reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21G - Energy Supply Emergencies, Alerts. › 43.21G.030 - Intent in developing energy production, allocation, and consumption programs.

RCW 43.21G.030
Intent in developing energy production, allocation, and consumption programs.
It is the intent of the legislature that the governor shall, in developing plans for the production, allocation, and consumption of energy, give high priority to supplying vital public services including, but not limited to, essential governmental operations, public health and safety functions, emergency services, public mass transportation systems, fish production, food production and processing facilities, including the provision of water to irrigated agriculture, and energy supply facilities, during a condition of energy supply alert or energy emergency. In developing any such plans, provisions should be made for the equitable distribution of energy among the geographic areas of the state.
It is further the intent of the legislature that the governor shall, to the extent possible, encourage and rely upon voluntary programs and local and regional programs for the production, allocation, and consumption of energy and that involvement of energy users and producers be secured in implementing such programs.
[ 1977 ex.s. c 328 § 3; 1975-'76 2nd ex.s. c 108 § 17.]
NOTES:
Severability—1977 ex.s. c 328: See note following RCW 43.21G.010.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21G - Energy Supply Emergencies, Alerts. › 43.21G.050 - Duty of executive authority of state and local governmental agencies to carry out supply alert or emergency measures—Liability for actions.

RCW 43.21G.050
Duty of executive authority of state and local governmental agencies to carry out supply alert or emergency measures—Liability for actions.
To protect the public welfare during a condition of energy supply alert or energy emergency, the executive authority of each state or local governmental agency is hereby authorized and directed to take action to carry out the orders issued by the governor pursuant to this chapter as now or hereafter amended. A local governmental agency shall not be liable for any lawful actions consistent with RCW 43.21G.030 as now or hereafter amended taken in good faith in accordance with such orders issued by the governor.
[ 1981 c 281 § 2; 1977 ex.s. c 328 § 5; 1975-'76 2nd ex.s. c 108 § 19.]
NOTES:
Severability—1981 c 281: See note following RCW 43.21G.040.
Severability—1977 ex.s. c 328: See note following RCW 43.21G.010.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21G - Energy Supply Emergencies, Alerts. › 43.21G.060 - Consideration of actions, orders, etc., of federal authorities.

RCW 43.21G.060
Consideration of actions, orders, etc., of federal authorities.
In order to attain uniformity, as far as is practicable throughout the United States, in measures taken to aid in energy crisis management, all action taken under this chapter as now or hereafter amended, and all orders and rules made pursuant hereto, shall be taken or made with due consideration for and consistent when practicable with the orders, rules, regulations, actions, recommendations, and requests of federal authorities.
[ 1977 ex.s. c 328 § 6; 1975-'76 2nd ex.s. c 108 § 20.]
NOTES:
Severability—1977 ex.s. c 328: See note following RCW 43.21G.010.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21G - Energy Supply Emergencies, Alerts. › 43.21G.070 - Compliance by affected persons.

RCW 43.21G.070
Compliance by affected persons.
Notwithstanding any provision of law or contract to the contrary, all persons who are affected by an order issued or action taken pursuant to this chapter as now or hereafter amended shall comply therewith immediately.
[ 1977 ex.s. c 328 § 7; 1975-'76 2nd ex.s. c 108 § 21.]
NOTES:
Severability—1977 ex.s. c 328: See note following RCW 43.21G.010.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21G - Energy Supply Emergencies, Alerts. › 43.21G.080 - Compliance by distributors—Fair and just reimbursement.

RCW 43.21G.080
Compliance by distributors—Fair and just reimbursement.
The governor may order any distributor to take such action on his or her behalf as may be required to implement orders issued pursuant to this chapter as now or hereafter amended: PROVIDED, That orders to regulated distributors shall be issued by the Washington utilities and transportation commission in conformance with orders of the governor. No distributor shall be liable for actions taken in accordance with such orders issued by the governor or the Washington utilities and transportation commission.
All allocations of energy from one distributor to another distributor pursuant to orders issued or as a result of actions taken under this chapter as now or hereafter amended are subject to fair and just reimbursement. Such reimbursement for any allocation of energy between regulated distributors shall be subject to the approval of the Washington utilities and transportation commission. A distributor is authorized to enter into agreements with another distributor for the purpose of determining financial or commodity reimbursement.
[ 2009 c 549 § 5099; 1977 ex.s. c 328 § 8; 1975-'76 2nd ex.s. c 108 § 22.]
NOTES:
Severability—1977 ex.s. c 328: See note following RCW 43.21G.010.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21G - Energy Supply Emergencies, Alerts. › 43.21G.090 - Petition for exception or modification—Appeals.

