6336-S2 AMH APP AMH-Q
2SSB 6336 - H COMM AMD
By Committee on Appropriations
ADOPTED AS AMENDED 2/29/96
Strike everything after the enacting clause and insert the following:
"PART I
WATER RESOURCES BOARD
NEW SECTION. Sec. 1. The legislature finds that balanced administration and management of the state water resources is of paramount importance to the citizens of the state. The legislature finds that regional differences in water resource conditions require greater consideration in the development and administration of water resource policy. The legislature finds that to effectively take regional differences into consideration, the decision-making authority needs to be based on water resource plans developed by local elected officials and interested persons from various regions of the state.
It is the intent of the legislature to create a water resources board to establish and administer certain state-wide policies and to divide the board into two regional commissions for establishing and administering other policies. Further, it is the direction of the legislature that the board implement programs that are balanced with the interests of all sectors of the state's residents taken in account.
It is further the intent of the legislature that all existing water rights be protected and not diminished by the actions of the state and that the principles of the prior appropriation doctrine of western water law remain unchanged by this enactment (chapter . . ., Laws of 1996).
NEW SECTION. Sec. 2. The definitions in this section apply throughout this chapter.
(1) "Board" means the water resources board created by this chapter.
(2) "Commission" means the western or eastern Washington water resource commission established pursuant to this chapter.
(3) "Water supply special purpose district" means a water, combined water-sewer, irrigation, reclamation, or public utility district that provides water to persons or other water users within the district.
(4) "State engineer" means the person hired by the board to administer the state engineer's office and the water resource programs and responsibilities assigned to that office.
(5) "WRIA" means a water resource inventory area established in WAC 173-500-030, as it exists on January 1, 1996.
NEW SECTION. Sec. 3. (1) There is hereby created and established a water resources board. The board shall be composed of the members of the two commissions created by this subsection. There are hereby created and established two subdivisions of the water resources board to be known as the eastern Washington water resource commission and the western Washington water resource commission. The eastern Washington water resource commission shall have jurisdiction throughout the area of the state east of the crest of the Cascade mountains and including all of Skamania county. The western Washington water resource commission shall have jurisdiction throughout the area of the state west of the crest of the Cascade mountains, exclusive of Skamania county.
(2) The members of a commission shall serve four-year terms. Each of the commissioners shall hold office until his or her successor is appointed. The members of a commission shall biennially choose a chair from among themselves. The chair of the eastern Washington water resource commission and the chair of the western Washington water resource commission shall serve as chair of the water resources board in alternating years. The chair of the eastern commission shall serve as the chair of the board in each odd-numbered year.
(3) Each commission shall be composed of eight members nominated by the counties and appointed by the governor as provided in this section.
(a) The counties within the jurisdiction of the eastern Washington water resource commission are divided into two groups: (i) Benton, Chelan, Douglas, Franklin, Grant, Kittitas, Klickitat, Okanogan, Skamania, and Yakima counties; and (ii) the remaining counties within the jurisdiction of the commission. The counties assigned to a particular group shall collectively nominate six persons for appointment to the eastern Washington water resource commission and submit this list of nominations to the governor. The governor shall appoint four members of the commission from each of the two lists submitted in this manner.
(b) The counties within the jurisdiction of the western Washington water resource commission are divided into four groups: (i) King, Pierce, and Snohomish counties; (ii) Island, San Juan, Skagit, and Whatcom counties; (iii) Clallam, Jefferson, Kitsap, Mason, and Grays Harbor counties; and (iv) the remaining counties within the jurisdiction of the commission. Nominations for appointment to the western Washington water resource commission from each group shall be submitted to the governor.
(c) Each of the counties listed in (b)(i) of this subsection shall nominate two persons and each of the cities of Seattle, Tacoma, and Everett shall nominate two persons for appointment to the commission and the governor shall appoint five members to the western Washington water resource commission from these nominations.
(d) The counties in (b)(ii) of this subsection shall collectively nominate three persons for appointment to the commission and the governor shall appoint one member to the western Washington water resource commission from these nominations. The counties in (b)(iii) of this subsection shall collectively nominate three persons for appointment to the commission and the governor shall appoint one member to the western Washington water resource commission from these nominations. The counties in (b)(iv) of this subsection shall collectively nominate three persons for appointment to the commission and the governor shall appoint one member to the western Washington water resource commission from these nominations.
