title: RCW 43.21G.020

text:
As used in this chapter:
(1) "Energy supply facility" means a facility which produces, extracts, converts, transports, or stores energy.
(2) "Energy" means any of the following, individually or in combination: Petroleum fuels; other liquid fuels; natural or synthetic fuel gas; solid carbonaceous fuels; fissionable nuclear material, or electricity.
(3) "Person" means an individual, partnership, joint venture, private or public corporation, association, firm, public service company, political subdivision, municipal corporation, government agency, public utility district, joint operating agency or any other entity, public or private, however organized.
(4) "Committee" means the *joint committee on energy and utilities created by RCW 44.39.010 as now or hereafter amended.
(5) "Distributor" means any person, private corporation, partnership, individual proprietorship, utility, including investor-owned utilities, joint operating agencies, municipal utility, public utility district, or cooperative, which engages in or is authorized to engage in the activity of generating, transmitting, or distributing energy in this state.
(6) "Regulated distributor" means a public service company as defined in chapter 80.04 RCW which engages in or is authorized to engage in the activity of generating, transmitting, or distributing energy in this state.
(7) "Energy supply alert" means a situation which threatens to disrupt or diminish the supply of energy to the extent that the public health, safety, and general welfare may be jeopardized.
(8) "Energy emergency" means a situation in which the unavailability or disruption of the supply of energy poses a clear and foreseeable danger to the public health, safety, and general welfare.
(9) "State or local governmental agency" means any county, city, town, municipal corporation, political subdivision of the state, or state agency.
[ 1977 ex.s. c 328 s 2; 1975-'76 2nd ex.s. c 108 s 16.]
Notes:
*Reviser's note: The "joint committee on energy and utilities" was changed to the "joint committee on energy supply" by 2001 c 214 s 30. The "joint committee on energy supply" was changed to the "joint committee on energy supply and energy conservation" by 2005 c 299 s 1.
Severability—1977 ex.s. c 328: See note following RCW 43.21G.010.


doc_type: statute

jurisdiction: wa

title: RCW 43.21G.030

text:
It is the intent of the legislature that the governor shall, in developing plans for the production, allocation, and consumption of energy, give high priority to supplying vital public services including, but not limited to, essential governmental operations, public health and safety functions, emergency services, public mass transportation systems, fish production, food production and processing facilities, including the provision of water to irrigated agriculture, and energy supply facilities, during a condition of energy supply alert or energy emergency. In developing any such plans, provisions should be made for the equitable distribution of energy among the geographic areas of the state.
It is further the intent of the legislature that the governor shall, to the extent possible, encourage and rely upon voluntary programs and local and regional programs for the production, allocation, and consumption of energy and that involvement of energy users and producers be secured in implementing such programs.
[ 1977 ex.s. c 328 s 3; 1975-'76 2nd ex.s. c 108 s 17.]
Notes:
Severability—1977 ex.s. c 328: See note following RCW 43.21G.010.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Intent in developing energy production, allocation, and consumption programs.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 43.21G.040

text:
(1) The governor may subject to the definitions and limitations provided in this chapter:
(a) Upon finding that an energy supply alert exists within this state or any part thereof, declare a condition of energy supply alert; or
(b) Upon finding that an energy emergency exists within this state or any part thereof, declare a condition of energy emergency. A condition of energy emergency shall terminate thirty consecutive days after the declaration of such condition if the legislature is not in session at the time of such declaration and if the governor fails to convene the legislature pursuant to Article III, section 7 of the Constitution of the state of Washington within thirty consecutive days of such declaration. If the legislature is in session or convened, in accordance with this subsection, the duration of the condition of energy emergency shall be limited in accordance with subsection (3) of this section.
Upon the declaration of a condition of energy supply alert or energy emergency, the governor shall present to the committee any proposed plans for programs, controls, standards, and priorities for the production, allocation, and consumption of energy during any current or anticipated condition of energy emergency, any proposed plans for the suspension or modification of existing rules of the Washington Administrative Code, and any other relevant matters the governor deems desirable. The governor shall review any recommendations of the committee concerning such plans and matters.
Upon the declaration of a condition of energy supply alert or energy emergency, the emergency powers as set forth in this chapter shall become effective only within the area described in the declaration.
(2) A condition of energy supply alert shall terminate ninety consecutive days after the declaration of such condition unless:
(a) Extended by the governor upon issuing a finding that the energy supply alert continues to exist, and with prior approval of such an extension by the committee; or
(b) Extended by the governor based on a declaration by the president of the United States of a national state of emergency in regard to energy supply; or
(c) Upon the request of the governor, extended by declaration of the legislature by concurrent resolution of a continuing energy supply alert.
An initial extension of an energy supply alert approved and implemented under this subsection shall be for a specified period of time not to exceed ninety consecutive days after the expiration of the original declaration. Any subsequent extensions shall be for a specified period of time not to exceed one hundred twenty consecutive days after the expiration of the previous extension.
(3) A condition of energy emergency shall terminate forty-five consecutive days after the declaration of such condition unless:
(a) Extended by the governor upon issuing a finding that the energy emergency continues to exist, and with prior approval of such an extension by the committee; or
(b) Extended by the governor based on a declaration by the president of the United States of a national state of emergency in regard to energy supply; or
(c) Upon the request of the governor, extended by declaration of the legislature by concurrent resolution of a continuing energy emergency.
An initial extension of an energy emergency approved and implemented under this subsection shall be for a specified period of time not to exceed forty-five consecutive days after the expiration of the original declaration. Any subsequent extensions shall be for a specified period of time not to exceed sixty consecutive days after the expiration of the previous extension.
(4) A condition of energy supply alert or energy emergency shall cease to exist upon a declaration to that effect by either of the following: (a) The governor; or (b) the legislature, by concurrent resolution, if in regular or special session: PROVIDED, That the governor shall terminate a condition of energy supply alert or energy emergency when the energy supply situation upon which the declaration of a condition of energy supply alert or energy emergency was based no longer exists.
(5) In a condition of energy supply alert, the governor may, as deemed necessary to preserve and protect the public health, safety, and general welfare, and to minimize, to the fullest extent possible, the injurious economic, social, and environmental consequences of such energy supply alert, issue orders to: (a) Suspend or modify existing rules of the Washington Administrative Code of any state agency relating to the consumption of energy by such agency or to the production of energy, and (b) direct any state or local governmental agency to implement programs relating to the consumption of energy by the agency which have been developed by the governor or the agency and reviewed by the committee.
(6) In addition to the powers in subsection (5) of this section, in a condition of energy emergency, the governor may, as deemed necessary to preserve and protect the public health, safety, and general welfare, and to minimize, to the fullest extent possible, the injurious economic, social, and environmental consequences of such an emergency, issue orders to: (a) Implement programs, controls, standards, and priorities for the production, allocation, and consumption of energy; (b) suspend and modify existing pollution control standards and requirements or any other standards or requirements affecting or affected by the use of energy, including those relating to air or water quality control; and (c) establish and implement regional programs and agreements for the purposes of coordinating the energy programs and actions of the state with those of the federal government and of other states and localities.
(7) The governor shall make a reasonable, good faith effort to provide the committee with notice when the governor is considering declaring a condition of energy supply alert or energy emergency. The governor shall immediately transmit the declaration of a condition of energy supply alert or energy emergency and the findings upon which the declaration is based and any orders issued under the powers granted in this chapter to the committee. The governor shall provide the committee with at least fourteen days' notice when requesting an extension of a condition of energy supply alert or energy emergency, unless such notice is waived by the committee.
(8) Nothing in this chapter shall be construed to mean that any program, control, standard, priority or other policy created under the authority of the emergency powers authorized by this chapter shall have any continuing legal effect after the cessation of the condition of energy supply alert or energy emergency.
(9) If any provision of this chapter is in conflict with any other provision, limitation, or restriction which is now in effect under any other law of this state, including, but not limited to, chapter 34.05 RCW, this chapter shall govern and control, and such other law or rule issued thereunder shall be deemed superseded for the purposes of this chapter.
(10) Because of the emergency nature of this chapter, all actions authorized or required hereunder, or taken pursuant to any order issued by the governor, shall be exempted from any and all requirements and provisions of the state environmental policy act of 1971, chapter 43.21C RCW, including, but not limited to, the requirement for environmental impact statements.
(11) Except as provided in this section nothing in this chapter shall exempt a person from compliance with the provisions of any other law, rule, or directive unless specifically ordered by the governor.
[ 2002 c 192 s 2; 1987 c 505 s 83; 1985 c 308 s 1; 1981 c 281 s 1; 1980 c 87 s 23; 1979 ex.s. c 158 s 1; 1977 ex.s. c 328 s 4; 1975-'76 2nd ex.s. c 108 s 18.]
Notes:
Effective date—1985 c 308: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect June 29, 1985." [ 1985 c 308 s 2.]
Severability—1981 c 281: "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." [ 1981 c 281 s 3.]
Severability—1977 ex.s. c 328: See note following RCW 43.21G.010.