RCW 43.21G.090
Petition for exception or modification—Appeals.
(1) Any person aggrieved by an order issued or action taken pursuant to this chapter as now or hereafter amended may petition the governor and request an exception from or modification of such order or action. The governor may grant, modify, or deny such petition as the public interest may require.
(2) An appeal from any order issued or action taken pursuant to this chapter as now or hereafter amended may be taken to the state supreme court. Such an appeal shall take the form of a petition for a writ of mandamus or prohibition under Article IV, section 4 of the state Constitution, and the supreme court shall have exclusive jurisdiction to hear and act upon such an appeal. Notwithstanding the provisions of chapter 7.16 RCW, or any other applicable statute, the superior courts of this state shall have no jurisdiction to entertain an action or suit relating to any order issued or action taken pursuant to this chapter as now or hereafter amended, nor to hear and determine any appeal from any such order. The provisions of Rule 16.2, Rules of Appellate Procedure, shall apply to any proceedings in the supreme court brought pursuant to this chapter as now or hereafter amended.
[ 1977 ex.s. c 328 § 9; 1975-'76 2nd ex.s. c 108 § 23.]
NOTES:
Severability—1977 ex.s. c 328: See note following RCW 43.21G.010.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21G - Energy Supply Emergencies, Alerts. › 43.21G.100 - Penalty.

RCW 43.21G.100
Penalty.
Any person wilfully violating any provision of an order issued by the governor pursuant to this chapter shall be guilty of a gross misdemeanor.
[1975-'76 2nd ex.s. c 108 § 24.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21G - Energy Supply Emergencies, Alerts. › 43.21G.900 - Severability—Effective date—1975-'76 2nd ex.s. c 108.

RCW 43.21G.900
Severability—Effective date—1975-'76 2nd ex.s. c 108.
See notes following RCW 43.21F.010.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21H - State Economic Policy. › 43.21H.010 - Purpose.

RCW 43.21H.010
Purpose.
The purpose of this chapter is to assert that it is the intent of the legislature that economic values are given appropriate consideration along with environmental, social, health, and safety considerations in the promulgation of rules by state and local government.
[1975-'76 2nd ex.s. c 117 § 1.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21H - State Economic Policy. › 43.21H.020 - State and local authorities to insure that economic impacts and values be given appropriate consideration in rule-making process.

RCW 43.21H.020
State and local authorities to insure that economic impacts and values be given appropriate consideration in rule-making process.
The legislature finds that agency and local government decisions can have negative economic consequences for businesses, particularly small businesses, as well as for employees of those businesses. All state agencies and local government entities with rule-making authority under state law or local ordinance must adopt methods and procedures which will insure that economic impacts and values will be given appropriate consideration in the rule-making process along with environmental, social, health, and safety considerations.
[ 2011 c 249 § 1; 1975-'76 2nd ex.s. c 117 § 2.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21H - State Economic Policy. › 43.21H.030 - Statutory obligations of agencies not affected.

RCW 43.21H.030
Statutory obligations of agencies not affected.
Nothing in this chapter shall in any way affect the specific statutory obligations of any agency:
(1) To comply with environmental, social, health, safety, or other standards prescribed by law;
(2) To coordinate or consult with any other public agency; or
(3) To act, or refrain from acting, where required by law, upon the recommendations or certification of another public agency.
[1975-'76 2nd ex.s. c 117 § 3.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21I - Oil Spill Prevention Program. › 43.21I.030 - Director's powers.

RCW 43.21I.030
Director's powers.
In addition to any other powers granted the director, the director may:
(1) Adopt, in accordance with chapter 34.05 RCW, rules necessary to carry out the provisions of this chapter and chapter 88.46 RCW;
(2) Appoint such advisory committees as may be necessary to carry out the provisions of this chapter and chapter 88.46 RCW. Members of such advisory committees are authorized to receive travel expenses in accordance with RCW 43.03.050 and 43.03.060. The director shall review each advisory committee within the jurisdiction of the program and each statutory advisory committee on a biennial basis to determine if such advisory committee is needed. The criteria specified in *RCW 43.131.070 shall be used to determine whether or not each advisory committee shall be continued;
(3) Undertake studies, research, and analysis necessary to carry out the provisions of this chapter and chapter 88.46 RCW;
(4) Delegate powers, duties, and functions of the program to employees of the department as the director deems necessary to carry out the provisions of this chapter and chapter 88.46 RCW;
(5) Enter into contracts on behalf of the department to carry out the purposes of this chapter and chapter 88.46 RCW;
(6) Act for the state in the initiation of, or the participation in, any intergovernmental program for the purposes of this chapter and chapter 88.46 RCW; or
(7) Accept gifts, grants, or other funds.
[ 2000 c 69 § 28; 1992 c 73 § 11; (1995 2nd sp.s. c 14 § 516 expired June 30, 1997); 1991 c 200 § 405. Formerly RCW 43.21A.715.]
NOTES:
*Reviser's note: RCW 43.131.070 was repealed by 2000 c 189 § 11.
Expiration date—1995 2nd sp.s. c 14 §§ 511-523, 528-533: See note following RCW 43.19.1919.
Effective dates—1995 2nd sp.s. c 14: See note following RCW 43.19.1919.
Severability—1995 2nd sp.s. c 14: See note following RCW 43.19.1919.
Effective dates—1992 c 73: See RCW 82.23B.902.
Effective dates—1991 c 200: See RCW 90.56.901.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21I - Oil Spill Prevention Program. › 43.21I.040 - Authority to administer oaths and issue subpoenas.

