reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.634 - Steam electric generating plant—Refunding revenue bonds.

RCW 43.21A.634
Steam electric generating plant—Refunding revenue bonds.
When the state finance committee has outstanding revenue bonds, the state finance committee, with the concurrence of the director, may by resolution provide for the issuance of refunding revenue bonds with which to refund the outstanding revenue bonds, or any part thereof at maturity, or before maturity if they are by their terms or by other agreement, subject to call for prior redemption, with the right in the state finance committee to combine various series and issues of the outstanding revenue bonds by a single issue of refunding revenue bonds. The refunding bonds shall be payable only out of a special fund created out of the gross revenue of the steam electric utility, and shall only be a valid claim as against such special fund and the amount or proportion of the revenue of the utility pledged to said fund. The rate of interest on refunding revenue bonds shall not exceed the rate of interest on revenue bonds refunded thereby. The state finance committee may exchange the refunding revenue bonds for the revenue bonds which are being refunded, or it may sell them in such manner as it deems for its best interest. Except as specifically provided in this section, the refunding revenue bonds shall be issued in accordance with the provisions contained in RCW 43.21A.610 through 43.21A.642 with respect to revenue bonds.
[ 1988 c 127 § 21; 1965 c 8 § 43.21.370. Prior: 1957 c 275 § 15. Formerly RCW 43.21.370.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.636 - Steam electric generating plant—Signatures on bonds.

RCW 43.21A.636
Steam electric generating plant—Signatures on bonds.
All revenue bonds, including refunding revenue bonds, shall be signed by the governor and the state auditor under the seal of the state, one of which signatures shall be made manually and the other signature may be in printed facsimile, and any coupons may have printed or lithographic facsimile of the signatures of such officers.
[ 1965 c 8 § 43.21.380. Prior: 1957 c 275 § 16. Formerly RCW 43.21.380.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.638 - Steam electric generating plant—Provisions of law, resolution, a contract with bondholder—Enforcement.

RCW 43.21A.638
Steam electric generating plant—Provisions of law, resolution, a contract with bondholder—Enforcement.
The provisions of RCW 43.21A.610 through 43.21A.642 and any resolution providing for the issuance of revenue bonds shall constitute a contract with the holder or holders from time to time of the revenue bonds of the state finance committee. Such provisions of RCW 43.21A.610 through 43.21A.642 and of any such resolution shall be enforceable by any such bondholders by appropriate action in any court of competent jurisdiction.
[ 1988 c 127 § 22; 1965 c 8 § 43.21.390. Prior: 1957 c 275 § 17. Formerly RCW 43.21.390.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.640 - Steam electric generating plant—Bonds are legal security, investment, negotiable.

RCW 43.21A.640
Steam electric generating plant—Bonds are legal security, investment, negotiable.
All revenue bonds issued hereunder shall be legal securities, which may be used by a bank or trust company for deposit with the state treasurer, or by a county or city or town treasurer, as security for deposits in lieu of a surety bond under any law relating to deposits of public moneys. They shall constitute legal investments for trustees and other fiduciaries other than corporations doing a trust business in this state, and for savings and loan associations, banks and insurance companies doing business in this state. All revenue bonds and all coupons appertaining thereto shall be negotiable instruments within the meaning and for all purposes of the negotiable instruments law.
[ 1965 c 8 § 43.21.400. Prior: 1957 c 275 § 18. Formerly RCW 43.21.400.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.642 - Steam electric generating plant—Director not authorized to acquire other facilities or engage in retail distribution.

RCW 43.21A.642
Steam electric generating plant—Director not authorized to acquire other facilities or engage in retail distribution.
Nothing in RCW 43.21A.610 through 43.21A.642 shall authorize or empower the director to purchase or acquire any transmission or distribution system or facilities or to engage in the retail distribution of electric energy, or to purchase or acquire any operating hydroelectric generating plant owned by any city or district, or by a privately owned public utility, or which hereafter may be acquired by any city or district by condemnation.
[ 1988 c 127 § 23; 1965 c 8 § 43.21.410. Prior: 1957 c 275 § 19. Formerly RCW 43.21.410.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.650 - Freshwater aquatic weeds account.

RCW 43.21A.650
Freshwater aquatic weeds account.
The freshwater aquatic weeds account is hereby created in the state treasury. Expenditures from this account may only be used as provided in RCW 43.21A.660. Moneys in the account may be spent only after appropriation.
[ 1991 c 302 § 2.]
NOTES:
Findings—1991 c 302: "The legislature hereby finds that Eurasian water milfoil and other freshwater aquatic weeds can adversely affect fish populations, reduce habitat for desirable plant and wildlife species, and decrease public recreational opportunities. The legislature further finds that the spread of freshwater aquatic weeds is a statewide problem and requires a coordinated response among state agencies, local governments, and the public. It is therefore the intent of the legislature to establish a funding source to reduce the propagation of Eurasian water milfoil and other freshwater aquatic weeds and to manage the problems created by such freshwater aquatic plants." [ 1991 c 302 § 1.]
Effective date—1991 c 302: "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, 1991, except section 3 of this act shall be effective for vehicle registrations that expire August 31, 1992, and thereafter." [ 1991 c 302 § 6.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.660 - Freshwater aquatic weeds management program.