catchline: Governor's energy emergency powers—Energy supply alert—Construction of chapter.


title: RCW 43.21G.050

text:
To protect the public welfare during a condition of energy supply alert or energy emergency, the executive authority of each state or local governmental agency is hereby authorized and directed to take action to carry out the orders issued by the governor pursuant to this chapter as now or hereafter amended. A local governmental agency shall not be liable for any lawful actions consistent with RCW 43.21G.030 as now or hereafter amended taken in good faith in accordance with such orders issued by the governor.
[ 1981 c 281 s 2; 1977 ex.s. c 328 s 5; 1975-'76 2nd ex.s. c 108 s 19.]
Notes:
Severability—1981 c 281: See note following RCW 43.21G.040.
Severability—1977 ex.s. c 328: See note following RCW 43.21G.010.

catchline: Duty of executive authority of state and local governmental agencies to carry out supply alert or emergency measures—Liability for actions.


title: RCW 43.21G.060

text:
In order to attain uniformity, as far as is practicable throughout the United States, in measures taken to aid in energy crisis management, all action taken under this chapter as now or hereafter amended, and all orders and rules made pursuant hereto, shall be taken or made with due consideration for and consistent when practicable with the orders, rules, regulations, actions, recommendations, and requests of federal authorities.
[ 1977 ex.s. c 328 s 6; 1975-'76 2nd ex.s. c 108 s 20.]
Notes:
Severability—1977 ex.s. c 328: See note following RCW 43.21G.010.

catchline: Consideration of actions, orders, etc., of federal authorities.


title: RCW 43.21G.070

text:
Notwithstanding any provision of law or contract to the contrary, all persons who are affected by an order issued or action taken pursuant to this chapter as now or hereafter amended shall comply therewith immediately.
[ 1977 ex.s. c 328 s 7; 1975-'76 2nd ex.s. c 108 s 21.]
Notes:
Severability—1977 ex.s. c 328: See note following RCW 43.21G.010.

catchline: Compliance by affected persons.


title: RCW 43.21G.080

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

catchline: Compliance by distributors—Fair and just reimbursement.


title: RCW 43.21G.090

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

catchline: Petition for exception or modification—Appeals.


title: RCW 43.21G.100

text:
Any person wilfully violating any provision of an order issued by the governor pursuant to this chapter shall be guilty of a gross misdemeanor.
[1975-'76 2nd ex.s. c 108 s 24.]

catchline: Penalty.


title: RCW 43.21G.900

text: See notes following RCW 43.21F.010.

catchline: Severability—Effective date—1975-'76 2nd ex.s. c 108.


title: RCW 43.21H.010

text:
The purpose of this chapter is to assert that it is the intent of the legislature that economic values are given appropriate consideration along with environmental, social, health, and safety considerations in the promulgation of rules by state and local government.
[1975-'76 2nd ex.s. c 117 s 1.]

catchline: Purpose.


title: RCW 43.21H.020

text:
The legislature finds that agency and local government decisions can have negative economic consequences for businesses, particularly small businesses, as well as for employees of those businesses. All state agencies and local government entities with rule-making authority under state law or local ordinance must adopt methods and procedures which will insure that economic impacts and values will be given appropriate consideration in the rule-making process along with environmental, social, health, and safety considerations.
[ 2011 c 249 s 1; 1975-'76 2nd ex.s. c 117 s 2.]

catchline: State and local authorities to insure that economic impacts and values be given appropriate consideration in rule-making process.


title: RCW 43.21H.030

text:
Nothing in this chapter shall in any way affect the specific statutory obligations of any agency:
(1) To comply with environmental, social, health, safety, or other standards prescribed by law;
(2) To coordinate or consult with any other public agency; or
(3) To act, or refrain from acting, where required by law, upon the recommendations or certification of another public agency.
[1975-'76 2nd ex.s. c 117 s 3.]

catchline: Statutory obligations of agencies not affected.


