reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.46 - Vessel Oil Spill Prevention and Response. › 88.46.100 - Notification of vessel emergencies resulting in discharge of oil.

RCW 88.46.100
Notification of vessel emergencies resulting in discharge of oil.
In addition to any notifications that the owner or operator of a covered vessel must provide to the United States coast guard regarding a vessel emergency, the owner or operator of a covered vessel must notify the state of any vessel emergency that results in the discharge or substantial threat of discharge of oil to state waters or that may affect the natural resources of the state within one hour of the onset of that emergency. The purpose of this notification is to enable the department to coordinate with the vessel operator, contingency plan holder, and the United States coast guard to protect the public health, welfare, and natural resources of the state and to ensure all reasonable spill preparedness and response measures are in place prior to a spill occurring.
[ 2011 c 122 § 8; 2000 c 69 § 10; 1995 c 391 § 9; 1991 c 200 § 423.]
NOTES:
Effective date—1995 c 391: See note following RCW 38.52.005.
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.46 - Vessel Oil Spill Prevention and Response. › 88.46.120 - Tank vessel response equipment standards.

RCW 88.46.120
Tank vessel response equipment standards.
The department may adopt rules including but not limited to standards for spill response equipment to be maintained on tank vessels. The standards adopted under this section shall be consistent with spill response equipment standards adopted by the United States coast guard.
[ 2000 c 69 § 11; 1991 c 200 § 425.]
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.46 - Vessel Oil Spill Prevention and Response. › 88.46.125 - Emergency response system—Funding—Intent—Finding.

RCW 88.46.125
Emergency response system—Funding—Intent—Finding.
(1) It is the intent of the legislature to provide the various components of the maritime industry with the tools necessary to satisfy the requirements of RCW 88.46.130 in the most cost-effective manner. In doing, the legislature encourages, but does not mandate, the maritime industry to unite behind their mutual interests and responsibilities and identify or form a single umbrella organization that allows all affected covered vessels to equitably share the costs inherent in the implementation of RCW 88.46.130.
(2) The legislature further finds that, given the broad range of covered vessel types and sizes, an equitable sharing of the costs of implementing RCW 88.46.130 will likely mean that not all covered vessels will be responsible for providing the same amount of funding. Any umbrella organization that is identified or formed to satisfy the requirements of chapter 11, Laws of 2009 should consider the multitude of factors that comprise the risk of vessel emergencies and the likelihood of initiating a response from the emergency response vessel required by RCW 88.46.130.
(3) The legislature intends to provide the authority for any operator of a covered vessel that feels as though an umbrella organization that is identified, formed, or proposed for formation does not equitably share the costs of compliance with RCW 88.46.130 with the covered vessel in question, or the class of vessel to which the covered vessel belongs, to either contract directly with an adequate emergency response vessel or form or join a discreet umbrella organization representing the appropriate segment of the maritime industry. However, if the operator of a covered vessel chooses not to join a proposed or existing umbrella organization, or finds that negotiations leading to the formation of an umbrella organization are not progressing in an adequate manner, the legislature requests, but does not require, that the vessel operator contact the department and provide official notice of their concern as to how the umbrella group in question failed in establishing an equitable cost-share strategy.
(4) The department shall collect and maintain all notices received under this section and shall summarize any reports received by the operators of covered vessels and report the summation to the appropriate committees of the legislature upon request by a legislative committee.
[ 2009 c 11 § 4.]
NOTES:
Findings—Intent—2009 c 11: See note following RCW 88.46.130.
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.46 - Vessel Oil Spill Prevention and Response. › 88.46.135 - Emergency response system—Vessel planning standards.

RCW 88.46.135
Emergency response system—Vessel planning standards.
(1) An emergency response towing vessel that is a part of the emergency response system required by RCW 88.46.130 must be stationed at Neah Bay and be available to respond to vessel emergencies. The towing vessel must be able to satisfy the following minimum planning standards:
(a) Be underway within twenty minutes of a decision to deploy;
(b) Be able to deploy at any hour of any day to provide emergency assistance within the capabilities of the minimum planning standards and be safely manned to remain underway for at least forty-eight hours;
(c) In severe weather conditions, be capable of making up to, stopping, holding, and towing a drifting or disabled vessel of one hundred eighty thousand metric dead weight tons;
(d) In severe weather conditions, be capable of holding position within one hundred feet of another vessel;
(e) Be equipped with and maneuverable enough to effectively employ a ship anchor chain recovery hook and line throwing gun;
(f) Be capable of a bollard pull of at least seventy short tons; and
(g) Be equipped with appropriate equipment for:
(i) Damage control patching;
(ii) Vessel dewatering;
(iii) Air safety monitoring; and
(iv) Digital photography.
(2) The requirements of this section may be fulfilled by one or more private organizations or nonprofit cooperatives providing umbrella coverage under contract to single or multiple covered vessels.
(3)(a) The department must be authorized to contract with the emergency response towing vessel, at the discretion of the department, in response to a potentially emerging maritime casualty or as a precautionary measure during severe storms. All instances of use by the department must be paid for by the department.
(b) Covered vessels that are required to provide an emergency response towing vessel under RCW 88.46.130 may not restrict the emergency response towing vessel from responding to distressed vessels that are not covered vessels.
(4) Nothing in this section limits the ability of a covered vessel to contract with an emergency response towing vessel with capabilities that exceed the minimum capabilities provided for a towing vessel in this section.
(5) The covered vessel owner or operator shall submit a written report to the department as soon as practicable regarding an emergency response system deployment, including photographic documentation determined by the department to be of adequate quality. The report must provide a detailed description of the incident necessitating a response and the actions taken to render assistance under the emergency response system.
[ 2009 c 11 § 3.]
NOTES:
Findings—Intent—2009 c 11: See note following RCW 88.46.130.
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.46 - Vessel Oil Spill Prevention and Response. › 88.46.139 - Emergency response system—Adequacy determination—Practice drills.

