2013 Revised Code of Washington
Title 34 - ADMINISTRATIVE LAW
34.05 Administrative Procedure Act.
34.05.272 Department of ecology -- Significant agency action -- Identification of sources of information used.


WA Rev Code § 34.05.272 (2013) What's This?

RCW 34.05.272 Department of ecology — Significant agency action — Identification of sources of information used.

(1) This section applies only to the water quality and shorelands and environmental assistance programs within the department of ecology.

     (2) Before taking a significant agency action, the department of ecology must identify the sources of information reviewed and relied upon by the agency in the course of preparing to take significant agency action. Peer-reviewed literature, if applicable, must be identified, as well as any scientific literature or other sources of information used. The department of ecology shall make available on the agency's web site the index of records required under RCW 42.56.070(6) that are relied upon, or invoked, in support of a proposal for significant agency action.

     (3) For the purposes of this section, "significant agency action" means an act of the department of ecology that:

     (a) Results in the development of a significant legislative rule as defined in RCW 34.05.328; or

     (b) Results in the development of technical guidance, technical assessments, or technical documents that are used to directly support implementation of a state rule or state statute.

     (4) This section is not intended to affect agency action regarding individual permitting, compliance and enforcement decisions, or guidance provided by an agency to a local government on a case-by-case basis.

[2013 c 69 § 2.]

Notes:

     Finding -- Intent -- 2013 c 69: "(1) The legislature finds that it is critically important that scientific information used to inform public policy be of the highest quality and integrity. Furthermore, the legislature recognizes that a public benefit is derived from greater transparency as to what scientific information, data, or records are being used to inform public policy or relied upon in agency decision making.

     (2) Therefore, in order to help ensure that agencies routinely use scientifically credible information in conducting their policy-making functions, it is the intent of the legislature to have those sources of scientific information reviewed and relied upon by agencies be identified in a clear and transparent way." [2013 c 69 § 1.]


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