HOUSE OF REPRESENTATIVES

                      Olympia, Washington

Bill Analysis      Bill No.  HB 1777

Clarifying use of technical assistance documents.

Brief Title                              Hearing Date: 2/19/99

Reps. Chandler, B. and Schindler           Staff: Steve Lundin

Sponsor(s)                          State Government Committee

                                              Phone:  786-7127

BACKGROUND:

Regulatory agencies are required to engage in 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.  This notice must include:

oA description of the condition and the text of the specific section or subsection of the applicable law or rule that has been violated;

oA statement of what is required to achieve compliance;

oThe date the agency requires compliance to be achieved;

oNotice of the means to contact technical assistance services provided by the agency; and

oNotice of when, where, and to whom a request for a time extension to achieve compliance for good cause may be filed.

The owner and operator shall 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 the following circumstances:

oThe individual or business has previously been subject to an enforcement action for the same or similar violations of the same statute or rule or has been given previous notice of the same or similar violation of the same statute or rule;

oThe issue involves sales taxes due to the state and the individual or business is not remitting previously collected sales taxes to the state; or

oThe violation has a probability of placing a person in danger of death or bodily harm, has a probability of causing more than minor environmental harm, or has a probability of causing more than $1000 in physical damage to the property of another.

SUMMARY:

The first page of each technical assistance document that is developed by an agency must contain a notice, in at least ten-point type, substantially stating that the document provides technical assistance information and does not impose any new mandatory obligations and will not be used as the basis for a citation.

FISCAL NOTE:  Not requested.

EFFECTIVE DATE:  Ninety days after adjournment of session in which bill is passed.