2SHB 1374 -
By Representative Upthegrove
ADOPTED 03/10/2007
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 The legislature finds that all levels of
government need to work together in partnership with the public,
tribes, nongovernmental organizations, and the private sector to ensure
that Puget Sound will be a thriving natural system, with clean marine
and freshwaters, healthy and abundant native species, natural
shorelines and places for public enjoyment, and a vibrant economy that
prospers in productive harmony with a healthy Puget Sound.
Sec. 2 RCW 90.71.010 and 1996 c 138 s 2 are each amended to read
as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) (("Action team" means the Puget Sound water quality action
team.)) "Action agenda" means the product developed pursuant to
section 13 of this act, and includes the Puget Sound management plan as
it exists on the effective date of this section and as it is modified
in the future by the council.
(2) "Chair" means the chair of the action team.
(3) "Council" means the Puget Sound council created in RCW
90.71.030.
(4) "Puget Sound management plan" means the 1994 Puget Sound water
quality management plan as it exists June 30, 1996, and as subsequently
amended by the action team.
(5) "Support staff" means the staff to the action team.
(6) "Work plan" means the work plan and budget developed by the
action team.
(2) "Action agenda goals" means those goals established in section
13 of this act.
(3) "Benchmarks" means scientific standards that can be measured.
(4) "Board" means the coordination board.
(5) "Committee" means the Puget Sound science advisory committee.
(6) "Council" means the leadership council.
(7) "Environmental indicator" means a physical, biological, or
chemical measurement, statistic, or value that provides a proximate
gauge, or evidence of, the state or condition of Puget Sound.
(8) "Food web" means a succession of organisms in an ecological
community that constitutes a continuation of food energy from one
organism to another as each organism consumes a lower member and, in
turn, is preyed upon by a higher member.
(9) "Nearshore" means the areas, including shorelines and
estuaries, beginning at the crest of the coastal bluffs and extending
seaward through the marine photic zone and to the head of the tide in
coastal rivers and streams.
(10) "Partnership" means the Puget Sound partnership.
(11) "Puget Sound" means Puget Sound and related inland marine
waterways, including all salt waters of the state of Washington inside
the international boundary line between Washington and British
Columbia, and lying east of the junction of the Pacific Ocean and the
Strait of Juan de Fuca, and the rivers and streams draining to Puget
Sound as mapped by water resource inventory areas 1 through 19 in WAC
173-500-040 as it exists on the effective date of this section.
(12) "Puget Sound partner" means an entity identified as a Puget
Sound partner under section 17 of this act.
(13) "Salmon recovery areas" means the fourteen salmon recovery
areas defined in the Puget Sound salmon recovery plan adopted by the
national oceanic and atmospheric administration national marine
fisheries service January 19, 2007.
(14) "Watershed group" means:
(a) Salmon recovery planning groups;
(b) Water resource inventory area groups;
(c) Marine resources committees;
(d) Regional fisheries enhancement groups; and
(e) Other governmental or quasi-governmental entities that address
physical, chemical, biological, ecological, or other environmentally
related activities in a hydrologically defined area.
NEW SECTION. Sec. 3
NEW SECTION. Sec. 4
(b) The governor shall designate one of the seven members to serve
as chair and a vice-chair shall be selected annually by the membership
of the council.
(2) The initial members shall be appointed as follows:
(a) Three of the initial members shall be appointed for a term of
two years;
(b) Two of the initial members shall be appointed for a term of
three years; and
(c) Two of the initial members shall be appointed for a term of
four years.
(3) The initial members' successors shall be appointed for terms of
four years each, except that any person chosen to fill a vacancy shall
be appointed only for the unexpired term of the member whom he or she
succeeds.
(4) Members of the council are eligible for reappointment.
(5) Any member of the council may be removed by the governor for
cause.
(6) Members whose terms expire shall continue to serve until
reappointed or replaced by a new member.
(7) A majority of the council constitutes a quorum for the
transaction of business.
(8) Council decisions and actions require majority vote approval of
all council members.
NEW SECTION. Sec. 5
(a) Provide overall leadership and have overall responsibility for
the functions of the partnership, including setting strategic
priorities and interim benchmarks and making final decisions for the
partnership;
(b) Develop, approve, revise, and oversee implementation and
adaptive management of the action agenda developed under section 13 of
this act;
(c) Allocate all funds appropriated to the partnership from the
Puget Sound recovery account created in section 27 of this act;
(d) Adopt procedural rules, in accordance with chapter 34.05 RCW,
as necessary to direct the internal management of the council;
(e) Apply accountability measures consistent with the assessment in
RCW 43.17.390;
(f) Provide the state of the Sound report to the governor and the
legislature, as provided in section 20 of this act;
(g) Appoint members of the board, as provided in section 7 of this
act;
(h) Appoint members of the committee, as provided in section 9 of
this act;
(i) Create subcommittees, advisory committees, and nonprofit
corporations, as appropriate to assist the council;
(j) Enter into, amend, and terminate contracts with individuals,
corporations, or research institutions to effectuate the purposes of
this chapter;
(k) Make grants to governmental and nongovernmental entities to
effectuate the purposes of this chapter;
(l) Receive such gifts, grants, and endowments, in trust or
otherwise, for the use and benefit of the partnership to effectuate the
purposes of this chapter. The partnership may expend the same or any
income therefrom according to the terms of the gifts, grants, and
endowments;
(m) Promote extensive public awareness, education, and
participation in Puget Sound protection and recovery;
(n) Receive and expend funding from other public agencies;
(o) Facilitate accountability and reporting obligations;
(p) Develop and implement a process to review and address citizen
concerns regarding action agenda development;
(q) Serve as the regional recovery organization for purposes of
chapter 77.85 RCW for Puget Sound salmon recovery; and
(r) Conduct periodic reviews of its governmental and organizational
effectiveness, identification of barriers to implementation, and
recommend changes in authorizing statutes to the governor and the
legislature to improve its effectiveness in carrying out the duties and
responsibilities of this chapter.
