FINAL BILL REPORT

                 SHB 1777

                         C 236 L 99

                     Synopsis as Enacted

Brief Description:  Clarifying use of technical assistance documents.

Sponsors:  By House Committee on State Government (Originally sponsored by Representatives B. Chandler, Schindler, McMorris, Dunshee, Romero and Lantz).

House Committee on State Government

Senate Committee on State & Local Government

Background:

Regulatory agencies are required to have technical assistance programs encouraging regulated parties to voluntarily comply with the law.  These programs include technical assistance visits, printed information, information and assistance by telephone, and training meetings.

Technical assistance includes: (1) information on laws, rules, and compliance methods and technologies; (2) information on methods to avoid compliance problems; (3) assistance in applying for permits; and (4) information on the mission, goals, and objectives of the program.

A technical assistance visit must be requested, or voluntarily accepted, and the regulatory agency must declare the visit to be a technical assistance visit at the beginning of the visit.  During a technical assistance visit, or a reasonable time after such a visit, the regulatory agency shall inform the owner or operator of the facility about any violations of law or agency rules that were identified during the visit.

The owner and operator must be given a reasonable period to correct violations that were identified during the visit before a civil penalty is imposed for these violations.  However, civil penalties may be issued for violations that are observed during a technical assistance visit under certain circumstances.

Summary:

A technical assistance document is defined as a document prepared to provide certain information and entitled as a technical assistance document by the agency head or its designee.  Technical assistance documents do not include notices of correction, violation, or enforcement action.  Technical assistance documents do not impose mandatory obligations or serve as the basis for a citation.

Votes on Final Passage:

House970

Senate440

Effective:July 25, 1999