EXECUTIVE ORDER EO
93-06
IMPROVING STATE REGULATORY ACTIVITIES
I, Mike
Lowry, Governor of the State of Washington, by virtue of the power vested in me
declare my commitment to improve Washington's regulatory climate. It is,
therefore, the purpose of this executive order to accomplish the following:
·
To institute immediate management improvement in
state regulatory functions by reducing inefficiencies, conflicts, and de
delays.
·
To develop long-term solutions to complex
regulatory issues that, if left unresolved, could impede the orderly growth and
sustained economic development of the state.
·
To ensure that any regulatory reform solutions
designed to support economic benefits also ensure continued protection of the
environment, the health, and the safety of our citizens.
To accomplish these purposes, I hereby direct
the following actions:
I. Creation
of the Governor's Task Force on Regulatory Reform
There is
created the Governor's Task Force on Regulatory Reform to consist of not more
than 23 members. Membership shall reflect the interests of business,
agriculture, labor, the environment, other citizens, the Legislature, cities
and counties, and state agencies. Representatives from state agencies will
serve as nonvoting, ex officio members. members shall be appointed by the
Governor and the Governor shall select the chair. Staffing for the Task Force
shall be provided by the Office of Financial Management, with assistance from
state a agencies and the Legislature, as may be made available. State agencies
shall provide th Task Force with information and assistance, as needed.
The charge of the Task Force is to develop
recommendations for statutory and administrative changes that lead to more
reasonable, efficient, cost-effective, and coordinated regulatory actions. The
recommendations shall support economic benefits for the state while ensuring
continued protection of the environment and the health and safety of citizens.
The Task Force shall commence operations upon
appointment in August 1993 and terminate on December 31, 1994. The Task Force
shall submit interim recommendations to the Governor by December 1, 1993, and
final recommendations by December 1, 1994.
The Task Force shall develop recommendations to
respond to the following issues:
A. How
should the state's environmental and growth management requirements and
processes be integrated so that the goals of environmental protection, orderly
and planned growth, and sustained economic development are achieved?
B. What
improvements should be made in project approval, permitting, and appeals
processes and structures to make them faster and simpler without undercutting
environmental protection?
C. In
addition to actions directed by this executive order, what other mechanisms,
structures, and procedures should be instituted to achieve better coordination
and consistency in regulatory actions within agencies, between agencies, and
between jurisdictions?
D. Are
there effective performance-based, market-based, and other regulatory models
that will achieve more efficient and effective regulation than current command
and control and technology-based regulatory approaches?
E. In
addition to actions directed by this executive order, are there other ways to
expand the use of alternative decision making and dispute resolution models
designed to reach consensus and resolve conflict on regulatory issues without
resorting to litigation?
F. Is
there a need to amend the state's Administrative Procedure Act or related
statutes that would lead to more reasonable, efficient, timely, cost-effective,
and coordinated rule-making and adjudication?
II.
Expedited
Resolution of Interagency Disputes
In partial
fulfillment of the intent of Chapter 279, Laws of 1993 (Substitute Senate Bill
5634), any agency that has regulatory responsibilities over areas in common
with, or related to, the duties of other agencies is hereby requested to
develop jointly with those other agencies procedures for the resolution of
interagency disputes regarding regulatory matters. The purpose of these procedures
is to avoid litigation and time-consuming delays in regulatory actions by
providing commonly understood procedures to expedite the resolution of disputes
between agencies. The procedures may include, but are not limited to, the
delineation of stages of dispute resolution designed to. elevate issues to
higher administrative levels within
agencies so that the issues may be resolved in a timely manner. Such processes
shall be established through the use of memorandum of understanding between
agencies, or by other appropriate means. The Office of Financial Management
shall monitor and assist in developing model interagency dispute resolution
processes for use by agencies. The Office of Financial Management shall
cooperate with the Attorney General's Office in the development of these
processes.
III.
Agency
Rule Coordinating Committees
Any
agency that anticipates the adoption of rules affecting regulatory program in
other agencies or jurisdictions is hereby requested to convene a temporary
agency rule coordinating committee (ARCC), consisting of representatives from
those affected agencies or jurisdictions. An ARCC shall created by the agency
originating the rule in the early stages of rule development to ensure that
substantial coordination of regulatory programs is achieved. The purpose of an
ARCC is to identify and resolve, to the extent practicable, any potential
conflicts, jurisdictional overlaps, or duplication of effort before formal rule
adoption occurs
IV.
Implementing
and Promoting Negotiated Rule Making and the Pilot Rule Process
To assist in
the implementation of Chapter 202, Laws of 1993 (Substitute Senate Bill 5088),
the Office of Financial Management shall develop, in cooperation with the
Attorney General's Office and other agencies, model policies, procedures, and
other information to promote the use by agencies of negotiated rule making and
the pilot rule process. Negotiated rule making includes procedures and methods
for reaching, agreement among interested parties, when possible, on proposed
rules before publication of notice and hearings. The pilot rule process is
designed to reduce unreasonable economic, procedural, and technical burdens on
the regulated community by measuring or testing, in advance, the feasibility of
compliance. It includes the use of voluntary pilot study groups.
The purpose of these processes is to involve the
regulated community and other affected groups and individuals at the early
stages of rule development thereby improving compliance and acceptance of the
rule and reducing the potential for litigation. Agencies are encouraged to
review future rule making and identify those instances where negotiated rule
making and the pilot rule process may be appropriate.
V.
Improving
Regulatory Information and Education
It
is the goal of state government to improve public information about current and
future regulatory actions and better educate agency personnel about managing
regulatory activities. To achieve this goal, agencies are hereby requested to
comply with the following:
A. To
the extent possible, no later than December of each year, identify and prepare
a Est major subjects of potential rule making anticipated for the ensuing
calendar year. The list shall be made available, upon request, to affected
members of the regulated community and other groups and individuals, including
other agencies and jurisdictions. Early identification of potential rule making
will facilitate interagency rule coordination and early involvement of
interested parties in rule making. Failure to identify a subject of rule making
on the list in no way limits or affects an agency's authority to adopt rules on
that subject.
B. Inventory
existing publications or other communication materials used to disseminate
regulatory information to the public and, submit copies of those materials to
the state's Business Assistance Center. Using this information, the Business
Assistance Center, working with agencies, shall develop proposals for
consistent and coordinated approaches for agencies to better inform the public
about regulatory requirements.
C. Participate,
as appropriate, in the regulatory fairness training program being
developed by the state's Business
Assistance Center. The purpose of the training is. to further educate agency
regulatory personnel about business costs and concerns, help agencies achieve
competency in statutory rule making requirements, share innovative and
effective ways to involve and inform the public about rule making and mitigate
regulatory impacts, improve the quality of rule writing, and facilitate the
establishment of agency rule coordinating committees.
D. Utilize
the services of the Department of Licensing's Business License Center in
developing cost-effective delivery of information and one-stop master licensing
for agency permits, licenses, certificates, or approvals to perform business
activities.
IN WITNESS WHEREOF, I have hereunto
set my hand and caused
the seal of the State
of Washington to be
affixed at Olympia
this 9th day of August
A.D., Nineteen hundred and ninety-three.
MIKE LOWRY
Governor of Washington
BY THE GOVERNOR:
_________________________________
Secretary of State
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