title: RCW 43.21I.010

text:
(1) There is hereby created within the department of ecology an oil spill prevention program. For the program, the department shall be vested with all powers and duties transferred to it from the *office of marine safety and such other powers and duties as may be authorized by law. The main administrative office for the program shall be located in the city of Olympia. The director may establish administrative facilities in other locations, if deemed necessary for the efficient operation of the program, and if consistent with the principles set forth in subsection (2) of this section.
(2) The oil spill prevention program shall be organized consistent with the goals of providing state government with a focus in marine transportation and serving the people of this state. The legislature recognizes that the director needs sufficient organizational flexibility to carry out the program's various duties. To the extent practical, the director shall consider the following organizational principles:
(a) Clear lines of authority which avoid functional duplication within and between subelements of the program;
(b) A clear and simplified organizational design promoting accessibility, responsiveness, and accountability to the legislature, the consumer, and the general public; and
(c) Maximum span of control without jeopardizing adequate supervision.
(3) The department, through the program, shall provide leadership and coordination in identifying and resolving threats to the safety of marine transportation and the impact of marine transportation on the environment:
(a) Working with other state agencies and local governments to strengthen the state and local governmental partnership in providing public protection;
(b) Providing expert advice to the executive and legislative branches of state government;
(c) Providing active and fair enforcement of rules;
(d) Working with other federal, state, and local agencies and facilitating their involvement in planning and implementing marine safety measures;
(e) Providing information to the public; and
(f) Carrying out such other related actions as may be appropriate to this purpose.
(4) In accordance with the administrative procedure act, chapter 34.05 RCW, the department shall ensure an opportunity for consultation, review, and comment before the adoption of standards, guidelines, and rules.
(5) Consistent with the principles set forth in subsection (2) of this section, the director may create such administrative divisions, offices, bureaus, and programs within the program as the director deems necessary. The director shall have complete charge of and supervisory powers over the program, except where the director's authority is specifically limited by law.
(6) The director shall appoint such personnel as are necessary to carry out the duties of the program. In addition to exemptions set forth in RCW 41.06.070, up to four professional staff members shall be exempt from the provisions of chapter 41.06 RCW. All other employees of the program shall be subject to the provisions of chapter 41.06 RCW.
(7) The definitions in this section apply throughout this chapter.
(a) "Department" means the department of ecology.
(b) "Director" means the director of the department.
[ 2000 c 69 s 27; 1992 c 73 s 4; (1995 2nd sp.s. c 14 s 515 expired June 30, 1997); 1991 c 200 s 402. Formerly RCW 43.21A.710.]
Notes:
*Reviser's note: The office of marine safety was abolished and its powers, duties, and functions transferred to the department of ecology by 1991 c 200 s 430, effective July 1, 1997.
Expiration date—1995 2nd sp.s. c 14 ss 511-523, 528-533: See note following RCW 43.19.1919.
Effective dates—1995 2nd sp.s. c 14: See note following RCW 43.19.1919.
Severability—1995 2nd sp.s. c 14: See note following RCW 43.19.1919.
Effective dates—1992 c 73: See RCW 82.23B.902.
Effective dates—1991 c 200: See RCW 90.56.901.

catchline: Program created—Powers and duties—Definitions.


title: RCW 43.21I.030

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

catchline: Director's powers.


title: RCW 43.21I.040

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

catchline: Authority to administer oaths and issue subpoenas.


title: RCW 43.21J.005

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

catchline: Legislative findings.


title: RCW 43.21J.010

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

catchline: Intent—Purpose—Definitions.


title: RCW 43.21J.030

text:
(1) There is created the environmental enhancement and job creation task force within the office of the governor. The purpose of the task force is to provide a coordinated and comprehensive approach to implementation of chapter 516, Laws of 1993. The task force shall consist of the commissioner of public lands, the director of the department of fish and wildlife, the director of the department of ecology, the director of the parks and recreation commission, the timber team coordinator, the executive director of the workforce training and education coordinating board, and the executive director of the Puget Sound partnership, or their designees. The task force may seek the advice of the following agencies and organizations: The department of commerce, the conservation commission, the employment security department, the recreation and conservation office, appropriate federal agencies, appropriate special districts, the Washington state association of counties, the association of Washington cities, labor organizations, business organizations, timber-dependent communities, environmental organizations, and Indian tribes. The governor shall appoint the task force chair. Members of the task force shall serve without additional pay. Participation in the work of the committee by agency members shall be considered in performance of their employment. The governor shall designate staff and administrative support to the task force and shall solicit the participation of agency personnel to assist the task force.
(2) The task force shall have the following responsibilities:
(a) Soliciting and evaluating, in accordance with the criteria set forth in RCW 43.21J.040, requests for funds from the *environmental and forest restoration account and making distributions from the account. The task force shall award funds for projects and training programs it approves and may allocate the funds to state agencies for disbursement and contract administration;
(b) Coordinating a process to assist state agencies and local governments to implement effective environmental and forest restoration projects funded under this chapter;
(c) Considering unemployment profile data provided by the employment security department.
(3) Beginning July 1, 1994, the task force shall have the following responsibilities:
(a) To solicit and evaluate proposals from state and local agencies, private nonprofit organizations, and tribes for environmental and forest restoration projects;
(b) To rank the proposals based on criteria developed by the task force in accordance with RCW 43.21J.040; and
(c) To determine funding allocations for projects to be funded from the account created in *RCW 43.21J.020 and for projects or programs as designated in the omnibus operating and capital appropriations acts.
[ 2023 c 470 s 2039. Prior: 2007 c 341 s 62; 2007 c 241 s 4; 1998 c 245 s 60; 1994 c 264 s 17; 1993 c 516 s 5.]
Notes:
*Reviser's note: The "environmental and forest restoration account" created in RCW 43.21J.020 was repealed by 2000 c 150 s 2.
Explanatory statement—2023 c 470: See note following RCW 10.99.030.
Intent—Effective date—2007 c 241: See notes following RCW 79A.25.005.

catchline: Environmental enhancement and job creation task force.


title: RCW 43.21J.040

text:
(1) Subject to the limitations of *RCW 43.21J.020, the task force shall award funds from the *environmental and forest restoration account on a competitive basis. The task force shall evaluate and rate environmental enhancement and restoration project proposals using the following criteria:
(a) The ability of the project to produce measurable improvements in water and habitat quality;
(b) The cost-effectiveness of the project based on: (i) Projected costs and benefits of the project; (ii) past costs and environmental benefits of similar projects; and (iii) the ability of the project to achieve cost efficiencies through its design to meet multiple policy objectives;
(c) The inclusion of the project as a high priority in a federal, state, tribal, or local government plan relating to environmental or forest restoration, including but not limited to a local watershed action plan, stormwater management plan, capital facility plan, growth management plan, or a flood control plan; or the ranking of the project by conservation districts as a high priority for water quality and habitat improvements;
(d) The number of jobs to be created by the project for dislocated forest products workers, high-risk youth, and residents of impact areas;
(e) Participation in the project by environmental businesses to provide training, cosponsor projects, and employ or jointly employ project participants;
(f) The ease with which the project can be administered from the community the project serves;
(g) The extent to which the project will either augment existing efforts by organizations and governmental entities involved in environmental and forest restoration in the community or receive matching funds, resources, or in-kind contributions; and
(h) The capacity of the project to produce jobs and job-related training that will pay market rate wages and impart marketable skills to workers hired under this chapter.
(2) The following types of projects and programs shall be given top priority in the first fiscal year after July 1, 1993:
(a) Projects that are highly ranked in and implement adopted or approved watershed action plans, such as those developed pursuant to rules adopted by the agency then known as the **Puget Sound water quality authority for local planning and management of nonpoint source pollution;
(b) Conservation district projects that provide water quality and habitat improvements;
(c) Indian tribe projects that provide water quality and habitat improvements; or
(d) Projects that implement actions approved by a shellfish protection district under chapter 100, Laws of 1992.
(3) Funds shall not be awarded for the following activities:
(a) Administrative rule making;
(b) Planning; or
(c) Public education.
[ 2007 c 341 s 63; 1993 c 516 s 4.]
Notes:
Reviser's note: *(1) The "environmental and forest restoration account" was created in RCW 43.21J.020 which was repealed by 2000 c 150 s 2, effective July 1, 2001.
**(2) The Puget Sound water quality authority and its powers and duties, pursuant to the Sunset Act, chapter 43.131 RCW, were terminated June 30, 1995, and repealed June 30, 1996. See 1990 c 115 ss 11 and 12. Powers, duties, and functions of the Puget Sound water quality authority pertaining to cleanup and protection of Puget Sound transferred to the Puget Sound action team by 1996 c 138 s 11. See RCW 90.71.903. For later enactment regarding the Puget Sound partnership, see chapter 90.71 RCW.
Effective date—2007 c 341: See RCW 90.71.907.

