorelines hearings board shall hear the matter and sign the final order expeditiously. The superior court shall certify the final order of the shorelines hearings board and the certified final order may only be appealed to an appellate court. In the case of an appeal under this chapter regarding a project or other matter that is also the subject of an appeal to the shorelines hearings board under chapter 90.58 RCW, the shorelines hearings board shall have sole jurisdiction over both the appeal under this section and the appeal under chapter 90.58 RCW, shall consider them together, and shall issue a final order within one hundred eighty days as provided in RCW 90.58.180.

              (((8))) (9) For purposes of this section and RCW 43.21C.080, the words "action", "decision", and "determination" mean substantive agency action including any accompanying procedural determinations under this chapter (except where the word "action" means "appeal" in RCW 43.21C.080(2)). The word "action" in this section and RCW 43.21C.080 does not mean a procedural determination by itself made under this chapter. The word "determination" includes any environmental document required by this chapter and state or local implementing rules. The word "agency" refers to any state or local unit of government. Except as provided in subsection (((5))) (6) of this section, the word "appeal" refers to administrative, legislative, or judicial appeals.

              (((9))) (10) The court in its discretion may award reasonable attorneys' fees of up to one thousand dollars in the aggregate to the prevailing party, including a governmental agency, on issues arising out of this chapter if the court makes specific findings that the legal position of a party is frivolous and without reasonable basis.


              NEW SECTION. Sec. 3. A new section is added to chapter 79.01 RCW to read as follows:

              The department shall not initiate the actual auction of any timber subject to an appeal under RCW 76.09.220(7)(b) until thirty days after the forest practices appeals board reaches its final ruling.


              Sec. 4. RCW 34.05.010 and 1997 c 126 s 2 are each amended to read as follows:

              The definitions set forth in this section shall apply throughout this chapter, unless the context clearly requires otherwise.

              (1) "Adjudicative proceeding" means a proceeding before an agency in which an opportunity for hearing before that agency is required by statute or constitutional right before or after the entry of an order by the agency. Adjudicative proceedings also include all cases of licensing and rate making in which an application for a license or rate change is denied except as limited by RCW 66.08.150, or a license is revoked, suspended, or modified, or in which the granting of an application is contested by a person having standing to contest under the law.

              (2) "Agency" means any state board, commission, department, institution of higher education, or officer, authorized by law to make rules or to conduct adjudicative proceedings, except those in the legislative or judicial branches, the governor, or the attorney general except to the extent otherwise required by law and any local governmental entity that may request the appointment of an administrative law judge under chapter 42.41 RCW.

              (3) "Agency action" means licensing, the implementation or enforcement of a statute, the adoption or application of an agency rule or order, the imposition of sanctions, or the granting or withholding of benefits.

              Except as provided in section 5 of this act, agency action does not include an agency decision regarding (a) contracting or procurement of goods, services, public works, and the purchase, lease, or acquisition by any other means, including eminent domain, of real estate, as well as all activities necessarily related to those functions, or (b) determinations as to the sufficiency of a showing of interest filed in support of a representation petition, or mediation or conciliation of labor disputes or arbitration of labor disputes under a collective bargaining law or similar statute, or (c) any sale, lease, contract, or other proprietary decision in the management of public lands or real property interests, or (d) the granting of a license, franchise, or permission for the use of trademarks, symbols, and similar property owned or controlled by the agency.

              (4) "Agency head" means the individual or body of individuals in whom the ultimate legal authority of the agency is vested by any provision of law. If the agency head is a body of individuals, a majority of those individuals constitutes the agency head.

              (5) "Entry" of an order means the signing of the order by all persons who are to sign the order, as an official act indicating that the order is to be effective.

              (6) "Filing" of a document that is required to be filed with an agency means delivery of the document to a place designated by the agency by rule for receipt of official documents, or in the absence of such designation, at the office of the agency head.

              (7) "Institutions of higher education" are the University of Washington, Washington State University, Central Washington University, Eastern Washington University, Western Washington University, The Evergreen State College, the various community colleges, and the governing boards of each of the above, and the various colleges, divisions, departments, or offices authorized by the governing board of the institution involved to act for the institution, all of which are sometimes referred to in this chapter as "institutions."

              (8) "Interpretive statement" means a written expression of the opinion of an agency, entitled an interpretive statement by the agency head or its designee, as to the meaning of a statute or other provision of law, of a court decision, or of an agency order.

              (9)(a) "License" means a franchise, permit, certification, approval, registration, charter, or similar form of authorization required by law, but does not include (i) a license required solely for revenue purposes, or (ii) a certification of an exclusive bargaining representative, or similar status, under a collective bargaining law or similar statute, or (iii) a license, franchise, or permission for use of trademarks, symbols, and similar property owned or controlled by the agency.

              (b) "Licensing" includes the agency process respecting the issuance, denial, revocation, suspension, or modification of a license.

              (10) "Mail" or "send," for purposes of any notice relating to rule making or policy or interpretive statements, means regular mail or electronic distribution, as provided in RCW 34.05.260. "Electronic distribution" or "electronically" means distribution by electronic mail or facsimile mail.

              (11)(a) "Order," without further qualification, means a written statement of particular applicability that finally determines the legal rights, duties, privileges, immunities, or other legal interests of a specific person or persons.

              (b) "Order of adoption" means the official written statement by which an agency adopts, amends, or repeals a rule.

              (12) "Party to agency proceedings," or "party" in a context so indicating, means:

              (a) A person to whom the agency action is specifically directed; or

              (b) A person named as a party to the agency proceeding or allowed to intervene or participate as a party in the agency proceeding.

              (13) "Party to judicial review or civil enforcement proceedings," or "party" in a context so indicating, means:

              (a) A person who files a petition for a judicial review or civil enforcement proceeding; or

              (b) A person named as a party in a judicial review or civil enforcement proceeding, or allowed to participate as a party in a judicial review or civil enforcement proceeding.

              (14) "Person" means any individual, partnership, corporation, association, governmental subdivision or unit thereof, or public or private organization or entity of any character, and includes another agency.

              (15) "Policy statement" means a written description of the current approach of an agency, entitled a policy statement by the agency head or its designee, to implementation of a statute or other provision of law, of a court decision, or of an agency order, including where appropriate the agency's current practice, procedure, or method of action based upon that approach.

              (16) "Rule" means any agency order, directive, or regulation of general applicability (a) the violation of which subjects a person to a penalty or administrative sanction; (b) which establishes, alters, or revokes any procedure, practice, or requirement relating to agency hearings; (c) which establishes, alters, or revokes any qualification or requirement relating to the enjoyment of benefits or privileges conferred by law; (d) which establishes, alters, or revokes any qualifications or standards for the issuance, suspension, or revocation of licenses to pursue any commercial activity, trade, or profession; or (e) which establishes, alters, or revokes any mandatory standards for any product or material which must be met before distribution or sale. The term includes the amendment or repeal of a prior rule, but does not include (i) statements concerning only the internal management of an agency and not affecting private rights or procedures available to the public, (ii) declaratory rulings issued pursuant to RCW 34.05.240, (iii) traffic restrictions for motor vehicles, bicyclists, and pedestrians established by the secretary of transportation or his designee where notice of such restrictions is given by official traffic control devices, or (iv) rules of institutions of higher education involving standards of admission, academic advancement, academic credit, graduation and the granting of degrees, employment relationships, or fiscal processes.

              (17) "Rules review committee" or "committee" means the joint administrative rules review committee created pursuant to RCW 34.05.610 for the purpose of selectively reviewing existing and proposed rules of state agencies.

              (18) "Rule making" means the process for formulation and adoption of a rule.

              (19) "Service," except as otherwise provided in this chapter, means posting in the United States mail, properly addressed, postage prepaid, or personal service. Service by mail is complete upon deposit in the United States mail. Agencies may, by rule, authorize service by electronic telefacsimile transmission, where copies are mailed simultaneously, or by commercial parcel delivery company.


              NEW SECTION. Sec. 5. A new section is added to chapter 34.05 RCW to read as follows:

              A procedural determination of significance or nonsignificance by the department of natural resources, pursuant to chapter 43.21C RCW, when the environmental review procedures of chapter 43.21C RCW are triggered by a sale of state timber that is to be harvested by either a class I, II, or III forest practice, as those terms are defined in RCW 76.09.050, shall proceed pursuant to this title as provided in RCW 76.09.220(8)(b).


              Sec. 6. RCW 79.01.500 and 1988 c 202 s 59 and 1988 c 128 s 56 are each reenacted and amended to read as follows:

              (1) Except as provided in subsection (2) of this section, any applicant to purchase, or lease, any public lands of the state, or any valuable materials thereon, and any person whose property rights or interests will be affected by such sale or lease, feeling himself aggrieved by any order or decision of the board of natural resources, or the commissioner of public lands, concerning the same, may appeal therefrom to the superior court of the county in which such lands or materials are situated, by serving upon all parties who have appeared in the proceedings in which the order or decision was made, or their attorneys, a written notice of appeal, and filing such notice, with proof, or admission, of service, with the board, or the commissioner, within thirty days from the date of the order or decision appealed from, and at the time of filing the notice, or within five days thereafter, filing a bond to the state, in the penal sum of two hundred dollars, with sufficient sureties, to be approved by the secretary of the board, or the commissioner, conditioned that the appellant shall pay all costs that may be awarded against him on appeal, or the dismissal thereof. Within thirty days after the filing of notice of appeal, the secretary of the board, or the commissioner, shall certify, under official seal, a transcript of all entries in the records of the board, or the commissioner, together with all processes, pleadings and other papers relating to and on file in the case, except evidence used in such proceedings, and file such transcript and papers, at the expense of the applicant, with the clerk of the court to which the appeal is taken. The hearing and trial of said appeal in the superior court shall be de novo before the court, without a jury, upon the pleadings and papers so certified, but the court may order the pleadings to be amended, or new and further pleadings to be filed. Costs on appeal shall be awarded to the prevailing party as in actions commenced in the superior court, but no costs shall be awarded against the state, the board, or the commissioner. Should judgment be rendered against the appellant, the costs shall be taxed against him and his sureties on the appeal bond, except when the state is the only adverse party, and shall be included in the judgment, upon which execution may issue as in other cases. Any party feeling himself aggrieved by the judgment of the superior court may seek appellate review as in other civil cases. Unless appellate review of the judgment of the superior court is sought, the clerk of said court shall, on demand, certify, under his hand and the seal of the court, a true copy of the judgment, to the board, or the commissioner, which judgment shall thereupon have the same force and effect as if rendered by the board, or the commissioner. In all cases of appeals from orders or decisions of the commissioner of public lands involving the prior right to purchase tidelands of the first class, if the appeal be not prosecuted, heard and determined, within two years from the date of the appeal, the attorney general shall, after thirty days' notice to the appellant of his intention so to do, move the court for a dismissal of the appeal, but nothing herein shall be construed to prevent the dismissal of such appeal at any time in the manner provided by law.

              (2) Any appeal from a decision made by the department to sell a specified track of timber that is to be harvested by either a class I, II, or III forest practice, as those terms are defined in RCW 76.09.050, may only be heard under the procedures established in RCW 76.09.220, if a procedural determination of significance or nonsignificance by the department, pursuant to chapter 43.21C RCW, is also being appealed."


              Correct the title.

 

Signed by Representatives Linville, Chairman; Rockefeller, Vice Chairman; Holmquist, Assistant Ranking Minority Member; Eickmeyer; Grant; Hunt; Kristiansen; McDermott; Orcutt and Sump.

 

MINORITY recommendation: Do not pass. Signed by Representatives Schoesler, Ranking Minority Member; Chandler and Quall.


             Referred to Committee on Appropriations.

 

SSB 5236          Prime Sponsor, Senate Committee On Health & Long-Term Care: Offering health care benefit plans to school district employees. Reported by Committee on Appropriations.

 

MAJORITY recommendation: Do pass. Signed by: Representatives Sommers, Chair; Fromhold, Vice Chair; Sehlin, Ranking Minority Member; Pearson, Asst Ranking Minority Member; Alexander; Boldt; Buck; Cody; Conway; Cox; DeBolt; Dunshee; Grant; Hunter; Kagi; Kenney; Kessler; Linville; McDonald; McIntire; Miloscia; Pflug; Ruderman; Schual-Berke; Sump and Talcott.


             Passed to Committee on Rules for second reading.

April 4, 2003

ESB 5245         Prime Sponsor, Senator Horn: Involving legislators in transportation planning. Reported by Committee on Transportation

 

MAJORITY recommendation: Do pass as amended.


              On page 1, line 14, after "are" insert "wholly or partly"

 

Signed by Representatives Murray, Chairman; Rockefeller, Vice Chairman; Ericksen, Ranking Minority Member; Jarrett, Assistant Ranking Minority Member; Anderson; Armstrong; Bailey; Campbell; Clibborn; Cooper; Dickerson; Edwards; Hankins; Hudgins; Kristiansen; Lovick; Mielke; Morris; Nixon; Romero; Schindler; Shabro; Simpson; Sullivan; Wood and Woods.

 

MINORITY recommendation: Do not pass. Signed by Representatives Flannigan and Hatfield.


             Passed to Committee on Rules for second reading.

April 3, 2003

SSB 5264          Prime Sponsor, Senate Committee On Government Operations & Elections: Providing transportation to the lieutenant governor's spouse for activities conducted on behalf of the state. Reported by Committee on State Government

 

MAJORITY recommendation: Do pass as amended.


              On page 1, line 9, after "when" strike "conducting official state business in conjunction with" and insert "he or she is conducting official state business that pertains to the office of"

 

Signed by Representatives Haigh, Chairman; Miloscia, Vice Chairman; Hunt; McDermott and Wallace.

 

MINORITY recommendation: Do not pass. Signed by Representatives Armstrong, Ranking Minority Member; Shabro, Assistant Ranking Minority Member; Nixon and Tom.


             Passed to Committee on Rules for second reading.

April 2, 2003

SB 5284            Prime Sponsor, Senator Stevens: Penalizing failure to use required traction equipment. Reported by Committee on Transportation

 

MAJORITY recommendation: Do pass. Signed by Representatives Murray, Chairman; Rockefeller, Vice Chairman; Ericksen, Ranking Minority Member; Jarrett, Assistant Ranking Minority Member; Armstrong; Bailey; Campbell; Clibborn; Cooper; Dickerson; Edwards; Hankins; Hatfield; Kristiansen; Lovick; Mielke; Morris; Nixon; Romero; Schindler; Shabro; Simpson; Wood and Woods.

 

MINORITY recommendation: Do not pass. Signed by Representatives Anderson.


             Passed to Committee on Rules for second reading.

April 4, 2003

SSB 5305          Prime Sponsor, Senate Committee On Land Use & Planning: Reviewing the state's need for construction aggregates. Reported by Committee on Agriculture & Natural Resources

 

MAJORITY recommendation: Do pass as amended.


              Strike everything after the enacting clause and insert the following:


              "NEW SECTION. Sec. 1. (1) The legislature finds that not all mineral resources of long-term commercial significance can be used as construction aggregates and not all regions of the state have sufficient supplies of construction aggregates. As a result, projects may not be completed timely, economically, and with the quality of aggregates necessary for long-term durability.

              (2)(a) A committee is created to study the state's need for aggregate as recognized under subsection (1) of this section. The committee is comprised of the following:

              (i) The state geologist, representing the department of natural resources, who shall serve as chair;

              (ii) A representative of the association of general contractors;

              (iii) A representative of the governor;

              (iv) A representative of the Washington chapter of the American public works association;

              (v) An operating engineer representing the building and trades council;

              (vi) A representative of the aggregate and concrete association; and

              (vii) Representatives from three counties, including a county from east of the crest of the Cascade mountains, a highly urbanized county with aggregate supplies and affiliated industries within its urban area, and a rural county with aggregate supplies and affiliated industries within its agricultural, forested, or other rural areas.

              (b) The committee shall:

              (i) Determine whether the goals and requirements under chapter 36.70A RCW are being met with regard to the identification, designation, and supply of aggregate necessary to meet the twenty-year comprehensive plans and whether sufficient quality and quantity of aggregate is available to meet the transportation elements of the department of transportation, county, city, or municipal projects, and private projects;

              (ii) Determine whether environmental review procedures allow the efficient processing of permit applications without reducing environmental protection and without undermining the expectation that a successful project will receive a permit in a timely manner;

              (iii) Ensure the state has competitive and efficient industries by evaluating and identifying areas of redundant, duplicative, and costly regulations and suggesting remedies to eliminate those inefficient impediments;

              (iv) Consider how the aggregate and affiliated industries should be regulated; and

              (v) No later than December 15, 2003, prepare and submit to the legislature its findings and any legislation necessary.

              (3) The department of transportation and the department of community, trade, and economic development shall provide technical and staff support from existing staff."

 

Signed by Representatives Linville, Chairman; Rockefeller, Vice Chairman; Schoesler, Ranking Minority Member; Holmquist, Assistant Ranking Minority Member; Chandler; Eickmeyer; Grant; Hunt; Kristiansen; McDermott; Orcutt; Quall and Sump.


             Passed to Committee on Rules for second reading.

April 3, 2003

SB 5307            Prime Sponsor, Senator Mulliken: Requiring local governments to issue project permits in a timely manner. Reported by Committee on Local Government

 

MAJORITY recommendation: Do pass as amended.


              On page 1, line 7, after "36.70A.040" strike "shall" and insert "may"


              On page 3, at the beginning of line 1, strike all of subsection (3)


              Renumber the subsections consecutively and correct any internal references accordingly.


              On page 3, after line 25, insert the following:


              "Sec. 2. RCW 36.70B.080 and 2001 c 322 s 1 are each amended to read as follows:

              (1) Development regulations adopted pursuant to RCW 36.70A.040 shall establish time periods for local government actions on specific project permit applications and provide timely and predictable procedures to determine whether a completed project permit application meets the requirements of those development regulations. The time periods for local government actions on specific complete project permit applications or project types should not exceed one hundred twenty days, unless the local government makes written findings that a specified amount of additional time is needed for processing of specific complete project permit applications or project types.

              Such development regulations shall specify the contents of a completed project permit application necessary for the application of such time periods and procedures.

              (2)(a) Counties subject to the requirements of RCW 36.70A.215 and the cities within those counties that have populations of at least twenty thousand shall identify the types of project permit applications for which decisions are issued according to the provisions of this chapter. For each type of project permit application identified, these counties and cities shall establish a deadline for issuing a notice of final decision as required by subsection (1) of this section and minimum requirements for applications to be deemed complete under RCW 36.70B.070 as required by subsection (1) of this section. Counties and cities subject to the requirements of this subsection also shall((, through September 1, 2003,)) prepare ((at least two)) annual performance reports that include, at a minimum, the following information for each type of project permit application:

              (i) Total number of complete applications received during the year;

              (ii) Number of complete applications received during the year for which a notice of final decision was issued before the deadline established under this subsection;

              (iii) Number of applications received during the year for which a notice of final decision was issued after the deadline established under this subsection;

              (iv) Number of applications received during the year for which an extension of time was mutually agreed upon by the applicant and the county or city; and

              (v) Variance of actual performance, excluding applications for which mutually agreed time extensions have occurred, to the deadline established under this subsection during the year.

              (b) ((Until July 1, 2003,)) Counties and cities subject to the requirements of this subsection shall provide notice of and access to the annual performance reports required by this subsection through the county's or city's web site. If a county or city subject to the requirements of this subsection does not maintain a web site, notice of the report shall be given by reasonable methods, including but not limited to those methods specified in RCW 36.70B.110(4).

              (3) Nothing in this section prohibits a county or city from extending a deadline for issuing a decision for a specific project permit application for any reasonable period of time mutually agreed upon by the applicant and the local government."


              Correct the title.

 

Signed by Representatives Romero, Chairman; Upthegrove, Vice Chairman; Jarrett, Assistant Ranking Minority Member; Berkey; Clibborn; Edwards and Moeller.

 

MINORITY recommendation: Do not pass. Signed by Representatives Schindler, Ranking Minority Member; Ahern; Ericksen and Mielke.


             Passed to Committee on Rules for second reading.

April 4, 2003

SSB 5326          Prime Sponsor, Senate Committee On Government Operations & Elections: Creating regional fire protection service authorities. Reported by Committee on Finance

 

MAJORITY recommendation: Do pass as amended.


              Strike everything after the enacting clause and insert the following:


              "NEW SECTION. Sec. 1. FINDINGS. The legislature finds that:

              (1) The ability to respond to emergency situations by many of Washington state's fire protection jurisdictions has not kept up with the state's needs, particularly in urban regions;

              (2) Providing a fire protection service system requires a shared partnership and responsibility among the federal, state, local, and regional governments and the private sector;

              (3) There are efficiencies to be gained by regional fire protection service delivery while retaining local control; and

              (4) Timely development of significant projects can best be achieved through enhanced funding options for regional fire protection service agencies, using already existing taxing authority to address fire protection emergency service needs and new authority to address critical fire protection projects and emergency services.


              NEW SECTION. Sec. 2. DEFINITIONS. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

              (1) "Board" means the governing body of a regional fire protection service authority.

              (2) "Regional fire protection service authority" or "authority" means a municipal corporation, an independent taxing authority within the meaning of Article VII, section 1 of the state Constitution, and a taxing district within the meaning of Article VII, section 2 of the state Constitution, whose boundaries are coextensive with two or more adjacent fire protection jurisdictions and that has been created by a vote of the people under this chapter to implement a regional fire protection service authority plan.

              (3) "Regional fire protection service authority planning committee" or "planning committee" means the advisory committee created under section 3 of this act to create and propose to fire protection jurisdictions a regional fire protection service authority plan to design, finance, and develop fire protection service projects.

              (4) "Regional fire protection service authority plan" or "plan" means a plan to develop and finance a fire protection service authority project or projects, including, but not limited to, specific capital projects, fire operations and emergency service operations pursuant to section 4(3)(b) of this act, and preservation and maintenance of existing or future facilities.

              (5) "Fire protection jurisdiction" means a fire district, city, town, port district, or Indian tribe.

              (6) "Regular property taxes" has the same meaning as in RCW 84.04.140.


              NEW SECTION. Sec. 3. PLANNING COMMITTEE FORMATION. Regional fire protection service authority planning committees are advisory entities that are created, convened, and empowered as follows:

              (1) Any two or more adjacent fire protection jurisdictions may create a regional fire protection service authority and convene a regional fire protection service authority planning committee. No fire protection jurisdiction may participate in more than one authority.

              (2) Each governing body of the fire protection jurisdictions participating in planning under this chapter shall appoint three elected officials to the authority planning committee. Members of the planning committee may receive compensation of seventy dollars per day, or portion thereof, not to exceed seven hundred dollars per year, for attendance at planning committee meetings and for performance of other services in behalf of the authority, and may be reimbursed for travel and incidental expenses at the discretion of their respective governing body.

              (3) A regional fire protection service authority planning committee may receive state funding, as appropriated by the legislature, or county funding provided by the affected counties for start-up funding to pay for salaries, expenses, overhead, supplies, and similar expenses ordinarily and necessarily incurred. Upon creation of a regional fire protection service authority, the authority shall within one year reimburse the state or county for any sums advanced for these start-up costs from the state or county.

              (4) The planning committee shall conduct its affairs and formulate a regional fire protection service authority plan as provided under section 4 of this act.

              (5) At its first meeting, a regional fire protection service authority planning committee may elect officers and provide for the adoption of rules and other operating procedures.

              (6) The planning committee may dissolve itself at any time by a majority vote of the total membership of the planning committee. Any participating fire protection jurisdiction may withdraw upon thirty calendar days' written notice to the other jurisdictions.


              NEW SECTION. Sec. 4. PLANNING COMMITTEE DUTIES. (1) A regional fire protection service authority planning committee shall adopt a regional fire protection service authority plan providing for the design, financing, and development of fire protection services. The planning committee may consider the following factors in formulating its plan:

              (a) Land use planning criteria; and

              (b) The input of cities and counties located within, or partially within, a participating fire protection jurisdiction.

              (2) The planning committee may coordinate its activities with neighboring cities, towns, and other local governments that engage in fire protection planning.

              (3) The planning committee shall:

              (a) Create opportunities for public input in the development of the plan;

              (b) Adopt a plan proposing the creation of a regional fire protection service authority and recommending design, financing, and development of fire protection and emergency service facilities and operations, including maintenance and preservation of facilities or systems, except that no ambulance service may be recommended unless the regional fire protection service authority determines that the fire protection jurisdictions that are members of the authority are not adequately served by existing private ambulance service in which case the authority may provide for the establishment of a system of ambulance service to be operated by the authority or operated by contract after a call for bids; and

              (c) Recommend sources of revenue authorized by section 5 of this act and a financing plan to fund selected fire protection service projects.

              (4) Once adopted, the plan must be forwarded to the participating fire protection jurisdictions' governing bodies to initiate the election process under section 6 of this act.

              (5) If the ballot measure is not approved, the planning committee may redefine the selected regional fire protection service authority projects, financing plan, and the ballot measure. The fire protection jurisdictions' governing bodies may approve the new plan and ballot measure, and may then submit the revised proposition to the voters at a subsequent election or a special election. If a ballot measure is not approved by the voters by the third vote, the planning committee is dissolved.


              NEW SECTION. Sec. 5. TAXES AND FEES. (1) A regional fire protection service authority planning committee may, as part of a regional fire protection service authority plan, recommend the imposition of some or all of the following revenue sources, which a regional fire protection service authority may impose upon approval of the voters as provided in this chapter:

              (a) Benefit charges under sections 24 through 33 of this act;

              (b) Property taxes under sections 15 through 18 and 20 of this act and RCW 84.09.030, 84.52.010, 84.52.052, and 84.52.069; or

              (c) Both (a) and (b) of this subsection.