RCW 43.21A.660
Freshwater aquatic weeds management program.
Funds in the freshwater aquatic weeds account may be appropriated to the department of ecology to develop a freshwater aquatic weeds management program. Funds shall be expended as follows:
(1) No less than two-thirds of the appropriated funds shall be issued as grants to (a) cities, counties, tribes, special purpose districts, and state agencies to prevent, remove, reduce, or manage excessive freshwater aquatic weeds; (b) fund demonstration or pilot projects consistent with the purposes of this section; and (c) fund hydrilla eradication activities in waters of the state. Except for hydrilla eradication activities, such grants shall only be issued for lakes, rivers, or streams with a public boat launching ramp or which are designated by the department of fish and wildlife for fly-fishing. The department shall give preference to projects having matching funds or in-kind services;
(2) No more than one-third of the appropriated funds shall be expended to:
(a) Develop public education programs relating to preventing the propagation and spread of freshwater aquatic weeds; and
(b) Provide technical assistance to local governments and citizen groups; and
(3) During the 2009-2011 fiscal biennium, the legislature may transfer from the freshwater aquatic weeds account to the state general fund such amounts as reflect the excess fund balance of the account; [and]
(4) During the 2011-2013 fiscal biennium, excess funds in the freshwater aquatic weeds account may be appropriated to the department of agriculture to support the invasive knotweed program.
[ 2011 2nd sp.s. c 9 § 907; 2011 c 5 § 907; 1999 c 251 § 1; 1996 c 190 § 1; 1991 c 302 § 4.]
NOTES:
Effective dates—2011 2nd sp.s. c 9: See note following RCW 28B.50.837.
Effective date—2011 c 5: See note following RCW 43.79.487.
Findings—Effective date—1991 c 302: See notes following RCW 43.21A.650.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.662 - Freshwater aquatic weeds management program—Advisory committee.

RCW 43.21A.662
Freshwater aquatic weeds management program—Advisory committee.
(1) The department shall appoint an advisory committee to oversee the freshwater aquatic weeds management program.
(2) The advisory committee shall include representatives from the following groups:
(a) Recreational boaters interested in freshwater aquatic weed management;
(b) Residents adjacent to lakes, rivers, or streams with public boat launch facilities;
(c) Local governments;
(d) Scientific specialists;
(e) Pesticide registrants, as defined in *RCW 15.58.030(34);
(f) Certified pesticide applicators, as defined in **RCW 17.21.020(5), who specialize in the use of aquatic pesticides; and
(g) If ***chapter . . ., Laws of 1999 (Senate Bill No. 5315) is enacted by June 30, 1999, the aquatic nuisance species coordinating committee.
(3) The advisory committee shall review and provide recommendations to the department on freshwater aquatic weeds management program activities and budget and establish criteria for grants funded from the freshwater aquatic weeds account.
[ 1999 c 251 § 2.]
NOTES:
Reviser's note: *(1) RCW 15.58.030 was amended by 2000 c 96 § 1, changing subsection (34) to subsection (35). RCW 15.58.030 was subsequently amended by 2003 c 212 § 1, changing subsection (35) to subsection (36). RCW 15.58.030 was subsequently amended by 2011 c 103 § 35, changing subsection (36) to subsection (35).
**(2) RCW 17.21.020 was amended by 2001 c 333 § 1, changing subsection (5) to subsection (6), effective July 1, 2002.
***(3) Senate Bill No. 5315 (1999) was not enacted into law by June 30, 1999.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.667 - Aquatic algae control account—Freshwater and saltwater aquatic algae control program.