catchline: Environmental enhancement and restoration project proposals—Evaluation—Award of funds.


title: RCW 43.21J.050

text:
(1) Eligibility for training or employment in projects funded through the *environmental and forest restoration account shall, to the extent practicable, be for workers who are currently unemployed.
(2) To the greatest extent practicable, the following groups of individuals shall be given preference for training or employment in projects funded through the *environmental and forest restoration account:
(a) Dislocated workers who are receiving unemployment benefits or have exhausted unemployment benefits; and
(b) High-risk youth.
(3) Projects funded for forest restoration shall be for workers whose employment was terminated in the Washington forest products industry within the previous four years.
(4) The task force shall submit a list to private industry councils and the employment security department of projects receiving funds under the provisions of this chapter. The list shall include the number, location, and types of jobs expected to be provided by each project. The employment security department shall recruit workers for these jobs by:
(a) Notifying dislocated forest workers who meet the definitions in chapter 50.70 RCW, who are receiving unemployment benefits or who have exhausted unemployment benefits, of their eligibility for the programs;
(b) Notifying other unemployed workers;
(c) Developing a pool of unemployed workers including high-risk youth eligible to enroll in the program; and
(d) Establishing procedures for workers to apply to the programs.
(5) The employment security department shall refer eligible workers to employers hiring under the *environmental and forest restoration account programs. Recipients of funds shall consider the list of eligible workers developed by the employment security department before conducting interviews or making hiring decisions. Recipients of funds shall ensure that workers are aware of whatever opportunities for vocational training, job placement, and remedial education are available from the employment security department.
(6) An individual is eligible for applicable employment security benefits while participating in training related to this chapter. Eligibility shall be confirmed by the commissioner of employment security by submitting a commissioner-approved training waiver.
(7) Persons receiving funds from the *environmental and forest restoration account shall not be considered state employees for the purposes of existing provisions of law with respect to hours of work, sick leave, vacation, and civil service but shall receive health benefits. Persons receiving funds from this account who are hired by a state agency, except for Washington conservation and service corps enrollees, shall receive medical and dental benefits as provided under chapter 41.05 RCW and industrial insurance coverage under Title 51 RCW, but are exempt from the provisions of chapter 41.06 RCW.
(8) Compensation for employees, except for Washington conservation and service corps enrollees, hired under the program established by this chapter shall be based on market rates in accordance with the required skill and complexity of the jobs created. Remuneration paid to employees under this chapter shall be considered covered employment for purposes of chapter 50.04 RCW.
(9) Employment under this program shall not result in the displacement or partial displacement, whether by the reduction of hours of nonovertime work, wages, or other employment benefits, of currently employed workers, including but not limited to state civil service employees, or of currently or normally contracted services.
[ 1993 c 516 s 8.]
Notes:
*Reviser's note: The "environmental and forest restoration account" was created in RCW 43.21J.020 which was repealed by 2000 c 150 s 2, effective July 1, 2001.

catchline: Training or employment.


title: RCW 43.21J.060

text:
An individual shall be considered to be in training with the approval of the commissioner as defined in RCW 50.20.043, and be eligible for applicable unemployment insurance benefits while participating in and making satisfactory progress in training related to this chapter.
[ 1993 c 516 s 9.]


title: RCW 43.21J.070

text:
For the purpose of providing the protection of the unemployment compensation system to individuals at the conclusion of training or employment obtained as a result of this chapter, a special base year and benefit year are established.
(1) Only individuals who have entered training or employment provided by the *environmental and forest restoration account, and whose employment or training under such account was not considered covered under chapter 50.04 RCW, shall be allowed the special benefit provisions of this chapter.
(2) An application for initial determination made under this chapter must be filed in writing with the employment security department within twenty-six weeks following the week in which the individual commenced employment or training obtained as a result of this chapter. Notice from the individual, from the employing entity, or notice of hire from employment security department administrative records shall satisfy this requirement.
(3) For the purpose of this chapter, a special base year is established for an individual consisting of the first four of the last five completed calendar quarters, or if a benefit year is not established using the first four of the last five completed calendar quarters as the base year, the last four completed calendar quarters immediately prior to the first day of the calendar week in which the individual began employment or training provided by the *environmental and forest restoration account.
(4) A special individual benefit year is established consisting of the entire period of training or employment provided by the *environmental and forest restoration account and a fifty-two consecutive week period commencing with the first day of the calendar week in which the individual last participated in such employment or training. No special benefit year shall have a duration in excess of three hundred twelve calendar weeks. Such special benefit year will not be established unless the criteria contained in RCW 50.04.030 has been met, except that an individual meeting the requirements of this chapter and who has an unexpired benefit year established which would overlap the special benefit year may elect to establish a special benefit year under this chapter, notwithstanding the provisions in RCW 50.04.030 relating to establishment of a subsequent benefit year, and RCW 50.40.010 relating to waiver of rights. Such unexpired benefit year shall be terminated with the beginning of the special benefit year if the individual elects to establish a special benefit year under this chapter.
(5) The individual's weekly benefit amount and maximum amount payable during the special benefit year shall be governed by the provisions contained in RCW 50.20.120. The individual's basic and continuing right to benefits shall be governed by the general laws and rules relating to the payment of unemployment compensation benefits to the extent that they are not in conflict with the provisions of this chapter.
(6) The fact that wages, hours, or weeks worked during the special base year may have been used in computation of a prior valid claim for unemployment compensation shall not affect a claim for benefits made under the provisions of this chapter. However, wages, hours, and weeks worked used in computing entitlement on a claim filed under this chapter shall not be available or used for establishing entitlement or amount of benefits in any succeeding benefit year.
(7) Benefits paid to an individual filing under the provisions of this section shall not be charged to the experience rating account of any contribution paying employer.
[ 1993 c 516 s 10.]
Notes:
*Reviser's note: The "environmental and forest restoration account" was created in RCW 43.21J.020 which was repealed by 2000 c 150 s 2, effective July 1, 2001.

catchline: Unemployment compensation benefits—Special base year and benefit year.


title: RCW 43.21J.800

text:
On or before June 30, 1998, the joint legislative audit and review committee shall prepare a report to the legislature evaluating the implementation of the environmental restoration jobs act of 1993, chapter 516, Laws of 1993.
[ 1996 c 288 s 36; 1993 c 516 s 11.]

catchline: Joint legislative audit and review committee report.


title: RCW 43.21J.900

text:
This act shall be known as the environmental restoration jobs act of 1993.
[ 1993 c 516 s 15.]

catchline: Short title—1993 c 516.


title: RCW 43.21J.901

text:
Section captions and part headings as used in this act constitute no part of the law.
[ 1993 c 516 s 16.]