RCW 88.46.139
Emergency response system—Adequacy determination—Practice drills.
(1) As part of reviewing contingency plans submitted under RCW 88.46.130, the department may determine the adequacy of the emergency response system required in RCW 88.46.130 through practice drills that test compliance with the requirements of RCW 88.46.135. Practice drills may be conducted without prior notice.
(2) Each successful response to a vessel emergency may be considered by the department to satisfy a drill covering this portion of a covered vessel's contingency plan.
(3) Drills of the emergency response system required in RCW 88.46.130 must emphasize the system's ability to respond to a potentially worst case vessel emergency scenario.
[ 2009 c 11 § 6.]
NOTES:
Findings—Intent—2009 c 11: See note following RCW 88.46.130.
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.46 - Vessel Oil Spill Prevention and Response. › 88.46.160 - Refueling, bunkering, or lightering operations—Availability of containment and recovery equipment—Rules.

RCW 88.46.160
Refueling, bunkering, or lightering operations—Availability of containment and recovery equipment—Rules.
Any person or facility conducting ship refueling and bunkering operations, or the lightering of petroleum products, and any person or facility transferring oil between an onshore or offshore facility and a tank vessel shall have containment and recovery equipment readily available for deployment in the event of the discharge of oil into the waters of the state and shall deploy the containment and recovery equipment in accordance with standards adopted by the department. All persons conducting refueling, bunkering, or lightering operations, or oil transfer operations shall be trained in the use and deployment of oil spill containment and recovery equipment. The department shall adopt rules as necessary to carry out the provisions of this section by June 30, 2006. The rules shall include standards for the circumstances under which containment equipment should be deployed including standards requiring deployment of containment equipment prior to the transfer of oil when determined to be safe and effective by the department. The department may require a person or facility to employ alternative measures including but not limited to automatic shutoff devices and alarms, extra personnel to monitor the transfer, or containment equipment that is deployed quickly and effectively. The standards adopted by rule must be suitable to the specific environmental and operational conditions and characteristics of the facilities that are subject to the standards, and the department must consult with the United States coast guard with the objective of developing state standards that are compatible with federal requirements applicable to the activities covered by this section. An onshore or offshore facility shall include the procedures used to contain and recover discharges in the facility's contingency plan. It is the responsibility of the person providing bunkering, refueling, or lightering services to provide any containment or recovery equipment required under this section. This section does not apply to a person operating a ship for personal pleasure or for recreational purposes.
[ 2004 c 226 § 3; 2000 c 69 § 12; 1991 c 200 § 438; 1987 c 479 § 2. Formerly RCW 90.48.510.]
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.46 - Vessel Oil Spill Prevention and Response. › 88.46.165 - Oil transfers—Scope of rules—Reporting volumes of oil transferred.

RCW 88.46.165
Oil transfers—Scope of rules—Reporting volumes of oil transferred.
(1) The department's rules authorized under RCW 88.46.160 and this section shall be scaled to the risk posed to people and to the environment, and be categorized by type of transfer, volume of oil, frequency of transfers, and such other risk factors as identified by the department.
(2) The rules may require prior notice be provided before an oil transfer, regulated under this chapter, occurs in situations defined by the department as posing a higher risk. The notice may include the time, location, and volume of the oil transfer, as well as the region per bill of lading, gravity as measured by standards developed by the American petroleum institute, and type of crude oil. The rules may not require prior notice when marine fuel outlets are transferring less than three thousand gallons of oil in a single transaction to a ship that is not a covered vessel and the transfers are scheduled less than four hours in advance.
(3) The department may require semiannual reporting of volumes of oil transferred to ships by a marine fuel outlet.
(4) The rules may require additional measures to be taken in conjunction with the deployment of containment equipment or with the alternatives to deploying containment equipment. However, these measures must be scaled appropriately to the risks posed by the oil transfer.
(5) The rules shall include regulations to enhance the safety of oil transfers over water originating from vehicles transporting oil over private roads or highways of the state.
[ 2019 c 289 § 8; 2006 c 316 § 1.]
NOTES:
Finding—Intent—2019 c 289: See note following RCW 88.16.190.
Severability—2006 c 316: See note following RCW 88.46.167.
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.46 - Vessel Oil Spill Prevention and Response. › 88.46.167 - Inspection authority—Department to conduct specialized reviews and prioritize adding capacity.