              (2) Taxes and benefit charges may not be imposed unless they are identified in the regional fire protection service authority plan and the plan is approved by an affirmative vote of the majority of the voters within the boundaries of the authority voting on a ballot proposition as set forth in section 6 of this act. The voter approval requirement provided in this section is in addition to any other voter approval requirement under law for the levying of property taxes or the imposition of benefit charges. Revenues from these taxes and benefit charges may be used only to implement the plan as set forth in this chapter.


              NEW SECTION. Sec. 6. SUBMISSION OF PLAN TO THE VOTERS. The governing bodies of two or more adjacent fire protection jurisdictions, upon receipt of the regional fire protection service authority plan under section 4 of this act, may certify the plan to the ballot, including identification of the tax options necessary to fund the plan. The governing bodies of the fire protection jurisdictions may draft a ballot title, give notice as required by law for ballot measures, and perform other duties as required to put the plan before the voters of the proposed authority for their approval or rejection as a single ballot measure that both approves formation of the authority and approves the plan. Authorities may negotiate interlocal agreements necessary to implement the plan. The electorate is the voters voting within the boundaries of the proposed regional fire protection service authority. A simple majority of the total persons voting on the single ballot measure to approve the plan, establish the authority, and approve the taxes is required for approval. The authority must act in accordance with the general election laws of the state. The authority is liable for its proportionate share of the costs when the elections are held under RCW 29.13.010 and 29.13.020.


              NEW SECTION. Sec. 7. CERTIFICATION OF FORMATION. If the voters approve the plan, including creation of a regional fire protection service authority and imposition of taxes, if any, the authority is formed. The appropriate county election officials shall, within fifteen days of the final certification of the election results, publish a notice in a newspaper or newspapers of general circulation in the authority declaring the authority formed. A party challenging the procedure or the formation of a voter-approved authority must file the challenge in writing by serving the prosecuting attorney of each county within, or partially within, the regional fire protection service authority and the attorney general within thirty days after the final certification of the election. Failure to challenge within that time forever bars further challenge of the authority's valid formation.


              NEW SECTION. Sec. 8. BOARD ORGANIZATION AND COMPOSITION. (1) The board shall adopt rules for the conduct of business. The board shall adopt bylaws to govern authority affairs, which may include:

              (a) The time and place of regular meetings;

              (b) Rules for calling special meetings;

              (c) The method of keeping records of proceedings and official acts;

              (d) Procedures for the safekeeping and disbursement of funds; and

              (e) Any other provisions the board finds necessary to include.

              (2) The governing board shall be determined by the plan and consist solely of elected officials.


              NEW SECTION. Sec. 9. BOARD'S POWERS AND DUTIES. (1) The governing board of the authority is responsible for the execution of the voter-approved plan. Participating jurisdictions shall review the plan every ten years. The board shall:

              (a) Levy and impose taxes as authorized in the plan and approved by authority voters;

              (b) Enter into agreements with federal, state, local, and regional entities and departments as necessary to accomplish authority purposes and protect the authority's investments;

              (c) Accept gifts, grants, or other contributions of funds that will support the purposes and programs of the authority;

              (d) Monitor and audit the progress and execution of fire protection service projects to protect the investment of the public and annually make public its findings;

              (e) Pay for services and enter into leases and contracts, including professional service contracts;

              (f) Hire, manage, and terminate employees; and

              (g) Exercise other powers and duties as may be reasonable to carry out the purposes of the authority.

              (2) An authority may acquire, hold, or dispose of real property.

              (3) An authority may exercise the powers of eminent domain.

              (4) An authority may enforce fire codes as provided under chapter 19.27 RCW.


              NEW SECTION. Sec. 10. TRANSFER OF RESPONSIBILITIES. (1) All powers, duties, and functions of a participating fire protection jurisdiction pertaining to providing fire protection services may be transferred, by resolution, to the regional fire protection service authority.

              (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the participating fire protection jurisdiction pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the regional fire protection service authority. All real property and personal property including cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the participating fire protection jurisdiction in carrying out the powers, functions, and duties transferred shall be made available to the regional fire protection service authority. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the regional fire protection service authority.

              (b) Any appropriations made to the participating fire protection jurisdiction for carrying out the powers, functions, and duties transferred shall, on the effective date of the resolution, be transferred and credited to the regional fire protection service authority.

              (c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the governing body of the participating fire protection jurisdiction shall make a determination as to the proper allocation.

              (3) All rules and all pending business before the participating fire protection jurisdiction pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the regional fire protection service authority. All existing contracts and obligations shall remain in full force and shall be performed by the regional fire protection service authority.

              (4) The transfer of the powers, duties, functions, and personnel of the participating fire protection jurisdiction shall not affect the validity of any act performed before the effective date of the resolution.

              (5) If apportionments of budgeted funds are required because of the transfers directed by the resolution, the treasurer under section 18 of this act shall certify the apportionments.

              (6) Nothing contained in this section may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified as provided by law. RCW 35.13.215 through 35.13.235 apply to the transfer of employees under this section.


              NEW SECTION. Sec. 11. WITHDRAWAL. (1) As provided in this section, a regional fire protection service authority may withdraw areas from its boundaries.

              (2) The withdrawal of an area is authorized upon: (a) Adoption of a resolution by the board requesting the withdrawal and finding that, in the opinion of the board, inclusion of this area within the regional fire protection service authority will result in a reduction of the district's tax levy rate under the provisions of RCW 84.52.010; and (b) adoption of a resolution by the city or town council approving the withdrawal, if the area is located within the city or town, or adoption of a resolution by the fire district or authorities of the fire district within which the area is located approving the withdrawal, if the area is located outside of a city or town. A withdrawal is effective at the end of the day on the thirty-first day of December in the year in which the resolutions under (b) of this subsection are adopted, but for purposes of establishing boundaries for property tax purposes, the boundaries shall be established immediately upon the adoption of the second resolution.

              (3)(a) The authority of an area to be withdrawn from a regional fire protection service authority as provided under this section is in addition to, and not subject to, section 10(6) of this act.

              (b) The withdrawal of an area from the boundaries of a regional fire protection service authority does not exempt any property therein from taxation for the purpose of paying the costs of redeeming any indebtedness of the fire protection district existing at the time of withdrawal.


              NEW SECTION. Sec. 12. DISSOLUTION--ELECTION. Any fire protection district within the authority may be dissolved by a majority vote of the registered electors of the district at an election conducted by the election officials of the county or counties in which the district is located in accordance with the general election laws of the state. The proceedings for dissolution may be initiated by the adoption of a resolution by the board. The dissolution of the district shall not cancel outstanding obligations of the district or of a local improvement district within the district, and the county legislative authority or authorities of the county or counties in which the district was located may make annual levies against the lands within the district until the obligations of the districts are paid. All powers, duties, and functions of a dissolved fire protection jurisdiction within the authority boundaries, pertaining to providing fire protection services may be transferred, by resolution, to the regional fire protection service authority.


              Sec. 13. RCW 57.90.010 and 1999 c 153 s 24 are each amended to read as follows:

              Water-sewer, park and recreation, metropolitan park, county rural library, cemetery, flood control, mosquito control, diking and drainage, irrigation or reclamation, weed, health, or fire protection districts, and any air pollution control authority or regional fire protection service authority, hereinafter referred to as "special districts," which are located wholly or in part within a county with a population of two hundred ten thousand or more may be disincorporated when the district has not actively carried out any of the special purposes or functions for which it was formed within the preceding consecutive five-year period.


              NEW SECTION. Sec. 14. DEBT AND BONDING. Unless contrary to this section, chapter 39.42 RCW applies to debt and bonding under this section. The authority may borrow money, but may not issue any debt of its own for more than ten years' duration. An authority may issue notes or other evidences of indebtedness with a maturity of not more than twenty years. An authority may, when authorized by the plan, enter into agreements with the state to pledge taxes or other revenues of the authority for the purpose of paying in part or whole principal and interest on bonds issued by the authority. The contracts pledging revenues and taxes are binding for the term of the agreement, but not to exceed twenty-five years, and no tax pledged by an agreement may be eliminated or modified if it would impair the pledge of the agreement.


              NEW SECTION. Sec. 15. (1) To carry out the purposes for which a regional fire protection service authority is created, as authorized in the plan and approved by the voters, the governing board of an authority may annually levy the following taxes:

              (a) An ad valorem tax on all taxable property located within the authority not to exceed fifty cents per thousand dollars of assessed value;

              (b) An ad valorem tax on all property located within the authority not to exceed fifty cents per thousand dollars of assessed value and which will not cause the combined levies to exceed the constitutional or statutory limitations. This levy, or any portion of this levy, may also be made when dollar rates of other taxing units are released by agreement with the other taxing units from their authorized levies; and

              (c) An ad valorem tax on all taxable property located within the authority not to exceed fifty cents per thousand dollars of assessed value if the authority has at least one full-time, paid employee, or contracts with another municipal corporation for the services of at least one full-time, paid employee. This levy may be made only if it will not affect dollar rates which other taxing districts may lawfully claim nor cause the combined levies to exceed the constitutional or statutory limitations or both.

              (2) Levies in excess of the amounts provided in subsection (1) of this section or in excess of the aggregate dollar rate limitations or both may be made for any authority purpose when so authorized at a special election under RCW 84.52.052. Any such tax when levied must be certified to the proper county officials for the collection of the tax as for other general taxes. The taxes when collected shall be placed in the appropriate authority fund or funds as provided by law, and must be paid out on warrants of the auditor of the county in which all, or the largest portion of, the authority is located, upon authorization of the governing board of the authority.

              (3) Authorities are additionally authorized to incur general indebtedness and to issue general obligation bonds for capital purposes as provided in section 14 of this act. Authorities may provide for the retirement of general indebtedness by excess property tax levies, when the voters of the authority have approved a proposition authorizing such indebtedness and levies by an affirmative vote of three-fifths of those voting on the proposition at such an election, at which election the total number of persons voting shall constitute not less than forty percent of the voters in the authority who voted at the last preceding state general election. Elections must be held as provided in RCW 39.36.050. The maximum term of any bonds issued under the authority of this section may not exceed ten years and must be issued and sold in accordance with chapter 39.46 RCW.

              (4) For purposes of this section, the term "value of the taxable property" has the same meaning as in RCW 39.36.015.


              NEW SECTION. Sec. 16. At the time of making general tax levies in each year, the county legislative authority or authorities of the county or counties in which a regional fire protection service authority is located shall make the required levies for authority purposes against the real and personal property in the authority in accordance with the equalized valuations of the property for general tax purposes and as a part of the general taxes. The tax levies are part of the general tax roll and must be collected as a part of the general taxes against the property in the authority.


              NEW SECTION. Sec. 17. In the event that lands lie within both a regional fire protection service authority and a forest protection assessment area they shall be taxed and assessed as follows:

              (1) If the lands are wholly unimproved, they are subject to forest protection assessments but not to authority levies;

              (2) If the lands are wholly improved, they are subject to authority levies but not to forest protection assessments; and

              (3) If the lands are partly improved and partly unimproved, they are subject both to authority levies and to forest protection assessments. However, upon request, accompanied by appropriate legal descriptions, the county assessor shall segregate any unimproved portions which each consist of twenty or more acres, and thereafter the unimproved portion or portions are subject only to forest protection assessments.


              NEW SECTION. Sec. 18. It is the duty of the county treasurer of the county in which the regional fire protection service authority created under this chapter is located to collect taxes authorized and levied under this chapter. However, when a regional fire protection service authority is located in more than one county, the county treasurer of each county in which the authority is located shall collect the regional fire protection service authority's taxes that are imposed on property located within the county and transfer these funds to the treasurer of the county in which the majority of the authority lies.


              Sec. 19. RCW 84.09.030 and 1996 c 230 s 1613 are each amended to read as follows:

              Except as follows, the boundaries of counties, cities and all other taxing districts, for purposes of property taxation and the levy of property taxes, shall be the established official boundaries of such districts existing on the first day of March of the year in which the property tax levy is made.

              The official boundaries of a newly incorporated taxing district shall be established at a different date in the year in which the incorporation occurred as follows:

              (1) Boundaries for a newly incorporated city shall be established on the last day of March of the year in which the initial property tax levy is made, and the boundaries of a road district, library district, or fire protection district or districts, that include any portion of the area that was incorporated within its boundaries shall be altered as of this date to exclude this area, if the budget for the newly incorporated city is filed pursuant to RCW 84.52.020 and the levy request of the newly incorporated city is made pursuant to RCW 84.52.070. Whenever a proposed city incorporation is on the March special election ballot, the county auditor shall submit the legal description of the proposed city to the department of revenue on or before the first day of March;

              (2) Boundaries for a newly incorporated port district or regional fire protection service authority shall be established on the first day of October if the boundaries of the newly incorporated port district or regional fire protection service authority are coterminous with the boundaries of another taxing district or districts, as they existed on the first day of March of that year;

              (3) Boundaries of any other newly incorporated taxing district shall be established on the first day of June of the year in which the property tax levy is made if the taxing district has boundaries coterminous with the boundaries of another taxing district, as they existed on the first day of March of that year;

              (4) Boundaries for a newly incorporated water-sewer district shall be established on the fifteenth of June of the year in which the proposition under RCW 57.04.050 authorizing a water district excess levy is approved.

              The boundaries of a taxing district shall be established on the first day of June if territory has been added to, or removed from, the taxing district after the first day of March of that year with boundaries coterminous with the boundaries of another taxing district as they existed on the first day of March of that year. However, the boundaries of a road district, library district, or fire protection district or districts, that include any portion of the area that was annexed to a city or town within its boundaries shall be altered as of this date to exclude this area. In any case where any instrument setting forth the official boundaries of any newly established taxing district, or setting forth any change in such boundaries, is required by law to be filed in the office of the county auditor or other county official, said instrument shall be filed in triplicate. The officer with whom such instrument is filed shall transmit two copies to the county assessor.

              No property tax levy shall be made for any taxing district whose boundaries are not established as of the dates provided in this section.


              NEW SECTION. Sec. 20. A new section is added to chapter 84.52 RCW to read as follows:

              (1) If a fire protection district is a participating fire protection jurisdiction in a regional fire protection service authority, the regular property tax levies of the fire protection district are limited as follows:

              (a) The regular levy of the district under RCW 52.16.130 shall not exceed fifty cents per thousand dollars of assessed value of taxable property in the district less the amount of any levy imposed by the authority under section 15(1)(a) of this act;

              (b) The levy of the district under RCW 52.16.140 shall not exceed fifty cents per thousand dollars of assessed value of taxable property in the district less the amount of any levy imposed by the authority under section 15(1)(b) of this act; and

              (c) The levy of the district under RCW 52.16.160 shall not exceed fifty cents per thousand dollars of assessed value of taxable property in the district less the amount of any levy imposed by the authority under section 15(1)(c) of this act.

              (2) If a city or town is a participating fire protection jurisdiction in a regional fire protection service authority, the regular levies of the city or town shall not exceed the applicable rates provided in RCW 27.12.390, 52.04.081, and 84.52.043(1) less the aggregate rates of any regular levies made by the authority under section 15(1) of this act.

              (3) If a port district is a participating fire protection jurisdiction in a regional fire protection service authority, the regular levy of the port district under RCW 53.36.020 shall not exceed forty-five cents per thousand dollars of assessed value of taxable property in the district less the aggregate rates of any regular levies imposed by the authority under section 15(1) of this act.

              (4) For purposes of this section, the following definitions apply:

              (a) "Fire protection jurisdiction" means a fire protection district, city, town, Indian tribe, or port district; and

              (b) "Participating fire protection jurisdiction" means a fire protection district, city, town, Indian tribe, or port district that is represented on the governing board of a regional fire protection service authority.


              Sec. 21. RCW 84.52.010 and 2002 c 248 s 15 and 2002 c 88 s 7 are each reenacted and amended to read as follows:

              Except as is permitted under RCW 84.55.050, all taxes shall be levied or voted in specific amounts.

              The rate percent of all taxes for state and county purposes, and purposes of taxing districts coextensive with the county, shall be determined, calculated and fixed by the county assessors of the respective counties, within the limitations provided by law, upon the assessed valuation of the property of the county, as shown by the completed tax rolls of the county, and the rate percent of all taxes levied for purposes of taxing districts within any county shall be determined, calculated and fixed by the county assessors of the respective counties, within the limitations provided by law, upon the assessed valuation of the property of the taxing districts respectively.

              When a county assessor finds that the aggregate rate of tax levy on any property, that is subject to the limitations set forth in RCW 84.52.043 or 84.52.050, exceeds the limitations provided in either of these sections, the assessor shall recompute and establish a consolidated levy in the following manner:

              (1) The full certified rates of tax levy for state, county, county road district, and city or town purposes shall be extended on the tax rolls in amounts not exceeding the limitations established by law; however any state levy shall take precedence over all other levies and shall not be reduced for any purpose other than that required by RCW 84.55.010. If, as a result of the levies imposed under RCW 84.52.069, 84.34.230, the portion of the levy by a metropolitan park district that was protected under RCW 84.52.120, and 84.52.105, the combined rate of regular property tax levies that are subject to the one percent limitation exceeds one percent of the true and fair value of any property, then these levies shall be reduced as follows: (a) The portion of the levy by a metropolitan park district that is protected under RCW 84.52.120 shall be reduced until the combined rate no longer exceeds one percent of the true and fair value of any property or shall be eliminated; (b) if the combined rate of regular property tax levies that are subject to the one percent limitation still exceeds one percent of the true and fair value of any property, then the levies imposed under RCW 84.34.230, 84.52.105, and any portion of the levy imposed under RCW 84.52.069 that is in excess of thirty cents per thousand dollars of assessed value, shall be reduced on a pro rata basis until the combined rate no longer exceeds one percent of the true and fair value of any property or shall be eliminated; and (c) if the combined rate of regular property tax levies that are subject to the one percent limitation still exceeds one percent of the true and fair value of any property, then the thirty cents per thousand dollars of assessed value of tax levy imposed under RCW 84.52.069 shall be reduced until the combined rate no longer exceeds one percent of the true and fair value of any property or eliminated.

              (2) The certified rates of tax levy subject to these limitations by all junior taxing districts imposing taxes on such property shall be reduced or eliminated as follows to bring the consolidated levy of taxes on such property within the provisions of these limitations:

              (a) First, the certified property tax levy rates of those junior taxing districts authorized under RCW 36.68.525, 36.69.145, 35.95A.100, and 67.38.130 shall be reduced on a pro rata basis or eliminated;

              (b) Second, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates of flood control zone districts shall be reduced on a pro rata basis or eliminated;

              (c) Third, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates of all other junior taxing districts, other than fire protection districts, regional fire protection service authorities, library districts, the first fifty cent per thousand dollars of assessed valuation levies for metropolitan park districts, and the first fifty cent per thousand dollars of assessed valuation levies for public hospital districts, shall be reduced on a pro rata basis or eliminated;

              (d) Fourth, if the consolidated tax levy rate still exceeds these limitations, the first fifty cent per thousand dollars of assessed valuation levies for metropolitan park districts created on or after January 1, 2002, shall be reduced on a pro rata basis or eliminated;

              (e) Fifth, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates authorized to regional fire protection service authorities under section 15(1) (b) and (c) of this act and fire protection districts under RCW 52.16.140 and 52.16.160 shall be reduced on a pro rata basis or eliminated; and

              (f) Sixth, if the consolidated tax levy rate still exceeds these limitations, the certified property tax levy rates authorized for regional fire protection service authorities under section 15(1)(a) of this act, fire protection districts under RCW 52.16.130, library districts, metropolitan park districts created before January 1, 2002, under their first fifty cent per thousand dollars of assessed valuation levy, and public hospital districts under their first fifty cent per thousand dollars of assessed valuation levy, shall be reduced on a pro rata basis or eliminated.

              In determining whether the aggregate rate of tax levy on any property, that is subject to the limitations set forth in RCW 84.52.050, exceeds the limitations provided in that section, the assessor shall use the hypothetical state levy, as apportioned to the county under RCW 84.48.080, that was computed under RCW 84.48.080 without regard to the reduction under RCW 84.55.012.


              Sec. 22. RCW 84.52.052 and 2002 c 248 s 16 and 2002 c 180 s 1 are each reenacted and amended to read as follows:

              The limitations imposed by RCW 84.52.050 through 84.52.056, and RCW 84.52.043 shall not prevent the levy of additional taxes by any taxing district, except school districts and fire protection districts, in which a larger levy is necessary in order to prevent the impairment of the obligation of contracts. As used in this section, the term "taxing district" means any county, metropolitan park district, park and recreation service area, park and recreation district, water-sewer district, solid waste disposal district, public facilities district, flood control zone district, county rail district, service district, public hospital district, road district, rural county library district, island library district, rural partial-county library district, intercounty rural library district, cemetery district, city, town, transportation benefit district, emergency medical service district with a population density of less than one thousand per square mile, cultural arts, stadium, regional fire protection service authority, and convention district, or city transportation authority.

              Any such taxing district may levy taxes at a rate in excess of the rate specified in RCW 84.52.050 through 84.52.056 and 84.52.043, or 84.55.010 through 84.55.050, when authorized so to do by the voters of such taxing district in the manner set forth in Article VII, section 2(a) of the Constitution of this state at a special or general election to be held in the year in which the levy is made.

              A special election may be called and the time therefor fixed by the county legislative authority, or council, board of commissioners, or other governing body of any such taxing district, by giving notice thereof by publication in the manner provided by law for giving notices of general elections, at which special election the proposition authorizing such excess levy shall be submitted in such form as to enable the voters favoring the proposition to vote "yes" and those opposed thereto to vote "no."


              Sec. 23. RCW 84.52.069 and 1999 c 224 s 1 are each amended to read as follows:

              (1) As used in this section, "taxing district" means a county, emergency medical service district, city or town, public hospital district, urban emergency medical service district, regional fire protection service authority, or fire protection district.

              (2) A taxing district may impose additional regular property tax levies in an amount equal to fifty cents or less per thousand dollars of the assessed value of property in the taxing district. The tax shall be imposed (a) each year for six consecutive years, (b) each year for ten consecutive years, or (c) permanently. A tax levy under this section must be specifically authorized by a majority of at least three-fifths of the registered voters thereof approving a proposition authorizing the levies submitted at a general or special election, at which election the number of persons voting "yes" on the proposition shall constitute three-fifths of a number equal to forty percent of the total number of voters voting in such taxing district at the last preceding general election when the number of registered voters voting on the proposition does not exceed forty percent of the total number of voters voting in such taxing district in the last preceding general election; or by a majority of at least three-fifths of the registered voters thereof voting on the proposition when the number of registered voters voting on the proposition exceeds forty percent of the total number of voters voting in such taxing district in the last preceding general election. Ballot propositions shall conform with RCW 29.30.111. A taxing district shall not submit to the voters at the same election multiple propositions to impose a levy under this section.

              (3) A taxing district imposing a permanent levy under this section shall provide for separate accounting of expenditures of the revenues generated by the levy. The taxing district shall maintain a statement of the accounting which shall be updated at least every two years and shall be available to the public upon request at no charge.

              (4) A taxing district imposing a permanent levy under this section shall provide for a referendum procedure to apply to the ordinance or resolution imposing the tax. This referendum procedure shall specify that a referendum petition may be filed at any time with a filing officer, as identified in the ordinance or resolution. Within ten days, the filing officer shall confer with the petitioner concerning form and style of the petition, issue the petition an identification number, and secure an accurate, concise, and positive ballot title from the designated local official. The petitioner shall have thirty days in which to secure the signatures of not less than fifteen percent of the registered voters of the taxing district, as of the last general election, upon petition forms which contain the ballot title and the full text of the measure to be referred. The filing officer shall verify the sufficiency of the signatures on the petition and, if sufficient valid signatures are properly submitted, shall certify the referendum measure to the next election within the taxing district if one is to be held within one hundred eighty days from the date of filing of the referendum petition, or at a special election to be called for that purpose in accordance with RCW 29.13.020.

              The referendum procedure provided in this subsection shall be exclusive in all instances for any taxing district imposing the tax under this section and shall supersede the procedures provided under all other statutory or charter provisions for initiative or referendum which might otherwise apply.

              (5) Any tax imposed under this section shall be used only for the provision of emergency medical care or emergency medical services, including related personnel costs, training for such personnel, and related equipment, supplies, vehicles and structures needed for the provision of emergency medical care or emergency medical services.

              (6) If a county levies a tax under this section, no taxing district within the county may levy a tax under this section. If a regional fire protection service authority imposes a tax under this section, no other taxing district that is a participating fire protection jurisdiction in the regional fire protection service authority may levy a tax under this section. No other taxing district may levy a tax under this section if another taxing district has levied a tax under this section within its boundaries: PROVIDED, That if a county levies less than fifty cents per thousand dollars of the assessed value of property, then any other taxing district may levy a tax under this section equal to the difference between the rate of the levy by the county and fifty cents: PROVIDED FURTHER, That if a taxing district within a county levies this tax, and the voters of the county subsequently approve a levying of this tax, then the amount of the taxing district levy within the county shall be reduced, when the combined levies exceed fifty cents. Whenever a tax is levied county- wide, the service shall, insofar as is feasible, be provided throughout the county: PROVIDED FURTHER, That no county-wide levy proposal may be placed on the ballot without the approval of the legislative authority of each city exceeding fifty thousand population within the county: AND PROVIDED FURTHER, That this section and RCW 36.32.480 shall not prohibit any city or town from levying an annual excess levy to fund emergency medical services: AND PROVIDED, FURTHER, That if a county proposes to impose tax levies under this section, no other ballot proposition authorizing tax levies under this section by another taxing district in the county may be placed before the voters at the same election at which the county ballot proposition is placed: AND PROVIDED FURTHER, That any taxing district emergency medical service levy that is limited in duration and that is authorized subsequent to a county emergency medical service levy that is limited in duration, shall expire concurrently with the county emergency medical service levy.