catchline: Section captions and part headings—1993 c 516.


title: RCW 43.21J.903

text:
If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state or the eligibility of employers in this state for federal unemployment tax credits, the conflicting part of this act is hereby declared to be inoperative solely to the extent of the conflict, and such finding or determination shall not affect the operation of the remainder of this act. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state or the granting of federal unemployment tax credits to employers in this state.
[ 1993 c 516 s 19.]

catchline: Conflict with federal requirements—1993 c 516.


title: RCW 43.21J.904

text:
This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993.
[ 1993 c 516 s 20.]

catchline: Effective date—1993 c 516.


title: RCW 43.21K.005

text:
The purpose of chapter 381, Laws of 1997 is to create a voluntary program authorizing environmental excellence program agreements with persons regulated under the environmental laws of the state of Washington, and to direct agencies of the state of Washington to solicit and support the development of agreements that use innovative environmental measures or strategies to achieve environmental results more effectively or efficiently.
Agencies shall encourage environmental excellence program agreements that favor or promote pollution prevention, source reduction, or improvements in practices that are transferable to other interested entities or that can achieve better overall environmental results than required by otherwise applicable rules and requirements.
In enacting chapter 381, Laws of 1997 it is not the intent of the legislature that state environmental standards be applied in a manner that could result in these state standards being waived under section 121 of the federal comprehensive environmental response, compensation, and liability act (42 U.S.C. Sec. 9261 [9621]).
[ 1997 c 381 s 1.]

catchline: Purpose—1997 c 381.


title: RCW 43.21K.010

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

catchline: Definitions.


title: RCW 43.21K.020

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

catchline: Agreements—Environmental results.


title: RCW 43.21K.030

text:
(1) The director of a state, regional, or local agency may enter into an environmental excellence program agreement with any sponsor, even if one or more of the terms of the environmental excellence program agreement would be inconsistent with an otherwise applicable legal requirement. An environmental excellence program agreement must meet the requirements of RCW 43.21K.020. Otherwise applicable legal requirements identified according to RCW 43.21K.060(1) shall be superseded and replaced in accordance with RCW 43.21K.080.
(2) The director of a state, regional, or local agency may enter into an environmental excellence program agreement only to the extent the state, regional, or local agency has jurisdiction to administer state environmental laws either directly or indirectly through the adoption of rules.
(3) Where a sponsor proposes an environmental excellence program agreement that would affect legal requirements applicable to the covered facility that are administered by more than one state, regional, or local agency, the coordinating agency shall take the lead in developing the environmental excellence program agreement with the sponsor and other agencies administering legal requirements applicable to the covered facility and affected by the agreement. The environmental excellence program agreement does not become effective until the agreement is approved by the director of each agency administering legal requirements identified according to RCW 43.21K.060(1).
(4) No director may enter into an environmental excellence program agreement applicable to a remedial action conducted under the Washington model toxics control act, chapter 70A.305 RCW, or the federal comprehensive environmental response, compensation and liability act (42 U.S.C. Sec. 9601 et seq.). No action taken under this chapter shall be deemed a waiver of any applicable, relevant, or appropriate requirements for any remedial action conducted under the Washington model toxics control act or the federal comprehensive environmental response, compensation and liability act.
(5) The directors of state, regional, or local agencies shall not enter into an environmental excellence program agreement or a modification of an environmental excellence program agreement containing terms affecting legal requirements adopted to comply with provisions of a federal regulatory program and to which the responsible federal agency objects after notice under the terms of RCW 43.21K.070(4).
(6) The directors of regional or local governments may not enter into an environmental excellence program agreement or a modification of an environmental excellence program agreement containing terms affecting legal requirements that are subject to review or appeal by a state agency, including but not limited to chapters 70A.15, 70A.205, and 90.58 RCW, and to which the responsible state agency objects after notice is given under the terms of RCW 43.21K.070(4).
[ 2021 c 65 s 41; 1997 c 381 s 4.]
Notes:
Explanatory statement—2021 c 65: See note following RCW 53.54.030.

catchline: Authority for agreements—Restrictions.


title: RCW 43.21K.040

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

catchline: Proposals for agreements.


title: RCW 43.21K.050

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

catchline: Stakeholder participation.


title: RCW 43.21K.060

text:
An environmental excellence program agreement must contain the following terms and conditions:
(1) An identification of all legal requirements that are superseded or replaced by the environmental excellence program agreement;
(2) A description of all legal requirements that are enforceable as provided in RCW 43.21K.110(1) that are different from those legal requirements applicable in the absence of the environmental excellence program agreement;
(3) A description of the voluntary goals that are or will be pursued by the sponsor;
(4) A statement describing how the environmental excellence program agreement will achieve the purposes of this chapter;
(5) A statement describing how the environmental excellence program agreement will be implemented, including a list of steps and an implementation schedule;
(6) A statement that the proposed environmental excellence program agreement will not increase overall worker safety risks or cause an unjust or disproportionate and inequitable distribution of environmental risks among diverse economic and cultural communities;
(7) A summary of the stakeholder process that was followed in the development of the environmental excellence program agreement;
(8) A statement describing how any participating facility shall measure and demonstrate its compliance with the environmental excellence program agreement including, without limitation, a description of the methods to be used to monitor performance, criteria that represent acceptable performance, and the method of reporting performance to the public and local communities. The facility's compliance with the agreement must be independently verifiable;
(9) A description of and plan for public participation in the implementation of the environmental excellence program agreement and for public access to information needed to assess the benefits of the environmental excellence program agreement and the sponsor's compliance with the environmental excellence program agreement;
(10) A schedule of periodic performance review of the environmental excellence program agreement by the directors that signed the agreement;
(11) Provisions for voluntary and involuntary termination of the agreement;
(12) The duration of the environmental excellence program agreement and provisions for renewal;
(13) Statements approving the environmental excellence program agreement made by the sponsor and by or on behalf of directors of each state, regional, or local agency administering legal requirements that are identified according to subsection (1) of this section;
(14) Additional terms as requested by the directors signing the environmental excellence program agreement and consistent with this chapter;
(15) Draft permits or permit modifications as needed to implement the environmental excellence program agreement;
(16) With respect to a programmatic environmental excellence program agreement, a statement of the method with which to identify and document the specific commitments to be made by individual participants.
[ 1997 c 381 s 7.]

catchline: Terms and conditions of agreements.


