HOUSE BILL REPORT

ESHB 2439

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Passed House:

February 17, 2014

Title: An act relating to updating specified environmental statutes of the department of ecology to improve efficiency and provide for increased flexibility for local governments.

Brief Description: Updating specified environmental statutes of the department of ecology to improve efficiency and provide for increased flexibility for local governments.

Sponsors: House Committee on Environment (originally sponsored by Representatives Takko, Fitzgibbon, Tharinger, Ryu and Roberts; by request of Department of Ecology).

Brief History:

Committee Activity:

Environment: 1/24/14, 1/31/14 [DPS].

Floor Activity:

Passed House: 2/17/14, 95-2.

Brief Summary of Engrossed Substitute Bill

  • Amends programs administered by the Department of Ecology to remove inconsistencies, delete outdated provisions, and clarify local government authority.

HOUSE COMMITTEE ON ENVIRONMENT

Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. Signed by 8 members: Representatives Fitzgibbon, Chair; Senn, Vice Chair; Farrell, Fey, Kagi, Morris, Ortiz-Self and Tharinger.

Minority Report: Do not pass. Signed by 5 members: Representatives Short, Ranking Minority Member; Pike, Assistant Ranking Minority Member; Harris, Nealey and Overstreet.

Staff: Megan Mulvihill (786-7291) and Jason Callahan (786-7117).

Background:

The Department of Ecology (DOE) is responsible for managing many state policies regarding the environment. The DOE's authority includes multiple statutes managing the state's water resources, air quality, pollution, solid and hazardous wastes, toxic hazards, and the state shorelines. Many of the DOE's orders and decisions may be appealed to the Pollution Control Hearings Board (PCHB).

Some of the programs administered by the DOE include the authority to:

Summary of Engrossed Substitute Bill:

Programs administered by the DOE are amended to eliminate inconsistencies among statutes, clarify statutory language, make technical changes, repeal outdated provisions, harmonize statutory provisions related to the PCHB, and update the PCHB statute to reflect references to PCHB review in other environmental statutes. Local governments are also provided authority in managing noise control. Changes are made to the following statutes:

Specific details of the substantive changes include:

In addition, the following requirements and authorizations are removed:

Appropriation: None.

Fiscal Note: Available.

Effective Date: This bill takes effect 90 days after adjournment of the session in which the bill is passed, except for section 3 relating to the authority of the Pollution Control Hearings Board, which takes effect June 30, 2019.

Staff Summary of Public Testimony:

(In support) This is agency request legislation that is more directed towards local governments and agencies. It is a cleanup bill that is quite technical and makes some substantive changes. There are at least six different environmental statutes included in the bill that are assigned to the DOE. These statutes touch on other agencies, local governments, and citizens. It is believed that these changes will clarify and help all stakeholders. Some sections are confusing or contradictory while some are unnecessarily restrictive.

The solid waste grants have clutter and outdated language, and they require a match for aid that is not useful for local governments. The grants are provided to all counties in the state, and some of the small counties cannot come up with the fund match. It would benefit the operation of that fund to update how the language is used and update the match to make it more feasible. The language in the law is around the launch of the effort rather than where we are now.

There are some procedures that are cumbersome, such as a need to make beneficial use determinations for certain waste products. Formal rules have to be adopted, and this is too cumbersome. The noise management statute is embarrassing since the DOE stopped doing active work on it. Local governments are not provided support and every couple of months they come to the DOE asking about it and for assistance. Local governments need to submit their noise proposals to the DOE for review which hasn't been done for years. In reality, local governments have the authority to regulate noise and statute should reflect this.

The Vessel Response Account will be closed and the funds transferred to the Coastal Protection Account. The vessel response account is not an active account, and it is just sitting idle in the state budget. The Coastal Protection Account provides a wide range of support for environmental projects, and the funds would be put to use rather than sitting idly.

Persons Testifying: Representative Takko, prime sponsor; and Tom Clingman, Washington State Department of Ecology.

Persons Signed In To Testify But Not Testifying: None.