              (7) The limitations in RCW 84.52.043 shall not apply to the tax levy authorized in this section.

              (8) If a ballot proposition approved under subsection (2) of this section did not impose the maximum allowable levy amount authorized for the taxing district under this section, any future increase up to the maximum allowable levy amount must be specifically authorized by the voters in accordance with subsection (2) of this section at a general or special election.

              (9) The limitation in RCW 84.55.010 shall not apply to the first levy imposed pursuant to this section following the approval of such levy by the voters pursuant to subsection (2) of this section.

              (10) For purposes of this section, the following definitions apply:

              (a) "Fire protection jurisdiction" means a fire protection district, city, town, Indian tribe, or port district; and

              (b) "Participating fire protection jurisdiction" means a fire protection district, city, town, Indian tribe, or port district that is represented on the governing board of a regional fire protection service authority.


              NEW SECTION. Sec. 24. (1) The governing board of a regional fire protection service authority may by resolution, as authorized in the plan and approved by the voters, for authority purposes authorized by law, fix and impose a benefit charge on personal property and improvements to real property which are located within the authority on the date specified and which have received or will receive the benefits provided by the authority, to be paid by the owners of the properties. A benefit charge does not apply to personal property and improvements to real property owned or used by any recognized religious denomination or religious organization as, or including, a sanctuary or for purposes related to the bona fide religious ministries of the denomination or religious organization, including schools and educational facilities used for kindergarten, primary, or secondary educational purposes or for institutions of higher education and all grounds and buildings related thereto. However, a benefit charge does apply to personal property and improvements to real property owned or used by any recognized religious denomination or religious organization for business operations, profit-making enterprises, or activities not including use of a sanctuary or related to kindergarten, primary, or secondary educational purposes or for institutions of higher education. The aggregate amount of these benefit charges in any one year may not exceed an amount equal to sixty percent of the operating budget for the year in which the benefit charge is to be collected. It is the duty of the county legislative authority or authorities of the county or counties in which the regional fire protection service authority is located to make any necessary adjustments to assure compliance with this limitation and to immediately notify the governing board of an authority of any changes thereof.

              (2) A benefit charge imposed must be reasonably proportioned to the measurable benefits to property resulting from the services afforded by the authority. It is acceptable to apportion the benefit charge to the values of the properties as found by the county assessor or assessors modified generally in the proportion that fire insurance rates are reduced or entitled to be reduced as the result of providing the services. Any other method that reasonably apportions the benefit charges to the actual benefits resulting from the degree of protection, which may include but is not limited to the distance from regularly maintained fire protection equipment, the level of fire prevention services provided to the properties, or the need of the properties for specialized services, may be specified in the resolution and is subject to contest on the grounds of unreasonable or capricious action or action in excess of the measurable benefits to the property resulting from services afforded by the authority. The governing board of an authority may determine that certain properties or types or classes of properties are not receiving measurable benefits based on criteria they establish by resolution. A benefit charge authorized by this chapter is not applicable to the personal property or improvements to real property of any individual, corporation, partnership, firm, organization, or association maintaining a fire department and whose fire protection and training system has been accepted by a fire insurance underwriter maintaining a fire protection engineering and inspection service authorized by the state insurance commissioner to do business in this state, but the property may be protected by the authority under a contractual agreement.

              (3) For administrative purposes, the benefit charge imposed on any individual property may be compiled into a single charge, provided that the authority, upon request of the property owner, provide an itemized list of charges for each measurable benefit included in the charge.

              (4) For the purposes of this section and sections 25 through 33 of this act, the following definitions apply:

              (a)(i) "Personal property" includes every form of tangible personal property including, but not limited to, all goods, chattels, stock in trade, estates, or crops.

              (ii) "Personal property" does not include any personal property used for farming, field crops, farm equipment, or livestock.

              (b) "Improvements to real property" does not include permanent growing crops, field improvements installed for the purpose of aiding the growth of permanent crops, or other field improvements normally not subject to damage by fire.


              NEW SECTION. Sec. 25. All personal property not assessed and subjected to ad valorem taxation under Title 84 RCW, all property under contract or for which the regional fire protection service authority is receiving payment for as authorized by law, all property subject to chapter 54.28 RCW, and all property that is subject to a contract for services with an authority, is exempt from the benefit charge imposed under this chapter.


              NEW SECTION. Sec. 26. (1) The resolution establishing benefit charges as specified in section 24 of this act must specify, by legal geographical areas or other specific designations, the charge to apply to each property by location, type, or other designation, or other information that is necessary to the proper computation of the benefit charge to be charged to each property owner subject to the resolution.

              (2) The county assessor of each county in which the regional fire protection service authority is located shall determine and identify the personal properties and improvements to real property that are subject to a benefit charge in each authority and shall furnish and deliver to the county treasurer of that county a listing of the properties with information describing the location, legal description, and address of the person to whom the statement of benefit charges is to be mailed, the name of the owner, and the value of the property and improvements, together with the benefit charge to apply to each. These benefit charges must be certified to the county treasurer for collection in the same manner that is used for the collection of fire protection charges for forest lands protected by the department of natural resources under RCW 76.04.610 and the same penalties and provisions for collection apply.


              NEW SECTION. Sec. 27. Each regional fire protection service authority shall contract, prior to the imposition of a benefit charge, for the administration and collection of the benefit charge by each county treasurer, who shall deduct a percentage, as provided by contract to reimburse the county for expenses incurred by the county assessor and county treasurer in the administration of the resolution and this chapter. The county treasurer shall make distributions each year, as the charges are collected, in the amount of the benefit charges imposed on behalf of each authority, less the deduction provided for in the contract.


              NEW SECTION. Sec. 28. (1) Notwithstanding any other provision in this chapter to the contrary, any benefit charge authorized by this chapter is not effective unless a proposition to impose the benefit charge is approved by a sixty percent majority of the voters of the regional fire protection service authority voting at a general election or at a special election called by the authority for that purpose, held within the authority. An election held under this section must be held not more than twelve months prior to the date on which the first charge is to be assessed. A benefit charge approved at an election expires in six years or fewer as authorized by the voters, unless subsequently reapproved by the voters.

              (2) The ballot must be submitted so as to enable the voters favoring the authorization of a regional fire protection service authority benefit charge to vote "Yes" and those opposed to vote "No." The ballot question is as follows:

 

"Shall . . . . . . the regional fire protection service authority composed of (insert the participating fire protection jurisdictions) . . . . . be authorized to impose benefit charges each year for . . . . (insert number of years not to exceed six) years, not to exceed an amount equal to sixty percent of its operating budget, and be prohibited from imposing an additional property tax under RCW . . . (section 15(1)(c) of this act)?

 

              YES      NO

                          □"

              (3) Authorities renewing the benefit charge may elect to use the following alternative ballot:

 

"Shall . . . . . the regional fire protection service authority composed of (insert the participating fire protection jurisdictions) . . . . . . be authorized to continue voter-authorized benefit charges each year for . . . . (insert number of years not to exceed six) years, not to exceed an amount equal to sixty percent of its operating budget, and be prohibited from imposing an additional property tax under RCW . . . (section 15(1)(c) of this act)?

 

              YES      NO

                          □"


              NEW SECTION. Sec. 29. (1) Not fewer than ten days nor more than six months before the election at which the proposition to impose the benefit charge is submitted as provided in this chapter, the governing board of the regional fire protection service authority shall hold a public hearing specifically setting forth its proposal to impose benefit charges for the support of its legally authorized activities that will maintain or improve the services afforded in the authority. A report of the public hearing shall be filed with the county treasurer of each county in which the property is located and be available for public inspection.

              (2) Prior to November 15th of each year the governing board of the authority shall hold a public hearing to review and establish the regional fire protection service authority benefit charges for the subsequent year.

              (3) All resolutions imposing or changing the benefit charges must be filed with the county treasurer or treasurers of each county in which the property is located, together with the record of each public hearing, before November 30th immediately preceding the year in which the benefit charges are to be collected on behalf of the authority.

              (4) After the benefit charges have been established, the owners of the property subject to the charge must be notified of the amount of the charge.


              NEW SECTION. Sec. 30. A regional fire protection service authority that imposes a benefit charge under this chapter shall not impose all or part of the property tax authorized under section 15(1)(c) of this act.


              NEW SECTION. Sec. 31. After notice has been given to the property owners of the amount of the charge, the governing board of a regional fire protection service authority imposing a benefit charge under this chapter shall form a review board for at least a two-week period and shall, upon complaint in writing of an aggrieved party owning property in the authority, reduce the charge of a person who, in their opinion, has been charged too large a sum, to a sum or amount as they believe to be the true, fair, and just amount.


              NEW SECTION. Sec. 32. The Washington fire commissioners association, as soon as practicable, shall draft a model resolution to impose the regional fire protection service authority benefit charge authorized by this chapter and may provide assistance to authorities in the establishment of a program to develop benefit charges.


              NEW SECTION. Sec. 33. A person who is receiving the exemption contained in RCW 84.36.381 through 84.36.389 is exempt from any legal obligation to pay a portion of the benefit charge imposed under this chapter as follows:

              (1) A person who meets the income limitation contained in RCW 84.36.381(5)(a) and does not meet the income limitation contained in RCW 84.36.381(5)(b) (i) or (ii) is exempt from twenty-five percent of the charge;

              (2) A person who meets the income limitation contained in RCW 84.36.381(5)(b)(i) is exempt from fifty percent of the charge; and

              (3) A person who meets the income limitation contained in RCW 84.36.381(5)(b)(ii) shall be exempt from seventy-five percent of the charge.


              Sec. 34. RCW 35.21.766 and 1975 1st ex.s. c 24 s 1 are each amended to read as follows:

              Whenever a regional fire protection service authority or the legislative authority of any city or town determines that the fire protection jurisdictions that are members of the authority or the city or town or a substantial portion of the city or town is not adequately served by existing private ambulance service, the governing board of the authority may by resolution, or the legislative authority of the city or town may by appropriate legislation, provide for the establishment of a system of ambulance service to be operated by the authority as a public utility of the city or town, or operated by contract after a call for bids.


              NEW SECTION. Sec. 35. CAPTIONS. Captions used in this act are not any part of the law.


              NEW SECTION. Sec. 36. CODIFICATION. Sections 1 through 12, 14 through 18, and 24 through 33 of this act constitute a new chapter in Title 52 RCW.


              NEW SECTION. Sec. 37. SEVERABILITY. 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."

Signed by Representatives Gombosky, Chairman; McIntire, Vice Chairman; Cairnes, Ranking Minority Member; Orcutt, Assistant Ranking Minority Member; Conway; Morris and Santos.

 

MINORITY recommendation: Do not pass. Signed by Representatives Ahern and Roach.


             Passed to Committee on Rules for second reading.

April 4, 2003

SSB 5345          Prime Sponsor, Senate Committee On Agriculture: Excluding certain drainage infrastructure from fishway provisions. Reported by Committee on Agriculture & Natural Resources

 

MAJORITY recommendation: Do pass as amended.


              Strike everything after the enacting clause and insert the following:


              "NEW SECTION. Sec. 1. (1) The legislature finds that agriculture is a key industry for the state. The legislature also finds that agriculture is a way of life for many people whose families settled lands in the state and have actively farmed them for generations. The legislature further finds that agriculture is a cultural and historical component of many communities and represents the societal and economic foundation of many rural areas in Washington. In addition, the legislature finds that agricultural lands provide key wildlife habitat and open space for the enjoyment and economic benefit of the people of Washington.

              (2) The legislature also finds that salmon recovery is a priority in Washington. The legislature recognizes that the listings of salmon and steelhead runs in Washington under the federal endangered species act (16 U.S.C. Sec. 1531 et seq.) may impose obligations on state and local governments, as well as the citizens of Washington, to undertake recovery efforts to facilitate salmon recovery in the state. In addition to satisfying legal obligations, the legislature recognizes the importance of salmon recovery for sport, commercial, and tribal fishing industries, to respect the cultural importance of salmon to tribes and to the state, and for the economic vitality of many areas of the state. The legislature further recognizes that numerous efforts are under way across the state to promote fish habitat restoration and that millions of dollars of public funds have been dedicated to these efforts.

              (3) The legislature further finds that agricultural lands and the agricultural industry can play an important role in salmon recovery. The legislature recognizes that all local governments are required by the growth management act, chapter 36.70A RCW, to designate agricultural lands of long-term commercial significance and that local governments planning under RCW 36.70A.040 are required to designate and protect these lands. The legislature also recognizes that agricultural lands, by being protected from development that will impair critical salmon habitat, are both an economic and an environmental resource for the state.

              (4) The legislature declares that the productivity of agricultural lands cannot be sacrificed. The legislature finds that economic circumstances in the agricultural industry, encroaching development on agricultural lands and adjacent lands, and the restrictions imposed on farming in various land use and environmental regulations have resulted in significant losses of agricultural lands in this state. The legislature therefore declares that it is in the best interest of the state to establish policies that result in no net loss of the state's agricultural land base. The legislature also declares that it is in the best interest of the state to implement the hydraulics program and fish passage laws in ways that preserve the agricultural land base, including cooperative agreements between the department of fish and wildlife and affected landowners, and that achieve mutual landowner and fish habitat goals.

              (5) The legislature finds that the hydraulic project approval provisions of this chapter have recently been implemented in ways that required restoration of salmon habitat by converting existing agricultural land. The legislature also finds that this has resulted in financial losses for agricultural producers and potential damage to previously productive agricultural land in Skagit county. The legislature further finds that failure to reconcile the goals of protecting agricultural lands of long-term commercial significance and fish passage requirements may lead to future damage to and potentially loss of productive agricultural lands in Skagit and other Washington counties.

              (6) The legislature finds that efforts to restore salmon habitat should look first to opportunities that exist on public lands. The legislature recognizes the importance of restoring salmon habitat as part of the state's overall strategy for recovering salmon. The legislature also finds that public lands play a key role in the state's salmon recovery efforts and that the use of public lands can assist the state in this effort without raising concerns about potential impacts on private property rights.

              (7) The legislature therefore declares that the purposes of this act are to:

              (a) Clarify the purpose of the fishway and hydraulic project approval requirements of chapter 77.55 RCW as applied to works and projects related to drainage infrastructure including tide gates, flood gates, and pump stations;

              (b) Create demonstration projects on specified streams to assess the effectiveness of self-regulating tide gates in achieving fish passage and to test their impact, if any, on surrounding agricultural lands;

              (c) Prioritize the use of public lands for fish habitat restoration projects; and

              (d) Establish a task force to review issues regarding the implementation of fishway and hydraulic project approval requirements as they relate to designated agricultural lands, analyze the effectiveness of the demonstration projects for fish habitat restoration, and report any legislative recommendations to the legislature.


              Sec. 2. RCW 77.55.060 and 1998 c 190 s 86 are each amended to read as follows:

              (1) Subject to subsection (3) of this section, a dam or other obstruction across or in a stream shall be provided with a durable and efficient fishway approved by the director. Plans and specifications shall be provided to the department prior to the director's approval. The fishway shall be maintained in an effective condition and continuously supplied with sufficient water to freely pass fish.

              (2) If a person fails to construct and maintain a fishway or to remove the dam or obstruction in a manner satisfactory to the director, then within thirty days after written notice to comply has been served upon the owner, his or her agent, or the person in charge, the director may construct a fishway or remove the dam or obstruction. Expenses incurred by the department constitute the value of a lien upon the dam and upon the personal property of the person owning the dam. Notice of the lien shall be filed and recorded in the office of the county auditor of the county in which the dam or obstruction is situated. The lien may be foreclosed in an action brought in the name of the state.

              If, within thirty days after notice to construct a fishway or remove a dam or obstruction, the owner, his or her agent, or the person in charge fails to do so, the dam or obstruction is a public nuisance and the director may take possession of the dam or obstruction and destroy it. No liability shall attach for the destruction.

              (3) For the purposes of this section, "other obstruction" does not include tide gates or flood gates that were originally installed as part of an agricultural drainage system on or before the effective date of this section or the repair, replacement, or improvement of such tide gates or flood gates.


              Sec. 3. RCW 77.55.100 and 2002 c 368 s 2 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 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 or unreasonably conditioned.

              (2)(a) 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. The permit must contain provisions allowing for minor modifications to the plans and specifications without requiring reissuance of the permit.

              (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:

              (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;

              (ii) The site is physically inaccessible for inspection; or

              (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 (5)(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)(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 77.55.110, "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.

              (6) 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.

              (7) 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 77.55.110.

              A landscape management plan approved by the department and the department of natural resources under RCW 76.09.350(2), shall serve as a hydraulic project approval for the life of the plan if fish are selected as one of the public resources for coverage under such a plan.

              (8) For the purposes of this section and RCW 77.55.110, "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.

              (9) 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.

              (10) The department shall not require the installation of a self- regulating tide gate as a condition of hydraulic project approval for maintenance or replacement of agricultural drainage systems under this section unless the condition is consistent with a salmon recovery plan adopted according to chapter 77.85 RCW or a plan developed according to section 12 of this act, the affected landowners and the associated special taxing districts under RCW 85.38.180 have agreed to the installation, and all impacts have been fully compensated. Any condition requiring a self-regulating tide gate to achieve fish passage in an existing hydraulic project approval may not be enforced.


              Sec. 4. RCW 77.55.110 and 2002 c 368 s 3 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 other work that diverts water for agricultural irrigation or stock watering purposes, 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, and when such diversion or streambank stabilization will use, divert, obstruct, or change the natural flow or bed of any river or stream or will utilize any waters of the state or materials from the stream beds, the person or government agency shall, before commencing construction or work thereon and to ensure the proper protection of fish life, secure a written approval from the department as to the adequacy of the means proposed for the protection of fish life. This approval shall not be unreasonably withheld or unreasonably conditioned.

              (2) The department shall grant or deny the approval 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. The permit must contain provisions allowing for minor modifications to the plans and specifications without requiring reissuance of the permit. The applicant may document receipt of application by filing in person or by registered mail.

              (3) A complete application for an approval shall contain general plans for the overall project, complete plans and specifications of the proposed construction or work within ordinary high water line, and complete plans and specifications for the proper protection of fish life.

              (4)(a) 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.

              (b) 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.

              (5) An approval shall remain in effect without need for periodic renewal for projects that divert water for agricultural irrigation or stock watering purposes and that involve seasonal construction or other work. Approval for streambank stabilization projects shall remain in effect without need for periodic renewal if the problem causing the need for the streambank stabilization occurs on an annual or more frequent basis. The permittee must notify the appropriate agency before commencing the construction or other work within the area covered by the approval.

              (6) 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.

              (7) 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. Issuance, denial, conditioning, or modification shall be appealable to the hydraulic appeals board established in RCW 43.21B.005 within thirty days of the notice of decision. The burden shall be upon the department to show that the denial or conditioning of an approval is solely aimed at the protection of fish life.

              (8) The department may, after consultation with the permittee, modify an approval due to changed conditions. The modifications shall become effective unless appealed to the hydraulic appeals board within thirty days from the notice of the proposed modification. The burden is on the department to show that changed conditions warrant the modification in order to protect fish life.

              (9) A permittee may request modification of an approval due to changed conditions. The request shall be processed within forty-five calendar days of receipt of the written request. A decision by the department may be appealed to the hydraulic appeals board within thirty days of the notice of the decision. The burden is on the permittee to show that changed conditions warrant the requested modification and that such modification will not impair fish life.

              (10) 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 shall be reduced to writing within thirty days and complied with as provided for in this section.

              (11) For purposes of this chapter, "streambank stabilization" shall include but not be limited to log and debris removal, bank protection (including riprap, jetties, and groins), gravel removal and erosion control.

              (12) The department shall not require the installation of a self- regulating tide gate as a condition of hydraulic project approval for maintenance or replacement of agricultural drainage systems under this section unless the condition is consistent with a salmon recovery plan adopted according to chapter 77.85 RCW or a plan developed according to section 12 of this act, the affected landowners and the associated special taxing districts under RCW 85.38.180 have agreed to the installation, and all impacts have been fully compensated. Any condition requiring a self-regulating tide gate to achieve fish passage in an existing hydraulic project approval may not be enforced.


              NEW SECTION. Sec. 5. A new section is added to chapter 77.55 RCW to read as follows:

              The department shall comply with the requirements of this section when imposing conditions on approvals issued according to RCW 77.55.100 or 77.55.110 or during implementation of fish passage requirements according to RCW 77.55.060 for any project or work on or related to drainage infrastructure on lands designated as agricultural lands of long-term commercial significance according to chapter 36.70A RCW. The department shall:

              (1) Employ a standard of no net loss of agricultural activity on lands designated as agricultural lands of long-term commercial significance according to chapter 36.70A RCW when interpreting the requirements of this section. When assessing the impacts of projects under this section, the department shall establish mechanisms, create conditions, and design strategies to effectuate this standard;

              (2) Consider the quantity and quality of habitat necessary to ensure fish protection within the watershed of the work or project being considered as identified in assessments and plans prepared pursuant to sections 10 through 12 of this act or chapter 77.85 RCW;

              (3) Prepare an environmental assessment of the benefits of the condition for fish protection and of the impacts to drainage infrastructure on designated agricultural lands and on public or private drainage or other infrastructure;

              (4) Prepare an economic assessment of the costs of any impacts to drainage infrastructure on designated agricultural lands identified in subsection (2) of this section, including loss of agricultural crops or soil productivity, financial loss associated with crop failure, loss in market value or other financial impacts to the land, and an economic assessment of any impacts to or loss of public or private drainage or other infrastructure;

              (5) Identify a source or source of funding of any financial impacts to designated agricultural lands determined according to subsection (4) of this section; and

              (6) Determine the potential for a voluntary agreement made according to RCW 77.55.300 to provide adequate fish protection within the watershed or for habitat restoration programs or efforts within or outside of the watershed to address fish protection needs.


              Sec. 6. RCW 77.55.280 and 2001 c 253 s 54 are each amended to read as follows:

              (1) When a private landowner is applying for hydraulic project approval under this chapter and that landowner has entered into a habitat incentives agreement with the department and the department of natural resources as provided in RCW 77.55.300, the department shall comply with the terms of that agreement when evaluating the request for hydraulic project approval.

              (2) Chapter . . ., Laws of 2003 (this act) does not limit the ability of the department and a private landowner or, if applicable, an associated special taxing district under RCW 85.38.180, to enter into a voluntary habitat incentives agreement under this section.


              Sec. 7. RCW 77.55.290 and 2001 c 253 s 55 are each amended to read as follows:

              (1) In order to receive the permit review and approval process created in this section, a fish habitat enhancement project must meet the criteria under (a) and (b) of this subsection:

              (a) A fish habitat enhancement project must be a project to accomplish one or more of the following tasks:

              (i) Elimination of human-made fish passage barriers, including culvert repair and replacement;

              (ii) Restoration of an eroded or unstable stream bank employing the principle of bioengineering, including limited use of rock as a stabilization only at the toe of the bank, and with primary emphasis on using native vegetation to control the erosive forces of flowing water; or

              (iii) Placement of woody debris or other instream structures that benefit naturally reproducing fish stocks.

              The department shall develop size or scale threshold tests to determine if projects accomplishing any of these tasks should be evaluated under the process created in this section or under other project review and approval processes. A project proposal shall not be reviewed under the process created in this section if the department determines that the scale of the project raises concerns regarding public health and safety; and

              (b) A fish habitat enhancement project must be approved in one of the following ways:

              (i) By the department pursuant to chapter 77.95 or 77.100 RCW;

              (ii) By the sponsor of a watershed restoration plan as provided in chapter 89.08 RCW;

              (iii) By the department as a department-sponsored fish habitat enhancement or restoration project;

              (iv) Through the review and approval process for the jobs for the environment program;

              (v) Through the review and approval process for conservation district-sponsored projects, where the project complies with design standards established by the conservation commission through interagency agreement with the United States fish and wildlife service and the natural resource conservation service;

              (vi) Through a formal grant program established by the legislature or the department for fish habitat enhancement or restoration; and

              (vii) Through other formal review and approval processes established by the legislature.

              (2) Fish habitat enhancement projects meeting the criteria of subsection (1) of this section are expected to result in beneficial impacts to the environment. Decisions pertaining to fish habitat enhancement projects meeting the criteria of subsection (1) of this section and being reviewed and approved according to the provisions of this section are not subject to the requirements of RCW 43.21C.030(2)(c).

              (3) Hydraulic project approval is required for projects that meet the criteria of subsection (1) of this section and are being reviewed and approved under this section. An applicant shall use a joint aquatic resource permit application form ((developed by the department of ecology permit assistance center)) to apply for approval under this chapter. On the same day, the applicant shall provide copies of the completed application form to the department and to each appropriate local government. Local governments shall accept the application as notice of the proposed project. The department shall provide a fifteen-day comment period during which it will receive comments regarding environmental impacts. In no more than forty-five days, the department shall either issue hydraulic project approval, with or without conditions, deny approval, or make a determination that the review and approval process created by this section is not appropriate for the proposed project. The department shall base this determination on identification during the comment period of adverse impacts that cannot be mitigated by hydraulic project approval. If the department determines that the review and approval process created by this section is not appropriate for the proposed project, the department shall notify the applicant and the appropriate local governments of its determination. The applicant may reapply for approval of the project under other review and approval processes.

