1080-S AMH SCHO H2080.1

SHB 1080 - H AMD 072 ADOPTED 3/7/95

By Representative Schoesler

    On page 2, after line 12, insert the following:

    "Sec. 2.  RCW 70.94.141 and 1991 c 199 s 706 are each amended to read as follows:

    The board of any activated authority in addition to any other powers vested in them by law, shall have power to:

    (1) Adopt, amend, and repeal its own rules and regulations, implementing this chapter and consistent with, and with regard to agricultural burning no more stringent than it, after consideration at a public hearing held in accordance with chapter 42.30 RCW.  Rules and regulations shall also be adopted in accordance with the notice and adoption procedures set forth in RCW 34.05.320, those provisions of RCW 34.05.325 that are not in conflict with chapter 42.30 RCW, and with the procedures of RCW 34.05.340, 34.05.355 through 34.05.380, and with chapter 34.08 RCW, except that rules shall not be published in the Washington Administrative Code.  Judicial review of rules adopted by an authority shall be in accordance with Part V of chapter 34.05 RCW.  An air pollution control authority shall not be deemed to be a state agency.

    (2) Hold hearings relating to any aspect of or matter in the administration of this chapter not prohibited by the provisions of chapter 62, Laws of 1970 ex. sess. and in connection therewith issue subpoenas to compel the attendance of witnesses and the production of evidence, administer oaths, and take the testimony of any person under oath.

    (3) Issue such orders as may be necessary to effectuate the purposes of this chapter and enforce the same by all appropriate administrative and judicial proceedings subject to the rights of appeal as provided in chapter 62, Laws of 1970 ex. sess.

    (4) Require access to records, books, files, and other information specific to the control, recovery, or release of air contaminants into the atmosphere.

    (5) Secure necessary scientific, technical, administrative, and operational services, including laboratory facilities, by contract or otherwise.

    (6) Prepare and develop a comprehensive plan or plans for the prevention, abatement, and control of air pollution within its jurisdiction.

    (7) Encourage voluntary cooperation by persons or affected groups to achieve the purposes of this chapter.

    (8) Encourage and conduct studies, investigation, and research relating to air pollution and its causes, effects, prevention, abatement, and control.

    (9) Collect and disseminate information and conduct educational and training programs relating to air pollution.

    (10) Advise, consult, cooperate, and contract with agencies and departments and the educational institutions of the state, other political subdivisions, industries, other states, interstate or interlocal agencies, and the United States government, and with interested persons or groups.

    (11) Consult, upon request, with any person proposing to construct, install, or otherwise acquire an air contaminant source or device or system for the control thereof, concerning the efficacy of such device or system, or the air pollution problems which may be related to the source, device, or system.  Nothing in any such consultation shall be construed to relieve any person from compliance with this chapter, ordinances, resolutions, rules, and regulations in force pursuant thereto, or any other provision of law.

    (12) Accept, receive, disburse, and administer grants or other funds or gifts from any source, including public and private agencies and the United States government for the purpose of carrying out any of the functions of this chapter."

    Renumber the remaining sections consecutively and correct internal references accordingly.

SHB 1080 - H AMD

By Representative Schoesler

    On page 1, line 2 of the title, after "RCW 70.94.745" insert "and 70.94.141"

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