RCW 43.21A.667
Aquatic algae control account—Freshwater and saltwater aquatic algae control program.
(1) The aquatic algae control account is created in the state treasury. Moneys directed to the account from RCW 88.02.640 must be deposited in the account. Expenditures from the account may only be used as provided in this section. Moneys in the account may be spent only after appropriation.
(2) Funds in the aquatic algae control account may be appropriated to the department to develop a freshwater and saltwater aquatic algae control program and may be used to establish contingency funds for emergent issues. Funds must be expended as follows:
(a) As grants to cities, counties, tribes, special purpose districts, and state agencies: (i) To manage excessive freshwater and saltwater nuisance algae, with priority for the treatment of lakes in which harmful algal blooms have occurred within the past three years; and (ii) for freshwater and saltwater nuisance algae monitoring and removal; and
(b) To provide technical assistance to applicants and the public about aquatic algae control.
(3) For the purposes of this section, "saltwater nuisance algae" means native invasive algae (sea lettuce), nonnative invasive algae, and algae producing harmful toxins.
[ 2014 c 76 § 1. Prior: 2011 c 171 § 7; 2011 c 169 § 2; 2011 c 5 § 908; 2009 c 564 § 933; 2005 c 464 § 4.]
NOTES:
Intent—Effective date—2011 c 171: See notes following RCW 4.24.210.
Effective date—2011 c 5: See note following RCW 43.79.487.
Effective date—2009 c 564: See note following RCW 2.68.020.
Findings—Intent—2005 c 464: See note following RCW 88.02.560.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.680 - Solid waste plan advisory committee abolished.

RCW 43.21A.680
Solid waste plan advisory committee abolished.
The director of ecology shall abolish the solid waste plan advisory committee effective July 1, 1994.
[ 1994 sp.s. c 9 § 804.]
NOTES:
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.681 - Geoduck aquaculture operations—Guidelines—Rules.

RCW 43.21A.681
Geoduck aquaculture operations—Guidelines—Rules.
(1) The department of ecology shall develop, by rule, guidelines for the appropriate siting and operation of geoduck aquaculture operations to be included in any master program under this section. The guidelines adopted under this section must be prepared with the advice of the shellfish aquaculture regulatory committee created in section 4, chapter 216, Laws of 2007, which shall serve as the advisory committee for the development of the guidelines.
(2) The guidelines required under this section must be filed for public review and comment no later than six months after the delivery of the final report by the shellfish aquaculture regulatory committee created in section 4, chapter 216, Laws of 2007.
(3) The department of ecology shall update the guidelines required under this section, as necessary, after the completion of the geoduck research by the sea grant program at the University of Washington required under RCW 28B.20.475.
[ 2007 c 216 § 5.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.700 - Transfer of ownership of department-owned vessel—Review of vessel's physical condition.

RCW 43.21A.700
Transfer of ownership of department-owned vessel—Review of vessel's physical condition.
(1) Prior to transferring ownership of a department-owned vessel, the department shall conduct a thorough review of the physical condition of the vessel, the vessel's operating capability, and any containers and other materials that are not fixed to the vessel.
(2) If the department determines that the vessel is in a state of advanced deterioration or poses a reasonably imminent threat to human health or safety, including a threat of environmental contamination, the department may: (a) Not transfer the vessel until the conditions identified under this subsection have been corrected; or (b) permanently dispose of the vessel by landfill, deconstruction, or other related method.
[ 2013 c 291 § 23.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.702 - Transfer of ownership of department-owned vessel—Further requirements.

RCW 43.21A.702
Transfer of ownership of department-owned vessel—Further requirements.
(1) Following the inspection required under RCW 43.21A.700 and prior to transferring ownership of a department-owned vessel, the department shall obtain the following from the transferee:
(a) The purposes for which the transferee intends to use the vessel; and
(b) Information demonstrating the prospective owner's intent to obtain legal moorage following the transfer, in the manner determined by the department.
(2)(a) The department shall remove any containers or other materials that are not fixed to the vessel and contain hazardous substances, as defined under RCW 70A.305.020.
(b) However, the department may transfer a vessel with:
(i) Those containers or materials described under (a) of this subsection where the transferee demonstrates to the department's satisfaction that the container's or material's presence is consistent with the anticipated use of the vessel; and
(ii) A reasonable amount of fuel as determined by the department, based on factors including the vessel's size, condition, and anticipated use of the vessel including initial destination following transfer.
(3) Prior to sale, and unless the vessel has a valid marine document, the department is required to apply for a title or certificate of title for the vessel under RCW 88.02.510 and register the vessel under RCW 88.02.550.
[ 2020 c 20 § 1032; 2013 c 291 § 24.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.711 - Used oil contaminated with polychlorinated biphenyl—Petition for reimbursement of extraordinary costs—Processing and prioritizing petitions—Prioritized list to the legislature.