RCW 43.21I.040
Authority to administer oaths and issue subpoenas.
(1) The director shall have full authority to administer oaths and take testimony thereunder, to issue subpoenas requiring the attendance of witnesses before the director together with all books, memoranda, papers, and other documents, articles or instruments, and to compel the disclosure by such witnesses of all facts known to them relative to the matters under investigation.
(2) Subpoenas issued in adjudicative proceedings shall be governed by chapter 34.05 RCW.
(3) Subpoenas issued in the conduct of investigations required or authorized by other statutory provisions or necessary in the enforcement of other statutory provisions shall be governed by chapter 34.05 RCW.
[ 2000 c 69 § 29; 1991 c 200 § 407; (1995 2nd sp.s. c 14 § 517 expired June 30, 1997). Formerly RCW 43.21A.720.]
NOTES:
Expiration date—1995 2nd sp.s. c 14 §§ 511-523, 528-533: See note following RCW 43.19.1919.
Effective dates—1995 2nd sp.s. c 14: See note following RCW 43.19.1919.
Severability—1995 2nd sp.s. c 14: See note following RCW 43.19.1919.
Effective dates—1991 c 200: See RCW 90.56.901.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21J - Environmental and Forest Restoration Projects. › 43.21J.005 - Legislative findings.

RCW 43.21J.005
Legislative findings.
(1) The legislature finds that the long-term health of the economy of Washington state depends on the sustainable management of its natural resources. Washington's forests, estuaries, waterways, and watersheds provide a livelihood for thousands of citizens of Washington state and millions of dollars of income and tax revenues every year from forests, fisheries, shellfisheries, recreation, tourism, and other water-dependent industries.
(2) The legislature further finds that the livelihoods and revenues produced by Washington's forests, estuaries, waterways, and watersheds would be enhanced by immediate investments in clean water infrastructure and habitat restoration.
(3) The legislature further finds that an insufficiency in financial resources, especially in timber-dependent communities, has resulted in investments in clean water and habitat restoration too low to ensure the long-term economic and environmental health of Washington's forests, estuaries, waterways, and watersheds.
(4) The legislature further finds that unemployed workers and Washington's economically distressed communities, especially timber-dependent areas, can benefit from opportunities for employment in environmental restoration projects.
(5) The legislature therefore declares that immediate investments in a variety of environmental restoration projects, based on sound principles of watershed management and environmental and forest restoration, are necessary to rehabilitate damaged watersheds and to assist dislocated workers and the unemployed gain job skills necessary for long-term employment.
[ 1993 c 516 § 1.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21J - Environmental and Forest Restoration Projects. › 43.21J.010 - Intent—Purpose—Definitions.

RCW 43.21J.010
Intent—Purpose—Definitions.
(1) It is the intent of this chapter to provide financial resources to make substantial progress toward: (a) Implementing the Puget Sound water quality management plan and other watershed-based management strategies and plans; (b) ameliorating degradation to watersheds; and (c) keeping and creating stable, environmentally sound, good wage employment in Washington state. The legislature intends that employment under this chapter is not to result in the displacement or partial displacement, whether by the reduction of hours of nonovertime work, wages, or other employment benefits, of currently employed workers, including but not limited to state civil service employees, or of currently or normally contracted services.
(2) It is the purpose of this chapter to:
(a) Implement clean water, forest, and habitat restoration projects that will produce measurable improvements in water and habitat quality, that rate highly when existing environmental ranking systems are applied, and that provide economic stability.
(b) Facilitate the coordination and consistency of federal, state, tribal, local, and private water and habitat protection and enhancement programs in the state's watersheds.
(c) Fund necessary projects for which a public planning process has been completed.
(d) Provide immediate funding to create jobs and training for environmental restoration and enhancement jobs for unemployed workers and displaced workers in impact areas, especially rural natural resources-dependent communities.
(3) For purposes of this chapter "impact areas" means: (a) Distressed counties as defined in *RCW 43.168.020; and (b) areas that the task force determines are likely to experience dislocations in the near future from downturns in natural resource-based industries.
(4) For purposes of this chapter, "high-risk youth" means youth eligible for Washington conservation corps programs under chapter 43.220 RCW or Washington service corps programs under chapter 50.65 RCW.
(5) For purposes of this chapter, "dislocated forest products worker" has the meaning set forth in **RCW 50.70.010.
(6) For purposes of this chapter, "task force" means the environmental enhancement and job creation task force created under RCW 43.21J.030.
[ 2005 c 136 § 1; 1995 c 226 § 26; 1993 c 516 § 2.]
NOTES:
Reviser's note: *(1) RCW 43.168.020 defines "distressed area."
**(2) RCW 50.70.010 was repealed by 1995 c 226 § 35, effective June 30, 2001.
Savings—Effective date—2005 c 136: See notes following RCW 43.168.020.
Severability—Conflict with federal requirements—Effective date—1995 c 226: See notes following RCW 43.160.020.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21J - Environmental and Forest Restoration Projects. › 43.21J.060 - Unemployment compensation benefits—Training.