(2) The council may delegate functions to the chair and to the
executive director, however the council may not delegate its decisional
authority regarding developing or amending the action agenda.
(3) The council shall work closely with existing organizations and
all levels of government to ensure that the action agenda and its
implementation are scientifically sound, efficient, and achieve
necessary results to accomplish recovery of Puget Sound to health by
2020.
(4) The council shall support, engage, and foster watershed groups
to enable them to address local concerns.
(5) When working with federally recognized Indian tribes to develop
and implement the action agenda, the council shall conform to the
procedures and standards required in a government-to-governmental
relationship with tribes under the 1989 Centennial Accord between the
state of Washington and the sovereign tribal governments in the state
of Washington.
(6) The council shall consult with the committee to determine
environmental indicators, benchmarks, and action agenda implementation.
(7) The council may, on advice of the committee or by its own
decision, consult the Washington academy of sciences created in chapter
70.220 RCW to secure independent scientific review of significant
technical and scientific issues related to its work.
NEW SECTION. Sec. 6
(2) The executive director shall be appointed by and serve at the
pleasure of the governor, in consultation with the council. The
governor shall consider the recommendations of the council when
appointing the executive director.
(3) The executive director has the following powers and duties:
(a) To supervise the administrative operations of the Puget Sound
partnership and its staff;
(b) To administer the partnership programs and budget;
(c) To prepare and update the action agenda in accordance with the
goals and guidelines established by the council and in consultation
with the board and with the committee;
(d) To produce and distribute a Puget Sound science update as
provided in section 23 of this act;
(e) To represent and promote the interests of the state on Puget
Sound recovery issues and further the mission of the partnership;
(f) To enter into contracts and agreements, upon approval of the
council, with private nonprofit corporations to further state goals of
preserving, conserving, and enhancing the health of Puget Sound for its
ecological value and public benefit and use;
(g) To create and maintain a repository for data, studies,
research, and other information relating to Puget Sound health in the
state, and to encourage the interchange of such information; and
(h) To encourage and provide opportunities for interagency and
regional coordination and cooperative efforts between public agencies
and between public and private entities involved in the recovery and
preservation of Puget Sound.
(4) The executive director shall employ a staff, who shall be state
employees under Title 41 RCW. The executive director shall prescribe
the duties of the staff as may be necessary to implement the purposes
of this chapter.
NEW SECTION. Sec. 7
(2) The board shall consist of the following:
(a) One representative from the geographic area of each of the
fourteen salmon recovery areas, appointed as provided in this section;
(b) One member of a statewide association representing general
business interests, appointed by the council; and
(c) One member of an organization representing the interests of the
environmental community, appointed by the council.
(3) In addition, the governor shall invite full participation on
the board by three representatives of tribal governments located in the
Puget Sound basin.
(4) Representatives designated in subsection (2)(a) of this section
shall be appointed by the council; however, at least six of the
representatives designated in subsection (2)(a) of this section shall
be local public officials elected to their office at the time of their
appointment. The council shall solicit nominations from, at a minimum,
counties, cities, and watershed groups for appointments made under this
subsection.
(5) The board shall elect one of its members as chair, and one of
its members as vice-chair.
(6) A majority of the total voting members of the board constitutes
a quorum for the transaction of business; however, at least one of the
quorum members must be the chair or the vice-chair.
(7) Board decisions and actions require majority vote of all voting
board members.
(8)(a) The board shall invite one nonvoting ex officio member from:
(i) Any appropriate state and federal agencies with a role in the
environmental management of Puget Sound;
(ii) Each of the two major caucuses of the house of representatives
and each of the two major caucuses of the senate, appointed
respectively by the speaker of the house of representatives and the
president of the senate.
(b) Except for legislative members, nonvoting ex officio members in
(a) of this subsection shall be appointed by their respective agencies.
NEW SECTION. Sec. 8
(a) Communicate details of local plans to the partnership for
inclusion, when appropriate, into the action agenda and other regional
plans;
(b) Provide feedback from local entities to the council;
(c) Educate the public about the threats to Puget Sound and about
local implementation strategies to support the Puget Sound action
agenda; and
(d) Ensure that scientific and technical expertise is available to
local action agenda implementors.