RCW 43.21A.711
Used oil contaminated with polychlorinated biphenyl—Petition for reimbursement of extraordinary costs—Processing and prioritizing petitions—Prioritized list to the legislature.
(1) Cities and counties may submit a petition to the department for reimbursement of extraordinary costs associated with managing unforeseen consequences of used oil contaminated with polychlorinated biphenyl and compliance with United States environmental protection agency enforcement orders and enforcement-related agreements.
(2) The department, in consultation with city and county moderate risk waste coordinators, the United States environmental protection agency, and other stakeholders, must process and prioritize city and county petitions that meet the following conditions:
(a) The petitioning city or county has followed and met:
(i) The updated best management practices guidelines for the collection and management of used oil; and
(ii) The best management practices for preventing and managing polychlorinated biphenyl contamination, as required under RCW 70A.224.030; and
(b) The department has determined that:
(i) The costs to the petitioning city or county for disposal of the contaminated oil or for compliance with United States environmental protection agency enforcement orders or enforcement-related agreements are extraordinary; and
(ii) The city or county could not reasonably accommodate or anticipate the extraordinary costs in their normal budget processes by following and meeting the best management practices for oil contaminated with polychlorinated biphenyl.
(3) Before January 1st of each year, the department must develop and submit to the appropriate fiscal committees of the senate and house of representatives a prioritized list of submitted petitions that the department recommends for funding by the legislature. It is the intent of the legislature that if funded, the reimbursement of extraordinary city or county costs associated with polychlorinated biphenyl management and compliance activities come from the model toxics control operating account created in RCW 70A.305.180.
[ 2020 c 20 § 1033; 2014 c 173 § 3.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.721 - Grants to emergency responders—Assistance to meet the requirements of chapter 274, Laws of 2015.

RCW 43.21A.721
Grants to emergency responders—Assistance to meet the requirements of chapter 274, Laws of 2015.
(1) Subject to the availability of amounts appropriated for this specific purpose, the department of ecology shall provide grants to emergency responders to assist with oil spill and hazardous materials response and firefighting equipment and resources needed to meet the requirements of chapter 274, Laws of 2015.
(2) For the purposes of determining grant allocations, the department of ecology, in consultation with emergency first responders, oil spill response cooperatives, representatives from the oil and rail industries, and businesses that are recipients of liquid bulk crude oil shall: (a) Conduct an evaluation of oil spill and hazardous materials response and firefighting equipment and resources currently available for oil spill and hazardous materials response activities throughout the state; (b) review the local emergency management coordinating efforts for oil spill and hazardous materials response; (c) determine the need for additional, new, or updated equipment and resources; and (d) identify areas or regions of the state that are in greatest need of resources and oil spill and hazardous materials response and firefighting equipment.
(3) The department of ecology, in consultation with emergency first responders, oil spill response cooperatives, representatives from the oil and rail industries, and businesses that are recipients of liquid bulk crude oil shall review grant applications to prioritize grant awards using the evaluation of availability of oil spill and hazardous materials response and firefighting equipment and resources as determined in subsection (2) of this section.
(a) The application review must include evaluation of equipment and resource requests, funding requirements, and coordination with existing equipment and resources in the area.
(b) Funding must be prioritized for applicants from areas where the need for firefighting and oil spill and hazardous materials response equipment is the greatest as determined in subsection (2) of this section.
(c) Grants must be coordinated to maximize currently existing equipment and resources that have been put in place by first responders and industry.
[ 2015 c 274 § 26.]
NOTES:
Effective date—2015 c 274: See note following RCW 90.56.005.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.730 - Office of Chehalis basin.

RCW 43.21A.730
Office of Chehalis basin.
(1) The office of Chehalis basin is established in the department. The primary purpose of the office is to aggressively pursue implementation of an integrated strategy and administer funding for long-term flood damage reduction and aquatic species restoration in the Chehalis river basin.
(2) The office of Chehalis basin must be funded from appropriations specified for Chehalis river basin-related flood hazard reduction and habitat recovery activities.
(3) In operating the office, the department must follow, to the greatest extent practicable, the model being used to administer the Columbia river basin water supply program established in chapter 6, Laws of 2006.
[ 2016 c 194 § 1.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.732 - Chehalis basin strategy.

RCW 43.21A.732
Chehalis basin strategy.
The Chehalis basin strategy must include a detailed set of actions to reduce flood damage and improve aquatic species habitat. The strategy must be amended by the Chehalis board as necessary to include new scientific information and needed changes to the actions to achieve the overall purpose of the strategy. The strategy must include an implementation schedule and quantified measures for evaluating the success of implementation.
[ 2016 c 194 § 3.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.733 - Chehalis basin account.

RCW 43.21A.733
Chehalis basin account.
The Chehalis basin account is created in the state treasury. All receipts from direct appropriations from the legislature, including the proceeds of tax exempt bonds, or moneys directed to the account from any other sources must be deposited in the account. Interest earned by deposits in the account will be retained in the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for the purposes set out in RCW 43.21A.730 and for the payment of expenses incurred in the issuance and sale of bonds.
[ 2016 c 194 § 4.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.734 - Chehalis basin taxable account.