(e) The members of the legislative authorities of the counties assigned to a group by (a) of this subsection or assigned to a group by (b) of this subsection shall convene to nominate persons for appointment to the eastern or western Washington water resource commission. The counties and the counties and cities in (c) of this subsection shall provide their lists of nominees to the governor not later than thirty days after the effective date of this section. If the counties assigned to a group do not provide nominations within the prescribed time, the governor may make the appointments allocated to the group without nominations. Each county assigned to a group by this subsection (3) for one or more collective nominations shall be entitled to three votes for each nomination and shall divide the votes equally among the members of the legislative authority of the county. Nominations shall be made by a majority vote of all of such members assigned to the group based on the votes allocated to them under this section. The governor shall make all appointments to the commissions within ninety days of the effective date of this section.
Nominations and appointments to fill vacancies on the commission shall be made as provided by this section for original appointments to the positions. Such nominations shall be made within sixty days of the date the vacancy is created or the appointment shall be made without nominations. The governor shall appoint a person to fill a vacancy within thirty days of the date the vacancy is created.
Nominations and appointments to fill expired terms of office of the members of the commission shall be made as prescribed for nominations and appointments for the initial membership of the commissions. The members of the county legislative authorities shall make nominations sixty days before the expiration of terms of office and the governor shall make appointments not later than the date of the expiration of the terms of office, which appointments shall take effect upon the expiration of those terms.
(4) Each person nominated for appointment to a commission shall be knowledgeable about state water law and have at least five years' experience in water resource matters.
(5) No elective state official, state officer, or state employee shall be a member of a commission nor may a member of the commission have been such an official, officer, or employee within two years of being appointed to the commission. At the time of their appointment and thereafter during their respective terms of office, the members of the eastern commission shall reside within the eastern jurisdiction and the members of the western commission shall reside within the western jurisdiction. No more than two members of each commission shall reside in the same county.
(6) The governor may remove any member of a commission for malfeasance or misfeasance in office or for having at least five unexcused absences during the person's term of office which constitute twenty percent or more of the meetings that have been conducted by the commission during the term. A person's absence from a meeting may be excused: By the chair of the commission if a written request to do so is received by the chair before the meeting from which the member is to be absent; or by a majority vote of the members of the commission at the meeting during which the member is absent.
(7) Each member of the commissions may receive reimbursement for travel expenses incurred in the discharge of his or her duties in accordance with RCW 43.03.050 and 43.03.060. The board and the commissions shall operate on a part-time basis and each member shall receive compensation pursuant to RCW 43.03.250. The principal office of each commission shall be located within the jurisdictional boundaries of each commission. The principal office of the board shall be in the same location as the principal office of the state engineer.
NEW SECTION. Sec. 4. For actions taken by the board, a majority of all of the commissioners shall constitute a quorum. A majority of the members of a commission shall constitute a quorum of the commission for the transaction of any business, for the performance of any duty, or for the exercise of any power of the commission. Any investigation, inquiry, or hearing that a commission has power to undertake or to hold may be undertaken or held by or before any commissioner. All investigations, inquiries, and hearings of a commission, and all findings, orders, or decisions, made by a commissioner, when approved and confirmed by the commission and filed in its office, shall be and be deemed to be the orders or decisions of the commission. All actions of a commission, the board, or of a commissioner acting individually under the authority of this section shall be conducted in accordance with the administrative procedure act, chapter 34.05 RCW.
NEW SECTION. Sec. 5. (1) In addition to the powers, duties, and functions in sections 15 and 16 of this act, the board and the commissions have the powers and duties assigned by this section.
(a) The board shall adopt rules for its operation.
(b) The board shall appoint the state engineer. The state engineer shall serve at the pleasure of the board.
(c) The board shall prepare and approve a proposed budget for the board, the commissions, and the office of the state engineer.
(d) Each commission shall appoint and employ staff as may be necessary for the direct support of the activities of the commission.
(e) Each commission shall approve or deny all interbasin transfers within its jurisdiction with the advice of the state engineer. The board shall by rule adopt procedures for interbasin transfers, consistent with state law. Except with regard to the specific powers and duties expressly granted to the board by this section, the powers granted to the board and the commissions by this chapter shall, within the geographic jurisdiction of a commission, be exercised by the commission.
(2) The board and the commissions severally may adopt rules only: To the extent specifically required by federal law or a court order; to the extent explicitly authorized by state law; or to implement a specific objective of a state statute.