title: RCW 43.21K.070

text:
(1) The coordinating agency shall provide at least thirty days after notice has been published in a newspaper under subsection (2) of this section for public comment on a proposal to enter into or modify an environmental excellence program agreement. The coordinating agency may provide for an additional period of public comment if required by the complexity of the proposed environmental excellence program agreement and the degree of public interest. Before the start of the comment period, the coordinating agency shall prepare a proposed agreement, a public notice and a fact sheet. The fact sheet shall: (a) Briefly describe the principal facts and the significant factual, legal, methodological and policy questions considered by the directors signing the agreement, and the directors' proposed decisions; and (b) briefly describe how the proposed action meets the requirements of RCW 43.21K.020.
(2) The coordinating agency shall publish notice of the proposed agreement in the Washington State Register and in a newspaper of general circulation in the vicinity of the facility or facilities covered by the proposed environmental excellence program agreement. The notice shall generally describe the agreement or modification; the facilities to be covered; summarize the changes in legal requirements that will result from the agreement; summarize the reasons for approving the agreement or modifications; identify an agency person to contact for additional information; state that the proposed agreement or modification and fact sheet are available on request; and state that comments may be submitted to the agency during the comment period. The coordinating agency shall order a public informational meeting or a public hearing to receive oral comments if the written comments during the comment period demonstrate considerable public interest in the proposed agreement.
(3) The coordinating agency shall prepare and make available a responsiveness summary indicating the agencies' actions taken in response to comments and the reasons for those actions.
(4) With respect to an environmental excellence program agreement that affects legal requirements adopted to comply with provisions of a federal regulatory program, the coordinating agency shall provide a copy of the environmental excellence program agreement, and a copy of the notice required by subsection (1) of this section, to the federal agency that is responsible for administering that program at least thirty days before entering into or modifying the environmental excellence program agreement, and shall afford the federal agency the opportunity to object to those terms of the environmental excellence program agreement or modification of an environmental excellence program agreement affecting the legal requirements. The coordinating agency shall provide similar notice to state agencies that have statutory review or appeal responsibilities regarding provisions of the environmental excellence program agreement.
[ 1997 c 381 s 8.]

catchline: Public comment—Notice—Responsiveness summary—Copy to federal agency.


title: RCW 43.21K.080

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

catchline: Effect of agreements on legal requirements and permits—Permit revisions—Programmatic agreements.


title: RCW 43.21K.090

text:
(1) A decision by the directors of state, regional, or local agencies to approve a proposed environmental excellence program agreement, or to terminate or modify an approved environmental excellence program agreement, is subject to judicial review in superior court. For purposes of judicial review, the court may grant relief from the decision to approve or modify an environmental excellence program agreement only if it determines that the action: (a) Violates constitutional provisions; (b) exceeds the statutory authority of the agency; (c) was arbitrary and capricious; or (d) was taken without compliance with the procedures provided by this chapter. However, the decision of the director or directors shall be accorded substantial deference by the court. A decision not to enter into or modify an environmental excellence program agreement and a decision not to accept a commitment under RCW 43.21K.080(4) to comply with the terms of a programmatic environmental excellence [program] agreement are within the sole discretion of the directors of the state, regional, or local agencies and are not subject to review.
(2) An appeal from a decision to approve or modify a facility specific or a programmatic environmental excellence program agreement is not timely unless filed with the superior court and served on the parties to the environmental excellence program agreement within thirty days of the date on which the agreement or modification is signed by the director. For an environmental excellence program agreement or modification signed by more than one director, there is only one appeal, and the time for appeal shall run from the last date on which the agreement or modification is signed by a director.
(3) A decision to accept the commitment of a specific facility to comply with the terms of a programmatic environmental excellence program agreement, or to modify the application of an agreement to a specific facility, is subject to judicial review as described in subsection (1) of this section. An appeal is not timely unless filed with the superior court and served on the directors signing the agreement, the sponsor, and the owner or operator of the specific facility within thirty days of the date the director or directors that signed the programmatic agreement approve the owner or operator's commitment to comply with the agreement. For a programmatic environmental excellence program agreement or modification signed by more than one director, there shall be only one appeal and the time for appeal shall run from the last date on which a director approves the commitment.
(4) The issuance of permits and permit modifications is subject to review under otherwise applicable law.
(5) An appeal of a decision by a director under *section 11 of this act to terminate in whole or in part a facility specific or programmatic environmental excellence program agreement is not timely unless filed with the superior court and served on the director within thirty days of the date on which notice of the termination is issued under *section 11(2) of this act.
[ 1997 c 381 s 10.]
Notes:
*Reviser's note: Section 11 of this act was vetoed.

catchline: Judicial review.


title: RCW 43.21K.100

text:
After a termination under *section 11 of this act is final and no longer subject to judicial review, the sponsor has sixty days in which to apply for any permit or approval affected by any terminated portion of the environmental excellence program agreement. An application filed during the sixty-day period shall be deemed a timely application for renewal of a permit under the terms of any applicable law. Except as provided in *section 11(4) of this act, the terms and conditions of the environmental excellence program agreement and of permits issued will continue in effect until a final permit or approval is issued. If the sponsor fails to submit a timely or complete application, any affected permit or approval may be modified at any time that is consistent with applicable law.
[ 1997 c 381 s 12.]
Notes:
*Reviser's note: Section 11 of this act was vetoed.

catchline: Continued effect of agreements and permits—Modification of affected permit or approval.


title: RCW 43.21K.110

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

catchline: Enforceable and voluntary commitments—Enforcement actions.


title: RCW 43.21K.120

text:
An environmental excellence program agreement may contain a reduced fee schedule with respect to a program applicable to the covered facility or facilities.
[ 1997 c 381 s 14.]

catchline: Reduced fee schedule.


title: RCW 43.21K.130

text:
Any state, regional, or local agency administering programs under an environmental law may adopt rules or ordinances to implement this chapter. However, it is not necessary that an agency adopt rules or ordinances in order to consider or enter into environmental excellence program agreements.
[ 1997 c 381 s 16.]

catchline: Rule-making authority.


title: RCW 43.21K.140

text:
The director of the department of ecology shall appoint an advisory committee to review the effectiveness of the environmental excellence program agreement program and to make a recommendation to the legislature concerning the continuation, termination, or modification of the program. The committee also may make recommendations it considers appropriate for revision of any regulatory program that is affected by an environmental excellence program agreement. The committee shall be composed of one representative each from two state agencies, two representatives of the regulated community, and two representatives of environmental organizations or other public interest groups. The committee must submit a report and its recommendation to the legislature not later than October 31, 2001. The department of ecology shall provide the advisory committee with such support as they may require.
[ 1997 c 381 s 17.]

catchline: Advisory committee.


title: RCW 43.21K.150

text:
(1) Agencies authorized to enter into environmental excellence program agreements may assess and collect a fee to recover the costs of processing environmental excellence program agreement proposals. The amount of the fee may not exceed the direct and indirect costs of processing the environmental excellence program agreement proposal. Processing includes, but is not limited to: Working with the sponsor to develop the agreement, meeting with stakeholder groups, conducting public meetings and hearings, preparing a record of the decision to enter into or modify an agreement, and defending any appeal from a decision to enter into or modify an agreement. Fees also may include, to the extent specified by the agreement, the agencies' direct costs of monitoring compliance with those specific terms of an agreement not covered by permits issued to the participating facility.
(2) Agencies assessing fees may graduate the initial fees for processing an environmental excellence program agreement proposal to account for the size of the sponsor and to make the environmental excellence program agreement program more available to small businesses. An agency may exercise its discretion to waive all or any part of the fees.
(3) Sponsors may voluntarily contribute funds to the administration of an agency's environmental excellence program agreement program.
[ 1997 c 381 s 18.]

catchline: Costs of processing proposals—Fees—Voluntary contributions.