              Any person aggrieved by the approval, denial, conditioning, or modification of hydraulic project approval under this section may formally appeal the decision to the hydraulic appeals board pursuant to the provisions of this chapter.

              (4) No local government may require permits or charge fees for fish habitat enhancement projects that meet the criteria of subsection (1) of this section and that are reviewed and approved according to the provisions of this section.


              Sec. 8. RCW 77.55.300 and 2000 c 107 s 229 are each amended to read as follows:

              (1) ((Beginning in January 1998,)) The department of fish and wildlife and the department of natural resources shall implement a habitat incentives program based on the recommendations of federally recognized Indian tribes, landowners, the regional fisheries enhancement groups, the timber, fish, and wildlife cooperators, and other interested parties. The program shall allow a private landowner to enter into an agreement with the departments to enhance habitat on the landowner's property for food fish, game fish, or other wildlife species. In exchange, the landowner shall receive state regulatory certainty with regard to future applications for hydraulic project approval or a forest practices permit on the property covered by the agreement. The overall goal of the program is to provide a mechanism that facilitates habitat development on private property while avoiding an adverse state regulatory impact to the landowner at some future date. A single agreement between the departments and a landowner may encompass up to one thousand acres. A landowner may enter into multiple agreements with the departments, provided that the total acreage covered by such agreements with a single landowner does not exceed ten thousand acres. The departments are not obligated to enter into an agreement unless the departments find that the agreement is in the best interest of protecting fish or wildlife species or their habitat.

              (2) A habitat incentives agreement shall be in writing and shall contain at least the following: A description of the property covered by the agreement, an expiration date, a description of the condition of the property prior to the implementation of the agreement, and other information needed by the landowner and the departments for future reference and decisions.

              (3) As part of the agreement, the department of fish and wildlife may stipulate the factors that will be considered when the department evaluates a landowner's application for hydraulic project approval under RCW 77.55.100 or 77.55.110 on property covered by the agreement. The department's identification of these evaluation factors shall be in concurrence with the department of natural resources and affected federally recognized Indian tribes. In general, future decisions related to the issuance, conditioning, or denial of hydraulic project approval shall be based on the conditions present on the landowner's property at the time of the agreement, unless all parties agree otherwise.

              (4) As part of the agreement, the department of natural resources may stipulate the factors that will be considered when the department evaluates a landowner's application for a forest practices permit under chapter 76.09 RCW on property covered by the agreement. The department's identification of these evaluation factors shall be in concurrence with the department of fish and wildlife and affected federally recognized Indian tribes. In general, future decisions related to the issuance, conditioning, or denial of forest practices permits shall be based on the conditions present on the landowner's property at the time of the agreement, unless all parties agree otherwise.

              (5) The agreement is binding on and may be used by only the landowner who entered into the agreement with the department. The agreement shall not be appurtenant with the land. However, if a new landowner chooses to maintain the habitat enhancement efforts on the property, the new landowner and the departments may jointly choose to retain the agreement on the property.

              (6) If the departments receive multiple requests for agreements with private landowners under the habitat incentives program, the departments shall prioritize these requests and shall enter into as many agreements as possible within available budgetary resources.

              (7) This section does not abrogate the department's obligation to prioritize the use of public lands for fish habitat restoration projects.

              (8) This section does not authorize the department to impose conditions requiring fish habitat restoration either on or affecting lands designated as agricultural lands of long-term commercial significance according to chapter 36.70A RCW in any approvals issued according to RCW 77.55.100 or 77.55.110 or during implementation of fish passage requirements according to RCW 77.55.060 in the absence of a voluntary agreement entered into according to this section.


              Sec. 9. RCW 77.55.310 and 2001 c 253 s 21 are each amended to read as follows:

              (1) The director may authorize removal, relocation, reconstruction, or other modification of an inadequate fishway or fish protective device required by RCW 77.55.320 which device was in existence on September 1, 1963, without cost to the owner for materials and labor. The modification may not materially alter the amount of water flowing through the fishway or fish protective device. Following modification, the fishway or fish protective device shall be maintained at the expense of the person or governmental agency owning the obstruction or water diversion device.

              (2) This section does not authorize the director to implement or impose fish habitat restoration conditions either on or affecting lands designated as agricultural lands of long-term commercial significance according to chapter 36.70A RCW except as authorized under RCW 77.55.300.


              NEW SECTION. Sec. 10. A new section is added to chapter 77.55 RCW to read as follows:

              Upon written request of the affected owners of land designated as agricultural lands of long-term commercial significance according to chapter 36.70A RCW or the associated special taxing districts under RCW 85.38.180, the department shall provide for the removal of the self- regulating function of any self-regulating tide gate installed because of a condition imposed by the department in an approval issued according to RCW 77.55.100 or 77.55.110 or during implementation of fish passage requirements according to RCW 77.55.060. The department shall make the tide gate removal of the self-regulating function of any self-regulating tide gate a priority and complete the removal within thirty days of receipt of the request of the owner or the associated special taxing district under RCW 85.38.180. The department shall pay for any tide gate removal required by this section within existing resources.


              NEW SECTION. Sec. 11. A new section is added to chapter 77.55 RCW to read as follows:

              (1) A task force is created that shall be composed of the following thirteen members and any members identified in subsection (2) of this section who elect to participate:

              (a) Two members of the house of representatives, one from each major caucus, appointed by the speaker of the house of representatives;

              (b) Two members of the senate, one from each major caucus, appointed by the senate majority leader;

              (c) One representative of the fish and wildlife commission, appointed by the chair of the commission;

              (d) Two representatives of the agricultural industry familiar with agricultural issues in Skagit county, with one appointed by an organization active in Skagit county and one appointed by a statewide organization representing the industry;

              (e) Two representatives of environmental interest organizations with familiarity and expertise in agricultural activities and issues related to approvals issued under this chapter, with one appointed by a Skagit county organization and the other appointed by a statewide organization representing environmental interests;

              (f) One representative of a Skagit county diking and drainage district, appointed by the individual districts in Skagit county or by an association of diking and drainage districts;

              (g) One representative of the lead entity for salmon recovery in Skagit county, appointed by the lead entity;

              (h) One representative of Skagit county, appointed by its legislative authority; and

              (i) One representative from the office of the governor.

              (2) Representatives of the United States environmental protection agency, the United States natural resources conservation service, and tribes with interests in Skagit county shall be invited and encouraged to participate as members of the task force.

              (3) The task force shall convene as soon as possible upon appointment of its members. The task force shall elect a chair and adopt rules for conducting the business of the task force. Staff support for the task force shall be provided by the Washington state conservation commission.

              (4) The task force shall:

              (a) Review and analyze the issues identified in section 1 of this act and the purposes specified in section 1(7) of this act as they relate to Skagit county to determine the effectiveness of chapter . . ., Laws of 2003 (this act) in addressing those issues and achieving those purposes;

              (b) Define the scope, nature, and extent of the assessments listed in section 12 of this act, review the assessments listed in section 13 of this act, develop a methodology to distinguish between facilities in Skagit county that function as drainage infrastructure and those that are passages for fish, and recommend statutory and policy changes to provide fish and wildlife habitat to meet salmon recovery goals while assuring no net loss of the farmland base;

              (c) Identify appropriate demonstration projects on the Skagit river, the Samish river, Carpenter creek, and Colony creek and provide direction on project purpose, duration, monitoring, reporting, and funding; and

              (d) Review and analyze the selection, monitoring, and results of any such demonstration projects.

              (5) Legislative members of the task force shall be reimbursed for travel expenses as provided in RCW 44.04.120. Nonlegislative members of the task force shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

              (6) The first meeting of the task force shall be held within thirty days of the effective date of this act. Beginning in November 2003, the task force shall provide annual reports to the appropriate committees of the legislature with its findings and any legislative recommendations. The task force shall submit a final report and any legislative recommendations to the appropriate committees of the legislature by November 30, 2004.

              (7) This section expires June 30, 2005.


              NEW SECTION. Sec. 12. A new section is added to chapter 77.55 RCW to read as follows:

              (1) The task force may contract with universities, private consultants, nonprofit groups, or other entities to assist it in developing a strategy incorporating the following elements:

              (a) An inventory of existing tide gates located on streams in Skagit county. The inventory shall include location, age, type, and maintenance history of the tide gates and other factors as determined by the task force, the county, and districts;

              (b) An assessment of the role of tide gates located on streams in Skagit county; the role of tidal fish habitat for various life stages of salmon; the quantity and characterization of tidal fish habitat currently accessible to fish; the quantity and characterization of the present tidal fish habitat created at the time the dikes and outlets were constructed; the quantity of potential tidal fish habitat on public lands and alternatives to enhance this habitat; the effects of salt water intrusion on agricultural land, including the effects of backfeeding of salt water through the underground drainage system; the role of tide gates in drainage systems, including relieving excess water from saturated soil and providing reservoir functions between tides; the effect of saturated soils on production of crops; the characteristics of properly functioning tidal fish habitat; the description of agricultural lands designated by the county as having long-term commercial significance and the effect of that designation; and the economic impacts to existing land uses for various alternatives for tide gate alteration; and

              (c) A long-term proposal for fish habitat enhancement to meet the two goals of salmon recovery and no net loss of agricultural lands. The proposal shall consider all other means to achieve salmon recovery without converting farmland. The proposal shall include methods to increase fish passage and enhance habitat on public lands, voluntary methods to increase fish passage on private lands, a priority list of fish passage projects, and recommendations for funding of high priority projects. The task force also may propose pilot projects that will be designed to test and measure the success of various proposed strategies.

              (2) This section expires November 30, 2004.


              NEW SECTION. Sec. 13. A new section is added to chapter 77.55 RCW to read as follows:

              (1) In conjunction with other public landowners, the department shall create a salmon habitat restoration plan for all public lands in Skagit county. The plan shall include a list of public properties that must be restored for salmon, a description of how those properties can be altered to support salmon, a description of costs and sources of funds to restore the property, and a strategy and schedule for prioritizing the restoration of public lands for salmon habitat.

              (2) The department shall make the Skagit public lands salmon habitat restoration plan a priority and complete it by November 30, 2004.


              NEW SECTION. Sec. 14. A new section is added to chapter 77.55 RCW to read as follows:

              As used in this chapter, "tide gate" means a one-way check valve that prevents the backflow of tidal water.


              NEW SECTION. Sec. 15. The legislature does not intend to appropriate additional funds for the implementation of this act and expects all affected state agencies to implement this act's provisions within existing appropriations.


              NEW SECTION. Sec. 16. 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.


              NEW SECTION. Sec. 17. 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 immediately."


              On page 1, line 1 of the title, after "infrastructure;" strike the remainder of the title and insert "amending RCW 77.55.060, 77.55.100, 77.55.110, 77.55.280, 77.55.290, 77.55.300, and 77.55.310; adding new sections to chapter 77.55 RCW; creating new sections; providing expiration dates; and declaring an emergency."

 

Signed by Representatives Linville, Chairman; Rockefeller, Vice Chairman; Schoesler, Ranking Minority Member; Holmquist, Assistant Ranking Minority Member; Chandler; Eickmeyer; Grant; Hunt; Kristiansen; McDermott; Orcutt; Quall and Sump.


             Referred to Committee on Appropriations.

April 4, 2003

ESSB 5352       Prime Sponsor, Senate Committee On Agriculture: Encouraging agricultural conservation programs. (REVISED FOR ENGROSSED: Encouraging agricultural land use conservation programs.) Reported by Committee on Agriculture & Natural Resources

 

MAJORITY recommendation: Do pass as amended.


              Strike everything after the enacting clause and insert the following:


              "NEW SECTION. Sec. 1. The legislature intends to address concerns regarding the conservation reserve enhancement program in the state of Washington in order to promote enrollment in this program."


              Correct the title.

 

Signed by Representatives Linville, Chairman; Rockefeller, Vice Chairman; Kristiansen, Assistant Ranking Minority Member; Eickmeyer; Grant; Hunt; McDermott and Quall.

 

MINORITY recommendation: Do not pass. Signed by Representatives Schoesler, Ranking Minority Member; Holmquist, Assistant Ranking Minority Member; Chandler; Orcutt and Sump.


             Passed to Committee on Rules for second reading.

April 4, 2003

ESSB 5375       Prime Sponsor, Senate Committee On Parks, Fish & Wildlife: Improving the efficiency and predictability of the hydraulic project approval program. Reported by Committee on Fisheries, Ecology & Parks

 

MAJORITY recommendation: Do pass as amended.


              Strike everything after the enacting clause and insert the following:


"PART 1

LEGISLATIVE INTENT AND DEFINITIONS


              NEW SECTION. Sec. 101. The legislature finds that the state has acted to plan for the protection and preservation of fish life by establishing policies that affect the protection of marine and freshwater habitat in the growth management act, the shorelines management act, the forest and fish plan, and the habitat conservation plan.

              The legislature further finds that the state requires the examination of the environmental impacts of construction projects and work in Washington to minimize and mitigate the impact of those projects through the state environmental policy act.

              The legislature further finds that while these various acts regulate the planning and design of upland projects, it is necessary to call on the expertise of the department of fish and wildlife to implement rules governing construction or work activities that occur below the ordinary high water line or other work specifically designated by the legislature in such a manner so as to protect fish life.

              This policy recognizes that all such construction and work is to be permitted in a timely and efficient fashion with an aim toward preserving existing public and private property, preventing damage to the environment, protecting fish life, and permitting the efficient construction of new facilities.


              NEW SECTION. Sec. 102. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

              (1) "Bed" means the land below the ordinary high water lines of state waters. This definition does not include irrigation ditches, canals, storm water runoff devices, or other artificial watercourses except where they exist in a natural watercourse that has been altered by man.

              (2) "Board" means the hydraulic appeals board created in RCW 77.55.170 (as recodified by this act).

              (3) "Commission" means the state fish and wildlife commission.

              (4) "Department" means the department of fish and wildlife.

              (5) "Director" means the director of the department of fish and wildlife.

              (6) "Emergency" means an immediate threat to life, the public, property, or of environmental degradation arising from weather or stream flow conditions or other natural conditions.

              (7) "Hydraulic project" means the construction or performance of work that will use, divert, obstruct, or change the natural flow or bed of any of the salt or freshwaters of the state.

              (8) "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.

              (9) "Marina" means a public or private facility providing boat moorage space, fuel, or commercial services. Commercial services include but are not limited to overnight or live-aboard boating accommodations.

              (10) "Marine terminal" means a public or private commercial wharf located in the navigable water of the state and used, or intended to be used, as a port or facility for the storing, handling, transferring, or transporting of goods to and from vessels.

              (11) "Ordinary high water line" means the mark on the shores of all water that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in ordinary years as to mark upon the soil or vegetation a character distinct from the abutting upland. Provided, that in any area where the ordinary high water line cannot be found, the ordinary high water line adjoining saltwater is the line of mean higher high water and the ordinary high water line adjoining fresh water is the line of mean high water.

              (12) "Permit" means a hydraulic project approval permit issued under this chapter.

              (13) "Sandbars" includes, but is not limited to, sand, gravel, rock, silt, and sediments.

              (14) "Small scale prospecting and mining" means the use of only the following methods: Pans; nonmotorized sluice boxes; concentrators; and minirocker boxes for the discovery and recovery of minerals.

              (15) "Spartina," "purple loosestrife," and "aquatic noxious weeds" have the same meanings as defined in RCW 17.26.020.

              (16) "Streambank stabilization" means those projects that prevent or limit erosion, slippage, and mass wasting. These projects are limited to bank resloping, log and debris relocation or removal, planting of woody vegetation, bank protection using rock or woody material or placement of jetties or groins, gravel removal, or erosion control.

              (17) "Waters of the state" and "state waters" means all salt and fresh waters within the ordinary high water line and within the territorial boundary of the state.


PART 2

DETERMINING HOW TO OBTAIN A HYDRAULIC PROJECT APPROVAL PERMIT


              NEW SECTION. Sec. 201. (1) In the event that any person or government agency desires to undertake a hydraulic project, the person or government agency shall, before commencing work thereon, secure the approval of the department in the form of a permit as to the adequacy of the means proposed for the protection of fish life.

              (2) A complete written application for a permit may be submitted in person or by registered mail and must contain the following:

              (a) General plans for the overall project;

              (b) Complete plans and specifications of the proposed construction or work within the mean higher high water line in saltwater or within the ordinary high water line in freshwater;

              (c) Complete plans and specifications for the proper protection of fish life;

              (d) Notice of compliance with any applicable requirements of the state environmental policy act; and

              (e) Provisions allowing for minor modifications to the plans and specifications without requiring reissuance of the permit as a condition of the application.

              (3)(a) Protection of fish life is the only ground upon which approval of a permit may be denied or conditioned. Approval of a permit may not be unreasonably withheld or unreasonably conditioned. The department has forty-five calendar days upon receipt of a complete application to grant or deny approval of a permit. The forty-five day requirement is suspended if:

              (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;

              (ii) The site is physically inaccessible for inspection;

              (iii) The applicant requests a delay; or

              (iv) The application is not complete.

              (b) 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.

              (4) If the department denies approval of a permit, the department shall provide the applicant a written statement of the specific reasons why and how the proposed project would adversely affect fish life. Issuance, denial, conditioning, or modification of a permit shall be appealable to the board within thirty days of the notice of decision.

              (5)(a) The permittee must demonstrate substantial progress on construction of that portion of the project relating to the permit within two years of the date of issuance.

              (b) Approval of a permit is valid for a period of up to five years from the date of issuance, except as provided in (c) of this subsection and in RCW 77.55.220.

              (c) A permit remains in effect without need for periodic renewal for hydraulic projects that divert water for agricultural irrigation or stock watering purposes and that involve seasonal construction or other work. A permit for streambank stabilization projects to protect farm and agricultural land as defined in RCW 84.34.020 remains in effect without need for periodic renewal if the problem causing the need for the streambank stabilization occurs on an annual or more frequent basis. The permittee must notify the appropriate agency before commencing the construction or other work within the area covered by the permit.

              (6) The department may, after consultation with the permittee, modify a permit due to changed conditions. The modification becomes effective unless appealed to the board within thirty days from the notice of the proposed modification. The burden is on the department to show that changed conditions warrant the modification in order to protect fish life.

              (7) A permittee may request modification of a permit due to changed conditions. The request must be processed within forty-five calendar days of receipt of the written request. A decision by the department may be appealed to the board within thirty days of the notice of the decision. The burden is on the permittee to show that changed conditions warrant the requested modification and that such a modification will not impair fish life.

              (8) The department or the county legislative authority may declare and continue an emergency. The county legislative authority shall immediately notify the department if it declares an emergency under this subsection. The department, through its authorized representatives, shall issue immediately, upon request, oral approval for a stream crossing, or work to remove any obstructions, repair existing structures, restore streambanks, protect fish life, or protect property threatened by the stream or a change in the stream flow without the necessity of obtaining a written permit prior to commencing work. Conditions of the emergency oral permit must be established by the department and reduced to writing within thirty days and complied with as provided for in this chapter. 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.

              (9) All state and local agencies with authority under this chapter to issue permits or other authorizations in connection with emergency water withdrawals and facilities authorized under RCW 43.83B.410 shall expedite the processing of such permits or authorizations in keeping with the emergency nature of such requests and shall provide a decision to the applicant within fifteen calendar days of the date of application.

              (10) The department or the county legislative authority may determine an imminent danger exists. The county legislative authority shall notify the department, in writing, if it determines that an imminent danger exists. In cases of imminent danger, the department shall issue an expedited written permit, upon request, for work to remove any obstructions, repair existing structures, restore banks, protect fish resources, or protect property. Expedited permit requests require a complete written application as provided in subsection (2) of this section and must 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. 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.

              (11) 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. Expedited permit requests require a complete written application as provided in subsection (2) of this section and must 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. 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.


              NEW SECTION. Sec. 202. (1)(a) The department must develop general permits for common or routine activities to improve the predictability and efficiency of the hydraulic project approval program. At a minimum, the department must, by December 2004, develop general permits for the following activities:

              (i) Minor dredging of up to ten yards of sediment from an existing channel, berthing area, or boat ramp;

              (ii) Routine repair and maintenance of tide gates;

              (iii) Replacement of up to sixty pilings including construction of mooring dolphins and fender pilings;

              (iv) Routine repair or maintenance of road and highway structures such as culverts and ditches;

              (v) Routine repair and maintenance of bridge structures below the ordinary high water line; and

              (vi) Geotechnical or exploratory work conducted as part of project planning or development.

              (b) The department may develop additional general permits for in- water construction activities as available resources allow.

              (2) General permits must contain conditions necessary to protect fish life, and must clearly delineate predictable conditions and restrictions that project applicants may incorporate into project design and construction. The department must develop, in consultation with an advisory committee, common technical provisions that must be incorporated into general conditions for each general permit.

              (3) The department shall post electronically and otherwise make generally available the following information for each general permit:

              (a) A description of activities covered;

              (b) The conditions and practices a project applicant must follow to receive coverage under the permit; and

              (c) A notice of intent form for use by applicants to include information on project location and habitat types affected.

              (4) To receive coverage under a general permit, a project applicant must:

              (a) Send a notice of intent to follow the conditions of a general permit to the department twenty-one days before construction is to begin; and

              (b) Post the general permit prominently at the worksite.

              (5) Within ten days of receipt of a notice of intent from a project applicant, the department must notify the applicant of the status of general permit coverage. Status includes permit approval, denial, or conditioning. Issuance, denial, conditioning, or modification of a permit shall be appealable to the board within thirty days of the notice of decision.


              NEW SECTION. Sec. 203. (1) Certain federal and state regulatory review processes may provide review and protection of fish life that is equivalent to the review provided by the department under this chapter. This may include, among other permits, federal review of a project under the endangered species act (16 U.S.C. Sec. 1531 et seq.), a federal permit under section 404 of the federal water pollution control act (33 U.S.C. Sec. 1251 et seq.), state review of a project under section 401 of the federal water pollution control act (33 U.S.C. Sec. 1251 et seq.), or state review of shorelines under chapter 90.58 RCW.

              (2) At any point in project development or permitting, an applicant may submit to the department a notice of intent to proceed under an equivalent regulatory review. The notice must include a description of the project, the habitat impacted, and the equivalent permits required for the project. The director or director's designee shall make a determination regarding the equivalency of other regulatory permits within fifteen days of receiving the notice. If the notice of equivalency is approved, the project is exempt from the requirement to receive hydraulic project approval under this chapter. If the notice of equivalency is denied, the department must provide the applicant, in writing, specific reasons why the other regulatory reviews will not adequately protect fish life. (3) Any person aggrieved by a decision under subsection (2) of this section may appeal the decision according to the provisions of chapter 34.05 RCW.


PART 3

EXEMPTION FROM HYDRAULIC PROJECT APPROVAL


              NEW SECTION. Sec. 301. The act of driving across an established ford is exempt from a permit. Driving across streams or on wetted streambeds at areas other than established fords requires a permit. Work below the ordinary high water line of state waters to construct or repair a ford or crossing requires a permit.


              Sec. 302. RCW 77.55.330 and 2002 c 20 s 4 are each amended to read as follows:

              The removal of derelict fishing gear does not require ((written approval)) a permit under this chapter if the gear is removed according to the guidelines described in RCW 77.12.865.


              NEW SECTION. Sec. 303. (1) An activity conducted solely for the removal or control of spartina does not require a permit.

              (2) An activity conducted solely for the removal or control of purple loosestrife and which is performed with handheld tools, handheld equipment, or equipment carried by a person does not require a permit.


PART 4

COMPLIANCE THROUGH GUIDELINES, AGREEMENTS, AND PAMPHLETS


              Sec. 401. RCW 77.55.150 and 1995 c 255 s 4 are each amended to read as follows:

              (1) ((An activity conducted solely for the removal or control of spartina shall not require hydraulic project approval.

              (2) An activity conducted solely for the removal or control of purple loosestrife and which is performed with hand-held tools, hand- held equipment, or equipment carried by a person when used shall not require hydraulic project approval.

              (3))) By June 30, 1997, the department ((of fish and wildlife)) shall develop rules for projects conducted solely for the removal or control of various aquatic noxious weeds other than spartina and purple loosestrife and for activities or hydraulic projects for controlling purple loosestrife not covered by ((subsection (2))) section 303(2) of this ((section, which projects will use, divert, obstruct, or change the natural flow or bed of any of the salt or fresh waters of the state)) act. Following the adoption of the rules, the department shall produce and distribute a pamphlet describing the methods of removing or controlling the aquatic noxious weeds that are approved under the rules. The pamphlet serves as the ((hydraulic project approval)) permit for any project that is conducted solely for the removal or control of such aquatic noxious weeds and that is conducted as described in the pamphlet((;)). No further ((hydraulic project approval)) permit is required for such a project.

              (2) From time to time as information becomes available, the department shall adopt similar rules for additional aquatic noxious weeds or additional activities for removing or controlling aquatic noxious weeds not governed by ((subsection (1) or (2) of this section)) sections 303 (1) and (2) of this act and shall produce and distribute one or more pamphlets describing these methods of removal or control. Such a pamphlet serves as the ((hydraulic project approval)) permit for any project that is conducted solely for the removal or control of such aquatic noxious weeds and that is conducted as described in the pamphlet((;)). No further ((hydraulic project approval)) permit is required for such a project.

              (((4) As used in this section, "spartina," "purple loosestrife," and "aquatic noxious weeds" have the meanings prescribed by RCW 17.26.020.

              (5))) (3) Nothing in this section shall prohibit the department ((of fish and wildlife)) from requiring a ((hydraulic project approval)) permit for those parts of hydraulic projects that are not specifically for the control or removal of spartina, purple loosestrife, or other aquatic noxious weeds.