(3) The state engineer shall administer the state's water quantity programs on behalf of the board and the commissions through an office of the state engineer which is hereby created. The state engineer shall be the administrator of the office and the supervisor of the employees of the office.
NEW SECTION. Sec. 6. All proceedings of a commission or of the board are subject to the open public meetings act, chapter 42.30 RCW. All public records in possession of the board, the commissions, and the state engineer shall be subject to chapter 42.17 RCW regarding public records. The board shall make and submit to the governor and the legislature a biennial report beginning January 1998 containing a statement of the transactions and proceedings of its office, together with the information gathered by the board, the commissions, and the state engineer and such other facts, suggestions, and recommendations as the governor may require or the legislature request.
NEW SECTION. Sec. 7. In exercising the powers, duties, and functions transferred to the state engineer in sections 15 and 16 of this act, the state engineer is encouraged to collect data from available sources, conduct analyses and studies by contract, and conduct field investigations by means of memoranda of understanding with units of local government.
PART II
TRANSFER OF POWER
Sec. 8. RCW 43.27A.020 and 1987 c 109 s 31 are each amended to read as follows:
As used in this chapter, and unless the context indicates otherwise, words and phrases shall mean:
(1) "((Department))
Commission" means the ((department of ecology;)) western
or eastern water resource commission.
(2)
"Director" means the ((director of ecology;)) state
engineer.
(3) "State
agency" and "state agencies" mean any branch, department or unit
of state government, however designated or constituted((;)).
(4) "Water resources" means all waters above, upon, or beneath the surface of the earth, located within the state and over which the state has sole or concurrent jurisdiction.
(5) "Beneficial use" means, but its meaning shall not be limited to: Domestic water supplies; irrigation; fish, shellfish, game, and other aquatic life; recreation; industrial water supplies; generation of hydroelectric power; and navigation.
Sec. 9. RCW 43.27A.090 and 1988 c 127 s 25 are each amended to read as follows:
The ((department))
commissions shall be empowered as follows:
(1) To represent the state at, and fully participate in, the activities of any basin or regional commission, interagency committee, or any other joint interstate or federal-state agency, committee or commission, or publicly financed entity engaged in the planning, development, administration, management, conservation or preservation of the water resources of the state.
(2) To prepare the views and recommendations of the state of Washington on any project, plan, or program relating to the planning, development, administration, management, conservation, and preservation of any waters located in or affecting the state of Washington, including any federal permit or license proposal, and appear on behalf of, and present views and recommendations of the state at any proceeding, negotiation or hearing conducted by the federal government, interstate agency, state or other agency.
(3) To cooperate with,
assist, advise and coordinate plans with the federal government and its
officers and agencies, and serve as a state liaison agency with the federal
government in matters relating to the use, conservation, preservation, ((quality,
disposal)) or control of water and activities related thereto.
(4) To cooperate with appropriate agencies of the federal government and/or agencies of other states, to enter into contracts, and to make appropriate contributions to federal or interstate projects and programs and governmental bodies to carry out the provisions of this chapter.
(5) To apply for, accept, administer and expend grants, gifts and loans from the federal government or any other entity to carry out the purposes of this chapter and make contracts and do such other acts as are necessary insofar as they are not inconsistent with other provisions hereof.
(6) ((To develop and
maintain a coordinated and comprehensive state water and water resources
related development plan, and adopt, with regard to such plan, such policies as
are necessary to insure that the waters of the state are used, conserved and
preserved for the best interest of the state. There shall be included in the
state plan a description of developmental objectives and a statement of the
recommended means of accomplishing these objectives. To the extent the director
deems desirable, the plan shall integrate into the state plan, the plans,
programs, reports, research and studies of other state agencies.
(7))) To assemble and correlate information relating
to water supply, power development, irrigation, watersheds, water use, future
possibilities of water use and prospective demands for all purposes served
through or affected by water resources development.
(((8))) (7)
To assemble and correlate state, local and federal laws, regulations, plans,
programs, and policies affecting the beneficial use, ((disposal,
pollution,)) control, or conservation of water, river basin
development, flood prevention, parks, reservations, forests, wildlife refuges,
drainage ((and sanitary)) systems, ((waste disposal,)) water
works, watershed protection and development, instream flows, soil
conservation, power facilities and area and municipal water supply needs, and
recommend suitable legislation or other action to the legislature, the congress
of the United States, or any city, municipality, or to responsible state, local
or federal executive departments or agencies.