RCW 43.21J.060
Unemployment compensation benefits—Training.
An individual shall be considered to be in training with the approval of the commissioner as defined in RCW 50.20.043, and be eligible for applicable unemployment insurance benefits while participating in and making satisfactory progress in training related to this chapter.
[ 1993 c 516 § 9.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21J - Environmental and Forest Restoration Projects. › 43.21J.800 - Joint legislative audit and review committee report.

RCW 43.21J.800
Joint legislative audit and review committee report.
On or before June 30, 1998, the joint legislative audit and review committee shall prepare a report to the legislature evaluating the implementation of the environmental restoration jobs act of 1993, chapter 516, Laws of 1993.
[ 1996 c 288 § 36; 1993 c 516 § 11.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21J - Environmental and Forest Restoration Projects. › 43.21J.900 - Short title—1993 c 516.

RCW 43.21J.900
Short title—1993 c 516.
This act shall be known as the environmental restoration jobs act of 1993.
[ 1993 c 516 § 15.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21J - Environmental and Forest Restoration Projects. › 43.21J.901 - Section captions and part headings—1993 c 516.

RCW 43.21J.901
Section captions and part headings—1993 c 516.
Section captions and part headings as used in this act constitute no part of the law.
[ 1993 c 516 § 16.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21J - Environmental and Forest Restoration Projects. › 43.21J.903 - Conflict with federal requirements—1993 c 516.

RCW 43.21J.903
Conflict with federal requirements—1993 c 516.
If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state or the eligibility of employers in this state for federal unemployment tax credits, the conflicting part of this act is hereby declared to be inoperative solely to the extent of the conflict, and such finding or determination shall not affect the operation of the remainder of this act. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state or the granting of federal unemployment tax credits to employers in this state.
[ 1993 c 516 § 19.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21J - Environmental and Forest Restoration Projects. › 43.21J.904 - Effective date—1993 c 516.

RCW 43.21J.904
Effective date—1993 c 516.
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 shall take effect July 1, 1993.
[ 1993 c 516 § 20.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21K - Environmental Excellence Program Agreements. › 43.21K.005 - Purpose—1997 c 381.

RCW 43.21K.005
Purpose—1997 c 381.
The purpose of chapter 381, Laws of 1997 is to create a voluntary program authorizing environmental excellence program agreements with persons regulated under the environmental laws of the state of Washington, and to direct agencies of the state of Washington to solicit and support the development of agreements that use innovative environmental measures or strategies to achieve environmental results more effectively or efficiently.
Agencies shall encourage environmental excellence program agreements that favor or promote pollution prevention, source reduction, or improvements in practices that are transferable to other interested entities or that can achieve better overall environmental results than required by otherwise applicable rules and requirements.
In enacting chapter 381, Laws of 1997 it is not the intent of the legislature that state environmental standards be applied in a manner that could result in these state standards being waived under section 121 of the federal comprehensive environmental response, compensation, and liability act (42 U.S.C. Sec. 9261 [9621]).
[ 1997 c 381 § 1.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21K - Environmental Excellence Program Agreements. › 43.21K.010 - Definitions.