              Sec. 402. RCW 77.55.270 and 1997 c 415 s 2 are each amended to read as follows:

              (1) Small scale prospecting and mining shall not require ((written approval)) a permit under this chapter if the prospecting is conducted in accordance with ((provisions)) rules established by the department.

              (2) By December 31, 1998, the department shall adopt rules applicable to small scale prospecting and mining activities subject to this section. The department shall develop the rules in cooperation with the recreational mining community and other interested parties.

              (3) Within two months of adoption of the rules, the department shall distribute an updated gold and fish pamphlet that describes methods of mineral prospecting that are consistent with the department's rule. The pamphlet shall be written to clearly indicate the prospecting methods that require ((written approval)) a permit under this chapter and the prospecting methods that require compliance with the pamphlet. To the extent possible, the department shall use the provisions of the gold and fish pamphlet to minimize the number of specific provisions of a written ((approval)) permit issued under this chapter.

              (((4) For the purposes of this chapter, "small scale prospecting and mining" means only the use of the following methods: Pans, nonmotorized sluice boxes, concentrators, and minirocker boxes for the discovery and recovery of minerals.))


              Sec. 403. RCW 77.55.280 and 2001 c 253 s 54 are each amended to read as follows:

              When a private landowner is applying for ((hydraulic project approval)) a permit under this chapter and that landowner has entered into a habitat incentives agreement with the department and the department of natural resources as provided in RCW 77.55.300 (as recodified by this act), the department shall comply with the terms of that agreement when evaluating the request for ((hydraulic project approval)) a permit.


              Sec. 404. RCW 77.55.300 and 2000 c 107 s 229 are each amended to read as follows:

              (1) Beginning in January 1998, the department ((of fish and wildlife)) and the department of natural resources shall implement a habitat incentives program based on the recommendations of federally recognized Indian tribes, landowners, the regional fisheries enhancement groups, the timber, fish, and wildlife cooperators, and other interested parties. The program shall allow a private landowner to enter into an agreement with the departments to enhance habitat on the landowner's property for food fish, game fish, or other wildlife species. In exchange, the landowner shall receive state regulatory certainty with regard to future applications for ((hydraulic project approval)) a permit or a forest practices permit on the property covered by the agreement. The overall goal of the program is to provide a mechanism that facilitates habitat development on private property while avoiding an adverse state regulatory impact to the landowner at some future date. A single agreement between the departments and a landowner may encompass up to one thousand acres. A landowner may enter into multiple agreements with the departments, provided that the total acreage covered by such agreements with a single landowner does not exceed ten thousand acres. The departments are not obligated to enter into an agreement unless the departments find that the agreement is in the best interest of protecting fish or wildlife species or their habitat.

              (2) A habitat incentives agreement shall be in writing and shall contain at least the following: (a) A description of the property covered by the agreement((,)); (b) an expiration date((,)); (c) a description of the condition of the property prior to the implementation of the agreement((,)); and (d) other information needed by the landowner and the departments for future reference and decisions.

              (3) As part of the agreement, the department ((of fish and wildlife)) may stipulate the factors that will be considered when the department evaluates a landowner's application for ((hydraulic project approval under RCW 77.55.100 or 77.55.110)) a permit on property covered by the agreement. The department's identification of these evaluation factors shall be in concurrence with the department of natural resources and affected federally recognized Indian tribes. In general, future decisions related to the issuance, conditioning, or denial of ((hydraulic project approval shall)) a permit must be based on the conditions present on the landowner's property at the time of the agreement, unless all parties agree otherwise.

              (4) As part of the agreement, the department of natural resources may stipulate the factors that will be considered when the department of natural resources evaluates a landowner's application for a forest practices permit under chapter 76.09 RCW on property covered by the agreement. The ((department's)) department of natural resources' identification of these evaluation factors shall be in concurrence with the department ((of fish and wildlife)) and affected federally recognized Indian tribes. In general, future decisions related to the issuance, conditioning, or denial of forest practices permits shall be based on the conditions present on the landowner's property at the time of the agreement, unless all parties agree otherwise.

              (5) The agreement is binding on and may be used by only the landowner who entered into the agreement with the department. The agreement shall not be appurtenant with the land. However, if a new landowner chooses to maintain the habitat enhancement efforts on the property, the new landowner and the departments may jointly choose to retain the agreement on the property.

              (6) If the departments receive multiple requests for agreements with private landowners under the habitat incentives program, the departments shall prioritize these requests and shall enter into as many agreements as possible within available budgetary resources.


              Sec. 405. RCW 77.55.130 and 2000 c 107 s 18 are each amended to read as follows:

              The department and the department of ecology will work cooperatively with the United States army corps of engineers to develop a memorandum of agreement outlining dike vegetation management guidelines so that dike owners are eligible for coverage under P.L. 84-99, and state requirements established pursuant to ((RCW 77.55.100 and 77.55.110)) section 202 of this act are met.


PART 5

SPECIAL PERMITS


              Sec. 501. RCW 77.55.200 and 1991 c 279 s 1 are each amended to read as follows:

              (1) In order to protect the property of marine waterfront shoreline owners it is necessary to facilitate issuance of ((hydraulic)) permits for bulkheads or rockwalls under certain conditions.

              (2) The department shall issue a ((hydraulic)) permit with or without conditions within forty-five days of receipt of a complete and accurate application which authorizes commencement of construction, replacement, or repair of a marine beach front protective bulkhead or rockwall for single-family type residences or property under the following conditions:

              (a) The waterward face of a new bulkhead or rockwall shall be located only as far waterward as is necessary to excavate for footings or place base rock for the structure and under no conditions shall be located more than six feet waterward of the ordinary high water line;

              (b) Any bulkhead or rockwall to replace or repair an existing bulkhead or rockwall shall be placed along the same alignment as the bulkhead or rockwall it is replacing((;)). However, the replaced or repaired bulkhead or rockwall may be placed waterward of and directly abutting the existing structure only in cases where removal of the existing bulkhead or rockwall would result in environmental degradation or removal problems related to geological, engineering, or safety considerations; and

              (c) Construction of a new bulkhead or rockwall, or replacement or repair of an existing bulkhead or rockwall waterward of the existing structure shall not result in the permanent loss of critical food fish or shellfish habitats; and

              (d) Timing constraints shall be applied on a case-by-case basis for the protection of critical habitats, including but not limited to migration corridors, rearing and feeding areas, and spawning habitats, for the proper protection of fish life.

              (3) Any bulkhead or rockwall construction, replacement, or repair not meeting the conditions in this section shall be processed under this chapter in the same manner as any other application.

              (4) Any person aggrieved by the approval, denial, conditioning, or modification of a ((hydraulic)) permit ((approval)) under this section may formally appeal the decision to the ((hydraulic appeals)) board pursuant to this chapter.


              Sec. 502. RCW 77.55.220 and 2002 c 368 s 7 are each amended to read as follows:

              (1) ((The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.

              (a) "Marina" means a public or private facility providing boat moorage space, fuel, or commercial services. Commercial services include but are not limited to overnight or live-aboard boating accommodations.

              (b) "Marine terminal" means a public or private commercial wharf located in the navigable water of the state and used, or intended to be used, as a port or facility for the storing, handling, transferring, or transporting of goods to and from vessels.

              (2))) For a marina or marine terminal in existence on June 6, 1996, or a marina or marine terminal that has received a ((hydraulic project approval)) permit for its initial construction, a renewable, five-year ((hydraulic project approval)) permit shall be issued, upon request, for regular maintenance activities of the marina or marine terminal.

              (((3))) (2) Upon construction of a new marina or marine terminal that has received ((hydraulic project approval)) a permit, a renewable, five-year ((hydraulic project approval)) permit shall be issued, upon request, for regular maintenance activities of the marina or marine terminal.

              (((4))) (3) For the purposes of this section, regular maintenance activities are only those activities necessary to restore the marina or marine terminal to the conditions approved in the initial ((hydraulic project approval)) permit. These activities may include, but are not limited to, dredging, piling replacement, and float replacement.

              (((5))) (4) The five-year permit must include a requirement that a fourteen-day notice be given to the department before regular maintenance activities begin.


              Sec. 503. RCW 77.55.340 and 2002 c 368 s 4 are each amended to read as follows:

              (1) Notwithstanding any other provision of this chapter, all ((hydraulic project approvals)) permits related to storm water discharges must follow the provisions established in this section.

              (2) ((Hydraulic project approvals)) Permits issued in locations covered by a national pollution discharge elimination system municipal storm water general permit may not be conditioned or denied for water quality or quantity impacts arising from storm water discharges. A ((hydraulic project approval)) permit is required only for the actual construction of any storm water outfall or associated structures pursuant to this chapter.

              (3)(a) In locations not covered by a national pollution discharge elimination system municipal storm water general permit, the department may issue ((hydraulic project approvals)) permits that contain provisions that protect fish life from adverse effects, such as scouring or erosion of the bed of the water body, resulting from the direct hydraulic impacts of the discharge.

              (b) Prior to the issuance of a ((hydraulic project approval)) permit issued under this subsection (3), the department must:

              (i) Make a finding that the discharge from the outfall will cause harmful effects to fish life;

              (ii) Transmit the findings to the applicant and to the city or county where the project is being proposed; and

              (iii) Allow the applicant an opportunity to use local ordinances or other mechanisms to avoid the adverse effects resulting from the direct hydraulic discharge. The forty-five day requirement for ((hydraulic project approval)) permit issuance ((pursuant to RCW 77.55.100)) under section 201 of this act is suspended during the time period the department is meeting the requirements of this subsection (3)(b).

              (c) After following the procedures set forth in (b) of this subsection, the department may issue a ((hydraulic project approval)) permit that prescribes the discharge rates from an outfall structure that will prevent adverse effects to the bed or flow of the waterway. The department may recommend, but not specify, the measures required to meet these discharge rates. The department may not require changes to the project design above the mean higher high water mark of marine waters, or the ordinary high water mark of freshwaters of the state. Nothing in this section alters any authority the department may have to regulate other types of projects under this chapter.


              Sec. 504. RCW 77.55.210 and 1995 c 378 s 14 are each amended to read as follows:

              A ((hydraulic project approval)) permit required by the department for a watershed restoration project as defined in RCW 89.08.460 shall be processed in compliance with RCW 89.08.450 through 89.08.510.


              Sec. 505. RCW 77.55.290 and 2001 c 253 s 55 are each amended to read as follows:

              (1) In order to receive the permit review and approval process created in this section, a fish habitat enhancement project must meet the criteria under (a) and (b) of this subsection:

              (a) A fish habitat enhancement project must be a project to accomplish one or more of the following tasks:

              (i) Elimination of human-made fish passage barriers, including culvert repair and replacement;

              (ii) Restoration of an eroded or unstable streambank employing the principle of bioengineering, including limited use of rock as a stabilization only at the toe of the bank, and with primary emphasis on using native vegetation to control the erosive forces of flowing water; or

              (iii) Placement of woody debris or other instream structures that benefit naturally reproducing fish stocks.

              The department shall develop size or scale threshold tests to determine if projects accomplishing any of these tasks should be evaluated under the process created in this section or under other project review and approval processes. A project proposal shall not be reviewed under the process created in this section if the department determines that the scale of the project raises concerns regarding public health and safety; and

              (b) A fish habitat enhancement project must be approved in one of the following ways:

              (i) By the department pursuant to chapter 77.95 or 77.100 RCW;

              (ii) By the sponsor of a watershed restoration plan as provided in chapter 89.08 RCW;

              (iii) By the department as a department-sponsored fish habitat enhancement or restoration project;

              (iv) Through the review and approval process for the jobs for the environment program;

              (v) Through the review and approval process for conservation district-sponsored projects, where the project complies with design standards established by the conservation commission through interagency agreement with the United States fish and wildlife service and the natural resource conservation service;

              (vi) Through a formal grant program established by the legislature or the department for fish habitat enhancement or restoration; and

              (vii) Through other formal review and approval processes established by the legislature.

              (2) Fish habitat enhancement projects meeting the criteria of subsection (1) of this section are expected to result in beneficial impacts to the environment. Decisions pertaining to fish habitat enhancement projects meeting the criteria of subsection (1) of this section and being reviewed and approved according to the provisions of this section are not subject to the requirements of RCW 43.21C.030(2)(c).

              (3) ((Hydraulic project approval)) (a) A permit is required for projects that meet the criteria of subsection (1) of this section and are being reviewed and approved under this section. An applicant shall use a joint aquatic resource permit application form developed by the ((department of ecology)) permit assistance center to apply for approval under this chapter. On the same day, the applicant shall provide copies of the completed application form to the department and to each appropriate local government. Local governments shall accept the application as notice of the proposed project. The department shall provide a fifteen-day comment period during which it will receive comments regarding environmental impacts. ((In no more than)) Within forty-five days, the department shall either issue ((hydraulic project approval)) a permit, with or without conditions, deny approval, or make a determination that the review and approval process created by this section is not appropriate for the proposed project. The department shall base this determination on identification during the comment period of adverse impacts that cannot be mitigated by ((hydraulic project approval)) the conditioning of a permit. If the department determines that the review and approval process created by this section is not appropriate for the proposed project, the department shall notify the applicant and the appropriate local governments of its determination. The applicant may reapply for approval of the project under other review and approval processes.

              (b) Any person aggrieved by the approval, denial, conditioning, or modification of ((hydraulic project approval)) a permit under this section may formally appeal the decision to the ((hydraulic appeals)) board pursuant to the provisions of this chapter.

              (4) No local government may require permits or charge fees for fish habitat enhancement projects that meet the criteria of subsection (1) of this section and that are reviewed and approved according to the provisions of this section.


              Sec. 506. RCW 77.55.160 and 1998 c 190 s 89 are each amended to read as follows:

              (1) Except for the north fork of the Lewis river and the White Salmon river, all streams and rivers tributary to the Columbia river downstream from McNary dam are established as an anadromous fish sanctuary. This sanctuary is created to preserve and develop the food fish and game fish resources in these streams and rivers and to protect them against undue industrial encroachment.

              (2) Within the sanctuary area:

              (a) The department shall not issue ((hydraulic project approval)) a permit to construct a dam greater than twenty-five feet high within the migration range of anadromous fish as determined by the department.

              (b) A person shall not divert water from rivers and streams in quantities that will reduce the respective stream flow below the annual average low flow, based upon data published in United States geological survey reports.

              (3) The commission may acquire and abate a dam or other obstruction, or acquire any water right vested on a sanctuary stream or river, which is in conflict with the provisions of subsection (2) of this section.

              (4) Subsection (2)(a) of this section does not apply to the sediment retention structure to be built on the North Fork Toutle river by the United States army corps of engineers.


              NEW SECTION. Sec. 507. A landscape management plan approved by the department and the department of natural resources under RCW 76.09.350(2) shall serve as a permit for the life of the plan if fish are selected as one of the public resources for coverage under such a plan.


              Sec. 508. RCW 77.55.010 and 1993 sp.s. c 2 s 28 are each amended to read as follows:

              The department ((of fish and wildlife)), the department of ecology, and the department of natural resources shall jointly develop an informational brochure that describes when permits and any other authorizations are required for flood damage prevention and reduction projects, and recommends ways to best proceed through the various regulatory permitting processes.


              NEW SECTION. Sec. 509. (1) The department shall, at the request of a county, develop five-year maintenance permit 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 sandbars and debris, channel maintenance, and other flood damage repair and reduction activity under agreed-upon conditions and times without obtaining permits for specific projects.

              (2) The department shall, at the request of any person or government agency, develop a renewable five-year maintenance permit agreement or a permit mitigation agreement to allow for work on public and private property for bank stabilization, bridge repair, removal of sandbars and debris, channel maintenance, and other flood damage repair and reduction activity under reasonable, agreed-upon conditions and times without obtaining permits for specific projects.


PART 6

DENIAL OR CONDITIONING OF PERMIT


              Sec. 601. RCW 77.55.350 and 2002 c 368 s 5 are each amended to read as follows:

              Conditions imposed upon ((hydraulic project approvals)) a permit must be reasonably related to the project. The permit conditions must ensure that the project provides proper protection for fish life, but the department may not impose conditions that attempt to optimize conditions for fish life that are out of proportion to the impact of the proposed project.


              Sec. 602. RCW 77.55.230 and 1996 c 276 s 1 are each amended to read as follows:

              (1) The legislature finds that the construction of hydraulic projects may require mitigation for the protection of fish life, and that the mitigation may be most cost-effective and provide the most benefit to the fish resource if the mitigation is allowed to be applied in locations that are off-site of the hydraulic project location. The department may approve off-site mitigation plans that are submitted by hydraulic project permit applicants.

              (2) If a hydraulic project permit applicant proposes off-site mitigation and the department does not approve the hydraulic permit or conditions the permit approval in such a manner as to render off-site mitigation unpracticable, the hydraulic project proponent must be given the opportunity to submit the hydraulic project permit application to the ((hydraulic appeals)) board for approval.


              Sec. 603. RCW 77.55.090 and 2000 c 107 s 15 are each amended to read as follows:

              When reviewing a mitigation plan under ((RCW 77.55.100 or 77.55.110)) section 201 of this act, the department shall, at the request of the project proponent, follow the guidance contained in RCW 90.74.005 through 90.74.030.


              Sec. 604. RCW 77.55.120 and 2000 c 107 s 17 are each amended to read as follows:

              Whenever the placement of woody debris is required as a condition of a ((hydraulic)) permit ((approval)) issued ((pursuant to RCW 77.55.100 or 77.55.110)) under section 201 of this act, the department, upon request, shall invite comment regarding that placement from the local governmental authority, affected tribes, affected federal and state agencies, and the project applicant.


              Sec. 605. RCW 77.55.250 and 2000 c 107 s 21 are each amended to read as follows:

              The department may not require mitigation for adverse impacts on fish life or habitat that occurred at the time a wetland was filled, if the wetland was filled ((under the provisions of RCW 75.20.300)) prior to 1995 for flood control and dredging projects located in the Cowlitz river from mile twenty-two to the confluence with the Columbia river, and in the Toutle river from the mouth to the North Fork Toutle sediment dam site at North Fork mile twelve, and to river mile three on the South Fork Toutle river, and volcano-affected areas of the Columbia river.


PART 7

PENALTIES


              Sec. 701. RCW 77.55.140 and 2000 c 107 s 19 are each amended to read as follows:

              (1) The department may levy civil penalties of up to one hundred dollars per day for violation of any provisions of ((RCW 77.55.100 or 77.55.110)) section 201 of this act. The penalty provided shall be imposed by notice in writing, either by certified mail or personal service to the person incurring the penalty, from the director or the director's designee describing the violation.

              (2) Any person incurring any penalty under this chapter may appeal the same under chapter 34.05 RCW to the director. Appeals shall be filed within thirty days of receipt of notice imposing any penalty.

              (3) The penalty imposed shall become due and payable thirty days after receipt of a notice imposing the penalty unless an appeal is filed. Whenever an appeal of any penalty incurred under this chapter is filed, the penalty shall become due and payable only upon completion of all review proceedings and the issuance of a final order confirming the penalty in whole or in part.

              (4) If the amount of any penalty is not paid within thirty days after it becomes due and payable, the attorney general, upon the request of the director, shall bring an action in the name of the state of Washington in the superior court of Thurston county or of any county in which such violator may do business, to recover such penalty. In all such actions the procedure and rules of evidence shall be the same as an ordinary civil action. All penalties recovered under this section shall be paid into the state's general fund.


PART 8

APPEALS


              NEW SECTION. Sec. 801. (1) An expedited dispute resolution process is created to resolve disputes regarding permits issued or denied under this chapter. The expedited dispute resolution process may be initiated by a project applicant at any point prior to issuance or denial of the final permit. The forty-five day period for permit issuance or denial shall not be suspended while the dispute is resolved.

              (2) When a project applicant requests the expedited dispute resolution process, the department must convene an expedited dispute resolution process committee within fourteen days. The expedited dispute resolution process committee consists of four members:

              (a) The project contractor or engineer;

              (b) A department engineer;

              (c) The department's regional program manager; and

              (d) An engineer or public works official designated by the local government with jurisdiction over the project.

              (3) The expedited dispute resolution process committee must conduct a project review to determine whether the conditions in the proposed permit are reasonable and necessary to protect fish life. By majority vote, the committee may accept the permit conditions, reject the permit conditions and return the permit to the department for subsequent review, or determine alternative conditions to be included in the final permit.

              (4) The department must provide to each project applicant notice of the applicant's right to an expedited dispute resolution process, and the procedures for informal and formal appeal. This information must also include:

              (a) Contact information for the department employee who will be reviewing the project;

              (b) Contact information for the department's regional program manager responsible for overseeing the regional hydraulic project activities at any point prior to the approval or denial of a permit;

              (c) The proper address to which requests for expedited dispute resolution must be sent; and

              (d) The proper address to which informal or formal appeals must be sent.


              NEW SECTION. Sec. 802. (1) Issuance, denial, conditioning, or modification of a permit is appealable to the board within thirty days of the notice of decision.

              (2) The burden of proof shall be upon the department to show that the denial or conditioning of a permit is solely aimed at the protection of fish life.


              Sec. 803. RCW 77.55.170 and 2000 c 107 s 20 are each amended to read as follows:

              (1) There is ((hereby)) created within the environmental hearings office under RCW 43.21B.005 the hydraulic appeals board of the state of Washington.

              (2) The hydraulic appeals board ((shall)) consists of three members: The director of the department of ecology or the director's designee, the director of the department of agriculture or the director's designee, and the director or the director's designee of the department ((whose action is appealed under subsection (6) of this section)). A decision must be agreed to by at least two members of the board to be final.

              (3) The board may adopt rules necessary for the conduct of its powers and duties or for transacting other official business.

              (4) The board shall make findings of fact and prepare a written decision in each case decided by it((, and that)). The finding and decision shall be effective upon being signed by two or more board members and upon being filed at the hydraulic appeals board's principal office, and shall be open to public inspection at all reasonable times.

              (5) The board has exclusive jurisdiction to hear appeals arising from the approval, denial, conditioning, or modification of a ((hydraulic approval)) permit issued by the department((: (a) Under the authority granted in RCW 77.55.110 for the diversion of water for agricultural irrigation or stock watering purposes or when associated with streambank stabilization to protect farm and agricultural land as defined in RCW 84.34.020; or (b) under the authority granted in RCW 77.55.230 for off-site mitigation proposals)).

              (6)(a) Any person aggrieved by the approval, denial, conditioning, or modification of a ((hydraulic approval pursuant to RCW 77.55.110)) permit under section 201 of this act may seek review from the board by filing a request for the same within thirty days of notice of the approval, denial, conditioning, or modification of ((such approval)) the permit.

              (b) The review proceedings authorized in (a) of this subsection are subject to the provisions of chapter 34.05 RCW pertaining to procedures in adjudicative proceedings.


              Sec. 804. RCW 77.55.180 and 1995 c 382 s 7 are each amended to read as follows:

              (1) In all appeals, the ((hydraulic appeals)) board shall have all powers relating to administration of oaths, issuance of subpoenas, and taking of depositions, but such powers shall be exercised in conformity with chapter 34.05 RCW.

              (2) In all appeals, the ((hydraulic appeals)) board, and each member thereof, shall be subject to all duties imposed upon and shall have all powers granted to, an agency by those provisions of chapter 34.05 RCW relating to adjudicative proceedings.

              (3) All proceedings before the ((hydraulic appeals)) board or any of its members shall be conducted in accordance with such rules of practice and procedure as the board may prescribe. Such rules shall be published and distributed.

              (4) Judicial review of a decision of the ((hydraulic appeals)) board may be obtained only pursuant to RCW 34.05.510 through 34.05.598.


PART 9

FISHWAYS, FLOW, AND SCREENING


              Sec. 901. RCW 77.55.040 and 1998 c 190 s 85 are each amended to read as follows:

              (1) A diversion device used for conducting water from a lake, river, or stream for any purpose shall be equipped with a fish guard approved by the director to prevent the passage of fish into the diversion device. The fish guard shall be maintained at all times when water is taken into the diversion device. The fish guards shall be installed at places and times prescribed by the director upon thirty days' notice to the owner of the diversion device.

              (2) Each day the diversion device is not equipped with an approved fish guard is a separate offense. If within thirty days after notice to equip a diversion device the owner fails to do so, the director may take possession of the diversion device and close the device until it is properly equipped. Expenses incurred by the department constitute the value of a lien upon the diversion device and upon the real and personal property of the owner. Notice of the lien shall be filed and recorded in the office of the county auditor of the county in which the action is taken.


              Sec. 902. RCW 77.55.050 and 1993 sp.s. c 2 s 29 are each amended to read as follows:

              It is the policy of this state that a flow of water sufficient to support game fish and food fish populations be maintained at all times in the streams of this state.

              The director of ecology shall give the director notice of each application for a permit to divert or store water. The director has thirty days after receiving the notice to state his or her objections to the application. The permit shall not be issued until the thirty- day period has elapsed.

              The director of ecology may refuse to issue a permit if, in the opinion of the director of ecology, issuing the permit might result in lowering the flow of water in a stream below the flow necessary to adequately support food fish and game fish populations in the stream.

              The provisions of this section shall in no way affect existing water rights.


              Sec. 903. RCW 77.55.060 and 1998 c 190 s 86 are each amended to read as follows:

              (1) A dam or other obstruction across or in a stream shall be provided with a durable and efficient fishway approved by the director. Plans and specifications shall be provided to the department prior to the director's approval. The fishway shall be maintained in an effective condition and continuously supplied with sufficient water to freely pass fish.

