_______________________________________________
ENGROSSED
SUBSTITUTE HOUSE BILL 1792
_______________________________________________
AS
AMENDED BY THE SENATE
Passed
Legislature - 1997 Regular Session
State
of Washington 55th Legislature 1997 Regular Session
By
Read
first time 03/04/97.
Expanding the use of environmental technology
precertification.
AN
ACT Relating to certification of environmental technologies; and adding new
sections to chapter 43.21A RCW.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A
new section is added to chapter 43.21A RCW to read as follows:
(1)
The legislature finds that:
(a)
New and innovative environmental technologies can help improve environmental
quality at lower costs;
(b)
Current regulatory processes often include permits or approvals that require
applicants to duplicate costly technical analysis;
(c)
The commercialization of innovative environmental technologies can be
discouraged due to the costs of repeated environmental analysis;
(d)
The regulatory process can be improved by sharing and relying on information
generated through demonstration projects and technical certification programs;
and
(e)
Other states have developed programs to certify environmental technologies in
order to streamline the permitting process and to encourage use of
environmental technologies.
(2)
The legislature therefore declares that the department shall:
(a)
Review environmental technology certification programs established by other
states or federal agencies, and enter into agreements to use the information
from these programs if the department finds that this information will improve
the efficiency and effectiveness of the state's environmental regulatory
process; and
(b)
Participate in technology demonstration activities that support the state's
needs for environmental technology.
NEW
SECTION. Sec. 2. A
new section is added to chapter 43.21A RCW to read as follows:
(1)
At the request of a project proponent, the department shall consider
information developed through a certification program when making permit or
other regulatory decisions. The department may not require duplicative
demonstration of such information, but may require additional information as
necessary to assure that state requirements are met. A local government that
has a regulatory authority delegated by the department may use information
developed through a certification program when making permit or other
regulatory decisions.
(2)
The department shall develop a certification program for technologies for
remediation of radioactive and mixed waste, as those terms are defined in
chapter 70.105 RCW, if all program development and operational costs are paid
by the federal government or persons seeking certification of the technologies.
(3)
Following the development of the certification program in subsection (2) of
this section, the department may use the policies and procedures of that
program on a pilot basis to evaluate the use of certification for site
remediation technologies and other environmental technologies, if the
operational costs of the certification are paid by the federal government or
persons seeking certification of such technologies.
(4)
The department shall charge a reasonable fee to recover the operational costs
of certifying a technology.
(5)
Subsections (1), (3), and (4) of this section apply to permit and other
regulatory decisions made under the following: Chapters 70.94, 70.95, 70.105,
70.105D, 70.120, 70.138, 90.48, 90.54, and 90.56 RCW.
(6)
For the purposes of this section, "certification program" means a
program, developed or approved by the department, to certify the quantitative
performance of an environmental technology over a specified range of parameters
and conditions. Certification of a technology does not imply endorsement of a
specific technology by the department, or a guarantee of the performance of a
technology.
(7)
The department may adopt rules as necessary to implement the requirements of
subsections (2) and (3) of this section, and establish requirements and
procedures for evaluation and certification of environmental technologies.
(8)
The state, the department, and officers and employees of the state shall not be
liable for damages resulting from the utilization of information developed
through a certification program, or from a decision to certify or deny
certification to an environmental technology. Actions of the department under
this section are not decisions reviewable under RCW 43.21B.110.
