HOUSE BILL REPORT
HB
2152
As Reported By House Committee On:
Environmental Affairs
Title: An act relating to appeals involving boards within the environmental hearings office.
Brief Description: Revising procedures for appeals involving boards within the environmental hearings office.
Sponsors: Representatives Rust, Horn, Sommers, Karahalios, Linville, L. Johnson, J. Kohl and Patterson.
Brief History:
Reported by House Committee on:
Environmental Affairs, January 20, 1994, DPS.
HOUSE COMMITTEE
ON ENVIRONMENTAL AFFAIRS
Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. Signed by 13 members: Representatives Rust, Chair; Flemming, Vice Chair; Horn, Ranking Minority Member; Van Luven, Assistant Ranking Minority Member; Bray; Edmondson; Foreman; Holm; L. Johnson; J. Kohl; Linville; Roland, and Sheahan.
Minority Report: Do not pass. Signed by 1 member: Representative Hansen.
Staff: Harry Reinert (786-7110).
Background: The Pollution Control Hearings Board (PCHB) has three members of the public appointed by the governor. The PCHB considers appeals of Department of Ecology decisions to impose a fine or penalty and of department regulatory orders. The PCHB also reviews decisions of the air pollution control boards and of the Office of Marine Safety. Although the PCHB has authority to appoint a hearing examiner to conduct hearings, decisions of the PCHB must be agreed to by at least two members of the board.
The Shorelines Hearings Board (SHB) has six members. Three of the members are the three PCHB members. The other three members must include a representative of cities and a representative of counties. Under the Shoreline Management Act, each county and city is required to adopt a master program to regulate the shorelines within the government's boundaries. A substantial development permit is required from the local government prior to construction within the shorelines, although there are a number of exemptions from the permit requirement. The SHB hears appeals from local government decisions relating to substantial development permits. The SHB also hears local government appeals of the Department of Ecology rules related to the Shorelines Management Act. Decisions of the SHB must be approved by at least four members of the board and are appealable to superior court. The SHB may also hear an appeal of a decision under the State Environmental Policy Act (SEPA) if the parties consent to transferring the case to the SHB. The decision of the SHB shall be certified by the superior court and may only be appealed to the court of appeals.
The Forest Practices Appeals Board has three public members appointed by the governor. The Forest Practices Appeals Board hears appeals of decisions by the Department of Natural Resources to approve or disapprove of a forest practice.