Earlier this year, the Washington Legislature passed SHB 1105, which updates the Open Public Meeting Act (“OPMA”) and requires public agencies to provide notice for public comment that includes the first and last date and time by which such public comment must be submitted in certain situations.  The legislation took effect on June 6, 2024.

SHB 1105 is codified in RCW 42.30.250. It states:

• A public agency that is required by state law to solicit public comment for a statutorily specified period of time, and is required by state law to provide notice that it is soliciting public comment, must specify the first and last date and time by which written public comment may be submitted.
• An agency that provides a notice that violates this section is subject to the same fines under the same procedures as other violations of this chapter are subject to under RCW 42.30.120.

The first and last date requirement applies only to those situations where public agencies are statutorily required to notice a public comment period—and does not apply to general public comment at regular or special meetings of the commission, council, or other governing body.

Public agencies are cautioned to heed this new requirement immediately, as RCW 42.30.250 also authorizes personal liability and civil penalties for all members of the governing body who attend a meeting of such governing body that was noticed improperly.

An example of when public agencies are statutorily required to notice a comment period is when public agencies act as a lead agency for State Environmental Policy Act (“SEPA”) processes under WAC 197-11-502. In this example, the commenting period is thirty (30) days unless extended by the lead agency, so the notice would need to include first and last date and time for the thirty (30) day period (and for any extension).

Another example is RCW 58.17.095, regarding administrative review of preliminary plat applications, which provides a comment period of twenty (20) days from the date of notice.

In light of this new legislation, public agencies should review and revise their public comment notice templates.  Even for those notices that do not relate to a statutorily specified time period, public agencies should, as a best practice, ensure that they include proper first and last date and time notices.

If your agency needs assistance with OPMA compliance, please contact Peter Ruffatto or Megan Holmes at CSD Attorneys at Law P.S.