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• Introduced by Sen. Jim Hargrove, (D-Hoquiam) (D) on February 24, 2003, to establish a system of standards and procedures to ensure that only credible water quality data is used for state water quality programs. The federal Clean Water Act requires states to report on the quality of water bodies and to list those that are impaired. For those listed as impaired, a Total Maximum Daily Load (TMDL) must be prepared, regulating the amounts of pollutants that may be discharged and allocating the amounts among their sources. To accomplish these requirements, states evaluate existing and readily available water quality data and information and determine which data they will rely upon. The governing federal regulation requires quality assurance and control programs to assure scientifically valid dataSee also Companion HB 2207.
  • Referred to the Senate Natural Resources, Energy and Water Committee on February 24, 2003.
    • Testimony in support offered to the Senate Natural Resources, Energy and Water Committee on March 5, 2003, by Pat Hamilton, Pacific County Commissioner; Bryan Harrison, Pacific County; Jane Rose, WCA Chair, Ecology/Land Planning, Farm Bureau, Rose Ranch; Hertha Lund, Farm Bureau; Scott Hazlegrove, WA Assn. of Sewer and Water Districts; and Mike Schwisow, WA State Water Resources Assn. They testified that there also could be independent third party review of data. Data has been used to support foregone conclusions, along with unrealistic models and experiments. TMDL decisions range from excellent to atrocious, depending on the personnel. There have been severe economic consequences. Regulation must be supported by good data to avoid costly consequences. Other states have adopted similar requirements.
    • Testimony in opposition offered to the Senate Natural Resources, Energy and Water Committee on March 5, 2003, by Bruce Wishart, People For Puget Sound; and Megan White, DOE (concerns). They testified that both state and federal quality assurance and quality control policies are already in place and include several of the proposed requirements. The intent is good, but the language is unclear and, in some cases, overly specific; this will create difficulties for rulemaking, which will be expensive. Policy, rather than rule, is preferable, because it makes changes and improvements easier. Many volunteers and permittees who are trained and qualified to collect data would be excluded, and their data from the past could not be used. It is unclear how much past work would have to be redone. There are inconsistencies with the Clean Water Act.
  • Substitute offered to the Senate Natural Resources, Energy and Water Committee on March 5, 2003, to make the provisions prospective, with an opportunity to rectify past actions of the department. Collection of data is not limited to the department or a professional designee. Requirements concerning listing outside of the normal cycle are removed. An employee of the department who knowingly misrepresents data is subject to criminal penalties under applicable existing law. The substitute passed in the Senate by voice vote on March 5, 2003.
  • Referred to the Senate Ways & Means Committee on March 5, 2003, but the bill did not pass the Senate by the cutoff date so it is considered a dead bill (although technically the bill could become active at any time during the 2003-2004 session).
• Received in the Senate on January 12, 2004, and active in the 2004 legislative session.
  • Substitute offered to the Senate Ways & Means Committee on February 10, 2004, to require rules on qualifications and training requirements for data collectors instead of rules on data collection procedures. A reporting requirement is added. The substitute passed in committee on February 10, 2004.
  • Referred to the Senate Rules Committee on February 10, 2004.
• Passed in the Senate (32 to 17) on February 17, 2004, establishing a system of standards and procedures to ensure that only credible water quality data is used for state water quality programs. [Vote Details and Comments]
• Received in the House on February 19, 2004.
  • Referred to the House Agriculture & Natural Resources Committee on February 19, 2004.
  • Amendment offered to the House Agriculture & Natural Resources Committee on February 27, 2004, to require the DOE to use credible scientific information and literature for developing and reviewing a surface water quality standard or TMDL technical model, removes the credible data requirement for developing and reviewing a water quality standard and for determining degradation, and revises the criteria for determining whether data is credible data. The amendment also eliminates authority to require credible data for other purposes. In addition, the amendment removes the requirement to evaluate prior actions with respect to credible data requirements. Further, the amendment requires the DOE to respond to requests regarding data and information used and to develop policy regarding the use of scientific literature and data credibility criteria. The amendment also replaces the requirement to adopt rules regarding qualified data collectors with a requirement to develop policy regarding the appropriate training and experience for data collectors. The amendment eliminates the specific requirement to consider data in light of the nature of the water body and revises provisions regarding misrepresentation of data to apply to any person who falsifies data. Finally, the amendment changes deadlines for legislative reports, revises legislative findings and intent, changes some definitions, and includes technical revisions. The amendment passed in the House by voice vote on February 27, 2004.
  • Referred to the House Appropriations Committee on February 27, 2004.
  • Referred to the House Rules Committee on March 1, 2004.
• Passed in the House (91 to 3) on March 5, 2004, establishing a system of standards and procedures to ensure that only credible water quality data is used for state water quality programs. [Vote Details and Comments]
• Received in the Senate on March 9, 2004, and the Senate concurred with the House amendments.
• Passed in the Senate (47 to 0) on March 9, 2004, establishing a system of standards and procedures to ensure that only credible water quality data is used for state water quality programs. [Vote Details and Comments]
• Signed by Gov. Gary Locke on March 31, 2004, establishing a system of standards and procedures to ensure that only credible water quality data is used for state water quality programs.