RCW 88.46.167
Inspection authority—Department to conduct specialized reviews and prioritize adding capacity.
In addition to other inspection authority provided for in this chapter and chapter 90.56 RCW, the department may conduct inspections of oil transfer operations regulated under RCW 88.46.160 or 88.46.165. The department must conduct specialized reviews and prioritize adding capacity for the inspection of oil transfer operations where oils, depending on their qualities, weathering, environmental factors, and method of discharge, may submerge or sink in water.
[ 2018 c 262 § 205; 2006 c 316 § 2.]
NOTES:
Findings—Intent—Report—2018 c 262: See notes following RCW 82.23B.010.
Severability—2006 c 316: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 2006 c 316 § 5.]
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.46 - Vessel Oil Spill Prevention and Response. › 88.46.170 - Field operations program—Coordination with United States coast guard.

RCW 88.46.170
Field operations program—Coordination with United States coast guard.
(1) The department shall establish a field operations program to enforce the provisions of this chapter. The field operations program shall include, but is not limited to, the following elements:
(a) Education and public outreach;
(b) Review of lightering and bunkering operations to prevent oil spills;
(c) Evaluation and boarding of tank vessels for compliance with prevention plans prepared pursuant to this chapter;
(d) Evaluation and boarding of covered vessels that may pose a substantial risk to the public health, safety, and the environment;
(e) Evaluation and boarding of covered vessels for compliance with rules adopted by the department to implement recommendations of regional marine safety committees; and
(f) Collection of vessel information to assist in identifying vessels which pose a substantial risk to the public health, safety, and the environment.
(2) The department shall coordinate the field operations program with similar activities of the United States coast guard. To the extent feasible, the department shall coordinate its boarding schedules with those of the United States coast guard to reduce the impact of boardings on vessel operators, to more efficiently use state and federal resources, and to avoid duplication of United States coast guard inspection operations.
(3) In developing and implementing the field operations program, the department shall give priority to activities designed to identify those vessels which pose the greatest risk to the waters of the state. The department shall consult with the marine transportation industry, individuals concerned with the marine environment, other state and federal agencies, and the public in developing and implementing the program required by this section.
[ 2000 c 69 § 13; 1993 c 162 § 1.]
NOTES:
Severability—1993 c 162: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1993 c 162 § 4.]
Effective date—1993 c 162: "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 162 § 5.]
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.46 - Vessel Oil Spill Prevention and Response. › 88.46.180 - Planning standards for equipment—Updates.

RCW 88.46.180
Planning standards for equipment—Updates.
(1) The department shall evaluate and update planning standards for oil spill response equipment required under contingency plans required by this chapter, including aerial surveillance, in order to ensure access in the state to equipment that represents the best achievable protection to respond to a worst case spill and provide for continuous operation of oil spill response activities to the maximum extent practicable and without jeopardizing crew safety, as determined by the incident commander or the unified command.
(2) The department shall by rule update the planning standards at five-year intervals to ensure the maintenance of best available protection over time. Rule updates to covered nontank vessels shall minimize potential impacts to discretionary cargo moved through the state.
[ 2015 c 274 § 23; 2011 c 122 § 2.]
NOTES:
Effective date—2015 c 274: See note following RCW 90.56.005.
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.46 - Vessel Oil Spill Prevention and Response. › 88.46.190 - Rule making for vessels of opportunity response system.

RCW 88.46.190
Rule making for vessels of opportunity response system.
By December 31, 2012, the department shall complete rule making for purposes of improving the effectiveness of the vessels of opportunity [response] system to participate in spill response.
[ 2011 c 122 § 3.]
NOTES:
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.46 - Vessel Oil Spill Prevention and Response. › 88.46.200 - Advisory marine safety committees—Recommendations.

RCW 88.46.200
Advisory marine safety committees—Recommendations.
The director may appoint ad hoc, advisory marine safety committees to solicit recommendations and technical advice concerning vessel traffic safety. The department may implement recommendations made in regional marine safety plans that are approved by the department and over which the department has authority. If federal authority or action is required to implement the recommendations, the department may petition the appropriate agency or the congress.
[ 2000 c 69 § 14; 1994 sp.s. c 9 § 854.]
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 88 - Navigation and Harbor Improvements › Chapter 88.46 - Vessel Oil Spill Prevention and Response. › 88.46.210 - Volunteer coordination system.

RCW 88.46.210
Volunteer coordination system.
(1) The department shall establish a volunteer coordination system. The volunteer coordination system may be included as a part of the state's overall oil spill response strategy, and may be implemented by local emergency management organizations, in coordination with any analogous federal efforts, to supplement the state's timely and effective response to spills.
(2) The department should consider how the volunteer coordination system will:
(a) Coordinate with the incident commander or unified command of an oil spill and any affected local governments to receive, screen, and register volunteers who are not affiliated with the emergency management organization or a local nongovernmental organization;
(b) Coordinate the management of volunteers with local nongovernmental organizations and their affiliated volunteers;
(c) Coordinate appropriate response operations with different classes of volunteers, including pretrained volunteers and convergent volunteers, to fulfill requests by the department or an oil spill incident commander or unified command;
(d) Coordinate public outreach regarding the need for and use of volunteers;
(e) Determine minimum participation criteria for volunteers; and
(f) Identify volunteer training requirements and, if applicable, provide training opportunities for volunteers prior to an oil spill response incident.
(3) An act or omission by any volunteer participating in a spill response or training as part of a volunteer coordination system, while engaged in such activities, does not impose any liability on any state agency, any participating local emergency management organization, or the volunteer for civil damages resulting from the act or omission. However, the immunity provided under this subsection does not apply to an act or omission that constitutes gross negligence or willful or wanton misconduct.
(4) The decisions to utilize volunteers in an oil spill response, which volunteers to utilize, and to determine which response activities are appropriate for volunteer participation in any given response are the sole responsibilities of the designated incident commander or unified command.
[ 2011 c 122 § 4.]
NOTES:
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.46 - Vessel Oil Spill Prevention and Response. › 88.46.220 - Equipment deployment drills of covered vessels.

