[atlas:bill]

AN ACT Relating to the Columbia River Gorge commission; adding a new section to chapter 43.97 RCW; creating new sections; repealing RCW 43.97.015; and providing a contingent effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. RCW 43.97.015 (Columbia River Gorge Compact‑-Columbia River Gorge commission) and 1987 c 499 s 1 are each repealed.

NEW SECTION. Sec. 2. A new section is added to chapter 43.97 RCW to read as follows:

The legislature of the State of Washington hereby ratifies the Columbia River Gorge Compact set forth in this section, and the provisions of such compact hereby are declared to be the law of this state upon such compact becoming effective as provided in Article III and subject to sections 3 and 4 of this act.

A compact is entered into by and between the States of Washington and Oregon, signatories hereto, with the consent of the Congress of the United States of America, granted by an Act entitled, "The Columbia River Gorge National Scenic Area Act," P.L. 99-663.

ARTICLE I

COLUMBIA GORGE COMMISSION ESTABLISHED

a. The States of Oregon and Washington establish by way of this interstate compact a regional agency known as the Columbia River Gorge Commission. The commission established in accordance with this compact shall have the power and authority to perform all functions and responsibilities in accordance with the provisions of this compact and of the Columbia River Gorge National Scenic Area Act (the federal Act), which is incorporated by this specific reference in this agreement. The commission's powers shall include, but not be limited to:

1. The power to sue and be sued.

2. The power to disapprove a land use ordinance enacted by a county if the ordinance is inconsistent with the management plan, as provided in P.L. 96-663, Sec. 7(b)(3)(B).

3. The power to enact a land use ordinance setting standards for the use of nonfederal land in a county within the scenic area if the county fails to enact land use ordinances consistent with the management plan, as provided in P.L. 99-663, Sec. 7(c).

4. According to the provisions of P.L. 99-663, Sec. 10(c), the power to review all proposals for major development action and new residential development in each county in the scenic area, except urban areas, and the power to disapprove such development if the commission finds the development is inconsistent with the purposes of P.L. 99-663.

b. The commission shall appoint and remove or discharge such personnel as may be necessary for the performance of the commission's functions, irrespective of the civil service, personnel or other merit system laws of any of the party states.

c. The commission may establish and maintain, independently or in conjunction with any one or more of the party states, a suitable retirement system for its full-time employees. Employees of the commission shall be eligible for social security coverage in respect of old age and survivors insurance provided that the commission takes such steps as may be necessary pursuant to federal law to participate in such program of insurance as a governmental agency or unit. The commission may establish and maintain or participate in such additional programs of employee benefits as may be appropriate.

d. The commission shall obtain the services of such professional, technical, clerical and other personnel as may be deemed necessary to enable it to carry out its functions under this compact. The commission may borrow, accept, or contract for the services of personnel from any state of the United States or any subdivision or agency thereof, from any interstate agency, or from any institution, person, firm or corporation.

e. Funds necessary to fulfill the powers and duties imposed upon and entrusted to the commission shall be provided as appropriated by the legislatures of the states in accordance with Article IV. The commission may also receive gifts, grants, endowments and other funds from public or private sources as may be made from time to time, in trust or otherwise, for the use and benefit of the purposes of the commission and expend the same or any income therefrom according to the terms of the gifts, grants, endowments or other funds.

f. The commission may establish and maintain such facilities as may be necessary for the transacting of its business. The commission may acquire, hold and convey real and personal property and any interest therein.

g. The commission shall adopt bylaws, rules, and regulations for the conduct of its business, and shall have the power to amend and rescind these bylaws, rules and regulations. The commission shall publish its bylaws, rules and regulations in convenient form and shall file a copy thereof and of any amendment thereto, with the appropriate agency or officer in each of the party states.

ARTICLE II

THE COMMISSION MEMBERSHIP

a. The commission shall be made up of twelve voting members appointed by the states, as set forth herein, and one non-voting member appointed by the U.S. Secretary of Agriculture.

b. Each state governor shall appoint the members of the commission, with senate confirmation, as provided in the federal Act as follows: Three members who reside in the State of Oregon, including one resident of the scenic area, to be appointed by the Governor of Oregon; and three members who reside in the State of Washington, including one resident of the scenic area, appointed by the Governor of Washington.

c. Six members shall be provided as follows: Three members who are elected in a county election in the counties of Clark, Klickitat, and Skamania in Washington, and three members who are elected in a county election in the counties of Hood River, Multnomah, and Wasco in Oregon. Such elections shall be held on the same schedule and in the same location as regularly held local elections, beginning in November 2000.

d. The terms of the members and procedure for filling vacancies shall all be as set forth in the federal Act.

