S-3902.2                   _______________________________________________

                                                     SENATE BILL 6012

                              _______________________________________________

State of Washington                              53rd Legislature                             1994 Regular Session

By Senator Fraser

Read first time 01/10/94.  Referred to Committee on Ecology & Parks.

Correcting multiple amendments related to air pollution control authorities.

          AN ACT Relating to correcting multiple amendments related to air pollution control authorities; and reenacting and amending RCW 70.94.053 and 70.94.055.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  RCW 70.94.053 and 1991 c 363 s 143, 1991 c 199 s 701, and 1991 c 125 s 1 are each reenacted and amended to read as follows:

          (1) In each county of the state there is hereby created an air pollution control authority, which shall bear the name of the county within which it is located.  The boundaries of each authority shall be coextensive with the boundaries of the county within which it is located.  An authority shall include all incorporated and unincorporated areas of the county within which it is located.

          (2) Except as provided in RCW 70.94.262, all authorities which are presently ((with populations of one hundred twenty-five thousand or more)) activated authorities shall carry out the duties and exercise the powers provided in this chapter.  Those activated authorities which encompass contiguous counties are declared to be and directed to function as a multicounty authority.

          (3) ((Except as provided in RCW 70.94.232,)) All other air pollution control authorities are hereby designated as inactive authorities.

          (4) The boards of those authorities designated as activated authorities by this chapter shall be comprised of such appointees and/or members of county legislative authorities or other officers as is provided in RCW 70.94.100.

        Sec. 2.  RCW 70.94.055 and 1991 c 363 s 144 and 1991 c 199 s 702 are each reenacted and amended to read as follows:

          The ((county)) legislative authority of any county ((with a population of less than one hundred twenty-five thousand)) may activate an air pollution control authority following a public hearing on its own motion, or upon a filing of a petition signed by one hundred property owners within the county.  If the county legislative authority determines as a result of the public hearing that:

          (1) Air pollution exists or is likely to occur; and

          (2) The city or town ordinances, or county resolutions, or their enforcement, are inadequate to prevent or control air pollution,

          it may by resolution activate an air pollution control authority or combine with a contiguous county or counties to form a multicounty air pollution control authority.

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