H-2807.1

HOUSE BILL 2426

ByRepresentatives Bernbaum, Reed, Parshley, McEntire, and Scott

AN ACT Relating to improving efficiency in appeals to the pollution control hearings board; amending RCW 43.21B.090; and adding a new section to chapter 43.21B RCW.

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

NEW SECTION.  Sec. 1. A new section is added to chapter 43.21B RCW to read as follows:

(1) With the consent of all parties to a permit appeal and unanimous approval of the pollution control hearings board, the appeal before the board may be heard by any of the following alternative compositions of the board:

(a) An administrative appeals judge who satisfies the qualifications of RCW 43.21B.005;

(b) A board composition that includes a member of the land use board or shorelines hearings board who satisfies the qualifications of experience or training in RCW 43.21B.020;

(c) One member of the board, or a member of the land use board or shorelines hearings board, who satisfies the qualifications of experience or training in RCW 43.21B.020.

(2) The selection of an alternative board composition must prioritize the efficient use of administrative resources.

Sec. 2. RCW 43.21B.090 and 1990 c 65 s 2 are each amended to read as follows:

The principal office of the hearings board shall be at the state capitol, but it may sit or hold hearings at any other place in the state. ((A))Except as provided in section 1 of this act, a majority of the hearings board shall constitute a quorum for making orders or decisions, promulgating rules and regulations necessary for the conduct of its powers and duties, or transacting other official business, and may act though one position of the hearings board be vacant. One or more members may hold hearings and take testimony to be reported for action by the hearings board when authorized by rule or order of the hearings board. The hearings board shall perform all the powers and duties specified in this chapter or as otherwise provided by law.

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