6430 AMS LUDW EAGL 02
SB 6430 - S AMD - 000216
BySenator Ludwig
On page 1, beginning on line 4, strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 34.05.310 and 1993 c 202 s 2 are each amended to read as follows:
(1) To meet the intent of
providing greater public access to administrative rule making and to promote
consensus among interested parties, agencies ((are encouraged to:
(1))) shall solicit comments from the public
on a subject of possible rule making before publication of a notice of proposed
rule adoption under RCW 34.05.320. ((This process can be accomplished by
having a notice published in the state register of the subject under active
consideration and indicating where, when, and how persons may comment; and))
The agency shall prepare a statement of intent that:
(a) States the specific statutory authority for the new rule;
(b) Identifies the reasons the new rule is needed;
(c) Identifies the goals of the new rule;
(d) Describes the process by which the rule will be developed, including, but not limited to, negotiated rule making, pilot rule making, or agency study; and
(e) Specifies the process by which interested parties can effectively participate in the formulation of the new rule.
The statement of intent shall be filed with the code reviser for publication in the state register and shall be sent to identifiable interested parties. Interested parties may include, but are not limited to, trade associations, interest groups, specific businesses, the business assistance center, chambers of commerce, local governments, labor organizations, environmental groups, consumer protection groups, citizen organizations, state agencies, and any other appropriate entity.
(2) Agencies are encouraged to develop and use new procedures for reaching agreement among interested parties before publication of notice and the adoption hearing on a proposed rule. Examples of new procedures include, but are not limited to:
(a) Negotiated rule making which includes:
(i) Identifying individuals and organizations that have a recognized interest in or will be significantly affected by the adoption of the proposed rule;
(((b))) (ii)
Soliciting participation by persons who are capable, willing, and appropriately
authorized to enter into such negotiations;
(((c))) (iii)
Assuring that participants fully recognize the consequences of not
participating in the process, are committed to negotiate in good faith, and
recognize the alternatives available to other parties;
(((d))) (iv)
Establishing guidelines to encourage consideration of all pertinent issues, to
set reasonable completion deadlines, and to provide fair and objective
settlement of disputes that may arise;
(((e))) (v)
Agreeing on a reasonable time period during which the agency will be bound to
the rule resulting from the negotiations without substantive amendment; and
(((f))) (vi)
Providing a mechanism by which one or more parties may withdraw from the
process or the negotiations may be terminated if it appears that consensus
cannot be reached on a draft rule that accommodates the needs of the agency,
interested parties, and the general public and conforms to the legislative
intent of the statute that the rule is intended to implement; and
(b) Pilot rule making which includes testing the draft of a proposed rule through the use of volunteer pilot study groups in various areas and circumstances.
(3)(a) Agencies must make a determination whether negotiated rule making, pilot rule making, or another process for generating participation from interested parties prior to development of the rule is appropriate.
(b) Agencies must include a written justification in the rule-making file if an opportunity for interested parties to participate in the rule-making process prior to publication of the proposed rule has not been provided.
NEW SECTION. Sec. 2. A new section is added to chapter 34.05 RCW to read as follows:
(1) Any state agency promulgating a new rule must first conduct an analysis to determine what other state agencies are already regulating the same activity or subject matter. If other agencies are, in fact, regulating the same activity or subject matter, agencies must consider if (a) a modification of existing regulatory activities will accomplish the goal without the need for promulgating new rules, (b) the efforts of the regulating agencies can be combined or coordinated to meet the goals of all jurisdictions without adding a compliance burden on those who are regulated, and (c) an overlap or conflict exists.
(2) If more than one agency, or division of an agency, is regulating the same activity or subject matter, the state agencies involved shall negotiate an "interagency agreement" with other appropriate state regulatory bodies. Interagency agreements must contain the following elements:
(a) A clear identification of the components of regulatory activity that will be covered by the agreement;
(b) The duration of the agreement, and a mechanism by which an agreement may be terminated or renegotiated;
(c) The designation of which agency shall serve as the "lead" for each component. The lead agency shall have responsibility for coordinating activities of other entities and authority for making the final decision within that component; and
(d) The manner in which funding and resources shall be divided.
(3) An interagency agreement must be submitted to the governor for approval. The governor shall consider, among other criteria, whether the agreement will make compliance easier for regulated activities, whether the agreement complies with legislative intent, and whether the goals of the regulation are satisfied adequately.
(4) Agencies may request an independent arbitrator from the attorney general to preside over the negotiations at any point in the development of the interagency agreement.
(5) If an interagency agreement is not achieved, or if an unresolved conflict or overlap between entities exists that has not been resolved through an interagency agreement, the agency initiating the proposed rule shall notify the governor and the legislature of the existence of an impasse or conflict."
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