(2) The board may:
(a) Disseminate regional and basin-wide plans devised by or
approved by the partnership, in accordance with the action agenda, to
cities, counties, ports, tribes, watershed groups, and other
governmental and private organizations;
(b) Recruit the active involvement of local governments,
organizations, businesses, and residents within the Puget Sound region
in the restoration of Puget Sound;
(c) Identify the capabilities, financial limitations, and
regulatory barriers of various cities, counties, ports, tribes,
watershed groups, and other governmental and private organizations, and
communicate those determinations to the council and to the executive
director.
(3) Representatives from each of the fourteen geographic salmon
recovery areas on the board shall be the designated board member to
solicit input from cities, counties, tribes, and existing watershed
groups in their respective salmon recovery areas to identify existing
plans within the region that address or affect the health of Puget
Sound, including listed species recovery plans, watershed-based
resource plans, local government land use plans, and marine resource
committee plans.
NEW SECTION. Sec. 9
(2)(a) In establishing the committee, the council shall request the
Washington academy of sciences, created in chapter 70.220 RCW, to
nominate fifteen scientists with recognized expertise in fields of
science essential to the recovery of Puget Sound.
(b) Scientists nominated by the Washington academy of sciences may
represent expertise in fields of science such as water quality, wetland
ecology, species recovery, environmental toxicology, geology, ecology,
biology, limnology, wildlife management and biology, environmental
engineering, hydrology, oceanography, environmental sciences,
environmental economics, and social sciences.
(c) At a minimum, the Washington academy of sciences shall consider
making nominations from scientists associated with federal and state
agencies, the business and environmental communities, members of the K-12, college, and university communities, and members of the board.
(d) Scientists nominated by the Washington academy of sciences must
disclose any conflicts of interest.
(3) The committee shall select a chair, who shall serve as a
nonvoting ex officio member of the council.
NEW SECTION. Sec. 10
(a) Advise the council and the executive director in carrying out
the obligations of the partnership;
(b) Assist the council and the executive director in developing and
regularly updating or revising the action agenda and, as deemed
appropriate by the committee, recommend updates to the action agenda on
new scientific information;
(c) Play their designated roles in the development of various
science processes, as provided in section 23 of this act;
(d) Assist in the development of the 2020 plan in a manner
consistent with the action agenda goals; and
(e) Offer an ecosystem-wide perspective on the science work being
competed by the partnership.
(2) The committee should collaborate with other scientific groups
and consult other scientists in conducting its work.
NEW SECTION. Sec. 11
(1) A healthy human population supported by a healthy Puget Sound
that is not threatened by changes in the ecosystem;
(2) A quality of human life that is sustained by a functioning
Puget Sound ecosystem;
(3) Healthy and sustaining populations of native species in Puget
Sound, including a robust food web;
(4) A healthy Puget Sound where freshwater, estuary, near shore,
marine, and upland habitats are protected, restored, and sustained;
(5) An ecosystem that is supported by ground water levels as well
as river and stream flow levels sufficient to sustain people, fish, and
wildlife, and the natural functions of the environment;
(6) Fresh and marine waters and sediments of a sufficient quality
so that the waters in the region are safe for drinking, swimming,
shellfish harvest and consumption, and other human uses and enjoyment,
and are not harmful to the native marine mammals, fish, birds, and
shellfish of the region.
NEW SECTION. Sec. 12
NEW SECTION. Sec. 13
(2) The action agenda shall:
(a) Describe the problems affecting Puget Sound's health using
supporting scientific data;
(b) Set goals, strategic priorities, and measurable outcomes
specifically describing what will be achieved, how it will be
quantified, how progress towards outcomes will be measured, and time-bound benchmarks that specify the targeted steps needed to reach a
healthy Puget Sound by 2020, consistent with the visions, as provided
in section 11 of this act;
(c) Identify and prioritize the strategies and actions necessary to
restore and protect Puget Sound;
(d) Identify the agency, entity, or person responsible for
completing the necessary action, and potential sources of funding; and
(e) Establish deadlines for the completion of the necessary actions
describing where achieving certain goals will require timelines beyond
2020 to achieve;
(f) Address all geographic areas of Puget Sound, including upland
areas and tributary rivers and streams that affect Puget Sound.
Specific action agenda sections may address specific geographic areas
of Puget Sound;
(g) Include a specific plan or actions to address aquatic
rehabilitation zone one, as defined in RCW 90.88.010;
(h) Evaluate the effectiveness and efficiency of the overall
management system for the improvement and maintenance of the health of
the Puget Sound ecosystem;
(i) Review, revise as needed, and incorporate as they are
developed, the council's ecosystem goals and quantifiable measures;
(j) Establish near-term and long-term benchmarks that demonstrate
progress in achieving action agenda goals, and that describe how
progress will be tracked through clear and quantifiable measures that
are included in the action agenda;
(k) Integrate, as appropriate, the recovery plans for salmon, orca,
and other species in Puget Sound listed under the federal endangered
species act;
(l) Work collaboratively with the Hood Canal coordinating council
in chapter 90.88 RCW on Hood Canal-specific issues;
(m) Integrate, where appropriate, provisions of water quantity,
watershed, marine resource, and other watershed and water quality
plans; and
(n) Incorporate appropriate actions to carry out the science work
plan created in section 23 of this act.