RCW 88.46.220
Equipment deployment drills of covered vessels.
(1) The department is responsible for requiring joint large-scale, multiple plan equipment deployment drills of covered vessels to determine the adequacy of the owner's or operator's compliance with the contingency plan requirements of this chapter. The department must order at least one drill as outlined in this section every three years, which must address situations where oils, depending on their qualities, weathering, environmental factors, and method of discharge, may submerge or sink in water.
(2) Drills required under this section must focus on, at a minimum, the following:
(a) The functional ability for multiple contingency plans to be simultaneously activated with the purpose of testing the ability for dedicated equipment and trained personnel cited in multiple contingency plans to be activated in a large scale spill; and
(b) The operational readiness during both the first six hours of a spill and, at the department's discretion, over multiple operational periods of response.
(3) Drills required under this section may be incorporated into other drill requirements under this chapter to avoid increasing the number of drills and equipment deployments otherwise required.
(4) Each successful drill conducted under this section may be considered by the department as a drill of the underlying contingency plan and credit may be awarded to the plan holder accordingly.
(5) The department shall, when practicable, coordinate with applicable federal agencies, the state of Oregon, and the province of British Columbia to establish a drill incident command and to help ensure that lessons learned from the drills are evaluated with the goal of improving the underlying contingency plans.
[ 2018 c 262 § 203; 2011 c 122 § 5.]
NOTES:
Findings—Intent—Report—2018 c 262: See notes following RCW 82.23B.010.
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.46 - Vessel Oil Spill Prevention and Response. › 88.46.230 - Umbrella plan holders.

RCW 88.46.230
Umbrella plan holders.
(1) When submitting a contingency plan to the department under RCW 88.46.060, any umbrella plan holder that enrolls both tank vessels and covered vessels that are not tank vessels must, in addition to satisfying the other requirements of this chapter, specify:
(a) The maximum worst case discharge volume from covered vessels that are not tank vessels to be covered by the umbrella plan holder's contingency plan; and
(b) The maximum worst case discharge volume from tank vessels to be covered by the umbrella plan holder's contingency plan.
(2) Any owner or operator of a covered vessel having a worst case discharge volume that exceeds the maximum volume covered by an approved umbrella plan holder may enroll with the umbrella plan holder if the owner or operator of the covered vessel maintains an agreement with another entity to provide supplemental equipment sufficient to meet the requirements of this chapter.
(3) The department must approve an umbrella plan holder that covers vessels having a worst case discharge volume that exceeds the maximum volume if:
(a) The department determines that the umbrella plan holder should be approved for a lower discharge volume;
(b) The vessel owner or operator provides documentation to the umbrella plan holder authorizing the umbrella plan holder to activate additional resources sufficient to meet the worst case discharge volume of the vessel; and
(c) The department has previously approved a plan that provides access to the same resources identified in (3)(b) [(b) of this subsection] to meet the requirements of this chapter for worst case discharge volumes equal to or greater than the worst case discharge volume of the vessel.
(4) The umbrella plan holder must describe in the plan how the activation of additional resources will be implemented and provide the department the ability to review and inspect any documentation that the umbrella plan holder relies on to enroll a vessel with a worst case discharge that exceeds the plan's maximum volume.
[ 2011 c 122 § 7.]
NOTES:
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.46 - Vessel Oil Spill Prevention and Response. › 88.46.250 - Model—Assessment of oil spill risks, emergency response towing vessel—Report.

RCW 88.46.250
Model—Assessment of oil spill risks, emergency response towing vessel—Report.
(1) The department must develop and maintain a model to quantitatively assess current and potential future risks of oil spills from covered vessels in Washington waters, as it conducts ongoing oil spill risk assessments. The department must consult with the United States coast guard, potentially affected federally recognized Indian treaty fishing tribes, other federally recognized treaty tribes with potentially affected interests, and stakeholders to: Determine model assumptions; develop scenarios to show the likely impacts of changes to model assumptions, including potential changes in vessel traffic, commodities transported, and vessel safety and risk reduction measures; and update the model periodically.
(2) Utilizing the model pursuant to subsection (1) of this section, the department must quantitatively assess whether an emergency response towing vessel serving Haro Strait, Boundary Pass, Rosario Strait, and connected navigable waterways will reduce oil spill risk. The department must report its findings to the legislature by September 1, 2023.
[ 2019 c 289 § 4.]
NOTES:
Finding—Intent—2019 c 289: See note following RCW 88.16.190.
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.46 - Vessel Oil Spill Prevention and Response. › 88.46.260 - Vessel traffic patterns, oil spill risks—Effects of rules—Board of pilotage commissioners and department to consider—Notice.