RCW 43.21A.734
Chehalis basin taxable account.
The Chehalis basin taxable account is created in the state treasury. All receipts from the proceeds of taxable bonds for the office of Chehalis basin, as well as other moneys directed to the account, must be deposited in the account. Interest earned by deposits in the account will be retained in the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for the purposes set out in RCW 43.21A.730 and for the payment of expenses incurred in the issuance and sale of the bonds.
[ 2020 c 221 § 4.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.736 - Cannabis product testing—Fees—Rules.

RCW 43.21A.736
Cannabis product testing—Fees—Rules.
By July 1, 2024, the department must, in consultation with the liquor and cannabis board, adopt rules to implement section 2, chapter 277, Laws of 2019.
[ 2019 c 277 § 5.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.740 - Environmental justice obligations of the department of ecology.

RCW 43.21A.740
Environmental justice obligations of the department of ecology.
The department must apply and comply with the substantive and procedural requirements of chapter 70A.02 RCW.
[ 2021 c 314 § 5.]
NOTES:
Conflict with federal requirements—2021 c 314: See note following RCW 70A.02.005.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.900 - Chapter to be liberally construed.

RCW 43.21A.900
Chapter to be liberally construed.
The rule of strict construction shall have no application to this chapter and it shall be liberally construed in order to carry out the broad purposes set forth in RCW 43.21A.020.
[ 1970 ex.s. c 62 § 27.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21A - Department of Ecology. › 43.21A.910 - Savings—Permits, standards not affected—Severability—Effective date—1970 ex.s. c 62.

RCW 43.21A.910
Savings—Permits, standards not affected—Severability—Effective date—1970 ex.s. c 62.
See notes following RCW 43.21A.010.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21B - Environmental and Land Use Hearings Office—Pollution Control Hearings Board. › 43.21B.010 - Pollution control hearings board created—Purpose.

RCW 43.21B.010
Pollution control hearings board created—Purpose.
There is hereby created within the environmental and land use hearings office a pollution control hearings board of the state of Washington.
The purpose of the pollution control hearings board is to provide for a more expeditious and efficient disposition of designated environmental appeals as provided for in RCW 43.21B.110.
[ 2010 c 210 § 6; (2010 c 210 § 5 expired July 1, 2011); 1979 ex.s. c 47 § 3; 1970 ex.s. c 62 § 31.]
NOTES:
Intent—Effective dates—Application—Pending cases and rules—2010 c 210: See notes following RCW 43.21B.001.
Expiration dates—2010 c 210 §§ 3, 5, and 7: See note following RCW 43.21B.110.
Intent—1979 ex.s. c 47: See note following RCW 43.21B.005.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21B - Environmental and Land Use Hearings Office—Pollution Control Hearings Board. › 43.21B.020 - Members—Qualifications—Appointment.

RCW 43.21B.020
Members—Qualifications—Appointment.
The hearings board shall consist of three members qualified by experience or training in pertinent matters pertaining to the environment, and at least one member of the hearings board shall have been admitted to practice law in this state and engaged in the legal profession at the time of his or her appointment. The hearings board shall be appointed by the governor with the advice and consent of the senate, and no more than two of whom at the time of appointment or during their term shall be members of the same political party.
[ 2009 c 549 § 5091; 1970 ex.s. c 62 § 32.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21B - Environmental and Land Use Hearings Office—Pollution Control Hearings Board. › 43.21B.030 - Members—Terms—Filling vacancies, term.

RCW 43.21B.030
Members—Terms—Filling vacancies, term.
Members of the hearings board shall be appointed for a term of six years and until their successors are appointed and have qualified. In case of a vacancy, it shall be filled by appointment by the governor for the unexpired portion of the term in which said vacancy occurs: PROVIDED, That the terms of the first three members of the hearings board shall be staggered so that one member shall be appointed to serve until July 1, 1972, one member until July 1, 1974, and one member until July 1, 1976.
[ 1970 ex.s. c 62 § 33.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21B - Environmental and Land Use Hearings Office—Pollution Control Hearings Board. › 43.21B.040 - Removal of member, procedure—As disqualification for reappointment.

RCW 43.21B.040
Removal of member, procedure—As disqualification for reappointment.
Any member of the hearings board may be removed for inefficiency, malfeasance and misfeasance in office, under specific written charges filed by the governor, who shall transmit such written charges to the member accused and to the chief justice of the supreme court. The chief justice shall thereupon designate a tribunal composed of three judges of the superior court to hear and adjudicate the charges. Such tribunal shall fix the time of the hearing which shall be public, and the procedure for the hearing, and the decision of such tribunal shall be final and not subject to review by the supreme court. Removal of any member of the hearings board by the tribunal shall disqualify such member for reappointment.
[ 1970 ex.s. c 62 § 34.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21B - Environmental and Land Use Hearings Office—Pollution Control Hearings Board. › 43.21B.050 - Governor to determine basis for operation—Compensation if part-time basis, limitation—Reimbursement of travel expenses.