(((9))) (8)
To cooperate with federal, state, regional, interstate and local public and
private agencies in the making of plans for drainage, flood control, use,
conservation, allocation and distribution of existing water supplies and the
development of new water resource projects.
(((10))) (9)
To encourage, assist and advise regional, and city and municipal agencies,
officials or bodies responsible for planning in relation to water aspects of
their programs, and ((coordinate)) to collect information that
facilitates the coordination of local water resources activities, programs,
and plans.
(((11))) (10)
To ((promulgate)) adopt such rules ((and regulations)) as
are necessary to carry out the purposes of this chapter.
(((12))) (11)
To hold public hearings, and make such investigations, studies and surveys as
are necessary to carry out the purposes of the chapter.
(((13))) (12)
To subpoena witnesses, compel their attendance, administer oaths, take the
testimony of any person under oath and require the production of any books or
papers when the ((department)) commission deems such measures
necessary in the exercise of its rule-making power or in determining whether or
not any license, certificate, or permit shall be granted or extended.
Sec. 10. RCW 43.27A.130 and 1988 c 127 s 26 are each amended to read as follows:
The ((department of
ecology)) state engineer may make complete inventories of the
state's water resources and enter into such agreements with the director of the
United States geological survey as will insure that investigations and surveys
are carried on in an economical manner.
Sec. 11. RCW 43.27A.190 and 1987 c 109 s 11 are each amended to read as follows:
Notwithstanding and in
addition to any other powers granted to the ((department of ecology)) state
engineer, whenever it appears to the ((department)) engineer
that a person is violating or is about to violate any of the provisions of the
following:
(1) Chapter 90.03 RCW; or
(2) Chapter 90.44 RCW; or
(3) ((Chapter 86.16
RCW; or
(4) Chapter 43.37
RCW; or
(5))) Chapter 43.27A RCW; or
(((6))) (4)
Any other law relating to water resources administered by the ((department))
engineer; or
(((7))) (5)
A rule ((or regulation)) adopted, or a directive or order issued by the
((department)) board, a commission, or the state engineer
relating to subsections (1) through (((6))) (4) of this section;
the ((department)) engineer may cause a written regulatory order
to be served upon said person either personally, or by registered or certified
mail delivered to addressee only with return receipt requested and acknowledged
by him or her. The order shall specify the provision of the statute,
rule, regulation, directive, or order alleged to be or about to be
violated, and the facts upon which the conclusion of violating or potential
violation is based, and shall order the act constituting the violation or the
potential violation to cease and desist or, in appropriate cases, shall order
necessary corrective action to be taken with regard to such acts within a specific
and reasonable time. The regulation of a headgate or controlling works as
provided in RCW 90.03.070, by a watermaster, stream patrolman, or other person
so authorized by the ((department)) engineer shall constitute a
regulatory order within the meaning of this section. A regulatory order issued
hereunder shall become effective immediately upon receipt by the person to whom
the order is directed, except for regulations under RCW 90.03.070 which shall
become effective when a written notice is attached as provided therein. Any
person aggrieved by such order may appeal the order pursuant to RCW 43.21B.310.
Sec. 12. RCW 43.21A.020 and 1970 ex.s. c 62 s 2 are each amended to read as follows:
In recognition of the
responsibility of state government to carry out the policies set forth in RCW
43.21A.010, it is the purpose of this chapter to establish a single state
agency with the authority to manage ((and develop)) our air ((and
water)) resources in an orderly, efficient, and effective manner and to
carry out a coordinated program of pollution control involving ((these))
air, water, and related land resources. To this end a department of
ecology is created by this chapter to undertake, in an integrated manner, the
((various water)) regulation, management, and planning ((and
development)) of water quality programs now authorized to be
performed by ((the department of water resources and)) the water
pollution control commission, the air regulation and management program now
performed by the state air pollution control board, the solid waste regulation
and management program authorized to be performed by state government as
provided by chapter 70.95 RCW, and such other environmental, management
protection and development programs as may be authorized by the legislature.
Sec. 13. RCW 43.21A.067 and 1987 c 109 s 27 are each amended to read as follows:
The ((director of
ecology)) state engineer may create within ((his department))
the engineer's office a fund to be known as the "basic data
fund."