RCW 88.46.260
Vessel traffic patterns, oil spill risks—Effects of rules—Board of pilotage commissioners and department to consider—Notice.
(1) By October 1, 2028, and no less often than every ten years thereafter, the board of pilotage commissioners and the department must together consider:
(a) The effects of rules established under RCW 88.16.190 and 88.16.260 on vessel traffic patterns and oil spill risks in the Salish Sea. Factors considered must include modeling developed by the department under RCW 88.46.250 and may include: (i) Vessel traffic data; (ii) vessel accident and incident data, such as incidents where tug escorts or an emergency response towing vessel acted to reduce spill risks; and (iii) consultation with the United States coast guard, potentially affected federally recognized Indian treaty fishing tribes, other federally recognized treaty tribes with potentially affected interests, and stakeholders; and
(b) Whether experienced or forecasted changes to vessel traffic patterns or oil spill risk in the Salish Sea necessitate an update to the tug escort rules adopted under RCW 88.16.260.
(2) In the event that the board of pilotage commissioners determines that updates are merited to the rules, the board must notify the appropriate standing committees of the house of representatives and the senate, and must thereafter adopt rules consistent with the requirements of RCW 88.16.260, including the consultation process outlined in RCW 88.16.260(6).
[ 2019 c 289 § 5.]
NOTES:
Finding—Intent—2019 c 289: See note following RCW 88.16.190.
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.46 - Vessel Oil Spill Prevention and Response. › 88.46.921 - Office of marine safety abolished.

RCW 88.46.921
Office of marine safety abolished.
The office of marine safety is hereby abolished and its powers, duties, and functions are hereby transferred to the department of ecology. All references to the administrator or office of marine safety in the Revised Code of Washington shall be construed to mean the director or department of ecology.
[ 1991 c 200 § 430.]
NOTES:
Expiration date—1995 2nd sp.s. c 14 §§ 511-523 and 528-533: See note following RCW 43.19.1919.
Effective dates—1995 2nd sp.s. c 14: See note following RCW 43.19.1919.
Effective date—1991 c 200 §§ 430-436: "Sections 430 through 436 of this act shall take effect July 1, 1997." [(1995 2nd sp.s. c 14 § 521 expired June 30, 1997); 1991 c 200 § 1120.]
2023 Revised Code of Washington › Title 88 - Navigation and Harbor Improvements › Chapter 88.46 - Vessel Oil Spill Prevention and Response. › 88.46.926 - Apportionments of budgeted funds.

RCW 88.46.926
Apportionments of budgeted funds.
If apportionments of budgeted funds are required because of the transfers directed by *RCW 88.46.922 through 88.46.925, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
[ 1991 c 200 § 435.]
NOTES:
*Reviser's note: (1) RCW 88.46.922 was repealed by 2000 c 69 § 37.
(2) RCW 88.46.924 and 88.46.925 were decodified by 2000 c 69 § 36.
Effective date—1991 c 200 §§ 430-436: See note following RCW 88.46.921.
2023 Revised Code of Washington › Title 89 - Reclamation, Soil Conservation, and Land Settlement › RCW Dispositions › 89.04 LAND SETTLEMENT

Sections
89.04.005 Short title.
[1919 c 188 § 1; RRS § 3018.]
Repealed by 1972 ex.s. c 52 § 1.
89.04.010 Declaration of purpose.
[1919 c 188 § 2; RRS § 3019. Formerly RCW 89.04.010 and 89.04.020.]
Repealed by 1972 ex.s. c 52 § 1.
89.04.020 Preamble.
[1919 c 188 § 2, part; RRS § 3019, part.]
Now codified in RCW 89.04.010.
89.04.030 Projects and contracts with United States authorized.
[1919 c 188 § 3; RRS § 3020.]
Repealed by 1972 ex.s. c 52 § 1.
89.04.040 Powers of director as to land settlement.
[1921 c 90 § 1; 1919 c 188 § 4; RRS § 3021. Formerly RCW 89.04.040 through 89.04.060.]
Repealed by 1972 ex.s. c 52 § 1.
89.04.050 Director — Duty to investigate and issue certificate.
[1921 c 90 § 1, part; 1919 c 188 § 4; RRS § 3021, part.]
Now codified in RCW 89.04.040.
89.04.060 Expense.
[1921 c 90 § 1, part; 1919 c 188 § 4; RRS § 3021, part.]
Now codified in RCW 89.04.040.
89.04.070 Investigation of other states — Biennial report.
[1919 c 188 § 7; RRS § 3024.]
Repealed by 1972 ex.s. c 52 § 1.
89.04.080 Soldier preference — Qualifications — Purchase contracts.
[1919 c 188 § 5; RRS § 3022.]
Repealed by 1972 ex.s. c 52 § 1.
89.04.090 Sale of cattle to settlers.
[1923 c 112 § 1; RRS § 3021-1.]
Repealed by 1972 ex.s. c 52 § 1.
89.04.100 Lease or sale — Notice — Terms.
[1923 c 34 § 1; 1919 c 188 § 6; RRS § 3023.]
Repealed by 1972 ex.s. c 52 § 1.
89.04.105 Penalty.
[1921 c 90 § 2; RRS § 3027. Formerly RCW 89.04.120.]
Repealed by 1972 ex.s. c 52 § 1.
89.04.110 Sale of land acquired by state.
[1931 c 67 § 1; RRS § 3024-7. FORMER PART OF SECTION: 1931 c 67 § 2, now codified as RCW 89.04.115.]
Repealed by 1972 ex.s. c 52 § 1.
89.04.115 Sale of land acquired by state — Proceeds.
[1931 c 67 § 2; RRS § 3024-8. Formerly RCW 89.04.110, part.]
Repealed by 1972 ex.s. c 52 § 1.
89.04.120 Penalty.
[1921 c 90 § 2; RRS § 3027.]
Now codified in RCW 89.04.105.
2023 Revised Code of Washington › Title 89 - Reclamation, Soil Conservation, and Land Settlement › RCW Dispositions › 89.08 CONSERVATION DISTRICTS