              (2) If a person fails to construct and maintain a fishway or to remove the dam or obstruction in a manner satisfactory to the director, then within thirty days after written notice to comply has been served upon the owner, his or her agent, or the person in charge, the director may construct a fishway or remove the dam or obstruction. Expenses incurred by the department constitute the value of a lien upon the dam and upon the personal property of the person owning the dam. Notice of the lien shall be filed and recorded in the office of the county auditor of the county in which the dam or obstruction is situated. The lien may be foreclosed in an action brought in the name of the state.

              (3) If, within thirty days after notice to construct a fishway or remove a dam or obstruction, the owner, his or her agent, or the person in charge fails to do so, the dam or obstruction is a public nuisance and the director may take possession of the dam or obstruction and destroy it. No liability shall attach for the destruction.


              Sec. 904. RCW 77.55.320 and 2001 c 253 s 48 are each amended to read as follows:

              (1) A person shall not divert water from a lake, river, or stream containing game fish unless the water diversion device is equipped at or near its intake with a fish guard or screen to prevent the passage of game fish into the device and, if necessary, with a means of returning game fish from immediately in front of the fish guard or screen to the waters of origin. A person who was, on June 11, 1947, otherwise lawfully diverting water from a lake, river, or stream shall not be deemed guilty of a violation of this section.

              (2) Plans for the fish guard, screen, and bypass shall be approved by the director prior to construction. The installation shall be approved by the director prior to the diversion of water.

              (3) The director or the director's designee may close a water diversion device operated in violation of this section and keep it closed until it is properly equipped with a fish guard, screen, or bypass.


PART 10

MISCELLANEOUS


              NEW SECTION. Sec. 1001. The following sections are each codified or recodified in chapter 77.55 RCW in the following order:

              Section 101 of this act

              Section 102 of this act

              Section 201 of this act

              Section 202 of this act

              Section 203 of this act

              Section 301 of this act

              RCW 77.55.330

              Section 303 of this act

              RCW 77.55.030

              RCW 77.55.360

              RCW 77.55.150

              RCW 77.55.270

              RCW 77.55.020

              RCW 77.55.280

              RCW 77.55.300

              RCW 77.55.130

              RCW 77.55.200

              RCW 77.55.220

              RCW 77.55.340

              RCW 77.55.210

              RCW 77.55.290

              RCW 77.55.160

              Section 507 of this act

              RCW 77.55.010

              Section 509 of this act

              RCW 77.55.350

              RCW 77.55.230

              RCW 77.55.090

              RCW 77.55.120

              RCW 77.55.260

              RCW 77.55.250

              RCW 77.55.140

              Section 801 of this act

              Section 802 of this act

              RCW 77.55.170

              RCW 77.55.180.


              NEW SECTION. Sec. 1002. The following sections are each recodified as a new chapter in Title 77 RCW in the following order:

              RCW 77.55.040

              RCW 77.55.050

              RCW 77.55.060

              RCW 77.55.070

              RCW 77.55.080

              RCW 77.55.310

              RCW 77.55.320

              RCW 77.55.240.


              Sec. 1003. RCW 76.09.050 and 2002 c 121 s 1 are each amended to read as follows:

              (1) The board shall establish by rule which forest practices shall be included within each of the following classes:

              Class I: Minimal or specific forest practices that have no direct potential for damaging a public resource and that may be conducted without submitting an application or a notification except that when the regulating authority is transferred to a local governmental entity, those Class I forest practices that involve timber harvesting or road construction within "urban growth areas," designated pursuant to chapter 36.70A RCW, are processed as Class IV forest practices, but are not subject to environmental review under chapter 43.21C RCW;

              Class II: Forest practices which have a less than ordinary potential for damaging a public resource that may be conducted without submitting an application and may begin five calendar days, or such lesser time as the department may determine, after written notification by the operator, in the manner, content, and form as prescribed by the department, is received by the department. However, the work may not begin until all forest practice fees required under RCW 76.09.065 have been received by the department. Class II shall not include forest practices:

              (a) On lands platted after January 1, 1960, as provided in chapter 58.17 RCW or on lands that have or are being converted to another use;

              (b) Which require approvals under the provisions of the hydraulics act, ((RCW 77.55.100)) section 201 of this act;

              (c) Within "shorelines of the state" as defined in RCW 90.58.030;

              (d) Excluded from Class II by the board; or

              (e) Including timber harvesting or road construction within "urban growth areas," designated pursuant to chapter 36.70A RCW, which are Class IV;

              Class III: Forest practices other than those contained in Class I, II, or IV. A Class III application must be approved or disapproved by the department within thirty calendar days from the date the department receives the application. However, the applicant may not begin work on that forest practice until all forest practice fees required under RCW 76.09.065 have been received by the department;

              Class IV: Forest practices other than those contained in Class I or II: (a) On lands platted after January 1, 1960, as provided in chapter 58.17 RCW, (b) on lands that have or are being converted to another use, (c) on lands which, pursuant to RCW 76.09.070 as now or hereafter amended, are not to be reforested because of the likelihood of future conversion to urban development, (d) involving timber harvesting or road construction on lands that are contained within "urban growth areas," designated pursuant to chapter 36.70A RCW, except where the forest landowner provides: (i) A written statement of intent signed by the forest landowner not to convert to a use other than commercial forest product operations for ten years, accompanied by either a written forest management plan acceptable to the department or documentation that the land is enrolled under the provisions of chapter 84.33 RCW; or (ii) a conversion option harvest plan approved by the local governmental entity and submitted to the department as part of the application, and/or (e) which have a potential for a substantial impact on the environment and therefore require an evaluation by the department as to whether or not a detailed statement must be prepared pursuant to the state environmental policy act, chapter 43.21C RCW. Such evaluation shall be made within ten days from the date the department receives the application: PROVIDED, That nothing herein shall be construed to prevent any local or regional governmental entity from determining that a detailed statement must be prepared for an action pursuant to a Class IV forest practice taken by that governmental entity concerning the land on which forest practices will be conducted. A Class IV application must be approved or disapproved by the department within thirty calendar days from the date the department receives the application, unless the department determines that a detailed statement must be made, in which case the application must be approved or disapproved by the department within sixty calendar days from the date the department receives the application, unless the commissioner of public lands, through the promulgation of a formal order, determines that the process cannot be completed within such period. However, the applicant may not begin work on that forest practice until all forest practice fees required under RCW 76.09.065 have been received by the department.

              Forest practices under Classes I, II, and III are exempt from the requirements for preparation of a detailed statement under the state environmental policy act.

              (2) Except for those forest practices being regulated by local governmental entities as provided elsewhere in this chapter, no Class II, Class III, or Class IV forest practice shall be commenced or continued after January 1, 1975, unless the department has received a notification with regard to a Class II forest practice or approved an application with regard to a Class III or Class IV forest practice containing all information required by RCW 76.09.060 as now or hereafter amended. However, in the event forest practices regulations necessary for the scheduled implementation of this chapter and RCW 90.48.420 have not been adopted in time to meet such schedules, the department shall have the authority to regulate forest practices and approve applications on such terms and conditions consistent with this chapter and RCW 90.48.420 and the purposes and policies of RCW 76.09.010 until applicable forest practices regulations are in effect.

              (3) Except for those forest practices being regulated by local governmental entities as provided elsewhere in this chapter, if a notification or application is delivered in person to the department by the operator or the operator's agent, the department shall immediately provide a dated receipt thereof. In all other cases, the department shall immediately mail a dated receipt to the operator.

              (4) Except for those forest practices being regulated by local governmental entities as provided elsewhere in this chapter, forest practices shall be conducted in accordance with the forest practices regulations, orders and directives as authorized by this chapter or the forest practices regulations, and the terms and conditions of any approved applications.

              (5) Except for those forest practices being regulated by local governmental entities as provided elsewhere in this chapter, the department of natural resources shall notify the applicant in writing of either its approval of the application or its disapproval of the application and the specific manner in which the application fails to comply with the provisions of this section or with the forest practices regulations. Except as provided otherwise in this section, if the department fails to either approve or disapprove an application or any portion thereof within the applicable time limit, the application shall be deemed approved and the operation may be commenced: PROVIDED, That this provision shall not apply to applications which are neither approved nor disapproved pursuant to the provisions of subsection (7) of this section: PROVIDED, FURTHER, That if seasonal field conditions prevent the department from being able to properly evaluate the application, the department may issue an approval conditional upon further review within sixty days: PROVIDED, FURTHER, That the department shall have until April 1, 1975, to approve or disapprove an application involving forest practices allowed to continue to April 1, 1975, under the provisions of subsection (2) of this section. Upon receipt of any notification or any satisfactorily completed application the department shall in any event no later than two business days after such receipt transmit a copy to the departments of ecology and fish and wildlife, and to the county, city, or town in whose jurisdiction the forest practice is to be commenced. Any comments by such agencies shall be directed to the department of natural resources.

              (6) For those forest practices regulated by the board and the department, if the county, city, or town believes that an application is inconsistent with this chapter, the forest practices regulations, or any local authority consistent with RCW 76.09.240 as now or hereafter amended, it may so notify the department and the applicant, specifying its objections.

              (7) For those forest practices regulated by the board and the department, the department shall not approve portions of applications to which a county, city, or town objects if:

              (a) The department receives written notice from the county, city, or town of such objections within fourteen business days from the time of transmittal of the application to the county, city, or town, or one day before the department acts on the application, whichever is later; and

              (b) The objections relate to lands either:

              (i) Platted after January 1, 1960, as provided in chapter 58.17 RCW; or

              (ii) On lands that have or are being converted to another use.

              The department shall either disapprove those portions of such application or appeal the county, city, or town objections to the appeals board. If the objections related to subparagraphs (b)(i) and (ii) of this subsection are based on local authority consistent with RCW 76.09.240 as now or hereafter amended, the department shall disapprove the application until such time as the county, city, or town consents to its approval or such disapproval is reversed on appeal. The applicant shall be a party to all department appeals of county, city, or town objections. Unless the county, city, or town either consents or has waived its rights under this subsection, the department shall not approve portions of an application affecting such lands until the minimum time for county, city, or town objections has expired.

              (8) For those forest practices regulated by the board and the department, in addition to any rights under the above paragraph, the county, city, or town may appeal any department approval of an application with respect to any lands within its jurisdiction. The appeals board may suspend the department's approval in whole or in part pending such appeal where there exists potential for immediate and material damage to a public resource.

              (9) For those forest practices regulated by the board and the department, appeals under this section shall be made to the appeals board in the manner and time provided in RCW 76.09.220(8). In such appeals there shall be no presumption of correctness of either the county, city, or town or the department position.

              (10) For those forest practices regulated by the board and the department, the department shall, within four business days notify the county, city, or town of all notifications, approvals, and disapprovals of an application affecting lands within the county, city, or town, except to the extent the county, city, or town has waived its right to such notice.

              (11) For those forest practices regulated by the board and the department, a county, city, or town may waive in whole or in part its rights under this section, and may withdraw or modify any such waiver, at any time by written notice to the department.


              Sec. 1004. RCW 77.12.865 and 2002 c 20 s 2 are each amended to read as follows:

              (1) As used in this section and RCW 77.12.870, "derelict fishing gear" includes lost or abandoned fishing nets, fishing lines, crab pots, shrimp pots, and other commercial and recreational fishing equipment. The term does not include lost or abandoned vessels.

              (2) The department, in partnership with the Northwest straits commission, the department of natural resources, and other interested parties, must publish guidelines for the safe removal and disposal of derelict fishing gear. The guidelines must be completed by August 31, 2002, and made available to any person interested in derelict fishing gear removal.

              (3) Derelict fishing gear removal conducted in accordance with the guidelines prepared in subsection (2) of this section is not subject to permitting under ((RCW 77.55.100)) section 201 of this act.


              Sec. 1005. RCW 77.65.250 and 2000 c 107 s 46 are each amended to read as follows:

              A hardshell clam mechanical harvester fishery license is required to operate a mechanical or hydraulic device for commercially harvesting clams, other than geoduck clams, unless the requirements of ((RCW 77.55.100)) section 201 of this act are fulfilled for the proposed activity.


              NEW SECTION. Sec. 1006. The following acts or parts of acts are each repealed:

              RCW 77.55.100 (Hydraulic projects or other work--Plans and specifications--Permits--Approval--Emergencies) and 2002 c 368 s 2, 2000 c 107 s 16, & 1998 c 190 s 87;

              RCW 77.55.110 (Hydraulic projects for irrigation, stock watering, or streambank stabilization--Plans and specifications-- Approval--Emergencies) and 2002 c 368 s 3, 1998 c 190 s 88, 1993 sp.s. c 2 s 32, 1991 c 322 s 31, 1988 c 272 s 2, 1988 c 36 s 34, & 1986 c 173 s 2; and

              RCW 77.55.190 (Processing of permits or authorizations for emergency water withdrawal and facilities to be expedited) and 1989 c 171 s 8 & 1987 c 343 s 6.


              NEW SECTION. Sec. 1007. Part headings used in this act are not any part of the law."


              Correct the title.

 

Signed by Representatives Cooper, Chairman; Berkey, Vice Chairman; Sump, Ranking Minority Member; Hinkle, Assistant Ranking Minority Member; Buck; Hatfield and Pearson.

 

MINORITY recommendation: Do not pass. Signed by Representatives O'Brien and Upthegrove.


             Referred to Committee on Appropriations.

April 2, 2003

ESB 5379         Prime Sponsor, Senator Stevens: Revising rules for public access to dependency hearings. Reported by Committee on Children & Family Services

 

MAJORITY recommendation: Do pass as amended.


              Strike everything after the enacting clause and insert the following:


              "Sec. 1. RCW 13.34.115 and 2000 c 122 s 12 are each amended to read as follows:

              (1) All hearings ((may)) shall be public, and conducted at any time or place within the limits of the county, ((and such cases may not be heard in conjunction with other business of any other division of the superior court. The public shall be excluded, and only such persons may be admitted who are found by the judge to have a direct interest in the case or in the work of the court. Unless the court states on the record the reasons to disallow attendance, the court shall allow a child's relatives and, if a child resides in foster care, the child's foster parent, to attend all hearings and proceedings pertaining to the child for the sole purpose of providing oral and written information about the child and the child's welfare to the court)) except if the judge finds that excluding the public is in the best interests of the child.

              (2) At the request of either parent, the court may exclude the public if the judge finds that it is in the best interests of the child.

              (3) If the public is excluded from the hearing, the following people may attend the closed hearing unless the judge finds it is not in the best interests of the child:

              (a) The child's relatives;

              (b) The child's foster parents if the child resides in foster care; and

              (c) Any person requested by the parent.

              (4) Stenographic notes or any device which accurately records the proceedings may be required as provided in other civil cases pursuant to RCW 2.32.200.

              (5) The court may seal the court record if the judge determines it is in the best interests of the child.

              (6) Any electronic record of the proceedings may not be released or opened for public inspection."

 

Signed by Representatives Kagi, Chairman; Darneille, Vice Chairman; Boldt, Ranking Minority Member; Bailey; Dickerson; Miloscia; Pettigrew and Shabro.


             Passed to Committee on Rules for second reading.

April 3, 2003

SSB 5384          Prime Sponsor, Senate Committee On Financial Services, Insurance & Housing: Regulating utility services and connection charges for certain mobile home parks. Reported by Committee on Local Government

 

MAJORITY recommendation: Do pass as amended.


              On page 1, after "(2)" strike all material through "retroactively." on page 2, line 1, and insert "Cities, towns, and counties are prohibited from requiring existing mobile home parks to pay a sewer service availability charge, standby charge, consumption charge, or any other similar types of charges associated with available but unused sewer service, including any interest or penalties for nonpayment or enforcement charges, until the mobile home park connects to the sewer service. This act is remedial in nature and applies retroactively to 1993."

 

Signed by Representatives Romero, Chairman; Upthegrove, Vice Chairman; Schindler, Ranking Minority Member; Jarrett, Assistant Ranking Minority Member; Ahern; Berkey; Clibborn; Edwards; Ericksen; Mielke and Moeller.


             Passed to Committee on Rules for second reading.

April 3, 2003

ESB 5389         Prime Sponsor, Senator Benton: Managing clean and sober housing. Reported by Committee on Judiciary

 

MAJORITY recommendation: Do pass as amended.


              Strike everything after the enacting clause and insert the following:


              "NEW SECTION. Sec. 1. A new section is added to chapter 59.18 RCW to read as follows:

              (1) For the purpose of this section, "drug and alcohol free housing" requires a rental agreement and means a dwelling in which:

              (a) Each of the dwelling units on the premises is occupied or held for occupancy by at least one tenant who is a recovering alcoholic or drug addict and is participating in a program of recovery;

              (b) The landlord is a nonprofit corporation incorporated under Title 24 RCW, a corporation for profit incorporated under Title 23B RCW, or a housing authority created under chapter 35.82 RCW;

              (c) The landlord provides:

              (i) A drug and alcohol free environment, covering all tenants, employees, staff, agents of the landlord, and guests;

              (ii) An employee who monitors the tenants for compliance with the requirements of (d) of this subsection;

              (iii) Individual and group support for recovery; and

              (iv) Access to a specified program of recovery; and

              (d) The rental agreement is in writing and includes the following provisions:

              (i) The tenant may not use, possess, or share alcohol, illegal drugs, controlled substances, or prescription drugs without a medical prescription, either on or off the premises;

              (ii) The tenant may not allow the tenant's guests to use, possess, or share alcohol, illegal drugs, controlled substances, or prescription drugs without a medical prescription, on the premises;

              (iii) The tenant must participate in a program of recovery, which specific program is described in the rental agreement;

              (iv) On at least a quarterly basis the tenant must provide written verification from the tenant's program of recovery that the tenant is participating in the program of recovery and the tenant has not used alcohol or illegal drugs;

              (v) The landlord has the right to require the tenant to take a urine analysis test regarding drug or alcohol usage, at the landlord's discretion and expense; and

              (vi) The landlord has the right to terminate the tenant's tenancy by delivering a three-day notice to terminate with one day to comply, if a tenant living in drug and alcohol free housing uses, possesses, or shares alcohol, illegal drugs, controlled substances, or prescription drugs without a medical prescription.

              (2) For the purpose of this section, "program of recovery" means a verifiable program of counseling and rehabilitation treatment services, including a written plan, to assist recovering alcoholics or drug addicts to recover from their addiction to alcohol or illegal drugs while living in drug and alcohol free housing. A "program of recovery" includes Alcoholics Anonymous, Narcotics Anonymous, and similar programs.

              (3) If a tenant living for less than two years in drug and alcohol free housing uses, possesses, or shares alcohol, illegal drugs, controlled substances, or prescription drugs without a medical prescription, the landlord may deliver a written notice to the tenant terminating the tenancy for cause as provided in this subsection. The notice must specify the acts constituting the drug or alcohol violation and must state that the rental agreement terminates in not less than three days after delivery of the notice, at a specified date and time. The notice must also state that the tenant can cure the drug or alcohol violation by a change in conduct or otherwise within one day after delivery of the notice. If the tenant cures the violation within the one-day period, the rental agreement does not terminate. If the tenant does not cure the violation within the one-day period, the rental agreement terminates as provided in the notice. If substantially the same act that constituted a prior drug or alcohol violation of which notice was given reoccurs within six months, the landlord may terminate the rental agreement upon at least three days' written notice specifying the violation and the date and time of termination of the rental agreement. The tenant does not have a right to cure this subsequent violation.

              (4) Notwithstanding subsections (1), (2), and (3) of this section, housing that is occupied on other than a transient basis by persons who are required to abstain from possession or use of alcohol or drugs as a condition of occupancy and who pay for the use of the housing on a periodic basis, without regard to whether the payment is characterized as rent, program fees, or other fees, costs, or charges, are covered by this chapter."


              Correct the title.

 

Signed by Representatives Lantz, Chairman; Moeller, Vice Chairman; Carrell, Ranking Minority Member; McMahan, Assistant Ranking Minority Member; Campbell; Flannigan; Kirby; Lovick and Newhouse.


             Passed to Committee on Rules for second reading.

April 3, 2003

SSB 5409          Prime Sponsor, Senate Committee On Land Use & Planning: Providing for direct petition annexations. Reported by Committee on Local Government

 

MAJORITY recommendation: Do pass as amended.


              On page 2, at the beginning of line 7, strike "property" and insert "acreage"


              On page 10, line 14, after "of the" strike "property" and insert "acreage"


              On page 11, line 19, strike "and is sufficient according to the rules set forth in RCW 35A.01.040"

 

Signed by Representatives Romero, Chairman; Upthegrove, Vice Chairman; Schindler, Ranking Minority Member; Jarrett, Assistant Ranking Minority Member; Ahern; Berkey; Clibborn; Edwards; Ericksen; Mielke and Moeller.


             Passed to Committee on Rules for second reading.

April 2, 2003

SB 5410            Prime Sponsor, Senator Stevens: Revising information available on the statewide registered sex offender web site. Reported by Committee on Criminal Justice & Corrections

 

MAJORITY recommendation: Do pass as amended.


              Strike everything after the enacting clause and insert the following:


              "Sec. 1. RCW 4.24.550 and 2002 c 118 s 1 are each amended to read as follows:

              (1) In addition to the disclosure under subsection (5) of this section, public agencies are authorized to release information to the public regarding sex offenders and kidnapping offenders when the agency determines that disclosure of the information is relevant and necessary to protect the public and counteract the danger created by the particular offender. This authorization applies to information regarding: (a) Any person adjudicated or convicted of a sex offense as defined in RCW 9A.44.130 or a kidnapping offense as defined by RCW 9A.44.130; (b) any person under the jurisdiction of the indeterminate sentence review board as the result of a sex offense or kidnapping offense; (c) any person committed as a sexually violent predator under chapter 71.09 RCW or as a sexual psychopath under chapter 71.06 RCW; (d) any person found not guilty of a sex offense or kidnapping offense by reason of insanity under chapter 10.77 RCW; and (e) any person found incompetent to stand trial for a sex offense or kidnapping offense and subsequently committed under chapter 71.05 or 71.34 RCW.

              (2) Except for the information specifically required under subsection (5) of this section, the extent of the public disclosure of relevant and necessary information shall be rationally related to: (a) The level of risk posed by the offender to the community; (b) the locations where the offender resides, expects to reside, or is regularly found; and (c) the needs of the affected community members for information to enhance their individual and collective safety.

              (3) Except for the information specifically required under subsection (5) of this section, local law enforcement agencies shall consider the following guidelines in determining the extent of a public disclosure made under this section: (a) For offenders classified as risk level I, the agency shall share information with other appropriate law enforcement agencies and may disclose, upon request, relevant, necessary, and accurate information to any victim or witness to the offense and to any individual community member who lives near the residence where the offender resides, expects to reside, or is regularly found; (b) for offenders classified as risk level II, the agency may also disclose relevant, necessary, and accurate information to public and private schools, child day care centers, family day care providers, businesses and organizations that serve primarily children, women, or vulnerable adults, and neighbors and community groups near the residence where the offender resides, expects to reside, or is regularly found; (c) for offenders classified as risk level III, the agency may also disclose relevant, necessary, and accurate information to the public at large; and (d) because more localized notification is not feasible and homeless and transient offenders may present unique risks to the community, the agency may also disclose relevant, necessary, and accurate information to the public at large for offenders registered as homeless or transient.

              (4) The county sheriff with whom an offender classified as risk level III is registered shall cause to be published by legal notice, advertising, or news release a sex offender community notification that conforms to the guidelines established under RCW 4.24.5501 in at least one legal newspaper with general circulation in the area of the sex offender's registered address or location. The county sheriff shall also cause to be published consistent with this subsection a current list of level III registered sex offenders, twice yearly. Unless the information is posted on the web site described in subsection (5) of this section, this list shall be maintained by the county sheriff on a publicly accessible web site and shall be updated at least once per month.

              (5)(a) When funded by federal grants or other sources ((other than state funds)), the Washington association of sheriffs and police chiefs shall create and maintain a statewide registered sex offender web site, which shall be available to the public. The web site shall post all level III and level II registered sex offenders in the state of Washington.

              (i) For level III offenders, the web site shall contain, but is not limited to, the registered sex offender's name, relevant criminal convictions, address by hundred block, physical description, and photograph. The web site shall provide mapping capabilities that display the sex offender's address by hundred block on a map. The web site shall allow citizens to search for registered sex offenders within the state of Washington by county, city, zip code, last name, type of conviction, and address by hundred block.

              (ii) For level II offenders, the web site shall contain, but is not limited to, the same information and functionality as described in (a)(i) of this subsection, provided that it is permissible under state and federal law. If it is not permissible, the web site shall be limited to the information and functionality that is permissible under state and federal law.

              (b) Until the implementation of (a) of this subsection, the Washington association of sheriffs and police chiefs shall create a web site available to the public that provides electronic links to county- operated web sites that offer sex offender registration information.

              (6) A local law enforcement agency may post level II and level III community notification bulletins on the agency's web site for sex offenders residing within the agency's jurisdiction.

              (7) Local law enforcement agencies that disseminate information pursuant to this section shall: (a) Review available risk level classifications made by the department of corrections, the department of social and health services, and the indeterminate sentence review board; (b) assign risk level classifications to all offenders about whom information will be disseminated; and (c) make a good faith effort to notify the public and residents at least fourteen days before the offender is released from confinement or, where an offender moves from another jurisdiction, as soon as possible after the agency learns of the offender's move, except that in no case may this notification provision be construed to require an extension of an offender's release date. The juvenile court shall provide local law enforcement officials with all relevant information on offenders allowed to remain in the community in a timely manner.