ARTICLE III

COLUMBIA RIVER GORGE APPEALS BOARD

a. There is hereby created the Columbia River Gorge Appeals Board. The board shall consist of four members qualified by experience and training in pertinent matters pertaining to land use.

b. Two members of the board shall be appointed by the Governor of the State of Washington, with senate confirmation, and be residents of that state, and two members shall be appointed by the Governor of the State of Oregon, with senate confirmation, and be residents of that state.

c. At least one member from Washington shall have been admitted to the practice of law in the State of Washington, and one member from Oregon shall have been admitted to the practice of law in the State of Oregon.

d. The board shall have jurisdiction to hear any and all claims regarding land use decisions made by the Columbia River Gorge Commission, including any decisions that the commission makes regarding county ordinances. Upon the request of any party, the board shall promptly schedule a conference for the purpose of attempting to mediate the dispute. The mediation conference shall be held prior to the hearing on not less than seven days' advance written notice to all parties. All other proceedings pertaining to the appeal shall be stayed until completion of mediation, which shall continue so long as all parties consent: PROVIDED, That this shall not prevent the appeals board from deciding motions filed by the parties while mediation is ongoing: PROVIDED FURTHER, That discovery may be conducted while mediation is ongoing if agreed to by all parties. Mediation shall be conducted by an administrative appeals judge or other duly authorized agent of the board who has received training in dispute resolution techniques or has a demonstrated history of successfully resolving disputes, as determined by the appeals board. A person who mediates in a particular appeal shall not participate in a hearing on that appeal or in writing the decision and order in the appeal. Documentary and other physical evidence presented and evidence of conduct or statements made during the course of mediation shall be treated by the mediator and the parties in a confidential manner and shall not be admissible in subsequent proceedings in the appeal except in accordance with the provision of the federal rules of evidence operating to compromise negotiations.

In addition, either a county or the Columbia River Gorge Commission may also request mediation. In such an instance, if deemed reasonable by the board, the board shall call a meeting of those considered by the board to be essential to the best implementation of the Columbia River Gorge National Scenic Area Act. The board may also make recommendations to both parties who have entered into mediation and to both governors for the cooperation and best implementation of the federal Act.

e. Members shall be appointed for a term of six years and shall serve until their successors are appointed. Vacancies shall be filled by appointment of the governor from which state the member was initially appointed, and shall last for the unexpired portion of the term in which such vacancy occurs. The terms of the first four members of the board shall be staggered so that their term shall expire after two, four, and six years.

f. Any member may be removed for inefficiency, malfeasance, or misfeasance in office, upon specific written charges filed by the governor from which state the member is appointed, who shall transmit such written charges to the member accused and to the chief justice of the supreme court in the state from which the member is appointed. The chief justice shall thereupon designate a tribunal composed of three judges of the superior court from the state from which the member is appointed to hear and adjudicate the charges. Such tribunal shall fix the time of the hearing, and the decision of such tribunal shall be final and not subject to review by the supreme court. Removal of any member by the tribunal shall disqualify such member for reappointment.

g. Each member of the board shall not be a candidate for nor hold any other public office or trust, and shall not engage in any occupation or business interfering with or inconsistent with his or her duty as a member, nor shall he or she serve on or under any committee of any political party. Each member of the board shall not for a period of one year after the termination of his or her membership, act in a representative capacity before the appeals board on any matter.

h. In all appeals the board shall have all powers relating to administration of oaths, issuance of subpoenas, and taking of depositions, but such powers shall be exercised in conformity with federal law. All proceedings before the board or any of its members shall be conducted in accordance with such rules of practice and procedure as the board may prescribe. The board shall publish such rules and arrange for the reasonable distribution thereof.

i. The board shall arrange to hold hearings, as required by its schedule, in both Washington and Oregon.

ARTICLE IV

EFFECTIVE DATE OF COMPACT AND COMMISSION

This compact shall take effect, and the commission may exercise its authorities pursuant to the compact and pursuant to the Columbia River Gorge National Scenic Area Act when it has been ratified by both states and upon the appointment of four initial members from each state. The date of this compact shall be the date of the establishment of the commission.

ARTICLE V

FUNDING

a. The States of Washington and Oregon hereby agree to provide by separate agreement or statute of each state for funding necessary to effectuate the commission, including the establishment of compensation or expenses of commission members from each state which shall be paid by the state of origin.

b. The commission shall submit to the Governor or designated officer or officers of each party state a budget of its estimated expenditures for such period as may be required by the laws of that jurisdiction for presentation to the legislature thereof.

c. Subject to appropriation by their respective legislatures, the commission shall be provided with such funds by each of the party states as are necessary to provide the means of establishing and maintaining facilities, a staff of personnel, and such activities as may be necessary to fulfill the powers and duties imposed upon and entrusted to the commission.

d. The commission's proposed budget and expenditures shall be apportioned equally between the states.

e. The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by the appropriate state auditing official and the report of the audit shall be included in and become a part of the annual report of the commission.

f. The accounts of the commission shall be open at any reasonable time for inspection by the public.

ARTICLE VI

SEVERABILITY

If any provision of this compact, or its application to any person or circumstance, is held to be invalid, all other provisions of this compact, and the application of all of its provisions to all other persons and circumstances, shall remain valid, and to this end the provisions of this compact are severable.

NEW SECTION. Sec. 3. (1) Upon the passage of this act by the legislature, the secretary of state shall send a letter to the congress of the United States, and to the legislature of the State of Oregon. The content of the letter will provide notice of the passage of this bill, indicating that it is the wish of the State of Washington to amend the Columbia River Gorge Compact.

(2) The secretary of state shall request notice from the legislature of the State of Oregon and from the congress of the United States, regarding the passage of this measure in each body. Upon receipt of notice from each body, the secretary of state shall inform the legislature of the state.

NEW SECTION. Sec. 4. (1) The provisions of this act shall not take effect until such time as the proposed amendment to the Columbia River Gorge National Scenic Area Act in section 2 of this act is approved by the legislature of the State of Oregon and the congress of the United States.

(2) The date upon which notice is received from either the State of Oregon or the congress of the United States, whichever is later, shall serve as the effective date of this act.