Into such fund shall be
deposited all moneys contributed by persons for stream flow, ground water,
and water quality data or other hydrographic information furnished by the ((department))
engineer in cooperation with the United States geological survey, and
the fund shall be expended on a matching basis with the United States
geological survey for the purpose of obtaining additional basic information
needed for an intelligent inventory of water resources in the state.
Disbursements from the
basic data fund shall be on vouchers approved by the ((department)) engineer
and the district engineer of the United States geological survey.
Sec. 14. RCW 90.54.040 and 1988 c 47 s 5 are each amended to read as follows:
(1) The ((department))
water resources board and its commissions, through the adoption of
appropriate rules, ((is)) are directed((, as a matter of high
priority to insure that the waters of the state are utilized for the best
interests of the people,)) to develop and implement in accordance with the
policies of this chapter a ((comprehensive state)) water resources
program ((which will provide a process for making decisions)) that
implements policies on future water resource allocation and use. ((The
department may develop the program in segments so that immediate attention may
be given to waters of a given physioeconomic region of the state or to specific
critical problems of water allocation and use.
The current
guidelines, standards, or criteria governing the elements of the water resource
program established pursuant to this subsection shall not be altered or amended
after March 15, 1988, in accordance with RCW 90.54.022(5).)) The board and commissions shall have the
sole and exclusive authority to adopt rules concerning the regulation of
surface and ground water.
(2) In relation to the
management and regulatory programs relating to water resources vested in ((it))
them, the ((department is)) board and commissions are
further directed to modify existing ((regulations)) rules and
adopt new ((regulations)) rules, when needed and possible, to
insure that existing regulatory programs are in accord with the ((water
resource policy of this chapter and the program established in subsection (1)
of this section. The current guidelines, standards, or criteria governing the
department's implementation of this subsection shall not be altered or amended
after March 15, 1988, in accordance with subsection (1) of this section)) policies
of chapter . . ., Laws of 1996 (this act).
(3) The ((department
is)) commissions are directed to review all statutes relating to
water resources which ((it is)) they are responsible for implementing.
When any of the same appear to the ((department)) commissions to
be ambiguous, burdensome, unclear, unworkable, unnecessary, or otherwise
deficient, ((it)) they shall make recommendations to the
legislature including appropriate proposals for statutory modifications or
additions. Whenever it appears that the policies of any such statutes are in
conflict with the policies of chapter . . ., Laws of 1996 (this
((chapter)) act), and the ((department is)) commissions
are unable to fully perform as provided in subsection (2) of this section,
the ((department is)) commissions are directed to submit
statutory modifications to the legislature which, if enacted, would allow the
((department)) commissions to carry out such statutes in harmony
with this chapter.
NEW SECTION. Sec. 15. (1) On the effective date of this section, all powers, duties, and functions of the department of ecology pertaining to water resource quantity are transferred to the water resources board, the western Washington and eastern Washington water resource commissions, or the state engineer. The authority to adopt rules regarding those powers, duties, and functions is transferred to the commissions and the administration of those powers, duties, and functions is transferred to the state engineer. All references to the director or the department of ecology in the Revised Code of Washington shall be construed to mean the water resources board, the western Washington and eastern Washington water resource commissions, or the state engineer when referring to the functions transferred in this section.
(2)(a) All reports, documents, surveys, books, records, files, papers, or written material including but not limited to the water resources information system established and maintained under RCW 90.54.030, in the possession of the department of ecology pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the state engineer. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of ecology in carrying out the powers, functions, and duties transferred shall be made available to the water resources board, the western Washington and eastern Washington water resource commissions, and the state engineer. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the water resources board, the western Washington and eastern Washington water resource commissions, and the state engineer.
(b) Any appropriations made to the department of ecology for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the water resources board, the western Washington and eastern Washington water resource commissions, and the state engineer.
(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 director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
(3) All employees classified under chapter 41.06 RCW, the state civil service law, of the department of ecology engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the water resources board, the western Washington and eastern Washington water resource commissions, and the state engineer. The employees are assigned to the water resources board, the western Washington and eastern Washington water resource commissions, and the state engineer to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.
(4) All rules and all pending business before the department of ecology pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the water resources board, the western Washington and eastern Washington water resource commissions, and the state engineer. All existing contracts and obligations shall remain in full force and shall be performed by the water resources board, the western Washington and eastern Washington water resource commissions, and the state engineer.
