BILL REQ. #:  S-2004.1 

READ FIRST TIME 02/28/03.   

     AN ACT Relating to ensuring the consistent application of principles of the regulatory reform act of 1995 to natural resource agency rules, policies, and permits; adding a new section to chapter 43.21A RCW; adding a new section to chapter 77.04 RCW; creating a new section; and declaring an emergency.

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

NEW SECTION.  Sec. 1   (1) The legislature finds that:
     (a) The regulatory reform act of 1995 prohibits agency rules from differing from existing federal standards unless a state statute explicitly allows such a difference or substantial evidence shows that different state rules are necessary;
     (b) In spite of these provisions, natural resource agencies, including the departments of ecology and fish and wildlife, continue to develop and adopt state rules, guidelines, permit conditions, and policies that substantially differ from those that have already been adopted by federal agencies;
     (c) Differing from existing federal requirements or policies increases costs to state agencies and local governments, results in burdensome and conflicting regulatory programs, and prevents Washington state from being economically competitive in the national and global economy;
     (d) Natural resource agencies should give priority to assisting and educating regulated entities and local governments in understanding and complying with existing federal requirements or policies, rather than creating different state standards; and
     (e) The state must maintain the independence and flexibility to differ from or exceed federal standards when necessary.
     (2) Therefore, the legislature intends to ensure that state natural resource agencies do not exceed existing federal requirements and policies when implementing programs for which federal requirements or policies exist, unless specifically directed by the legislature to do so.

NEW SECTION.  Sec. 2   A new section is added to chapter 43.21A RCW to read as follows:
     Regulatory activities undertaken by the department shall not exceed the standards required by federal law, regulations, or guidelines that are applicable to the same activity or subject matter, unless the legislature specifically directs the department to exceed the federal standard. Regulatory activities covered by this section are those implementing a federal law or regulation either delegated to the state or specifically required by state law to be implemented by the department including: Issuing any permit, condition, order, guideline, or policy or interpretative statement; adopting any rule; or entering into any agreement or contract to implement such regulatory actions.

NEW SECTION.  Sec. 3   A new section is added to chapter 77.04 RCW to read as follows:
     Regulatory activities undertaken by the department shall not exceed the standards required by federal law, regulations, or guidelines that are applicable to the same activity or subject matter, unless the legislature specifically directs the department to exceed the federal standard. Regulatory activities covered by this section are those implementing a federal law or regulation either delegated to the state or specifically required by state law to be implemented by the department including: Issuing any permit, condition, order, guideline, or policy or interpretative statement; adopting any rule; or entering into any agreement or contract to implement such regulatory actions.

NEW SECTION.  Sec. 4   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.