RCW 43.21K.010
Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "State, regional, or local agency" means an agency, board, department, authority, or commission that administers environmental laws.
(2) "Coordinating agency" means the state, regional, or local agency with the primary regulatory responsibility for the proposed environmental excellence program agreement. If multiple agencies have jurisdiction to administer state environmental laws affected by an environmental excellence agreement, the department of ecology shall designate or act as the coordinating agency.
(3) "Director" means the individual or body of individuals in whom the ultimate legal authority of an agency is vested by any provision of law. If the agency head is a body of individuals, a majority of those individuals constitutes the director.
(4) "Environmental laws" means chapters 43.21A, 70A.15, 70A.205, 70A.300, 70A.125, 77.55, 90.48, 90.52, 90.58, 90.64, and 90.71 RCW, and RCW 90.54.020(3)(b) and rules adopted under those chapters and section. The term environmental laws as used in this chapter does not include any provision of the Revised Code of Washington, or of any municipal ordinance or enactment, that regulates the selection of a location for a new facility.
(5) "Facility" means a site or activity that is regulated under any of the provisions of the environmental laws.
(6) "Legal requirement" includes any provision of an environmental law, rule, order, or permit.
(7) "Sponsor" means the owner or operator of a facility, including a municipal corporation, subject to regulation under the environmental laws of the state of Washington, or an authorized representative of the owner or operator, that submits a proposal for an environmental excellence program agreement.
(8) "Stakeholder" means a person who has a direct interest in the proposed environmental excellence program agreement or who represents a public interest in the proposed environmental excellence program agreement. Stakeholders may include communities near the project, local or state governments, permittees, businesses, environmental and other public interest groups, employees or employee representatives, or other persons.
[ 2021 c 65 § 39; 2003 c 39 § 25; 1997 c 381 § 2.]
NOTES:
Explanatory statement—2021 c 65: See note following RCW 53.54.030.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21K - Environmental Excellence Program Agreements. › 43.21K.020 - Agreements—Environmental results.

RCW 43.21K.020
Agreements—Environmental results.
An environmental excellence program agreement entered into under this chapter must achieve more effective or efficient environmental results than the results that would be otherwise achieved. The basis for comparison shall be a reasonable estimate of the overall impact of the participating facility on the environment in the absence of an environmental excellence program agreement. More effective environmental results are results that are better overall than those that would be achieved under the legal requirements superseded or replaced by the agreement. More efficient environmental results are results that are achieved at reduced cost but do not decrease the overall environmental results achieved by the participating facility. An environmental excellence program agreement may not authorize either (1) the release of water pollutants that will cause to be exceeded, at points of compliance in the ambient environment established pursuant to law, numeric surface water or groundwater quality criteria or numeric sediment quality criteria adopted as rules under chapter 90.48 RCW; or (2) the emission of any air contaminants that will cause to be exceeded any air quality standard as defined in RCW 70A.15.1030(3); or (3) a decrease in the overall environmental results achieved by the participating facility compared with results achieved over a representative period before the date on which the agreement is proposed by the sponsor. However, an environmental excellence program agreement may authorize reasonable increases in the release of pollutants to permit increases in facility production or facility expansion and modification.
[ 2021 c 65 § 40; 1997 c 381 § 3.]
NOTES:
Explanatory statement—2021 c 65: See note following RCW 53.54.030.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21K - Environmental Excellence Program Agreements. › 43.21K.040 - Proposals for agreements.

RCW 43.21K.040
Proposals for agreements.
(1) A sponsor may propose an environmental excellence program agreement. A trade association or other authorized representative of a sponsor or sponsors may propose a programmatic environmental excellence program agreement for multiple facilities.
(2) A sponsor must submit, at a minimum, the following information and other information that may be requested by the director or directors required to sign the agreement:
(a) A statement that describes how the proposal is consistent with the purpose of this chapter and the project approval criteria in RCW 43.21K.020;
(b)(i) For a site-specific proposal, a comprehensive description of the proposed environmental excellence project that includes the nature of the facility and the operations that will be affected, how the facility or operations will achieve results more effectively or efficiently, and the nature of the results anticipated; or
(ii) For a programmatic proposal, a comprehensive description of the proposed environmental excellence project that identifies the facilities and the operations that are expected to participate, how participating facilities or operations will achieve environmental results more effectively or efficiently, the nature of the results anticipated, and the method to identify and document the commitments made by individual participants;
(c) An environmental checklist, containing sufficient information to reasonably inform the public of the nature of the proposed environmental excellence program agreement and describing probable significant adverse environmental impacts and environmental benefits expected from implementation of the proposal;
(d) A draft environmental excellence program agreement;
(e) A description of the stakeholder process as provided in RCW 43.21K.050;
(f) A preliminary identification of the permit amendments or modifications that may be necessary to implement the proposed environmental excellence program agreement.
[ 1997 c 381 § 5.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21K - Environmental Excellence Program Agreements. › 43.21K.050 - Stakeholder participation.