title: RCW 43.21K.160

text:
The authority of a director to enter into a new environmental excellence program agreement program shall be terminated June 30, 2002. Environmental excellence program agreements entered into before June 30, 2002, shall remain in force and effect subject to the provisions of this chapter.
[ 1997 c 381 s 19.]

catchline: Termination of authority to enter into agreements.


title: RCW 43.22.005

text:
The director of labor and industries may appoint and deputize two assistant directors to be known as deputy directors. The director shall designate one deputy director who, in case a vacancy occurs in the office of director, shall continue in charge of the department until a director is appointed and qualified, or the governor appoints an acting director.
[ 1985 c 325 s 1; 1969 ex.s. c 32 s 2.]

catchline: Deputy directors.


title: RCW 43.22.010

text:
The department of labor and industries shall be organized into divisions that promote efficient and effective performance of the duties the agency is charged by statute to administer.
The director may appoint such clerical and other assistants as may be necessary for the general administration of the department.
[ 1994 c 164 s 2; 1974 ex.s. c 27 s 1. Prior: 1973 1st ex.s. c 153 s 8; 1973 1st ex.s. c 52 s 2; 1971 c 66 s 2; 1969 ex.s. c 32 s 1; 1965 c 8 s 43.22.010; prior: (i) 1927 c 306 s 1, part; 1917 c 36 s 2, part; RRS s 8637, part. (ii) 1921 c 7 s 74; RRS s 10832.]
Notes:
Effective date—1973 1st ex.s. c 52: "This 1973 amendatory act is necessary for the immediate preservation of the public peace, health and safety, the support of the state government and its existing public institutions, and shall take effect on July 1, 1973." [ 1973 1st ex.s. c 52 s 12.]

catchline: Divisions of department—Personnel.


title: RCW 43.22.020

text:
The director of labor and industries shall appoint and deputize an assistant, to be known as the supervisor of industrial insurance, who shall have authority to perform those duties delegated by the director and by statute.
The director may appoint and employ such adjusters, medical and other examiners, auditors, inspectors, clerks, and other assistants as may be necessary to the administration of workers' compensation and medical aid in this state.
[ 1994 c 164 s 3; 1965 c 8 s 43.22.020. Prior: 1921 c 7 s 75; RRS s 10833.]
Notes:
Industrial insurance: Title 51 RCW.

catchline: Supervisor of industrial insurance—Appointment—Authority—Personnel.


title: RCW 43.22.030

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

catchline: Powers and duties.


title: RCW 43.22.035

text:
When an employer initially files a business license application under chapter 19.02 RCW for the purpose, in whole or in part, of registering to pay industrial insurance taxes, the department must send to the employer any printed material the department recommends or requires the employer to post. Any time the printed material has substantive changes in the information, the department must send a copy to each employer.
[ 2013 c 144 s 39; 2007 c 287 s 2.]

catchline: Printed materials—Department's duties.


title: RCW 43.22.040

text:
The director of labor and industries shall appoint and deputize an assistant, to be known as the supervisor of industrial safety and health, who shall have authority to perform those duties delegated by the director and by statute.
The director may appoint and employ such inspectors, clerks, and other assistants as may be necessary to carry on the industrial safety and health work of the department.
[ 1994 c 164 s 5; 1973 1st ex.s. c 52 s 3; 1965 c 8 s 43.22.040. Prior: 1921 c 7 s 76; RRS s 10834.]
Notes:
Effective date—1973 1st ex.s. c 52: See note following RCW 43.22.010.
Administrative expenses: RCW 51.16.105.

catchline: Supervisor of industrial safety and health—Appointment—Authority—Personnel.


title: RCW 43.22.050

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


title: RCW 43.22.051

text:
For rules adopted after July 27, 1997, the director of the department of labor and industries may not rely solely on a statute's statement of intent or purpose, on the enabling provisions of the statute establishing the agency, or on any combination of those provisions, for statutory authority to adopt any rule. This section does not apply to rules adopted under chapter 39.12 RCW.
[ 1997 c 409 s 103.]
Notes:
Part headings—1997 c 409: "Part headings used in this act do not constitute any part of the law." [ 1997 c 409 s 607.]
Severability—1997 c 409: "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." [ 1997 c 409 s 609.]

catchline: Rule making restricted.


title: RCW 43.22.052

text:
The department of labor and industries must establish and perform, within existing funds, a formal review process of its existing rules every five years. The goal of the review is to decrease the numbers of, simplify the process, and decrease the time required for obtaining licenses, permits, and inspections, as applicable, in order to reduce the regulatory burden on businesses without compromising public health and safety. Benchmarks must be adopted to assess the effectiveness of streamlining efforts. The department must establish a process for effectively applying sunset provisions to rules when applicable. The department must report back to the applicable committees of the legislature with its review process and benchmarks by January 2014.
[ 2013 2nd sp.s. c 30 s 3.]
Notes:
Findings—Intent—2013 2nd sp.s. c 30: See note following RCW 43.21A.081.

catchline: Five-year formal review process of existing rules.


title: RCW 43.22.053

text:
The director of labor and industries shall appoint and deputize an assistant, to be known as the supervisor of building and construction safety inspection services, who shall have authority to perform those duties delegated by the director and by statute.
The director may appoint and employ such inspectors, clerks, and other assistants as may be necessary to carry on building and construction safety inspection services subject to the provisions of chapter 41.06 RCW.
[ 1994 c 164 s 7; 1969 ex.s. c 32 s 3.]

catchline: Supervisor of building and construction safety inspection services—Appointment—Authority—Personnel.


title: RCW 43.22.260

text:
The director of labor and industries shall appoint and deputize an assistant, to be known as the supervisor of industrial relations, who shall have authority to perform those duties delegated by the director and by statute.
The director may appoint an assistant to be known as the industrial statistician, and an assistant to be known as the supervisor of employment standards and may appoint and employ experts, clerks, and other assistants as may be necessary to carry on the industrial relations work of the department.
[ 1994 c 164 s 10; 1975 1st ex.s. c 296 s 31; 1973 2nd ex.s. c 16 s 11; 1973 1st ex.s. c 154 s 82; 1965 c 8 s 43.22.260. Prior: 1921 c 7 s 77; RRS s 10835.]
Notes:
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.

catchline: Supervisor of industrial relations—Appointment—Authority—Personnel.