Sections
89.08.230 through 89.08.330
[1939 c 187 §§ 9, 10, 11, 12; RRS §§ 10726-9, -10, -11, -12.]
Repealed by 1955 c 304 § 29.
89.08.340 Intergovernmental cooperation — Transfer, allocation, of funds.
[1961 c 240 § 14; 1939 c 187 § 14; RRS § 10726-14.]
Repealed by 1973 1st ex.s. c 184 § 29.
89.08.380 Effect of dissolution — Commission substituted.
[1973 1st ex.s. c 184 § 28; 1955 c 304 § 28. Prior: 1939 c 187 § 15, part; RRS § 10726-15, part.]
Repealed by 1999 c 305 § 12.
89.08.600 Water quality trading program-Assessment-Report.
[2014 c 73 § 2.]
Expired June 30, 2018.
89.08.900 Severability-1939 c 187.
[1939 c 187 § 16; RRS § 10726-16.]
Decodified by the code reviser, July 2016.
89.08.901 Severability-1973 1st ex.s. c 184.
[1973 1st ex.s. c 184 § 31.]
Decodified by the code reviser, July 2016.
89.08.902 Severability-1989 c 18.
[1989 c 18 § 3.]
Decodified by the code reviser, July 2016.
2023 Revised Code of Washington › Title 89 - Reclamation, Soil Conservation, and Land Settlement › RCW Dispositions › 89.10 FARMLAND PRESERVATION

Sections
89.10.020 Farmland preservation task force.
[2007 c 352 § 3.]
Expired January 1, 2011.
89.10.900 Captions not law-2007 c 352.
[2007 c 352 § 8.]
Decodified by the code reviser, July 2016.
2023 Revised Code of Washington › Title 89 - Reclamation, Soil Conservation, and Land Settlement › RCW Dispositions › 89.12 RECLAMATION AND IRRIGATION DISTRICTS IN RECLAMATION AREAS

Sections
89.12.070 Fraudulent and unlawful conveyances — Penalties.
[1951 c 200 § 2; 1943 c 275 § 7; Rem. Supp. 1943 § 7525-26.]
Repealed by 1963 c 3 § 4.
89.12.130 Adoption of Columbia Basin project act.
[1951 c 200 § 4; 1943 c 275 § 15; Rem. Supp. 1943 § 7525-34.]
Repealed by 1963 c 3 § 4. Later enactment, see RCW 89.12.131.
89.12.160 Establishment of county road system.
Cross-reference section, decodified September 2011.
2023 Revised Code of Washington › Title 89 - Reclamation, Soil Conservation, and Land Settlement › RCW Dispositions › 89.16 RECLAMATION BY STATE

Sections
89.16.030 Reimbursement of other funds.
[1959 c 104 § 3. Prior: 1919 c 158 § 4, part; RRS § 3007, part.]
Repealed by 1972 ex.s. c 51 § 9.
89.16.090 State cut-over land — Survey and investigation.
[1919 c 158 § 9; RRS § 3012.]
Repealed by 1972 ex.s. c 51 § 9.
89.16.100 State cut-over land — Investigation, consideration — Report.
[1919 c 158 § 10; RRS § 3013.]
Repealed by 1972 ex.s. c 51 § 9.
89.16.110 State cut-over land — Determination to clear — Cost to be added to price — Sale procedure.
[1919 c 158 § 11; RRS § 3014.]
Repealed by 1972 ex.s. c 51 § 9.
89.16.120 Tax levy.
[1933 c 24 § 1; 1931 c 80 § 1; 1929 c 94 § 1; 1927 c 218 § 1; 1925 ex.s. c 151 § 1; 1919 c 158 § 12; RRS § 3015.]
Repealed by 1973 1st ex.s. c 40 § 2.
89.16.130 Severability-1919 c 158.
[1919 c 158 § 14; RRS § 3017.]
Decodified by the code reviser, July 2016.
89.16.131 Severability-1972 ex.s. c 51.
[1972 ex.s. c 51 § 8.]
Decodified by the code reviser, July 2016.
89.16.500 Mt. St. Helens eruption — Exemption from diking and drainage requirements of emergency recovery operations — Expiration of section.
[1989 c 213 § 5; 1985 c 307 § 8; 1983 1st ex.s. c 1 § 5; 1982 c 7 § 6.]
Expired June 30, 1995.
2023 Revised Code of Washington › Title 89 - Reclamation, Soil Conservation, and Land Settlement › RCW Dispositions › 89.30 RECLAMATION DISTRICTS OF ONE MILLION ACRES