RCW 43.21K.050
Stakeholder participation.
(1) Stakeholder participation in and support for an environmental excellence program agreement is vital to the integrity of the environmental excellence program agreement and helps to inform the decision whether an environmental excellence program agreement can be approved.
(2) A proposal for an environmental excellence program agreement shall include the sponsor's plan to identify and contact stakeholders, to advise stakeholders of the facts and nature of the project, and to request stakeholder participation and review. Stakeholder participation and review shall occur during the development, consideration, and implementation stages of the proposed environmental excellence program agreement. The plan shall include notice to the employees of the facility to be covered by the proposed environmental excellence program agreement and public notice in the area of the covered facility.
(3) The coordinating agency shall extend an invitation to participate in the development of the proposal to a broad and representative sector of the public likely to be affected by the environmental excellence program agreement, including representatives of local community, labor, environmental, and neighborhood advocacy groups. The coordinating agency shall select participants to be included in the stakeholder process that are representative of the diverse sectors of the public that are interested in the agreement. The stakeholder process shall include the opportunity for discussion and comment at multiple stages of the process and access to the information relied upon by the directors in approving the agreement.
(4) The coordinating agency will identify any additional provisions for the stakeholder process that the director of the coordinating agency, in the director's sole discretion, considers appropriate to the success of the stakeholder process, and provide for notice to the United States environmental protection agency or other responsible federal agency of each proposed environmental excellence program agreement that may affect legal requirements of any program administered by that agency.
[ 1997 c 381 § 6.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21K - Environmental Excellence Program Agreements. › 43.21K.080 - Effect of agreements on legal requirements and permits—Permit revisions—Programmatic agreements.

RCW 43.21K.080
Effect of agreements on legal requirements and permits—Permit revisions—Programmatic agreements.
(1) Notwithstanding any other provision of law, any legal requirement identified under RCW 43.21K.060(1) shall be superseded or replaced in accordance with the terms of the environmental excellence program agreement. Legal requirements contained in a permit that are affected by an environmental excellence program agreement will continue to be enforceable until such time as the permit is revised in accordance with subsection (2) of this section. With respect to any other legal requirements, the legal requirements contained in the environmental excellence program agreement are effective as provided by the environmental excellence program agreement, and the facility or facilities covered by an environmental excellence program agreement shall comply with the terms of the environmental excellence program agreement in lieu of the legal requirements that are superseded and replaced by the approved environmental excellence program agreement.
(2) Any permits affected by an environmental excellence program agreement shall be revised to conform to the environmental excellence program agreement by the agency with jurisdiction. The permit revisions will be completed within one hundred twenty days of the effective date of the agreement in accordance with otherwise applicable procedural requirements, including, where applicable, public notice and the opportunity for comment, and the opportunity for review and objection by federal agencies.
(3) Other than as superseded or replaced as provided in an approved environmental excellence program agreement, any existing permit requirements remain in effect and are enforceable.
(4) A programmatic environmental excellence program agreement shall become applicable to an individual facility when all directors entering into the programmatic agreement approve the owner or operator's commitment to comply with the agreement. A programmatic agreement may not take effect, however, until notice and an opportunity to comment for the individual facility has been provided in accordance with the requirements of RCW 43.21K.070 (1) through (3).
[ 1997 c 381 § 9.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21K - Environmental Excellence Program Agreements. › 43.21K.100 - Continued effect of agreements and permits—Modification of affected permit or approval.

RCW 43.21K.100
Continued effect of agreements and permits—Modification of affected permit or approval.
After a termination under *section 11 of this act is final and no longer subject to judicial review, the sponsor has sixty days in which to apply for any permit or approval affected by any terminated portion of the environmental excellence program agreement. An application filed during the sixty-day period shall be deemed a timely application for renewal of a permit under the terms of any applicable law. Except as provided in *section 11(4) of this act, the terms and conditions of the environmental excellence program agreement and of permits issued will continue in effect until a final permit or approval is issued. If the sponsor fails to submit a timely or complete application, any affected permit or approval may be modified at any time that is consistent with applicable law.
[ 1997 c 381 § 12.]
NOTES:
*Reviser's note: Section 11 of this act was vetoed.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21K - Environmental Excellence Program Agreements. › 43.21K.110 - Enforceable and voluntary commitments—Enforcement actions.

RCW 43.21K.110
Enforceable and voluntary commitments—Enforcement actions.
(1) The legal requirements contained in the environmental excellence program agreement in accordance with RCW 43.21K.060(2) are enforceable commitments of the facility covered by the agreement. Any violation of these legal requirements is subject to penalties and remedies to the same extent as the legal requirements that they superseded or replaced.
(2) The voluntary goals stated in the environmental excellence program agreement in accordance with RCW 43.21K.060(3) are voluntary commitments of the facility covered by the agreement. If the facility fails to meet these goals, it shall not be subject to any form of enforcement action, including penalties, orders, or any form of injunctive relief. The failure to make substantial progress in meeting these goals may be a basis on which to terminate the environmental excellence program agreement under *section 11 of this act.
(3) Nothing in this chapter limits the authority of an agency, the attorney general, or a prosecuting attorney to initiate an enforcement action for violation of any applicable legal requirement. However, no civil, criminal, or administrative action may be brought with respect to any legal requirement that is superseded or replaced under the terms of an environmental excellence program agreement.
(4) This chapter does not create any new authority for citizen suits, and does not alter or amend other statutory provisions authorizing citizen suits.
[ 1997 c 381 § 13.]
NOTES:
*Reviser's note: Section 11 of this act was vetoed.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21K - Environmental Excellence Program Agreements. › 43.21K.120 - Reduced fee schedule.