RCW 43.21B.050
Governor to determine basis for operation—Compensation if part-time basis, limitation—Reimbursement of travel expenses.
The hearings board shall operate on either a part-time or a full-time basis, as determined by the governor. If it is determined that the hearings board shall operate on a full-time basis, each member of the hearings board shall receive an annual salary to be determined by the governor pursuant to RCW 43.03.040. If it is determined the hearings board shall operate on a part-time basis, each member of the hearings board shall receive compensation on the basis of seventy-five dollars for each day spent in performance of his or her duties but such compensation shall not exceed ten thousand dollars in a fiscal year. Each hearings board member shall receive reimbursement for travel expenses incurred in the discharge of his or her duties in accordance with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended.
[ 2009 c 549 § 5092; 1975-'76 2nd ex.s. c 34 § 101; 1970 ex.s. c 62 § 35.]
NOTES:
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21B - Environmental and Land Use Hearings Office—Pollution Control Hearings Board. › 43.21B.060 - Restrictions upon conduct while member and upon termination of membership.

RCW 43.21B.060
Restrictions upon conduct while member and upon termination of membership.
Each member of the hearings board: (1) 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 of the hearings board, nor shall he or she serve on or under any committee of any political party; and (2) shall not for a period of one year after the termination of his or her membership on the hearings board, act in a representative capacity before the hearings board on any matter.
[ 2009 c 549 § 5093; 1970 ex.s. c 62 § 36.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21B - Environmental and Land Use Hearings Office—Pollution Control Hearings Board. › 43.21B.080 - Chair, biennial election of.

RCW 43.21B.080
Chair, biennial election of.
The hearings board shall as soon as practicable after the initial appointment of the members thereof, meet and elect from among its members a chair, and shall at least biennially thereafter meet and elect such a chair.
[ 2009 c 549 § 5094; 1970 ex.s. c 62 § 38.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21B - Environmental and Land Use Hearings Office—Pollution Control Hearings Board. › 43.21B.090 - Principal office—Quorum—Hearings—Board powers and duties.

RCW 43.21B.090
Principal office—Quorum—Hearings—Board powers and duties.
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 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.
[ 1990 c 65 § 2; 1974 ex.s. c 69 § 1; 1970 ex.s. c 62 § 39.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21B - Environmental and Land Use Hearings Office—Pollution Control Hearings Board. › 43.21B.100 - Board to make findings of fact and written decisions on each case considered—Effective upon signing and filing—Public information.

RCW 43.21B.100
Board to make findings of fact and written decisions on each case considered—Effective upon signing and filing—Public information.
The hearings board shall make findings of fact and prepare a written decision in each case decided by it, and such findings and decisions shall be effective upon being signed by two or more members of the hearings board and upon being filed at the hearings board's principal office, and shall be open for public inspection at all reasonable times.
[ 1970 ex.s. c 62 § 40.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21B - Environmental and Land Use Hearings Office—Pollution Control Hearings Board. › 43.21B.130 - Administrative procedure act to apply to appeal of board rules and regulations—Scope of board action on decisions and orders of others.

RCW 43.21B.130
Administrative procedure act to apply to appeal of board rules and regulations—Scope of board action on decisions and orders of others.
The administrative procedure act, chapter 34.05 RCW, shall apply to the appeal of rules and regulations adopted by the board to the same extent as it applied to the review of rules and regulations adopted by the directors and/or boards or commissions of the various departments whose powers, duties and functions were transferred by section 6, chapter 62, Laws of 1970 ex. sess. to the department. All other decisions and orders of the director and all decisions of air pollution control boards or authorities established pursuant to chapter 70A.15 RCW shall be subject to review by the hearings board as provided in this chapter.
[ 2020 c 20 § 1036; 1990 c 65 § 3; 1970 ex.s. c 62 § 43.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21B - Environmental and Land Use Hearings Office—Pollution Control Hearings Board. › 43.21B.160 - Appeals—Generally.

RCW 43.21B.160
Appeals—Generally.
In all appeals, the hearings board shall have all powers relating to administration of oaths, issuance of subpoenas, and taking of depositions as are granted to agencies in chapter 34.05 RCW, the Administrative Procedure Act. The hearings board, and each member thereof, shall be subject to all duties imposed upon, and shall have all powers granted to, an agency by those provisions of chapter 34.05 RCW relating to adjudicative proceedings. In the case of appeals within the jurisdiction of the hearings board, the hearings board, or any member thereof, may obtain such assistance, including the making of field investigations, from the staff of the director as the hearings board, or any member thereof, may deem necessary or appropriate. Any communication, oral or written, from the staff of the director to the hearings board shall be presented only in an open hearing.
[ 1995 c 382 § 2; 1990 c 65 § 5; 1989 c 175 § 103; 1974 ex.s. c 69 § 3; 1970 ex.s. c 62 § 46.]
NOTES:
Effective date—1989 c 175: See note following RCW 34.05.010.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21B - Environmental and Land Use Hearings Office—Pollution Control Hearings Board. › 43.21B.170 - Proceedings conducted in accordance with published board rules and regulations.