              (((7))) (8) An appointed or elected public official, public employee, or public agency as defined in RCW 4.24.470, or units of local government and its employees, as provided in RCW 36.28A.010, are immune from civil liability for damages for any discretionary risk level classification decisions or release of relevant and necessary information, unless it is shown that the official, employee, or agency acted with gross negligence or in bad faith. The immunity in this section applies to risk level classification decisions and the release of relevant and necessary information regarding any individual for whom disclosure is authorized. The decision of a local law enforcement agency or official to classify an offender to a risk level other than the one assigned by the department of corrections, the department of social and health services, or the indeterminate sentence review board, or the release of any relevant and necessary information based on that different classification shall not, by itself, be considered gross negligence or bad faith. The immunity provided under this section applies to the release of relevant and necessary information to other public officials, public employees, or public agencies, and to the general public.

              (((8))) (9) Except as may otherwise be provided by law, nothing in this section shall impose any liability upon a public official, public employee, or public agency for failing to release information authorized under this section.

              (((9))) (10) Nothing in this section implies that information regarding persons designated in subsection (1) of this section is confidential except as may otherwise be provided by law.

              (((10))) (11) When a local law enforcement agency or official classifies an offender differently than the offender is classified by the end of sentence review committee or the department of social and health services at the time of the offender's release from confinement, the law enforcement agency or official shall notify the end of sentence review committee ((of [or])) or the department of social and health services and submit its reasons supporting the change in classification. Upon implementation of subsection (5)(a) of this section, notification of the change shall also be sent to the Washington association of sheriffs and police chiefs."


              Correct the title.

 

Signed by Representatives O'Brien, Chairman; Darneille, Vice Chairman; Mielke, Ranking Minority Member; Ahern, Assistant Ranking Minority Member; Lovick and Pearson.

 

MINORITY recommendation: Do not pass. Signed by Representatives Kagi.


             Referred to Committee on Appropriations.

April 2, 2003

SB 5413            Prime Sponsor, Senator Benton: Allowing out-of-state licensees to practice commercial real estate. Reported by Committee on Commerce & Labor

 

MAJORITY recommendation: Do pass as amended.


              On page 4, line 15, strike everything after "(a)" and insert "Is licensed with and works under the direct supervision of an out-of-state broker who meets all of the requirements under subsection (1) of this section; and

              (b) Provides the Washington broker who is working in cooperation with the out-of-state broker with whom the salesperson or associate broker is associated with a copy of the salesperson's or associate broker's current license in good standing from the jurisdiction where the out-of-state salesperson or associate broker maintains an active real estate license in connection with the out-of-state broker.

              (3) A person licensed in a jurisdiction where there is no legal distinction between a real estate broker license and a real estate salesperson license must meet the requirements of subsection (1) of this section before engaging in any activity described in this section that requires a real estate broker license in this state."

 

Signed by Representatives Conway, Chairman; Wood, Vice Chairman; Chandler, Ranking Minority Member; Condotta, Assistant Ranking Minority Member; Crouse; Holmquist; Hudgins and McCoy.


             Passed to Committee on Rules for second reading.

April 3, 2003

SB 5429            Prime Sponsor, Senator Mulliken: Authorizing the Performance Registration Information Systems Management Program (PRISM). Reported by Committee on Transportation

 

MAJORITY recommendation: Do pass. Signed by Representatives Murray, Chairman; Rockefeller, Vice Chairman; Ericksen, Ranking Minority Member; Jarrett, Assistant Ranking Minority Member; Anderson; Armstrong; Bailey; Campbell; Clibborn; Dickerson; Edwards; Flannigan; Hankins; Hatfield; Hudgins; Kristiansen; Lovick; Mielke; Morris; Nixon; Romero; Schindler; Shabro; Simpson; Sullivan; Wood and Woods.

 

MINORITY recommendation: Do not pass. Signed by Representatives Cooper.


             Passed to Committee on Rules for second reading.

April 3, 2003

SSB 5434          Prime Sponsor, Senate Committee On Commerce & Trade: Concerning certified electricians. Reported by Committee on Commerce & Labor

 

MAJORITY recommendation: Do pass as amended.


              On page 2, beginning on line 31, strike all of subsection (7) and insert the following:


              "(7) This chapter does not require an electrical contractor license if: (a) An appropriately certified electrician or a properly supervised certified electrical trainee is performing the installation, repair, or maintenance of wires and equipment for a nonprofit corporation that holds a current tax exempt status as provided under 26 U.S.C. Sec. 501 (c)(3) or a nonprofit religious organization; (b) the certified electrician or certified electrical trainee is not compensated for the electrical work; and (c) the value of the electrical work does not exceed thirty thousand dollars."

 

Signed by Representatives Conway, Chairman; Wood, Vice Chairman; Condotta, Assistant Ranking Minority Member; Crouse; Holmquist; Hudgins; Kenney and McCoy.


             Passed to Committee on Rules for second reading.

April 3, 2003

SB 5437            Prime Sponsor, Senator Benton: Allowing all parties to appeal from adverse decisions of school district regional committees. Reported by Committee on Education

 

MAJORITY recommendation: Do pass as amended.


              Strike everything after the enacting clause and insert the following:


              "Sec. 1. RCW 28A.315.205 and 1999 c 315 s 402 are each amended to read as follows:

              (1) The chair of the regional committee shall schedule a hearing on the proposed transfer of territory at a location in the educational service district within sixty calendar days of being notified under RCW 28A.315.195 (7) or (8).

              (2) Within thirty calendar days of the hearing under subsection (1) of this section, or final hearing if more than one is held by the committee, the committee shall issue its written findings and decision to approve or disapprove the proposed transfer of territory. The educational service district superintendent shall transmit a copy of the committee's decision to the superintendents of the affected school districts within ten calendar days.

              (3) In carrying out the purposes of RCW 28A.315.015 and in making decisions as authorized under RCW 28A.315.095(1), the regional committee shall base its judgment upon whether and to the extent the proposed change in school district organization complies with RCW 28A.315.015(2) and rules adopted by the state board under chapter 34.05 RCW.

              (4) State board rules under subsection (3) of this section shall provide for giving primary consideration to ((all of the following:

              (a) The annual school performance reports required under RCW 28A.320.205 in the affected districts and improvement of the educational opportunities of pupils in the territory proposed for a change in school district organization;

              (b))) student educational opportunities as measured by the percentage of students performing at each level of the statewide mandated assessments and data regarding student attendance, graduation, and dropout rates. The following secondary factors then shall be considered in order of importance as listed in this subsection:

              (a) The safety and welfare of pupils. For the purposes of this subsection, "safety" means freedom or protection from danger, injury, or damage and "welfare" means a positive condition or influence regarding health, character, and well-being;

              (((c))) (b) The history and relationship of the property affected to the students and communities affected, including, for example, inclusion within a single school district, for school attendance and corresponding tax support purposes, of entire master planned communities that were or are to be developed pursuant to an integrated commercial and residential development plan with over one thousand dwelling units;

              (((d))) (c) Whether or not geographic accessibility warrants a favorable consideration of a recommended change in school district organization, including remoteness or isolation of places of residence and time required to travel to and from school; and

              (((e))) (d) All funding sources of the affected districts, equalization among school districts of the tax burden for general fund and capital purposes through a reduction in disparities in per pupil valuation when all funding sources are considered, improvement in the economies in the administration and operation of schools, and the extent the proposed change would potentially reduce or increase the individual and aggregate transportation costs of the affected school districts.

              (5)(a)(i) A petitioner or school district may appeal a decision by the regional committee ((to approve a change in school district organization)) to the state board based on the claim that the regional committee failed to follow the applicable statutory and regulatory procedures or acted in an arbitrary and capricious manner. Any such appeal shall be based on the record and the appeal must be filed within thirty days of the final decision of the regional committee.

              (ii) If the state board finds that all applicable procedures were not followed or that the regional committee acted in an arbitrary and capricious manner, it shall refer the matter back to the regional committee with an explanation of the board's findings. The regional committee shall rehear the proposal.

              (iii) If the state board finds that all applicable procedures were followed or that the regional committee did not act in an arbitrary and capricious manner, depending on the appeal, the educational service district shall be notified and directed to implement the changes.

              (b) Any school district or citizen petitioner affected by a final decision of the regional committee may seek judicial review of the committee's decision in accordance with RCW 34.05.570."


              Correct the title.

 

Signed by Representatives Quall, Chairman; McDermott, Vice Chairman; Talcott, Ranking Minority Member; Tom, Assistant Ranking Minority Member; Anderson; Cox; Haigh; McMahan and Santos.

 

MINORITY recommendation: Without recommendation. Signed by Representatives Hunter and Rockefeller.


             Passed to Committee on Rules for second reading.

April 4, 2003

ESSB 5448       Prime Sponsor, Senate Committee On Higher Education: Changing tuition provisions for institutions of higher education. Reported by Committee on Higher Education

 

MAJORITY recommendation: Do pass as amended.


              Strike everything after the enacting clause and insert the following:


              "NEW SECTION. Sec. 1. Public higher education funding is a shared responsibility between the state, students, and the public colleges and universities. Periodic increases in state funding, state financial aid, and tuition must be authorized to provide quality higher education for the citizens of Washington. It is the intent of the legislature to authorize the governing boards to establish tuition rates for all students other than resident undergraduates for a six-year period.


              Sec. 2. RCW 28B.15.031 and 1996 c 142 s 2 are each amended to read as follows:

              The term "operating fees" as used in this chapter shall include the fees, other than building fees, charged all students registering at the state's colleges and universities but shall not include fees for short courses, self-supporting degree credit programs and courses, marine station work, experimental station work, correspondence or extension courses, and individual instruction and student deposits or rentals, disciplinary and library fines, which colleges and universities shall have the right to impose, laboratory, gymnasium, health, technology and student activity fees, or fees, charges, rentals, and other income derived from any or all revenue producing lands, buildings and facilities of the colleges or universities heretofore or hereafter acquired, constructed or installed, including but not limited to income from rooms, dormitories, dining rooms, hospitals, infirmaries, housing or student activity buildings, vehicular parking facilities, land, or the appurtenances thereon, or such other special fees as may be established by any college or university board of trustees or regents from time to time. All moneys received as operating fees at any institution of higher education shall be deposited in a local account containing only operating fees revenue and related interest: PROVIDED, That a minimum of three and one-half percent of operating fees shall be retained by the institutions((, except the technical colleges,)) for the purposes of RCW 28B.15.820. Local operating fee accounts shall not be subject to appropriation by the legislature or allotment procedures under chapter 43.88 RCW.


              Sec. 3. RCW 28B.15.066 and 2000 c 152 s 2 are each amended to read as follows:

              It is the intent of the legislature that:

              In making appropriations from the state's general fund to institutions of higher education, each appropriation shall conform to the following:

              (1) The appropriation shall not be reduced by the amount of operating fees revenue estimated to be collected from students enrolled at the state-funded enrollment level specified in the omnibus biennial operating appropriations act;

              (2) The appropriation shall not be reduced by the amount of operating fees revenue collected from students enrolled above the state-funded level((, but within the over-enrollment limitations,)) specified in the omnibus biennial operating appropriations act; and

              (3) The general fund state appropriation shall not be reduced by the amount of operating fees revenue collected as a result of waiving less operating fees revenue than the amounts authorized under RCW 28B.15.910. State general fund appropriations shall not be provided for revenue foregone as a result of or for waivers granted under RCW 28B.15.915.


              Sec. 4. RCW 28B.15.067 and 1997 c 403 s 1 are each amended to read as follows:

              (1) Tuition fees shall be established under the provisions of this chapter.

              (2) ((Academic year tuition for full-time students at the state's institutions of higher education for the 1997-98 academic year, other than the summer term, shall be as provided in this subsection.

              (a) At the University of Washington and Washington State University:

              (i) For resident undergraduate students and other resident students not in graduate, law, or first professional programs, two thousand nine hundred eighty-eight dollars;

              (ii)(A) For nonresident undergraduate students and other nonresident students at the University of Washington not in graduate, law, or first professional programs, ten thousand two hundred seventy- eight dollars;

              (B) For nonresident undergraduate students and other nonresident students at Washington State University not in graduate or first professional programs, nine thousand eight hundred seventy dollars;

              (iii) For resident graduate students, four thousand eight hundred fifty-four dollars;

              (iv) For nonresident graduate students, twelve thousand five hundred eighty-eight dollars;

              (v) For resident law students, five thousand ten dollars;

              (vi) For nonresident law students, twelve thousand nine hundred fifteen dollars;

              (vii) For resident first professional students, eight thousand one hundred twelve dollars; and

              (viii) For nonresident first professional students, twenty-one thousand twenty-four dollars.

              (b) At the regional universities and The Evergreen State College:

              (i) For resident undergraduate and all other resident students not in graduate programs, two thousand two hundred eleven dollars;

              (ii) For nonresident undergraduate and all other nonresident students not in graduate programs, eight thousand six hundred forty-six dollars;

              (iii) For resident graduate students, three thousand seven hundred twenty-six dollars; and

              (iv) For nonresident graduate students, eleven thousand nine hundred seventy-six dollars.

              (c) At the community colleges:

              (i) For resident students, one thousand three hundred eleven dollars; and

              (ii) For nonresident students, five thousand five hundred eighty- six dollars.

              (3) Academic year tuition for full-time students at the state's institutions of higher education beginning with the 1998-99 academic year, other than the summer term, shall be as provided in this subsection unless different rates are adopted in the omnibus appropriations act.

              (a) At the University of Washington and Washington State University:

              (i) For resident undergraduate students and other resident students not in graduate, law, or first professional programs, three thousand one hundred eight dollars;

              (ii)(A) For nonresident undergraduate students and other nonresident students at the University of Washington not in graduate, law, or first professional programs, eleven thousand one hundred thirty dollars;

              (B) For nonresident undergraduate students and other nonresident students at Washington State University not in graduate or first professional programs, ten thousand two hundred sixty-six dollars;

              (iii) For resident graduate students, five thousand forty-six dollars;

              (iv) For nonresident graduate students, thirteen thousand ninety- two dollars;

              (v) For resident law students, five thousand three hundred seventy- six dollars;

              (vi) For nonresident law students, thirteen thousand seven hundred eighty-two dollars;

              (vii) For resident first professional students, eight thousand four hundred thirty-six dollars; and

              (viii) For nonresident first professional students, twenty-one thousand eight hundred sixty-four dollars.

              (b) At the regional universities and The Evergreen State College:

              (i) For resident undergraduate and all other resident students not in graduate programs, two thousand two hundred ninety-eight dollars;

              (ii) For nonresident undergraduate and all other nonresident students not in graduate programs, eight thousand nine hundred ninety- one dollars;

              (iii) For resident graduate students, three thousand eight hundred seventy-six dollars; and

              (iv) For nonresident graduate students, twelve thousand four hundred fifty-six dollars.

              (c) At the community colleges:

              (i) For resident students, one thousand three hundred sixty-two dollars; and

              (ii) For nonresident students, five thousand eight hundred eight dollars.

              (4) For the 1997-98 and 1998-99 academic years, the University of Washington shall use at least ten percent of the revenue received from the difference between a four percent increase in tuition fees and the actual increase charged to law students to assist needy low and middle- income resident law students. For the 1997-98 and 1998-99 academic years, the University of Washington shall use at least ten percent of the revenue received from the difference between a four percent increase in tuition fees and the actual increase charged to nonresident undergraduate students and all other nonresident students not in graduate, law, or first professional programs to assist needy low and middle-income resident undergraduate students and all other resident students not enrolled in graduate, law, or first professional programs. This requirement is in addition to the deposit requirements of the institutional aid fund under RCW 28B.15.820.

              (5))) For the 2003-04 academic year and each academic year thereafter, reductions or increases in full-time tuition fees for resident undergraduates shall be as provided in the omnibus appropriations act.

              (3) Beginning with the 2003-04 academic year and ending with the 2008-09 academic year, the governing boards of the state universities, the regional universities, The Evergreen State College, and the state board for community and technical colleges may reduce or increase full- time tuition fees for all students other than resident undergraduates, including summer school students and students in other self-supporting degree programs. Percentage increases in full-time tuition fees may exceed the fiscal growth factor. Reductions or increases may be made for all or portions of an institution's programs, campuses, courses, or students. Beginning with the 2009-10 academic year and each academic year thereafter, reductions or increases in full-time tuition fees for all students other than resident undergraduate students, other than for summer term, shall be as provided in the omnibus appropriations act.

              (4) The tuition fees established under this chapter shall not apply to high school students enrolling in participating institutions of higher education under RCW 28A.600.300 through ((28A.600.395)) 28A.600.400.

              (5) For each of the academic years 2003-04 through 2008-09, institutions of higher education shall increase the amount of institutional financial aid made available to financially needy resident graduate, law, and professional students by the same percentage increase as the respective increase in tuition for resident graduate, law, and professional students adopted under subsection (3) of this section.


              Sec. 5. RCW 28B.15.069 and 1997 c 403 s 2 are each amended to read as follows:

              (1) ((As used in this section, each of the following subsections is a separate tuition category:

              (a) Resident undergraduate students and all other resident students not in first professional, graduate, or law programs;

              (b) Nonresident undergraduate students and all other nonresident students not in first professional graduate or law programs;

              (c) Resident graduate students;

              (d) Resident law students;

              (e) Nonresident graduate students;

              (f) Nonresident law students;

              (g) Resident first professional students; and

              (h) Nonresident first professional students.

              (2) Unless the context clearly requires otherwise, as used in this section "first professional programs" means programs leading to one of the following degrees: Doctor of medicine, doctor of dental surgery, or doctor of veterinary medicine.

              (3))) The building fee for each academic year shall be a percentage of total tuition fees. This percentage shall be calculated by the higher education coordinating board and be based on the actual percentage the building fee is of total tuition for each tuition category in the 1994-95 academic year, rounded up to the nearest half percent.

              (((4))) (2) The governing boards of each institution of higher education, except for the technical colleges, shall charge to and collect from each student a services and activities fee. A governing board may increase the existing fee annually, consistent with budgeting procedures set forth in RCW 28B.15.045, by a percentage not to exceed the annual percentage increase in student tuition fees for ((the applicable tuition category)) resident undergraduate students, as provided in the omnibus appropriations act: PROVIDED, That such percentage increase shall not apply to that portion of the services and activities fee previously committed to the repayment of bonded debt. These rate adjustments may exceed the fiscal growth factor. The services and activities fee committee provided for in RCW 28B.15.045 may initiate a request to the governing board for a fee increase.

              (((5))) (3) Tuition and services and activities fees consistent with subsection (((4))) (2) of this section shall be set by the state board for community and technical colleges for community college summer school students unless the community college charges fees in accordance with RCW 28B.15.515.

              (((6))) (4) Subject to the limitations of RCW 28B.15.910, each governing board of a community college may charge such fees for ungraded courses, noncredit courses, community services courses, and self-supporting courses as it, in its discretion, may determine, consistent with the rules of the state board for community and technical colleges.


              Sec. 6. RCW 28B.15.100 and 1999 c 321 s 2 are each amended to read as follows:

              (1) The governing boards of the state universities, the regional universities, The Evergreen State College, and the community colleges shall charge to and collect from each of the students registering at the particular institution for any quarter or semester such tuition fees and services and activities fees, and other fees as such board shall in its discretion determine. The total of all fees shall be rounded to the nearest whole dollar amount: PROVIDED, That such tuition fees ((for other than the summer term)) shall be ((in the amounts for the respective institutions as otherwise set forth in)) established in accordance with RCW 28B.15.067.

              (2) Part-time students shall be charged tuition and services and activities fees proportionate to full-time student rates established for residents and nonresidents: PROVIDED, That except for students registered at community colleges, students registered for fewer than two credit hours shall be charged tuition and services and activities fees at the rate established for two credit hours: PROVIDED FURTHER, That, subject to the limitations of RCW 28B.15.910, residents of Idaho or Oregon who are enrolled in community college district number twenty for six or fewer credits during any quarter or semester may be exempted from payment of all or a portion of the nonresident tuition fees differential upon a declaration by the higher education coordinating board that it finds Washington residents from the community college district are afforded substantially equivalent treatment by such other states.

              (3) Full-time students registered for more than eighteen credit hours shall be charged an additional operating fee for each credit hour in excess of eighteen hours at the applicable established per credit hour tuition fee rate for part-time students: PROVIDED, That, subject to the limitations of RCW 28B.15.910, the governing boards of the state universities and the community colleges may exempt all or a portion of the additional charge, for students who are registered exclusively in first professional programs in medicine, dental medicine, veterinary medicine, doctor of pharmacy, or law, or who are registered exclusively in required courses in vocational preparatory programs."


              Correct the title.

 

Signed by Representatives Kenney, Chairman; Fromhold, Vice Chairman; Priest, Assistant Ranking Minority Member; Berkey; Condotta; Gombosky; Jarrett; Lantz; McCoy and Morrell.

 

MINORITY recommendation: Do not pass. Signed by Representatives Cox, Ranking Minority Member; Boldt; Buck; Chase and Clements.


             Referred to Committee on Appropriations.

 

ESB 5450         Prime Sponsor, Senator Horn: Providing incentives to reduce air pollution through the use of neighborhood electric vehicles. Reported by Committee on Higher Education

 

MAJORITY recommendation: Do pass as amended.


              Strike everything after the enacting clause and insert the following:


              "Sec. 1. RCW 46.04.320 and 2002 c 247 s 2 are each amended to read as follows:

              "Motor vehicle" ((shall)) means every vehicle which is self- propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. "Motor vehicle" includes a neighborhood electric vehicle as defined in section 2 of this act. An electric personal assistive mobility device is not considered a motor vehicle.


              NEW SECTION. Sec. 2. A new section is added to chapter 46.04 RCW to read as follows:

              "Neighborhood electric vehicle" means a self-propelled, electrically powered four-wheeled motor vehicle whose speed attainable in one mile is more than twenty miles per hour and not more than twenty-five miles per hour and conforms to federal regulations under Title 49 C.F.R. Part 571.500.


              Sec. 3. RCW 46.37.010 and 1997 c 241 s 14 are each amended to read as follows:

              (1) It is a traffic infraction for any person to drive or move or for the owner to cause or knowingly permit to be driven or moved on any highway any vehicle or combination of vehicles which is in such unsafe condition as to endanger any person, or which does not contain those parts or is not at all times equipped with such lamps and other equipment in proper condition and adjustment as required in this chapter or in regulations issued by the chief of the Washington state patrol, or which is equipped in any manner in violation of this chapter or the state patrol's regulations, or for any person to do any act forbidden or fail to perform any act required under this chapter or the state patrol's regulations.

              (2) Nothing contained in this chapter or the state patrol's regulations shall be construed to prohibit the use of additional parts and accessories on any vehicle not inconsistent with the provisions of this chapter or the state patrol's regulations.

              (3) The provisions of the chapter and the state patrol's regulations with respect to equipment on vehicles shall not apply to implements of husbandry, road machinery, road rollers, or farm tractors except as herein made applicable.

              (4) No owner or operator of a farm tractor, self-propelled unit of farm equipment, or implement of husbandry shall be guilty of a crime or subject to penalty for violation of RCW 46.37.160 as now or hereafter amended unless such violation occurs on a public highway.

              (5) It is a traffic infraction for any person to sell or offer for sale vehicle equipment which is required to be approved by the state patrol as prescribed in RCW 46.37.005 unless it has been approved by the state patrol.

              (6) The provisions of this chapter with respect to equipment required on vehicles shall not apply to neighborhood electric vehicles, motorcycles, or motor-driven cycles except as herein made applicable.

              (7) This chapter does not apply to vehicles used by the state parks and recreation commission exclusively for park maintenance and operations upon public highways within state parks.

              (8) Notices of traffic infraction issued to commercial drivers under the provisions of this chapter with respect to equipment required on commercial motor vehicles shall not be considered for driver improvement purposes under chapter 46.20 RCW.

              (9) Whenever a traffic infraction is chargeable to the owner or lessee of a vehicle under subsection (1) of this section, the driver shall not be arrested or issued a notice of traffic infraction unless the vehicle is registered in a jurisdiction other than Washington state, or unless the infraction is for an offense that is clearly within the responsibility of the driver.

              (10) Whenever the owner or lessee is issued a notice of traffic infraction under this section the court may, on the request of the owner or lessee, take appropriate steps to make the driver of the vehicle, or any other person who directs the loading, maintenance, or operation of the vehicle, a codefendant. If the codefendant is held solely responsible and is found to have committed the traffic infraction, the court may dismiss the notice against the owner or lessee.


              NEW SECTION. Sec. 4. A new section is added to chapter 46.61 RCW to read as follows:

              (1) Absent prohibition by local authorities authorized under this section and except as prohibited elsewhere in this section, a person may operate a neighborhood electric vehicle upon a highway of this state having a speed limit of thirty-five miles per hour or less if:

              (a) The person does not operate a neighborhood electric vehicle upon state highways that are listed in chapter 47.17 RCW;

              (b) The person does not operate a neighborhood electric vehicle upon a highway of this state without first having obtained and having in full force and effect a current and proper vehicle license and display vehicle license number plates in compliance with chapter 46.16 RCW;

              (c) The person does not operate a neighborhood electric vehicle upon a highway of this state without first obtaining a valid driver's license issued to Washington residents in compliance with chapter 46.20 RCW;

              (d) The person does not operate a neighborhood electric vehicle subject to registration under chapter 46.16 RCW on a highway of this state unless the person is insured under a motor vehicle liability policy in compliance with chapter 46.30 RCW; and

              (e) The person operating a neighborhood electric vehicle does not cross a roadway with a speed limit in excess of thirty-five miles per hour, unless the crossing begins and ends on a roadway with a speed limit of thirty-five miles per hour or less and occurs at an intersection of approximately ninety degrees, except that the operator of a neighborhood electric vehicle must not cross an uncontrolled intersection of streets and highways that are part of the state highway system subject to Title 47 RCW unless that intersection has been authorized by local authorities provided elsewhere in this section.