(3) The partnership shall, when deemed appropriate by the council,
incorporate existing watershed plans created by, but not limited to,
local governments, watershed groups, and marine and shoreline groups.
Watershed plans include:
(a) Existing watershed projects;
(b) Watershed programs;
(c) Watershed plans; and
(d) Other watershed plans related to water quality, water quantity,
or habitat restoration.
(4) In developing the action agenda and any subsequent revisions,
the council shall, when deemed appropriate by the council:
(a) Incorporate existing plans and agreements signed by the
governor, the commissioner of public lands, other state officials, or
by federal agencies;
(b) Consider and use appropriate portions of the Puget Sound water
quality management plan existing on the effective date of this section;
(c) Involve the committee and the board, including a review of the
proposed action agenda or revisions; and
(d) Provide opportunity for public review and comment.
(5) Until the action agenda is adopted, the existing Puget Sound
management plan and the 2007-09 Puget Sound biennial plan shall remain
in effect. The existing Puget Sound management plan shall also
continue to serve as the comprehensive conservation and management plan
for the purposes of the national estuary program described in section
320 of the federal clean water act, until replaced by the action agenda
and approved by the United States environmental protection agency as
the new comprehensive conservation and management plan.
(6) After the adoption of the initial action agenda, the council
shall revise the action agenda at least every six years using an
adaptive management process informed by tracking actions and monitoring
results in Puget Sound.
(7) Action agenda goals shall be determined by the council, and
shall be in accordance with the visions, as provided in section 11 of
this act.
(8) The action agenda shall be organized and maintained in a single
document to facilitate public accessibility to the plan.
NEW SECTION. Sec. 14
(1) Help prioritize environmental needs and identify environmental
research and data gaps;
(2) Help identify ways to fund new projects and programs that
narrow environmental research and data gaps;
(3) Advance public understanding, coordinate educational efforts,
foster action and results at the community level, and support and
coordinate with organizations to provide volunteer opportunities;
(4) Integrate local restoration efforts with basin-wide restoration
activities consistent with the action agenda; and
(5) Review, suggest modifications to, implement, measure results
of, or provide or identify additional funds, such as grants and loans,
to existing programs, projects, plans, and efforts, such as for:
(a) Local salmon recovery;
(b) Shoreline restoration and protection;
(c) Water quality improvement; and
(d) Water quantity plans.
NEW SECTION. Sec. 15
(a) Provide to the partnership by June 1st of each even-numbered
year their estimates of the actions and the level of effort needed for
the forthcoming biennium to implement their portion of the action
agenda; and
(b) Work with the partnership in the development of biennial budget
requests directly related to achieving consistency with the action
agenda to be submitted to the governor for consideration in the
governor's biennial budget request. The agencies shall seek the
concurrence of the partnership in the proposed funding levels and
sources included in this proposed budget.
(2) If a state agency submits an amount different from that
developed in subsection (1)(a) of this section as part of its biennial
budget request, the partnership and state agency shall jointly identify
the differences and the reasons for these differences and present this
information to the office of financial management by October 1st of
each even-numbered year.
(3) By September 1, 2008, and by September 1st every two years
thereafter, the council shall provide to the governor and the
appropriate fiscal and policy committees of the house of
representatives and senate its recommendations for the funding
necessary to implement the action agenda, in order to achieve the 2020
goals of this chapter. The recommendations shall:
(a) Identify funding needs by plan element and identify the time
periods in which specific funding is needed;
(b) Address funding responsibilities among local, state, and
federal governments, as well as nongovernmental funding;
(c) Assess and evaluate availability of funding from existing
sources;
(d) Identify gaps between funding needs and funds available from
existing sources; and
(e) Propose and develop a detailed financing strategy to secure
stable, long-term, and sufficient dedicated funding throughout the time
periods for plan implementation, including proposals for new, broad-based sources of funding that will fill the funding gaps, as identified
in this subsection.
(4) The funding recommendation reports, as provided in subsection
(3) of this section, must be available to the public before a budget
request is made.
NEW SECTION. Sec. 16
NEW SECTION. Sec. 17
(2) The council shall, with the advice of the board, determine the
standards and criteria that must be satisfied in order for an entity to
be designated a Puget Sound partner.
(3) Except for grant preferences specifically designated by the
legislature, there shall be no punitive or corrective penalty assessed
by the partnership, or any differential treatment given by the
partnership, for a city, county, special district, or other
governmental entity that is not designated as a Puget Sound partner.
NEW SECTION. Sec. 18
(2) The partnership shall condition, with interagency agreements,
any grants or funding transfers to other entities to ensure
accountability in the expenditure of the funds and to ensure that the
funds are used by the recipient entity in the manner determined by the
partnership to be the most consistent with the priorities of the action
agenda. Any conditions placed on federal funding under this section
shall either incorporate, or not run counter to, signed agreements
between the entity and the federal government.