RCW 43.21B.170
Proceedings conducted in accordance with published board rules and regulations.
All proceedings before the hearings board or any of its members shall be conducted in accordance with such rules of practice and procedure as the hearings board may prescribe. The hearings board shall publish such rules and arrange for the reasonable distribution thereof.
[ 1995 c 382 § 3; 1970 ex.s. c 62 § 47.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21B - Environmental and Land Use Hearings Office—Pollution Control Hearings Board. › 43.21B.175 - Mediation.

RCW 43.21B.175
Mediation.
In all appeals, upon request of one or more parties and with the consent of all parties, the environmental hearings boards may schedule a conference for the purpose of attempting to mediate the case. Mediation must 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 board. A person who mediates in a particular appeal may not participate in a hearing on that appeal and may not write the decision and order in the appeal. The mediator may not communicate with board members regarding the mediation other than to inform them of the pendency of the mediation and whether the case settled. Mediation provided by the environmental hearings boards must be conducted pursuant to the provisions of the uniform mediation act, chapter 7.07 RCW.
[ 2010 c 210 § 9.]
NOTES:
Intent—Effective dates—Application—Pending cases and rules—2010 c 210: See notes following RCW 43.21B.001.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21B - Environmental and Land Use Hearings Office—Pollution Control Hearings Board. › 43.21B.180 - Judicial review—Right of review of decisions pursuant to RCW 43.21B.110.

RCW 43.21B.180
Judicial review—Right of review of decisions pursuant to RCW 43.21B.110.
Any party aggrieved by a final decision and order of the pollution control hearings board may obtain judicial review of the final decision and order as provided in RCW 34.05.510 through 34.05.598. The state or local agency that issued the decision appealed to the board shall have the same right of review from a decision made pursuant to RCW 43.21B.110 as does any person.
[ 2010 c 210 § 10; 1994 c 253 § 6; 1989 c 175 § 104; 1970 ex.s. c 62 § 48.]
NOTES:
Intent—Effective dates—Application—Pending cases and rules—2010 c 210: See notes following RCW 43.21B.001.
Effective date—1989 c 175: See note following RCW 34.05.010.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21B - Environmental and Land Use Hearings Office—Pollution Control Hearings Board. › 43.21B.230 - Appeals of agency actions.

RCW 43.21B.230
Appeals of agency actions.
(1) Unless otherwise provided by law, any person with standing may commence an appeal to the pollution control hearings board by filing a notice of appeal with the board within thirty days from the date of receipt of the decision being appealed.
(2) The appeal is timely if it is filed with the board and served upon the state or local agency whose action is being appealed within the same thirty-day period. Proof of service must be filed with the clerk of the hearings board to perfect the appeal.
(3) The appeal must contain the following in accordance with the rules of the hearings board:
(a) The appellant's name and address;
(b) The date and docket number of the order, permit, license, or decision appealed;
(c) A copy of the order, permit, license, or decision that is the subject of the appeal;
(d) A clear, separate, and concise statement of every error alleged to have been committed;
(e) A clear and concise statement of facts upon which the requester relies to sustain his or her statements of error; and
(f) A statement setting forth the relief sought.
[ 2010 c 210 § 11; 2004 c 204 § 3; 1997 c 125 § 2; 1994 c 253 § 8; 1990 c 65 § 6; 1970 ex.s. c 62 § 53.]
NOTES:
Intent—Effective dates—Application—Pending cases and rules—2010 c 210: See notes following RCW 43.21B.001.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21B - Environmental and Land Use Hearings Office—Pollution Control Hearings Board. › 43.21B.240 - Department—Air authorities—Adjudicative proceedings, may not conduct.

RCW 43.21B.240
Department—Air authorities—Adjudicative proceedings, may not conduct.
The department and air authorities shall not have authority to hold adjudicative proceedings pursuant to the Administrative Procedure Act, chapter 34.05 RCW. Such hearings shall be held by the pollution control hearings board.
[ 1989 c 175 § 105; 1987 c 109 § 9; 1970 ex.s. c 62 § 54.]
NOTES:
Effective date—1989 c 175: See note following RCW 34.05.010.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21B - Environmental and Land Use Hearings Office—Pollution Control Hearings Board. › 43.21B.250 - Challenges to consistency of rules adopted pursuant to RCW 43.21C.110 and 43.21C.120—Procedure—Finality.