(5) The transfer of the powers, duties, functions, and personnel of the department of ecology shall not affect the validity of any act performed before the effective date of this section.
(6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
(7) 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 by action of the personnel board as provided by law.
(8) This section shall take effect July 1, 1997.
NEW SECTION. Sec. 16. Effective July 1, 1997, the powers and duties of the department of ecology concerning water quantity under the following statutes are transferred to the water resources board and its commissions and to the state engineer: RCW 43.20.230, 43.21A.061, 43.21A.064 except 43.21A.064(2), 43.21A.067, 43.21A.450, 43.21A.460, 43.21A.470, 43.27A.020, 43.27A.090, 43.27A.130, 43.27A.190, chapter 43.83B RCW, RCW 43.99E.025, Title 87 RCW, and chapters 18.104, 89.12, 89.16, 89.30, 90.03, 90.08, 90.14, 90.16, 90.22, 90.24, 90.38, 90.40, 90.42, 90.44, and 90.54 RCW. More specifically, the following powers, duties, programs, and services presently administered and enforced by the department of ecology are transferred to the water resources board, the commissions, and the state engineer:
(1) Water regulation, management, and development;
(2) Permitting authority regarding appropriation, diversion, and use of water;
(3) Data collection and other hydrographic information duties;
(4) Technical assistance powers and duties regarding water quantity;
(5) Authority regarding the water resource aspects of international issues, such as Lake Osoyoos;
(6) Participation with the federal government in development of the Columbia basin project and the Yakima enhancement project;
(7) Duties and powers regarding irrigation districts and reclamation districts;
(8) Reclamation authority for agricultural lands;
(9) Powers and duties, both enforcement and administrative authority over water quantity aspects of water resources, including:
(a) The water codes;
(b) Stream patrolmen and watermasters;
(c) Water rights, including but not limited to registration, relinquishment, waiver, and transfer;
(d) Appropriation of water for public and industrial purposes;
(e) Minimum flows and levels;
(f) Regulation of outflow of lakes;
(g) Yakima river basin water rights;
(h) Water resource management;
(i) Regulation of public ground waters; and
(j) Water well construction.
NEW SECTION. Sec. 17. Although authorities are not transferred from the department of ecology to the water resources board, the eastern and western Washington water resource commissions, and the state engineer until July 1, 1997, the governor, department, board, commissions, and state engineer shall take all actions necessary before July 1, 1997, that will ensure an orderly and effective transfer of authority on that date.
PART III
MISCELLANEOUS
NEW SECTION. Sec. 18. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 1996, in the supplemental omnibus appropriations act, this act is null and void.
NEW SECTION. Sec. 19. A new section is added to chapter 43.21A RCW to read as follows:
A rule, order, or directive of the department adopted or issued under chapter 86.16 or 43.37 RCW shall be adopted or issued in accordance with the administrative procedure act, chapter 34.05 RCW, and may be appealed as provided by chapter 43.21B RCW.
NEW SECTION. Sec. 20. Part headings as used in this act do not constitute any part of the law.
NEW SECTION. Sec. 21. Sections 1 through 7, 15, and 16 of this act shall constitute a new chapter in Title 43 RCW.
NEW SECTION. Sec. 22. RCW 43.21A.067 as amended by this act shall be recodified as a section in the new chapter created in section 21 of this act.
NEW SECTION. Sec. 23. The following acts or parts of acts are each repealed:
(1) RCW 43.21A.064 and 1995 c 8 s 3, 1977 c 75 s 46, & 1965 c 8 s 43.21.130; and
(2) RCW 90.54.030 and 1990 c 295 s 2, 1988 c 47 s 4, & 1971 ex.s. c 225 s 3.
NEW SECTION. Sec. 24. Sections 8 through 14, 22, and 23 of this act shall take effect July 1, 1997."
2SSB 6336 - H COMM AMD
By Committee on Appropriations
On page 1, line 1 of the title, after "board;" strike the remainder of the title and insert "amending RCW 43.27A.020, 43.27A.090, 43.27A.130, 43.27A.190, 43.21A.020, 43.21A.067, and 90.54.040; adding a new section to chapter 43.21A RCW; adding a new chapter to Title 43 RCW; creating new sections; recodifying RCW 43.21A.067; repealing RCW 43.21A.064 and 90.54.030; and providing effective dates."
--- END ---