(3) If the partnership finds that the provided funding was not used
as instructed in the interagency agreement, the partnership may suspend
or further condition future funding to the recipient entity.
(4) Any entity directly or indirectly receiving funding from the
partnership that is not subject to disclosure under chapter 42.56 RCW
must, as a mandatory contractual prerequisite to receiving the funding,
agree to disclose any information in regards to that funding as if the
entity were subject to the requirements of chapter 42.56 RCW.
NEW SECTION. Sec. 19
(b) To avoid delays in expending funds required under this section
to be conditional on the execution of an interagency agreement, the
partnership shall attempt to provide draft performance agreements at
least sixty days before the beginning of the biennium.
(2) The office of financial management may approve expenditure of
funds under this section prior to the execution of an interagency
agreement, if it determines that accelerating the expenditure would be
beneficial to accomplishing the action agenda developed pursuant to
section 13 of this act.
NEW SECTION. Sec. 20
(2) The state of the Sound report shall, when applicable, at a
minimum:
(a) Assess progress made by state and nonstate entities towards
completion of the action agenda adopted under section 13 of this act;
(b) Assess whether entities that have received state funds for
actions related to the action agenda have accomplished the expected
results;
(c) Identify instances where entities have been found to be acting
in a manner inconsistent with the action agenda, how the actions are
inconsistent with the action agenda, and what steps the partnership has
taken to encourage conformance with the action agenda;
(d) Identify instances where nonstate entities have refused
technical assistance;
(e) Identify recommended changes to statutes identified by the
process outlined in section 21 of this act;
(f) Review the expenditure of funds provided to state agencies that
are not included in sections 18 and 19 of this act and are used for the
implementation of the growth management act, the shoreline management
act, storm water permitting, or designated from the toxics control
accounts created in RCW 70.105D.070, the public works assistance
account created in RCW 43.155.050, the water quality account created in
RCW 70.146.030, or environmental mitigation funding from the department
of transportation, to determine whether the use of the funds is
consistent with the action agenda;
(g) Report any findings arising from the implementation of RCW
90.71.060; and
(h) Identify all funds provided to the partnership, and
recommendations as to how future state expenditures for all entities,
including the partnership, could better match the priorities of the
action agenda.
NEW SECTION. Sec. 21
(2) The partnership shall make recommendations to the governor and
the appropriate committees of the legislature, or other appropriate
entities, to sponsor legislation or changes to the Washington
Administrative Code or agency or local policy addressing the barriers
to successfully fulfilling the vision of the partnership.
NEW SECTION. Sec. 22
(2) The audits shall include, but not be limited to:
(a) A determination of the extent to which funds expended as
provided in sections 18 and 19 of this act have contributed to progress
toward meeting scientific benchmarks and to the restoration of Puget
Sound; and
(b) A determination of the efficiency and effectiveness of the
partnership's oversight of action agenda implementation.
(3) If a review under this section determines that there has been
insufficient progress toward meeting the benchmarks in a timely manner
relative to the 2020 goal or that funds expended have not achieved
expected results, the joint legislative and audit review committee
shall include in its report:
(a) Recommendations on how to improve the partnership's efficiency
and effectiveness regarding its ability to hold accountable those
entities responsible for action agenda results; and
(b) Whether the partnership should be restructured by the 2012
legislature or legislatures thereafter.
(4) The executive director must provide any partnership materials
to the joint legislative audit and review committee upon request.
(5) The partnership shall use the reports generated by the joint
legislative audit and review committee under this section as a basis
for recommended changes to successfully achieve the action agenda goals
by 2020.
NEW SECTION. Sec. 23
(b) The strategic science program may include:
(i) Continuation of the Puget Sound assessment and monitoring
program, as provided in RCW 90.71.060, as well as other monitoring
programs deemed appropriate by the executive director; and
(ii) Development of a monitoring program, in addition to the
provisions of RCW 90.71.060, including baselines, protocols,
guidelines, and quantifiable performance measures, to be recommended as
an element of the action agenda.
(2)(a) The committee, with assistance and staff support provided by
the executive director, shall develop a Puget Sound science update,
with the initial update submitted by April 2010, with subsequent
updates occurring as necessary to reflect new scientific
understandings.
(b) The update shall:
(i) Describe the current scientific understanding of various
physical attributes of Puget Sound;
(ii) Serve as the scientific basis for the selection of
environmental indicators measuring the health of Puget Sound; and
(iii) Serve as the scientific basis for the status and trends of
those environmental indicators within an ecosystem framework.
(c) The executive director shall submit the Puget Sound science
update to the Washington academy of sciences, to the governor, and to
the appropriate legislative committees, and include a summary of
information in existing updates, as well as changes adopted in
subsequent updates, in the state of the Sound reports produced pursuant
to section 20 of this act.
(3)(a) The committee, with assistance and staff support provided
by the executive director, shall develop a biennial science work plan,
with advice, provided by the council.