RCW 43.21B.250
Challenges to consistency of rules adopted pursuant to RCW 43.21C.110 and 43.21C.120—Procedure—Finality.
(1) All challenges in regard to the consistency of the rules adopted pursuant to RCW 43.21C.120 and with the rules and guidelines adopted pursuant to RCW 43.21C.110 shall be initiated by filing a petition for review with the pollution control hearings board in accordance with rules of practice and procedures promulgated by the hearings board.
(2) All challenges to the hearings board provided under this section shall be decided on the basis of conformance of rules, with the applicable rules and guidelines adopted pursuant to RCW 43.21C.110. The board may in its discretion require briefs, testimony, and oral arguments.
(3) The decisions of the hearings board authorized under this section shall be final.
[ 1974 ex.s. c 179 § 9.]
NOTES:
Purpose—1974 ex.s. c 179: See note following RCW 43.21C.080.
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21B - Environmental and Land Use Hearings Office—Pollution Control Hearings Board. › 43.21B.260 - Regulations and amendments of activated air pollution control authorities—Filing with hearings board authorized—Evidence.

RCW 43.21B.260
Regulations and amendments of activated air pollution control authorities—Filing with hearings board authorized—Evidence.
Activated air pollution control authorities, established under chapter 70A.15 RCW, may file certified copies of their regulations and amendments thereto with the pollution control hearings board of the state of Washington, and the hearings board shall take judicial note of the copies so filed and the said regulations and amendments shall be received and admitted, by reference, in all hearings before the board, as prima facie evidence that such regulations and amendments on file are in full force and effect.
[ 2020 c 20 § 1037; 1974 ex.s. c 69 § 5.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21B - Environmental and Land Use Hearings Office—Pollution Control Hearings Board. › 43.21B.305 - Appeals that involve penalties of fifteen thousand dollars or less or that involve a derelict or abandoned vessel under RCW 79.100.120.

RCW 43.21B.305
Appeals that involve penalties of fifteen thousand dollars or less or that involve a derelict or abandoned vessel under RCW 79.100.120.
(1) In an appeal that involves a penalty of fifteen thousand dollars or less or that involves a derelict or abandoned vessel under RCW 79.100.120, the appeal may be heard by one member of the board, whose decision shall be the final decision of the board. The board shall define by rule alternative procedures to expedite appeals involving penalties of fifteen thousand dollars or less or involving a derelict or abandoned vessel. These alternatives may include: Mediation, upon agreement of all parties; submission of testimony by affidavit; or other forms that may lead to less formal and faster resolution of appeals.
(2) For appeals that involve a derelict or abandoned vessel under RCW 79.100.120 only, an administrative law judge employed by the board may be substituted for a board member under this section.
[ 2013 c 291 § 44; 2005 c 34 § 2; 1994 c 253 § 5.]
2023 Revised Code of Washington › Title 43 - State Government—Executive › Chapter 43.21B - Environmental and Land Use Hearings Office—Pollution Control Hearings Board. › 43.21B.310 - Appeal of orders.

RCW 43.21B.310
Appeal of orders.
(1) The issuing agency in its discretion may stay the effectiveness of any order that has been appealed to the board during the pendency of such an appeal.
(2) At any time during the pendency of an appeal of such an order to the board, the appellant may apply pursuant to RCW 43.21B.320 to the hearings board for a stay of the order or for the removal thereof.
(3) Upon failure to comply with any final order of the department, the attorney general, on request of the department, may bring an action in the superior court of the county where the violation occurred or the potential violation is about to occur to obtain such relief as necessary, including injunctive relief, to ensure compliance with the order. The air authorities may bring similar actions to enforce their orders.
(4) An appealable decision or order shall be identified as such and shall contain a conspicuous notice to the recipient that it may be appealed only by filing an appeal with the hearings board and serving it on the issuing agency within thirty days of the date of receipt.
[ 2010 c 210 § 13. Prior: 2009 c 456 § 18; 2009 c 178 § 3; 2004 c 204 § 5; prior: 2001 c 220 § 4; 2001 c 36 § 3; 1992 c 73 § 3; 1989 c 2 § 14 (Initiative Measure No. 97, approved November 8, 1988); (1987 3rd ex.s. c 2 § 49 repealed by 1989 c 2 § 24, effective March 1, 1989); 1987 c 109 § 6.]
NOTES:
Intent—Effective dates—Application—Pending cases and rules—2010 c 210: See notes following RCW 43.21B.001.
Intent—Construction—Effective date—2001 c 220: See notes following RCW 43.21B.110.
Effective dates—1992 c 73: See RCW 82.23B.902.
Short title—Construction—Existing agreements—Effective date—1989 c 2: See RCW 70A.305.900 and 70A.305.902 through 70A.305.904, respectively.
Purpose—Short title—Construction—Rules—Severability—Captions—1987 c 109: See notes following RCW 43.21B.001.