RCW 43.21K.120
Reduced fee schedule.
An environmental excellence program agreement may contain a reduced fee schedule with respect to a program applicable to the covered facility or facilities.
[ 1997 c 381 § 14.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21K - Environmental Excellence Program Agreements. › 43.21K.130 - Rule-making authority.

RCW 43.21K.130
Rule-making authority.
Any state, regional, or local agency administering programs under an environmental law may adopt rules or ordinances to implement this chapter. However, it is not necessary that an agency adopt rules or ordinances in order to consider or enter into environmental excellence program agreements.
[ 1997 c 381 § 16.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21K - Environmental Excellence Program Agreements. › 43.21K.140 - Advisory committee.

RCW 43.21K.140
Advisory committee.
The director of the department of ecology shall appoint an advisory committee to review the effectiveness of the environmental excellence program agreement program and to make a recommendation to the legislature concerning the continuation, termination, or modification of the program. The committee also may make recommendations it considers appropriate for revision of any regulatory program that is affected by an environmental excellence program agreement. The committee shall be composed of one representative each from two state agencies, two representatives of the regulated community, and two representatives of environmental organizations or other public interest groups. The committee must submit a report and its recommendation to the legislature not later than October 31, 2001. The department of ecology shall provide the advisory committee with such support as they may require.
[ 1997 c 381 § 17.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21K - Environmental Excellence Program Agreements. › 43.21K.150 - Costs of processing proposals—Fees—Voluntary contributions.

RCW 43.21K.150
Costs of processing proposals—Fees—Voluntary contributions.
(1) Agencies authorized to enter into environmental excellence program agreements may assess and collect a fee to recover the costs of processing environmental excellence program agreement proposals. The amount of the fee may not exceed the direct and indirect costs of processing the environmental excellence program agreement proposal. Processing includes, but is not limited to: Working with the sponsor to develop the agreement, meeting with stakeholder groups, conducting public meetings and hearings, preparing a record of the decision to enter into or modify an agreement, and defending any appeal from a decision to enter into or modify an agreement. Fees also may include, to the extent specified by the agreement, the agencies' direct costs of monitoring compliance with those specific terms of an agreement not covered by permits issued to the participating facility.
(2) Agencies assessing fees may graduate the initial fees for processing an environmental excellence program agreement proposal to account for the size of the sponsor and to make the environmental excellence program agreement program more available to small businesses. An agency may exercise its discretion to waive all or any part of the fees.
(3) Sponsors may voluntarily contribute funds to the administration of an agency's environmental excellence program agreement program.
[ 1997 c 381 § 18.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21K - Environmental Excellence Program Agreements. › 43.21K.160 - Termination of authority to enter into agreements.

RCW 43.21K.160
Termination of authority to enter into agreements.
The authority of a director to enter into a new environmental excellence program agreement program shall be terminated June 30, 2002. Environmental excellence program agreements entered into before June 30, 2002, shall remain in force and effect subject to the provisions of this chapter.
[ 1997 c 381 § 19.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.22 - Department of Labor and Industries. › 43.22.005 - Deputy directors.

RCW 43.22.005
Deputy directors.
The director of labor and industries may appoint and deputize two assistant directors to be known as deputy directors. The director shall designate one deputy director who, in case a vacancy occurs in the office of director, shall continue in charge of the department until a director is appointed and qualified, or the governor appoints an acting director.
[ 1985 c 325 § 1; 1969 ex.s. c 32 § 2.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.22 - Department of Labor and Industries. › 43.22.010 - Divisions of department—Personnel.

RCW 43.22.010
Divisions of department—Personnel.
The department of labor and industries shall be organized into divisions that promote efficient and effective performance of the duties the agency is charged by statute to administer.
The director may appoint such clerical and other assistants as may be necessary for the general administration of the department.
[ 1994 c 164 § 2; 1974 ex.s. c 27 § 1. Prior: 1973 1st ex.s. c 153 § 8; 1973 1st ex.s. c 52 § 2; 1971 c 66 § 2; 1969 ex.s. c 32 § 1; 1965 c 8 § 43.22.010; prior: (i) 1927 c 306 § 1, part; 1917 c 36 § 2, part; RRS § 8637, part. (ii) 1921 c 7 § 74; RRS § 10832.]
NOTES:
Effective date—1973 1st ex.s. c 52: "This 1973 amendatory act is necessary for the immediate preservation of the public peace, health and safety, the support of the state government and its existing public institutions, and shall take effect on July 1, 1973." [ 1973 1st ex.s. c 52 § 12.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.22 - Department of Labor and Industries. › 43.22.020 - Supervisor of industrial insurance—Appointment—Authority—Personnel.