(b) The biennial science work plan shall include, at a minimum:
(i) Identification of recommendations from scientific and technical
reports relating to Puget Sound;
(ii) A description of the Puget Sound science-related activities
being conducted by various entities in the region, including studies,
models, monitoring, research, and other appropriate activities;
(iii) A description of whether the ongoing work addresses the
recommendations and, if not, identification of necessary actions to
fill gaps;
(iv) Identification of specific biennial science work actions to be
done over the course of the work plan, and how these actions address
science needs in Puget Sound;
(v) Recommendations for improvements to the ongoing science work in
Puget Sound;
(vi) The identification of appropriate recommendations from
scientific and technical reports relating to Puget Sound; and
(vii) A description of the Puget Sound science-related activities
being conducted by various entities in the Puget Sound region,
including models, research, and other appropriate activities.
(4) Both the strategic science program and the biennial science
work plan may not become official documents until a majority of the
members of the council vote for their adoption.
NEW SECTION. Sec. 24
(2) The partnership shall use the assessment, as provided in this
section, as a basis for recommended changes to successfully achieve the
action agenda goals by 2020. Recommended changes may include, but are
not limited to:
(a) The action agenda;
(b) The environmental indicators, as provided in this section; and
(c) Budget requests to the governor and legislature.
Sec. 25 RCW 90.71.060 and 1996 c 138 s 7 are each amended to read
as follows:
In addition to other powers and duties specified in this chapter,
the ((action team shall ensure)) council, in coordination with the
committee, may guide the implementation and coordination of ((the)) a
Puget Sound ambient monitoring program ((established in the Puget Sound
management plan. The program shall)). Elements of the program should
include, at a minimum:
(1) A research program, including but not limited to methods to
provide current research information to managers and scientists, and to
establish priorities based on the ((needs of the action team)) action
agenda;
(2) A monitoring program, including baselines, protocols,
guidelines, and quantifiable performance measures. In consultation
with state agencies, local and tribal governments, and other public and
private interests, the ((action team)) partnership shall develop and
track quantifiable performance measures that can be used by the
governor and the legislature to assess the effectiveness over time of
programs and actions initiated under the plan to improve and protect
Puget Sound water quality and biological resources. ((The performance
measures shall be developed by June 30, 1997.)) The performance
measures shall include, but not be limited to a methodology to track
the progress of: Fish and wildlife habitat; sites with sediment
contamination; wetlands; shellfish beds; and other key indicators of
Puget Sound health. State agencies shall assist the action team in the
development and tracking of these performance measures. The
performance measures may be limited to a selected geographic area.
(3) Any results arising from the implementation of this section
shall be included in the state of the Sound report prepared pursuant to
section 20 of this act.
NEW SECTION. Sec. 26
(2) The council, with assistance from the committee or from the
Washington academy of sciences created in chapter 70.220 RCW, shall
identify environmental indicators that accurately measure success of
the action agenda goals.
(3) The council is responsible for measuring the environmental
indicators, as provided in subsection (2) of this section, and shall
report the results in the Puget Sound science update, as provided in
section 23 of this act.
(4) The council shall, as deemed appropriate by the council, apply
accountability measures consistent with the assessment in RCW 43.17.385
to all levels of government and to any entity with responsibilities
under the action agenda, including itself, to determine compliance with
the action agenda and achievement of the results expected.
(5) The council shall work with the board to develop accountability
measures for any entity having responsibilities under the action
agenda, to determine compliance with the action agenda, and achievement
of the results expected. The council or the board shall also work with
the entities themselves to identify additional accountability measures,
including positive incentives and consequences for inaction.
NEW SECTION. Sec. 27
NEW SECTION. Sec. 28
(2)(a) No action of the partnership may create a mandatory duty
applicable to the review or approval of any permits or the adoption of
any plans relating to an entity that is not the partnership.
(b) The partnership may not take actions that qualify an agency
action, as that term is defined in RCW 34.05.010.
(c) No action of the partnership may alter the forest practices
rules adopted pursuant to chapter 76.09 RCW, or any associated habitat
conservation plan; however, the council may use habitat conservation
plans based on the forest practices rules as a model for developing the
action agenda. Any changes in forest practices identified by the
processes established in this chapter as necessary to fully recover the
health of Puget Sound by 2020 may only be realized through the
processes established in RCW 76.09.370 and other designated processes
established in Title 76 RCW.
(3) State and local governments shall retain their own decision-making authority in implementing the action agenda consistent with
current law.
NEW SECTION. Sec. 29
(2) The salary of the executive director shall be set by the
governor.
(3) Members of the board, including nonvoting ex officio members,
shall be reimbursed for travel expenses in accordance with RCW
43.03.050 and 43.03.060.
(4) Members of the committee shall be reimbursed for travel
expenses under RCW 43.03.050 and 43.03.060, and based upon the
availability of funds, the council may contract with members of the
committee for compensation for their services under chapter 39.29 RCW.
If appointees to the committee are employed by the federal, tribal,
state, or local governments, the council may enter into interagency
personnel agreements.
NEW SECTION. Sec. 30
(2)(a) All employees of the Puget Sound action team are transferred
to the jurisdiction of the Puget Sound partnership.