              (2) Any person who violates this section commits a traffic infraction.

              (3) This section does not prevent local authorities, with respect to streets and highways under their jurisdiction and within the reasonable exercise of their police power, from regulating the operation of neighborhood electric vehicles on streets and highways under their jurisdiction, including the prohibition of neighborhood electric vehicles on certain streets and highways, by resolution or ordinance of the governing body, if the regulation is consistent with the provisions of this title, except that:

              (a) Local authorities may not authorize the operation of neighborhood electric vehicles on streets and highways that are part of the state highway system subject to the provisions of Title 47 RCW; and

              (b) Local authorities are prohibited from establishing any requirements for the registration and licensing of neighborhood electric vehicles.


              Sec. 5. RCW 46.61.688 and 2002 c 328 s 2 are each amended to read as follows:

              (1) For the purposes of this section, the term "motor vehicle" includes:

              (a) "Buses," meaning motor vehicles with motive power, except trailers, designed to carry more than ten passengers;

              (b) "Multipurpose passenger vehicles," meaning motor vehicles with motive power, except trailers, designed to carry ten persons or less that are constructed either on a truck chassis or with special features for occasional off-road operation;

              (c) "Neighborhood electric vehicle," meaning a self-propelled, electrically powered four-wheeled motor vehicle whose speed attainable in one mile is more than twenty miles per hour and not more than twenty-five miles per hour and conforms to federal regulations under Title 49 C.F.R. Part 571.500;

              (d) "Passenger cars," meaning motor vehicles with motive power, except multipurpose passenger vehicles, motorcycles, or trailers, designed for carrying ten passengers or less; and

              (((d))) (e) "Trucks," meaning motor vehicles with motive power, except trailers, designed primarily for the transportation of property.

              (2) This section only applies to motor vehicles that meet the manual seat belt safety standards as set forth in federal motor vehicle safety standard 208 and to neighborhood electric vehicles. This section does not apply to a vehicle occupant for whom no safety belt is available when all designated seating positions as required by federal motor vehicle safety standard 208 are occupied.

              (3) Every person sixteen years of age or older operating or riding in a motor vehicle shall wear the safety belt assembly in a properly adjusted and securely fastened manner.

              (4) No person may operate a motor vehicle unless all child passengers under the age of sixteen years are either: (a) Wearing a safety belt assembly or (b) are securely fastened into an approved child restraint device.

              (5) A person violating this section shall be issued a notice of traffic infraction under chapter 46.63 RCW. A finding that a person has committed a traffic infraction under this section shall be contained in the driver's abstract but shall not be available to insurance companies or employers.

              (6) Failure to comply with the requirements of this section does not constitute negligence, nor may failure to wear a safety belt assembly be admissible as evidence of negligence in any civil action.

              (7) This section does not apply to an operator or passenger who possesses written verification from a licensed physician that the operator or passenger is unable to wear a safety belt for physical or medical reasons.

              (8) The state patrol may adopt rules exempting operators or occupants of farm vehicles, construction equipment, and vehicles that are required to make frequent stops from the requirement of wearing safety belts.


              Sec. 6. RCW 46.61.687 and 2000 c 190 s 2 are each amended to read as follows:

              (1) Whenever a child who is less than sixteen years of age is being transported in a motor vehicle that is in operation and that is required by RCW 46.37.510 to be equipped with a safety belt system in a passenger seating position, or is being transported in a neighborhood electric vehicle that is in operation, the driver of the vehicle shall keep the child properly restrained as follows:

              (a) If the child is less than six years old and/or sixty pounds and the passenger seating position equipped with a safety belt system allows sufficient space for installation, then the child will be restrained in a child restraint system that complies with standards of the United States department of transportation and that is secured in the vehicle in accordance with instructions of the manufacturer of the child restraint system;

              (b) If the child is less than one year of age or weighs less than twenty pounds, the child shall be properly restrained in a rear-facing infant seat;

              (c) If the child is more than one but less than four years of age or weighs less than forty pounds but at least twenty pounds, the child shall be properly restrained in a forward facing child safety seat restraint system;

              (d) If the child is less than six but at least four years of age or weighs less than sixty pounds but at least forty pounds, the child shall be properly restrained in a child booster seat;

              (e) If the child is six years of age or older or weighs more than sixty pounds, the child shall be properly restrained with the motor vehicle's safety belt properly adjusted and fastened around the child's body or an appropriately fitting booster seat; and

              (f) Enforcement of (a) through (e) of this subsection is subject to a visual inspection by law enforcement to determine if the child restraint system in use is appropriate for the child's individual height, weight, and age. The visual inspection for usage of a forward facing child safety seat must ensure that the seat in use is equipped with a four-point shoulder harness system. The visual inspection for usage of a booster seat must ensure that the seat belt properly fits across the child's lap and the shoulder strap crosses the center of the child's chest. The visual inspection for the usage of a seat belt by a child must ensure that the lap belt properly fits across the child's lap and the shoulder strap crosses the center of the child's chest. In determining violations, consideration to the above criteria must be given in conjunction with the provisions of (a) through (e) of this subsection. The driver of a vehicle transporting a child who is under the age of six years old or weighs less than sixty pounds, when the vehicle is equipped with a passenger side air bag supplemental restraint system, and the air bag system is activated, shall transport the child in the back seat positions in the vehicle where it is practical to do so.

              (2) A person violating subsection (1)(a) through (e) of this section may be issued a notice of traffic infraction under chapter 46.63 RCW. If the person to whom the notice was issued presents proof of acquisition of an approved child passenger restraint system or a child booster seat, as appropriate, within seven days to the jurisdiction issuing the notice and the person has not previously had a violation of this section dismissed, the jurisdiction shall dismiss the notice of traffic infraction.

              (3) Failure to comply with the requirements of this section shall not constitute negligence by a parent or legal guardian; nor shall failure to use a child restraint system be admissible as evidence of negligence in any civil action.

              (4) This section does not apply to: (a) For hire vehicles, (b) vehicles designed to transport sixteen or less passengers, including the driver, operated by auto transportation companies, as defined in RCW 81.68.010, (c) vehicles providing customer shuttle service between parking, convention, and hotel facilities, and airport terminals, and (d) school buses.

              (5) As used in this section "child booster seat" means a child passenger restraint system that meets the Federal Motor Vehicle Safety Standards set forth in 49 C.F.R. 571.213 that is designed to elevate a child to properly sit in a federally approved lap/shoulder belt system.

              (6) The requirements of subsection (1)(a) through (e) of this section do not apply in any seating position where there is only a lap belt available and the child weighs more than forty pounds.


              NEW SECTION. Sec. 7. This act takes effect August 1, 2003."


              Correct the title.

 

Signed by Representatives Kenney, Chairman; Fromhold, Vice Chairman; Priest, Assistant Ranking Minority Member; Berkey; Condotta; Gombosky; Jarrett; Lantz; McCoy and Morrell.

 

MINORITY recommendation: Do not pass. Signed by Representatives Cox, Ranking Minority Member; Boldt; Buck; Chase and Clements.


             Referred to Committee on Appropriations.

April 3, 2003

SSB 5452          Prime Sponsor, Senate Committee On Financial Services, Insurance & Housing: Regulating check cashers and sellers. Reported by Committee on Financial Institutions & Insurance

 

MAJORITY recommendation: Do pass. Signed by Representatives Schual-Berke, Chairman; Simpson, Vice Chairman; Benson, Ranking Minority Member; Newhouse, Assistant Ranking Minority Member; Cairnes; Carrell; Cooper; Hatfield; Hunter; Roach and Santos.


             Passed to Committee on Rules for second reading.

 

SSB 5457          Prime Sponsor, Senate Committee On Highways & Transportation: Posting hazards to motorcycles. Reported by Committee on Financial Institutions & Insurance

 

MAJORITY recommendation: Do pass. Signed by Representatives Schual-Berke, Chairman; Simpson, Vice Chairman; Benson, Ranking Minority Member; Newhouse, Assistant Ranking Minority Member; Cairnes; Carrell; Cooper; Hatfield; Hunter; Roach and Santos.


             Passed to Committee on Rules for second reading.

April 2, 2003

SSB 5473          Prime Sponsor, Senate Committee On Judiciary: Requiring the criminal justice training commission to train officers on interacting with persons with a developmental disability or mental illness. Reported by Committee on Criminal Justice & Corrections

 

MAJORITY recommendation: Do pass. Signed by Representatives O'Brien, Chairman; Darneille, Vice Chairman; Mielke, Ranking Minority Member; Ahern, Assistant Ranking Minority Member; Kagi; Lovick and Pearson.


             Passed to Committee on Rules for second reading.

April 2, 2003

SSB 5474          Prime Sponsor, Senate Committee On Children & Family Services & Corrections: Creating a kinship caregiver's authorization affidavit. Reported by Committee on Children & Family Services

 

MAJORITY recommendation: Do pass as amended.


              Strike everything after the enacting clause and insert the following:


              "NEW SECTION. Sec. 1. It is the intent of the legislature to assist children in the care of kin to access appropriate medical and education services. Children being raised by kin have faced barriers to medical care and school attendance because their kinship caregivers have not been able to verify that they are the identified primary caregivers of these children. Such barriers pose an especially significant challenge to kinship caregivers in dealing with school officials and health professionals when children are left in their care with little warning. To assist kinship caregivers in executing adequate and appropriate decisions regarding the educational and medical needs of a child in their care, a kinship caregiver's authorization affidavit is hereby created.


              NEW SECTION. Sec. 2. A new section is added to chapter 74.13 RCW to read as follows:

              Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 2 through 5 of this act.

              (1) "Kinship caregiver" means a person eighteen years of age or older who provides kinship care services to a child who resides with the caregiver and to whom the child is related by blood, adoption, marriage, or former marriage, including a brother, sister, stepbrother, stepsister, half-brother, half-sister, uncle, aunt, niece, nephew, first cousin, or any person denoted by the prefix "grand" or "great."

              (2) "Kinship care services" means parent-like services and support provided to a child by a kinship caregiver.

              (3) For a child defined as an "Indian child" under the federal Indian child welfare act, 25 U.S.C. Sec. 1901 et seq., the definition of "extended family member" under the federal Indian child welfare act shall apply.


              NEW SECTION. Sec. 3. A new section is added to chapter 74.13 RCW to read as follows:

              (1) A kinship caregiver who completes items 1 through 10 of the affidavit provided in section 5 of this act and signs the affidavit is authorized to enroll a child in school and consent to school-related medical care on behalf of the child in his or her care.

              (2) A kinship caregiver who completes item 11 of the affidavit provided in section 5 of this act and signs the affidavit is authorized to consent, on behalf of the child in his or her care, to dental care and such medical care as necessary to preserve the life or health of the child.

              (3) The affidavit shall not be valid if a kinship caregiver is unlawfully harboring a minor, pursuant to RCW 13.32A.080.

              (4) The affidavit shall be in effect for twelve months after the date on which it is executed, and renewable every twelve months thereafter.

              (5) The authority of a kinship caregiver to consent to or to refuse medical or dental care for a child is subordinate to any decision of the parent or other person having legal custody of the child, provided the decision of the parent or other person having legal custody of the child does not jeopardize the life, health, or safety of the child.


              NEW SECTION. Sec. 4. A new section is added to chapter 74.13 RCW to read as follows:

              (1) A person who acts in good faith reliance on a kinship caregiver's authorization affidavit, provided in section 5 of this act, to provide education services or medical or dental care, without actual knowledge of facts contrary to those stated on the affidavit, is not subject to criminal liability or to civil liability to any person, and is not subject to professional disciplinary action, for such good faith reliance if the applicable portions of the affidavit are completed. This section applies even if education services or medical or dental care are provided to a child in contravention of the wishes of the parent or other person having legal custody of the child as long as the person providing the education services or medical or dental care has no actual knowledge of the wishes of the parent or other person having legal custody of the child.

              (2) A person who relies on the affidavit has no obligation to make any further inquiry or investigation.

              (3) Nothing in this section relieves any person from liability for violations of other provisions of law.

              (4) If the child ceases to reside with the kinship caregiver, the kinship caregiver shall notify within three days, excluding weekends and holidays, any and every school, health care provider, carrier, or other person or entity to whom the kinship caregiver has provided the affidavit that the child no longer resides with the caregiver. No further consent to school enrollment or medical care shall be given by the former kinship caregiver once the child ceases to reside with the former caregiver.


              NEW SECTION. Sec. 5. A new section is added to chapter 74.13 RCW to read as follows:

              The kinship caregiver's authorization affidavit must be in substantially the following form:


Kinship Caregiver's Authorization Affidavit


              Use of this affidavit is authorized by RCW 74.13.--- (section 3 of this act).


              Instructions: Completion of items 1 through 10 and the signing of the affidavit is required in order to authorize enrollment of a child in school and authorize school-related medical care. Completion of item 11 is required to authorize any other medical care. Completion of Section A and Section B, C, D, or E, as applicable, is additionally required for the affidavit to be valid. Print clearly.


              The child named below resides with me and I am eighteen years of age or older.

              1. Name of child:

              2. Child's birth date:

              3. My name (adult executing this document):

              4. My home address:

              5. My telephone numbers:

              6. My date of birth:

              7. My driver's license or state identification card number:

              8. I do not have a driver's license or state identification card number, and instead offer the following government-issued identification:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(Document and number)

              9. ( ) I am the kinship caregiver for the child named in this form (check the box at the beginning of this item). My relationship to the child is . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

              10. Check one or both of the following (for example if one parent can be located and the other cannot):

              ( ) I have advised the parent(s) or other person(s) having legal custody of the child of my intent to enroll the child in school and to consent to school-related medical care. The parent(s) or legal custodian(s) did not object to my assumption of this authority.

              Name/address of parent(s) or legal custodian(s) who were notified:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

              Date of notification: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

              ( ) I was unable to contact the parent(s) or other person(s) having legal custody of the child to notify them of my intent to assume this authority to enroll the child in school and consent to school- based medical care.

              11. Check one or both of the following (for example if one parent can be located and the other cannot):

              ( ) I have advised the parent(s) or other person(s) having legal custody of the child of my intent to consent to medical care for the child. The parent(s) or legal custodian(s) did not object to my assumption of this authority.

              Name/address of parent(s) or legal custodian(s) who were notified:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

              Date of notification: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 

              ( ) I was unable to contact the parent(s) or other person(s) having legal custody of the child to notify them of my intent to assume this authority to consent to medical care.

              TO THE KINSHIP CAREGIVER:

              If the parent(s) or legal custodian(s) cannot be located pursuant to item 10 or item 11 of this form, you must complete Section A below as proof of your efforts to reach the parent(s) or legal custodian(s). In addition, you must also complete one of the following: Section B, C, D, or E. It is required that you provide the information and complete the described action applicable to the appropriate sections.

              Required Section A:

              A. ( ) I have sent a certified letter/notice to the parent(s) or legal custodian(s) of the child at their last known address. This letter/notice informed the parent(s) or legal custodian(s) that I intend to act as a caregiver and take educational or medical responsibility for the child. That letter/notice is attached along with the certified mail receipt documenting that the letter was not deliverable because the parent(s) or legal custodian(s) of the child was not at this location.

              Required Section B, C, D, or E (mark at least one of the following):

              B. ( ) I, or a person acting on my behalf, (name). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

visited the last known address of the parent(s) or legal custodian(s).

              Describe what was found at that visit. Include the following: The name of the person spoken to; that person's relationship to the parent(s) or legal custodian(s); what that person said; and any other related information that clarifies the situation.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

              OR

              C. ( ) I, or a person acting on my behalf, (name). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

attempted to determine the location of the parent(s) or legal custodian(s) by contacting their places of employment, health care providers, or friends.

              Describe the results of your inquiry. Include the following: The name of the employers, health care providers, or friends; and those individuals' responses to your request for the location of the parent(s) or legal custodian(s).

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

              OR

              D. ( ) I placed a notice in a newspaper informing the parent(s) or legal custodian(s) of (child's name). . . . . . . . . . . . 

that I intend to take educational or medical responsibility for the child.

              Eight days after publication, describe the results of the notice. Include the response that you received or the lack of response. Attach a copy of the notice, being sure to include a portion of the newspaper with the date that the notice was printed.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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              OR

              E. ( ) I am attaching documents or confirmations that show that the parent(s) or legal custodian(s) cannot be found.

              Attach any supporting documents.

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              **Warning: Signing this form if any of the statements above are incorrect may subject you to criminal or civil liability or both.**

                                                                  


              I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.


              Dated: . . . . . . . .               Signed: . . . . . . . . . . . . . .


              Notices:


              1. This declaration does not affect the rights of the child's parents or legal guardian regarding the care, custody, and control of the child, and does not mean that the kinship caregiver has legal custody of the child.

              2. A person who relies on this affidavit has no obligation to make any further inquiry or investigation.

              3. The authority of the kinship caregiver executing this affidavit to consent to school enrollment or medical care shall expire not later than twelve months after the date on which it is executed.


              Additional Information:


              TO KINSHIP CAREGIVERS:

              1. "Kinship caregiver" means a person eighteen years of age or older who provides kinship care services to a child who resides with the caregiver and to whom the caregiver is related by blood, adoption, marriage, or former marriage, including a brother, sister, stepbrother, stepsister, half-brother, half-sister, uncle, aunt, niece, nephew, first cousin, or any person denoted by the prefix "grand" or "great."

              2. If the child ceases to reside with you, you are required to notify within three days, excluding weekends and holidays, every school, health care provider, carrier, or other person or entity to whom you have provided the affidavit.

              3. Once the child ceases to reside with you, your authority to consent to school enrollment or medical care ends immediately and you are no longer allowed to make decisions on those matters.

              4. It is a gross misdemeanor under RCW 13.32A.080 to unlawfully harbor a minor.


              TO SCHOOL OFFICIALS:

              1. This affidavit constitutes a sufficient basis for a determination of residency of the child, without the requirement of a guardianship or other custody order, unless the school district determines from actual facts that the child is not residing with the kinship caregiver.

              2. The school district may require additional reasonable evidence that the kinship caregiver resides at the address stated in the affidavit.


              TO HEALTH CARE PROVIDERS AND CARRIERS:

              1. A person who acts in good faith reliance on a kinship caregiver's authorization affidavit to provide medical or dental care, without actual knowledge of facts contrary to those stated on the affidavit, is not subject to criminal liability or to civil liability to any person, and is not subject to professional disciplinary action, for such reliance if the applicable portions of the affidavit are completed.

              2. This affidavit does not create the status of dependent for health care coverage purposes."


              Correct the title.

 

Signed by Representatives Kagi, Chairman; Darneille, Vice Chairman; Boldt, Ranking Minority Member; Bailey; Dickerson; Miloscia; Pettigrew and Shabro.


             Passed to Committee on Rules for second reading.

April 4, 2003

SB 5475            Prime Sponsor, Senator Horn: Limiting courses of instruction that are exclusive to research institutions of higher education. Reported by Committee on Higher Education

 

MAJORITY recommendation: Do pass as amended.


              Strike everything after the enacting clause and insert the following:


              "Sec. 1. RCW 28B.10.115 and 1985 c 218 s 1 are each amended to read as follows:

              The courses of instruction of both the University of Washington and Washington State University shall embrace as major lines, pharmacy, architecture, civil engineering, ((electrical engineering,)) mechanical engineering, chemical engineering, and forest management as distinguished from forest products and logging engineering which are exclusive to the University of Washington. These major lines shall be offered and taught at said institutions only.


              NEW SECTION. Sec. 2. A new section is added to chapter 28B.80 RCW to read as follows:

              (1) This section applies to any amendment to RCW 28B.10.115 after January 1, 2003, that changes the major lines of instruction exclusive to the University of Washington or Washington State University, including the amendments in chapter . . ., Laws of 2003 (this act).

              (2) If a four-year institution requests approval under RCW 28B.80.340 of a new degree program that is the result of legislation enacted to change RCW 28B.10.115, the higher education coordinating board shall conduct an independent analysis using information from a variety of sources as part of the board's review of the proposed program, including but not limited to information submitted by the institution. Such information shall include:

              (a) Detailed evidence of why the program is justified, including the size and scope of student, employer, and community demand for the program;

              (b) The feasibility of using existing public or private capacity for the program and comparisons of the state cost of providing existing and proposed capacity. Any institution that offers programs under this section shall comply with all applicable state rules and regulations;

              (c) Projected future enrollment in the program and substantiation of the enrollment estimates; and

              (d) Additional information as requested by the board regarding demand, need, and cost-effectiveness of the program.

              (3) The higher education coordinating board shall submit a complete analysis of a proposed program under this section to the higher education committees of the legislature at least one meeting before making a final determination regarding approval of the program. The board's final action is not contingent on legislative approval."


              Correct the title.

 

Signed by Representatives Kenney, Chairman; Fromhold, Vice Chairman; Cox, Ranking Minority Member; Priest, Assistant Ranking Minority Member; Berkey; Boldt; Buck; Chase; Clements; Condotta; Gombosky; Jarrett; Lantz; McCoy and Morrell.


             Passed to Committee on Rules for second reading.

April 3, 2003

SB 5477            Prime Sponsor, Senator Shin: Requiring the delivery of endorsements by recording officers. Reported by Committee on Local Government

 

MAJORITY recommendation: Do pass as amended.


              On page 1, line 8, after "thereafter" insert "either"

 

Signed by Representatives Romero, Chairman; Upthegrove, Vice Chairman; Schindler, Ranking Minority Member; Jarrett, Assistant Ranking Minority Member; Ahern; Berkey; Clibborn; Edwards; Ericksen; Mielke and Moeller.


             Passed to Committee on Rules for second reading.

April 2, 2003

ESSB 5492       Prime Sponsor, Senate Committee On Financial Services, Insurance & Housing: Revising provisions for sale of timeshares. Reported by Committee on Commerce & Labor

 

MAJORITY recommendation: Do pass as amended.


              Strike everything after the enacting clause and insert the following:


              "NEW SECTION. Sec. 1. A new section is added to chapter 64.36 RCW to read as follows:

              (1) An effective registration pursuant to this chapter is required for any party to offer to sell a timeshare interest. A promoter who offers to sell or sells revocable timeshare interests in incomplete projects or facilities is limited by and must comply with all of the requirements of RCW 64.36.025. If a promoter seeks to enter into irrevocable purchase agreements with purchasers for timeshare interests in incomplete projects or facilities, the promoter must meet the requirements in this section in addition to RCW 64.36.020 and the following limitations and conditions apply:

              (a) The promoter is limited to offering or selling only fee simple deeded timeshare interests;

              (b) Construction on the project must have begun by the time the irrevocable purchase agreement is signed, and the purchaser must have the right to occupy the unit and use all contracted for amenities no later than within two years of the date that the irrevocable purchase agreement is signed;

              (c) The promoter must establish an independent third-party escrow account for the purpose of protecting the funds or other property paid, pledged, or deposited by purchasers;

              (d) The promoter's solicitations, advertisements, and promotional materials must clearly and conspicuously disclose that "THE PROJECT IS NOT YET COMPLETED; IT IS STILL UNDER CONSTRUCTION"; and

              (e) The promoter's solicitations, advertisements, and promotional materials and the timeshare interest purchase agreement must clearly and conspicuously provide for and disclose the last possible estimated date for completion of construction of any building(s) the promoter is contractually obligated to the purchaser to complete.

              (2) The timeshare interest purchase agreement must contain the following language in fourteen-point bold face type: "If the building in which the timeshare interest is located and all contracted for amenities are not completed by [estimated date of completion], the purchaser has the right to void the purchase agreement and is entitled to a full, unqualified refund of all moneys paid."

              (3) One hundred percent of all funds or other property that is received from or on behalf of purchasers of timeshare interests prior to the occurrence of events required in this section must be deposited pursuant to a third-party escrow agreement approved by the director. For purposes of this section, "purchasers" includes all persons solicited, offered, or who purchase a timeshare interest by the promoter within the state of Washington. An escrow agent shall maintain the account only in such a manner as to be under the direct supervision and control of the escrow agent. The escrow agent has a fiduciary duty to each purchaser to maintain the escrow accounts in accordance with good accounting practices and to release the purchaser's funds or other property from escrow only in accordance with this chapter. Should the escrow agent receive conflicting demands for funds or property held in escrow, the escrow agent shall immediately notify the department of licensing of the dispute and the department shall determine if and how the funds should be distributed. If the purchaser, promoter, or escrow agent disagrees with the department's determination, the parties have the right to request an administrative hearing under chapter 34.05 RCW. Funds may be released from the escrow account to the purchaser if the purchaser cancels within the cancellation period, or to the promoter only when all three of the following conditions occur:

              (a) The purchaser's cancellation period has expired;

              (b) Closing has occurred; and

              (c) Construction is complete and the building is ready to occupy.

              (4) In lieu of depositing purchaser funds into an escrow account, the promoter may post with the department a bond in an amount equal to or greater than the amount that would otherwise be required to be placed into the escrow account.

              (5) Any purchaser has the right to void the timeshare purchase agreement and request a full, unqualified refund if construction of the building in which the timeshare interest is located or all contracted for amenities are not completed within two years from the date that the irrevocable purchase agreement is signed or by the last estimated date of construction contained in the irrevocable purchase agreement, whichever is earlier.

              (6) If the completed timeshare building or contracted for amenities are materially and adversely different from the building or amenities that were promised to purchasers at the time that the purchase agreements were signed, the director may declare any or all of the purchaser contracts void. Before declaring the contracts void, the director shall give the promoter the opportunity for a hearing in accordance with chapters 34.05 and 18.235 RCW.

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