RCW 43.22.020
Supervisor of industrial insurance—Appointment—Authority—Personnel.
The director of labor and industries shall appoint and deputize an assistant, to be known as the supervisor of industrial insurance, who shall have authority to perform those duties delegated by the director and by statute.
The director may appoint and employ such adjusters, medical and other examiners, auditors, inspectors, clerks, and other assistants as may be necessary to the administration of workers' compensation and medical aid in this state.
[ 1994 c 164 § 3; 1965 c 8 § 43.22.020. Prior: 1921 c 7 § 75; RRS § 10833.]
NOTES:
Industrial insurance: Title 51 RCW.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.22 - Department of Labor and Industries. › 43.22.030 - Powers and duties.

RCW 43.22.030
Powers and duties.
The director of labor and industries shall:
(1) Exercise all the powers and perform all the duties prescribed by law with respect to the administration of workers' compensation and medical aid in this state;
(2) Have the custody of all property acquired by the state at execution sales upon judgments obtained for delinquent industrial insurance premiums or medical aid contributions, and penalties and costs; sell and dispose of the same at private sales for the sale purchase price, and pay the proceeds into the state treasury to the credit of the accident fund, or medical aid fund, as the case may be. In case of the sale of real estate the director shall execute the deed in the name of the state.
[ 1994 c 164 § 4; 1987 c 185 § 16; 1965 c 8 § 43.22.030. Prior: 1921 c 7 § 78, part; RRS § 10836, part.]
NOTES:
Intent—Severability—1987 c 185: See notes following RCW 51.12.130.
Workers' compensation: Title 51 RCW.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.22 - Department of Labor and Industries. › 43.22.035 - Printed materials—Department's duties.

RCW 43.22.035
Printed materials—Department's duties.
When an employer initially files a business license application under chapter 19.02 RCW for the purpose, in whole or in part, of registering to pay industrial insurance taxes, the department must send to the employer any printed material the department recommends or requires the employer to post. Any time the printed material has substantive changes in the information, the department must send a copy to each employer.
[ 2013 c 144 § 39; 2007 c 287 § 2.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.22 - Department of Labor and Industries. › 43.22.040 - Supervisor of industrial safety and health—Appointment—Authority—Personnel.

RCW 43.22.040
Supervisor of industrial safety and health—Appointment—Authority—Personnel.
The director of labor and industries shall appoint and deputize an assistant, to be known as the supervisor of industrial safety and health, who shall have authority to perform those duties delegated by the director and by statute.
The director may appoint and employ such inspectors, clerks, and other assistants as may be necessary to carry on the industrial safety and health work of the department.
[ 1994 c 164 § 5; 1973 1st ex.s. c 52 § 3; 1965 c 8 § 43.22.040. Prior: 1921 c 7 § 76; RRS § 10834.]
NOTES:
Effective date—1973 1st ex.s. c 52: See note following RCW 43.22.010.
Administrative expenses: RCW 51.16.105.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.22 - Department of Labor and Industries. › 43.22.050 - Powers and duties.

RCW 43.22.050
Powers and duties.
The director of labor and industries shall:
(1) Exercise all the powers and perform all the duties prescribed by law in relation to the inspection of factories, mills, workshops, storehouses, warerooms, stores and buildings, and the machinery and apparatus therein contained, and steam vessels, and other vessels operated by machinery, and in relation to the administration and enforcement of all laws and safety standards providing for the protection of employees in mills, factories, workshops, and in employments subject to the provisions of Title 51 RCW, and in relation to the enforcement, inspection, certification, and promulgation of safe places and safety device standards in all industries: PROVIDED, HOWEVER, This section shall not apply to railroads;
(2) Exercise all the powers and perform all the duties prescribed by law in relation to the inspection of tracks, bridges, structures, machinery, equipment, and apparatus of street railways, gas plants, electrical plants, water systems, telephone lines, telegraph lines, and other public utilities, with respect to the safety of employees, and the administration and enforcement of all laws providing for the protection of employees of street railways, gas plants, electrical plants, water systems, telephone lines, telegraph lines, and other public utilities;
(3) Exercise all the powers and perform all the duties prescribed by law in relation to the enforcement, amendment, alteration, change, and making additions to, rules and regulations concerning the operation, placing, erection, maintenance, and use of electrical apparatus, and the construction thereof.
[ 1994 c 164 § 6; 1973 1st ex.s. c 52 § 4; 1971 ex.s. c 239 § 9; 1965 c 8 § 43.22.050. Prior: 1955 c 173 § 1; 1921 c 7 § 80; RRS § 10838.]
NOTES:
Effective date—1973 1st ex.s. c 52: See note following RCW 43.22.010.
Boilers and steam vessels: Chapter 70.79 RCW.
Electrical apparatus: Chapters 19.28, 19.29 RCW.
Elevators, escalators and dumbwaiters: Chapter 70.87 RCW.
Industrial safety and health: Chapter 49.17 RCW.