(b) All reports, documents, surveys, books, records, files, papers,
or written material in the possession of the Puget Sound action team
shall be delivered to the custody of the Puget Sound partnership. All
cabinets, furniture, office equipment, motor vehicles, and other
tangible property employed by the Puget Sound action team shall be made
available to the Puget Sound partnership. All funds, credits, or other
assets held by the Puget Sound action team shall be assigned to the
Puget Sound partnership.
(c) Any appropriations made to the Puget Sound action team shall,
on the effective date of this section, be transferred and credited to
the Puget Sound partnership.
(d) If any question arises as to the transfer of any personnel,
funds, books, documents, records, papers, files, equipment, or other
tangible property used or held in the exercise of the powers and the
performance of the duties and functions transferred, the director of
financial management shall make a determination as to the proper
allocation and certify the same to the state agencies concerned.
(3) All rules and all pending business before the Puget Sound
action team shall be continued and acted upon by the Puget Sound
partnership. All existing contracts and obligations shall remain in
full force and shall be performed by the Puget Sound partnership.
(4) The transfer of the powers, duties, functions, and personnel of
the Puget Sound action team shall not affect the validity of any act
performed before the effective date of this section.
(5) If apportionments of budgeted funds are required because of the
transfers directed by this section, the director of financial
management shall certify the apportionments to the agencies affected,
the state auditor, and the state treasurer. Each of these shall make
the appropriate transfer and adjustments in funds and appropriation
accounts and equipment records in accordance with the certification.
(6) Nothing contained in this section may be construed to alter any
existing collective bargaining unit or the provisions of any existing
collective bargaining agreement until the agreement has expired or
until the bargaining unit has been modified by action of the public
employment relations commission as provided by law.
NEW SECTION. Sec. 31
Sec. 32 RCW 90.71.100 and 2001 c 273 s 3 are each amended to read
as follows:
(1)(a) The ((action team)) department of health shall ((establish
a)) manage the established shellfish - on-site sewage grant program in
Puget Sound and for Pacific and Grays Harbor counties. The ((action
team)) department of health shall provide funds to local health
jurisdictions to be used as grants or loans to individuals for
improving their on-site sewage systems. The grants or loans may be
provided only in areas that have the potential to adversely affect
water quality in commercial and recreational shellfish growing areas.
(b) A recipient of a grant or loan shall enter into an agreement
with the appropriate local health jurisdiction to maintain the improved
on-site sewage system according to specifications required by the local
health jurisdiction.
(c) The ((action team)) department of health shall work closely
with local health jurisdictions and ((shall endeavor)) it shall be the
goal of the department of health to attain geographic equity between
Grays Harbor, Willapa Bay, and ((the)) Puget Sound when making funds
available under this program.
(d) For the purposes of this subsection, "geographic equity" means
issuing on-site sewage grants or loans at a level that matches the
funds generated from the oyster reserve lands in that area.
(2) In ((the)) Puget Sound, the ((action team)) department of
health shall give first priority to areas that are:
(a) Identified as "areas of special concern" under WAC 246-272-01001; or
(b) Included within a shellfish protection district under chapter
90.72 RCW.
(3) In Grays Harbor and Pacific counties, the ((action team))
department of health shall give first priority to preventing the
deterioration of water quality in areas where commercial or
recreational shellfish are grown.
(4) The ((action team)) department of health and each participating
local health jurisdiction shall enter into a memorandum of
understanding that will establish an applicant income eligibility
requirement for individual grant applicants from within the
jurisdiction and other mutually agreeable terms and conditions of the
grant program.
(5) The ((action team)) department of health may recover the costs
to administer this program not to exceed ten percent of the shellfish
- on-site sewage grant program.
(6) ((For the 2001-2003 biennium, the action team may use up to
fifty percent of the shellfish - on-site sewage grant program funds for
grants to local health jurisdictions to establish areas of special
concern under WAC 246-272-01001, or for operation and maintenance
programs therein, where commercial and recreational uses are present))
As part of the grant program created in this section, the department of
health may use any unexpended and unobligated funds from the oyster
reserve land account, created in RCW 77.60.160, that are remaining
after the implementation of subsection (1) of this section to fund
research projects related to oyster reserves. The department shall
select research projects in consultation with the department of fish
and wildlife and the appropriate reserve advisory committee created in
RCW 77.60.150(2).
NEW SECTION. Sec. 33 A new section is added to chapter 41.06 RCW
to read as follows:
In addition to the exemptions under RCW 41.06.070, the provisions
of this chapter shall not apply in the Puget Sound partnership to the
executive director, to one confidential secretary, and to all
professional staff.
Sec. 34 RCW 43.17.010 and 2006 c 265 s 111 are each amended to
read as follows:
There shall be departments of the state government which shall be
known as (1) the department of social and health services, (2) the
department of ecology, (3) the department of labor and industries, (4)
the department of agriculture, (5) the department of fish and wildlife,
(6) the department of transportation, (7) the department of licensing,
(8) the department of general administration, (9) the department of
community, trade, and economic development, (10) the department of
veterans affairs, (11) the department of revenue, (12) the department
of retirement systems, (13) the department of corrections, (14) the
department of health, (15) the department of financial institutions,
(16) the department of archaeology and historic preservation, ((and))
(17) the department of early learning, and (18) the Puget Sound
partnership, which shall be charged with the execution, enforcement,
and administration of such laws, and invested with such powers and
required to perform such duties, as the legislature may provide.