Sections
89.30.406 Elections to authorize indebtedness.
[1927 c 254 § 136; RRS § 7402-136. Formerly RCW 89.22.650, part.]
Repealed by 1984 c 186 § 70.
89.30.409 Elections to authorize indebtedness — Notice.
[1927 c 254 § 137; RRS § 7402-137. Formerly RCW 89.22.650, part.]
Repealed by 1984 c 186 § 70.
89.30.415 General obligation bonds — Form.
[1983 c 167 § 251; 1927 c 254 § 139; RRS § 7402-139. Formerly RCW 89.26.210, part.]
Repealed by 1984 c 186 § 70.
89.30.418 General obligation bonds — Date — Interest — Payments.
[1983 c 167 § 252; 1970 ex.s. c 56 § 102; 1969 ex.s. c 232 § 61; 1927 c 254 § 140; RRS § 7402-140. Formerly RCW 89.26.220.]
Repealed by 1984 c 186 § 70.
89.30.421 General obligation bonds — Execution — Facsimile signatures.
[1983 c 167 § 253; 1927 c 254 § 141; RRS § 7402-141. Formerly RCW 89.26.230.]
Repealed by 1984 c 186 § 70.
89.30.424 General obligation bonds — Contents.
[1927 c 254 § 142; RRS § 7402-142. Formerly RCW 89.26.210, part.]
Repealed by 1984 c 186 § 70.
89.30.559 Negotiable coupon bonds of general improvement or divisional district — Registration.
[1927 c 254 § 187; RRS § 7402-187. Formerly RCW 89.26.510.]
Repealed by 1983 c 167 § 270.
89.30.562 Negotiable coupon bonds of general improvement or divisional district — Consideration to be registered.
[1927 c 254 § 188; RRS § 7402-188. Formerly RCW 89.26.550.]
Repealed by 1983 c 167 § 270.
89.30.835 Severability-1927 c 254.
[1927 c 254 § 279; RRS § 7402-279.]
Decodified by the code reviser, July 2016.
2023 Revised Code of Washington › Title 89 - Reclamation, Soil Conservation, and Land Settlement › Chapter 89.08 - Conservation Districts. › 89.08.005 - Short title.

RCW 89.08.005
Short title.
This chapter shall be known and cited as the conservation districts law.
[ 1973 1st ex.s. c 184 § 1; 1961 c 240 § 1; 1939 c 187 § 1; RRS § 10726-1.]
2023 Revised Code of Washington › Title 89 - Reclamation, Soil Conservation, and Land Settlement › Chapter 89.08 - Conservation Districts. › 89.08.030 - Conservation commission.

RCW 89.08.030
Conservation commission.
There is hereby established to serve as an agency of the state and to perform the functions conferred upon it by law, the state conservation commission, which shall succeed to all powers, duties and property of the state soil and water conservation committee.
The commission shall consist of ten members, five of whom are ex officio. Two members shall be appointed by the governor, one of whom shall be a landowner or operator of a farm. At least two of the three elected members shall be landowners or operators of a farm and shall be elected as herein provided. The appointed members shall serve for a term of four years.
The three elected members shall be elected for three-year terms, one shall be elected each year by the district supervisors at their annual statewide meeting. One of the members shall reside in eastern Washington, one in central Washington and one in western Washington, the specific boundaries to be determined by district supervisors. At the first such election, the term of the member from western Washington shall be one year, central Washington two years and eastern Washington three years, and successors shall be elected for three years.
Unexpired term vacancies in the office of appointed commission members shall be filled by appointment by the governor in the same manner as full-term appointments. Unexpired terms of elected commission members shall be filled by the regional vice president of the Washington association of conservation districts who is serving that part of the state where the vacancy occurs, such term to continue only until district supervisors can fill the unexpired term by electing the commission member.
The director of the department of ecology, the director of the department of agriculture, the commissioner of public lands, the president of the Washington association of conservation districts, and the dean of the college of agriculture at Washington State University shall be ex officio members of the commission. An ex officio member of the commission shall hold office so long as he or she retains the office by virtue of which he or she is a member of the commission. Ex officio members may delegate their authority.
The commission may invite appropriate officers of cooperating organizations, state and federal agencies to serve as advisers to the conservation commission.
[ 1987 c 180 § 1; 1983 c 248 § 13; 1973 1st ex.s. c 184 § 4; 1967 c 217 § 1; 1961 c 240 § 3; 1955 c 304 § 3. Prior: 1951 c 216 § 3; 1949 c 106 § 1, part; 1939 c 187 § 4, part; Rem. Supp. 1949 § 10726-4, part.]
2023 Revised Code of Washington › Title 89 - Reclamation, Soil Conservation, and Land Settlement › Chapter 89.08 - Conservation Districts. › 89.08.040 - Members—Compensation and travel expenses—Records, rules, hearings, etc.

RCW 89.08.040
Members—Compensation and travel expenses—Records, rules, hearings, etc.
Members shall be compensated in accordance with RCW 43.03.250 and shall be entitled to travel expenses in accordance with RCW 43.03.050 and 43.03.060 incurred in the discharge of their duties.
The commission shall keep a record of its official actions, shall adopt a seal, which shall be judicially noticed, and may perform such acts, hold such public hearings, and adopt such rules as may be necessary for the execution of its functions under chapter 184, Laws of 1973 1st ex. sess. The state department of ecology is empowered to pay the travel expenses of the elected and appointed members of the state conservation commission, and the salaries, wages and other expenses of such administrative officers or other employees as may be required under the provisions of this chapter.
[ 2009 c 55 § 1; 1984 c 287 § 112; 1975-'76 2nd ex.s. c 34 § 179; 1973 1st ex.s. c 184 § 5; 1961 c 240 § 4; 1955 c 304 § 4. Prior: 1951 c 216 § 4; 1949 c 106 § 1, part; 1939 c 187 § 4, part; Rem. Supp. 1949 § 10726-4, part.]
NOTES:
Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220.
Effective date—Severability—1975-'76 2nd ex.s. c 34: See notes following RCW 2.08.115.
2023 Revised Code of Washington › Title 89 - Reclamation, Soil Conservation, and Land Settlement › Chapter 89.08 - Conservation Districts. › 89.08.050 - Employees—Delegation—Quorum.