title: RCW 43.22.270

text:
The director of labor and industries shall have the power, and it shall be the director's duty:
(1) To study and keep in touch with problems of industrial relations and, from time to time, make public reports and recommendations to the legislature;
(2) To, with the assistance of the industrial statistician, exercise all the powers and perform all the duties in relation to collecting, assorting, and systematizing statistical details relating to labor within the state and systematizing such statistical information to, as far as possible, conform to the plans and reports of the United States department of labor;
(3) To, with the assistance of the industrial statistician, make such special investigations and collect such special statistical information as may be needed for use by the department or division of the state government having need of industrial statistics;
(4) To, with the assistance of the supervisor of employment standards, supervise the administration and enforcement of all laws respecting the employment and relating to the health, sanitary conditions, surroundings, hours of labor, and wages of employees employed in business and industry in accordance with the provisions of chapter 49.12 RCW;
(5) To exercise all the powers and perform all the duties, not specifically assigned to the department of labor and industries, now vested in, and required to be performed by, the commissioner of labor;
(6) To exercise such other powers and perform such other duties as may be provided by law.
[ 1994 c 164 s 11; 1977 c 75 s 48; 1975 1st ex.s. c 296 s 32; 1973 2nd ex.s. c 16 s 12; 1973 1st ex.s. c 154 s 83; 1965 c 8 s 43.22.270. Prior: 1921 c 7 s 81; RRS 10839.]
Notes:
Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030.
Apprenticeships: Chapter 49.04 RCW.
Arbitration of disputes: Chapter 49.08 RCW.
Public employees' collective bargaining, arbitration of disputes: RCW 41.56.300.
Public employment labor relations: Chapter 41.58 RCW.
Wage collection for aggrieved employees: RCW 49.48.040.


title: RCW 43.22.282

text:
The industrial welfare committee established by this chapter is abolished. All powers, duties, and functions of the committee are transferred to the director of labor and industries.
[ 1982 c 163 s 16.]
Notes:
Severability—Effective date—1982 c 163: See notes following RCW 2.10.052.

catchline: Industrial welfare committee abolished—Transfer of powers, duties, and functions.


title: RCW 43.22.290

text:
Every owner, operator, or manager of a factory, workshop, mill, mine, or other establishment where labor is employed, shall make to the department, upon blanks furnished by it, such reports and returns as the department may require, for the purpose of compiling such labor statistics as are authorized by this chapter, and the owner or business manager shall make such reports and returns within the time prescribed therefor by the director, and shall certify to the correctness thereof.
In the reports of the department no use shall be made of the names of individuals, firms, or corporations supplying the information called for by this section, such information being deemed confidential, and not for the purpose of disclosing personal affairs, and any officer, agent, or employee of the department violating this provision shall be fined a sum not exceeding five hundred dollars, or be imprisoned for up to three hundred sixty-four days.
[ 2011 c 96 s 28; 1965 c 8 s 43.22.290. Prior: 1901 c 74 s 3; RRS s 7588.]
Notes:
Findings—Intent—2011 c 96: See note following RCW 9A.20.021.

catchline: Reports by employers.


title: RCW 43.22.300

text:
(1) The director may issue subpoenas, administer oaths and take testimony in all matters relating to the duties herein required, such testimony to be taken in some suitable place in the vicinity to which testimony is applicable.
(2) Witnesses subpoenaed and testifying before any officer of the department shall be paid the same fees as witnesses before a superior court, such payment to be made from the funds of the department.
(3) Any person duly subpoenaed under the provisions of this section who willfully neglects or refuses to attend or testify at the time and place named in the subpoena, is guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars, or by imprisonment in the county jail not exceeding thirty days.
[ 2003 c 53 s 227; 1965 c 8 s 43.22.300. Prior: 1901 c 74 s 4; RRS s 7589.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Compelling attendance of witnesses and testimony—Penalty.


title: RCW 43.22.310

text:
The director or any employee of the department of labor and industries may enter any factory, mill, office, workshop, or public or private works at any time for the purpose of gathering facts and statistics as provided by this chapter, and examine into the methods of protection from danger to employees, and the sanitary conditions in and around such buildings and places and make a record thereof, and any owner or occupant of such factory, mill, office or workshop, or public or private works, or his or her agent who refuses to allow an inspector or employee of the department to enter, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars, or be imprisoned in the county jail not to exceed ninety days.
[ 2009 c 549 s 5100; 1965 c 8 s 43.22.310. Prior: 1901 c 74 s 5; RRS s 7590.]

catchline: Access to plants—Penalty for refusal.


title: RCW 43.22.315

text:
(1) For the purposes of preventing fraud and protecting personal privacy, the department shall examine its current practices in which it discloses the full social security numbers of persons in its correspondence with nongovernmental third parties.
(2) If the disclosure of full social security numbers in its correspondence with nongovernmental third parties is not required for compliance with any state or federal law, the department shall:
(a) Institute procedures to replace the use of full social security numbers with other forms of personal identifiers in its correspondence with nongovernmental third parties; and
(b) By July 1, 2023, cease disclosing the full social security numbers of persons in its correspondence with nongovernmental third parties.
(3) The definitions in this subsection apply throughout this section:
(a) "Correspondence" means written communications, emails, or other similar communications. "Correspondence" does not include financial transactions or communications sent via secured or encrypted methods.
(b) "Nongovernmental third party" means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, or other legal commercial entity. The term does not include a government or governmental subdivision, agency, or instrumentality.
[ 2021 c 80 s 1.]

catchline: Use of social security numbers in correspondence with third parties.


title: RCW 43.22.331

text:
The department shall annually compile a comprehensive report on workers' compensation fraud in Washington. The report shall include the department's activities related to the prevention, detection, and prosecution of worker, employer, and provider fraud and the cost of such activities, as well as the actual and estimated cost savings of such activities. The report shall be submitted to the appropriate committees of the legislature prior to the start of the legislative session in January.
[ 1995 c 160 s 7.]

catchline: Annual report on workers' compensation fraud.


title: RCW 43.22.335

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 43.22.340 through 43.22.434, 43.22.442, and 43.22.495.
(1) "Conversion vending units" means a motor vehicle or recreational vehicle that has been converted or built for the purpose of being used for commercial sales at temporary locations. The units must be less than eight feet six inches wide in the set-up position and the inside working area must be less than forty feet in length.
(2) "Indigent" means a person receiving an annual income, after taxes, of one hundred twenty-five percent or less of the current federally established poverty level.
(3) "Manufactured home" means a single-family dwelling required to be built in accordance with regulations adopted under the national manufactured housing construction and safety standards act of 1974 (42 U.S.C. 5401 et seq.).
(4) "Medical unit" means a self-propelled unit used to provide medical examinations, treatments, and medical and dental services or procedures, not including emergency response vehicles.
(5) "Mobile home" means a factory-built dwelling built before June 15, 1976, to standards other than the national manufactured housing construction and safety standards act of 1974 (42 U.S.C. 5401 et seq.), and acceptable under applicable state codes in effect at the time of construction or introduction of the home into this state.
(6) "Park trailer" means a park trailer as defined in the American national standards institute A119.5 standard for park trailers.
(7) "Recreational vehicle" means a vehicular-type unit primarily designed for recreational camping or travel use that has its own motive power or is mounted on or towed by another vehicle. The units include travel trailers, fifth-wheel trailers, folding camping trailers, truck campers, and motor homes.
[ 2016 c 167 s 3; 2002 c 268 s 9; 2001 c 335 s 1; 1999 c 22 s 1; 1995 c 280 s 1.]
Notes:
Purpose—Finding—Effective dates—2002 c 268: See notes following RCW 43.22.434.
Application—2001 c 335: "This act applies to manufactured homes without regard to the date such homes may have been altered." [ 2001 c 335 s 10.]

catchline: Manufactured homes, mobile homes, recreational vehicles—Definitions.