RCW 89.08.050
Employees—Delegation—Quorum.
The commission may employ an administrative officer, and such technical experts and such other agents and employees, permanent and temporary as it may require, and shall determine their qualifications, duties, and compensation. The commission may call upon the attorney general for such legal services as it may require.
It shall have authority to delegate to its chair, to one or more of its members, to one or more agents or employees such duties and powers as it deems proper. As long as the commission and the office of financial management under the provisions of chapter 43.82 RCW deems it appropriate and financially justifiable to do so, the commission shall be supplied with suitable office accommodations at the central office of the department of ecology, and shall be furnished the necessary supplies and equipment.
The commission shall organize annually and select a chair from among its members, who shall serve for one year from the date of the chair's selection. A majority of the commission shall constitute a quorum and all actions of the commission shall be by a majority vote of the members present and voting at a meeting at which a quorum is present.
[ 2009 c 55 § 2; 1973 1st ex.s. c 184 § 6; 1961 c 240 § 5; 1955 c 304 § 5. Prior: 1949 c 106 § 1, part; 1939 c 187 § 4, part; Rem. Supp. 1949 § 10726-4, part.]
2023 Revised Code of Washington › Title 89 - Reclamation, Soil Conservation, and Land Settlement › Chapter 89.08 - Conservation Districts. › 89.08.060 - Assistance of other state agencies and institutions.

RCW 89.08.060
Assistance of other state agencies and institutions.
Upon request of the commission, for the purpose of carrying out any of its functions, the supervising officer of any state agency or state institution of learning may, insofar as may be possible under available appropriations and having due regard to the needs of the agency to which the request is directed, assign or detail to the commission, members of the staff or personnel of such agency or institution of learning, and make such special reports, surveys, or studies as the commission may request.
[ 1973 1st ex.s. c 184 § 7; 1955 c 304 § 6. Prior: 1949 c 106 § 1, part; 1939 c 187 § 4, part; Rem. Supp. 1949 § 10726-4, part.]
2023 Revised Code of Washington › Title 89 - Reclamation, Soil Conservation, and Land Settlement › Chapter 89.08 - Conservation Districts. › 89.08.080 - Petition to form district—Contents.

RCW 89.08.080
Petition to form district—Contents.
To form a conservation district, twenty percent of the voters within the area to be affected may file a petition with the commission asking that the area be organized into a district.
The petition shall give the name of the proposed district, state that it is needed in the interest of the public health, safety, and welfare, give a general description of the area proposed to be organized and request that the commission determine that it be created, and that it define the boundaries thereof and call an election on the question of creating the district.
If more than one petition is filed covering parts of the same area, the commission may consolidate all or any of them.
[ 1999 c 305 § 2; 1973 1st ex.s. c 184 § 9; 1961 c 240 § 7; 1961 c 17 § 1. Prior: 1939 c 187 § 5, part; RRS § 10726-5, part.]
2023 Revised Code of Washington › Title 89 - Reclamation, Soil Conservation, and Land Settlement › Chapter 89.08 - Conservation Districts. › 89.08.090 - Notice of hearing—Hearing.

RCW 89.08.090
Notice of hearing—Hearing.
Within thirty days after a petition is filed, the commission shall give due notice of the time and place of a public hearing thereon. At the hearing all interested persons shall be heard.
If it appears to the commission that additional land should be included in the district, the hearing shall be adjourned and a new notice given covering the entire area and a new date fixed for further hearing, unless waiver of notice by the owners of the additional land is filed with the commission.
No district shall include any portion of a railroad right-of-way, or another similar district. The lands included in a district need not be contiguous.
[ 1973 1st ex.s. c 184 § 10; 1955 c 304 § 9. Prior: 1939 c 187 § 5, part; RRS § 10726-5, part.]
2023 Revised Code of Washington › Title 89 - Reclamation, Soil Conservation, and Land Settlement › Chapter 89.08 - Conservation Districts. › 89.08.100 - Findings—Order.

RCW 89.08.100
Findings—Order.
After the hearing, if the commission finds that the public health, safety, and welfare warrant the creation of the district, it shall enter an order to that effect and define the boundaries thereof by metes and bounds or by legal subdivisions.
In making its findings the commission shall consider the topography of the particular area and of the state generally; the composition of the soil; the distribution of erosion; the prevailing land use practices; the effects upon and benefits to the land proposed to be included; the relation of the area to existing watersheds and agricultural regions and to other similar districts organized or proposed; and consider such other physical, geographical, and economic factors as are relevant.
If the commission finds there is no need for the district, it shall enter an order denying the petition, and no petition covering the same or substantially the same area may be filed within six months thereafter.
[ 1973 1st ex.s. c 184 § 11; 1955 c 304 § 10. Prior: 1939 c 187 § 5, part; RRS § 10726-5, part.]