Sec. 35 RCW 43.17.020 and 2006 c 265 s 112 are each amended to
read as follows:
There shall be a chief executive officer of each department to be
known as: (1) The secretary of social and health services, (2) the
director of ecology, (3) the director of labor and industries, (4) the
director of agriculture, (5) the director of fish and wildlife, (6) the
secretary of transportation, (7) the director of licensing, (8) the
director of general administration, (9) the director of community,
trade, and economic development, (10) the director of veterans affairs,
(11) the director of revenue, (12) the director of retirement systems,
(13) the secretary of corrections, (14) the secretary of health, (15)
the director of financial institutions, (16) the director of the
department of archaeology and historic preservation, ((and)) (17) the
director of early learning, and (18) the executive director of the
Puget Sound partnership.
Such officers, except the director of fish and wildlife, shall be
appointed by the governor, with the consent of the senate, and hold
office at the pleasure of the governor. The director of fish and
wildlife shall be appointed by the fish and wildlife commission as
prescribed by RCW 77.04.055.
Sec. 36 RCW 42.17.2401 and 2006 c 265 s 113 are each amended to
read as follows:
For the purposes of RCW 42.17.240, the term "executive state
officer" includes:
(1) The chief administrative law judge, the director of
agriculture, the administrator of the Washington basic health plan, the
director of the department of services for the blind, the director of
the state system of community and technical colleges, the director of
community, trade, and economic development, the secretary of
corrections, the director of early learning, the director of ecology,
the commissioner of employment security, the chair of the energy
facility site evaluation council, the secretary of the state finance
committee, the director of financial management, the director of fish
and wildlife, the executive secretary of the forest practices appeals
board, the director of the gambling commission, the director of general
administration, the secretary of health, the administrator of the
Washington state health care authority, the executive secretary of the
health care facilities authority, the executive secretary of the higher
education facilities authority, the executive secretary of the horse
racing commission, the executive secretary of the human rights
commission, the executive secretary of the indeterminate sentence
review board, the director of the department of information services,
the director of the interagency committee for outdoor recreation, the
executive director of the state investment board, the director of labor
and industries, the director of licensing, the director of the lottery
commission, the director of the office of minority and women's business
enterprises, the director of parks and recreation, the director of
personnel, the executive director of the public disclosure commission,
the executive director of the Puget Sound partnership, the director of
retirement systems, the director of revenue, the secretary of social
and health services, the chief of the Washington state patrol, the
executive secretary of the board of tax appeals, the secretary of
transportation, the secretary of the utilities and transportation
commission, the director of veterans affairs, the president of each of
the regional and state universities and the president of The Evergreen
State College, and each district and each campus president of each
state community college;
(2) Each professional staff member of the office of the governor;
(3) Each professional staff member of the legislature; and
(4) Central Washington University board of trustees, board of
trustees of each community college, each member of the state board for
community and technical colleges, state convention and trade center
board of directors, committee for deferred compensation, Eastern
Washington University board of trustees, Washington economic
development finance authority, The Evergreen State College board of
trustees, executive ethics board, forest practices appeals board,
forest practices board, gambling commission, life sciences discovery
fund authority board of trustees, Washington health care facilities
authority, each member of the Washington health services commission,
higher education coordinating board, higher education facilities
authority, horse racing commission, state housing finance commission,
human rights commission, indeterminate sentence review board, board of
industrial insurance appeals, information services board, interagency
committee for outdoor recreation, state investment board, commission on
judicial conduct, legislative ethics board, liquor control board,
lottery commission, marine oversight board, Pacific Northwest electric
power and conservation planning council, parks and recreation
commission, ((personnel appeals board,)) board of pilotage
commissioners, pollution control hearings board, public disclosure
commission, public pension commission, shorelines hearing board, public
employees' benefits board, salmon recovery funding board, board of tax
appeals, transportation commission, University of Washington board of
regents, utilities and transportation commission, Washington state
maritime commission, Washington personnel resources board, Washington
public power supply system executive board, Washington State University
board of regents, Western Washington University board of trustees, and
fish and wildlife commission.
Sec. 37 RCW 77.85.090 and 2005 c 309 s 7 are each amended to read
as follows:
(1) The southwest Washington salmon recovery region, whose
boundaries are provided in chapter 60, Laws of 1998, is created.
(2) Lead entities within a salmon recovery region that agree to
form a regional salmon recovery organization may be recognized by the
salmon recovery office as a regional recovery organization. The
regional recovery organization may plan, coordinate, and monitor the
implementation of a regional recovery plan in accordance with RCW
77.85.150. Regional recovery organizations existing as of July 24,
2005, that have developed draft recovery plans approved by the
governor's salmon recovery office by July 1, 2005, may continue to
plan, coordinate, and monitor the implementation of regional recovery
plans.
(3) Beginning January 1, 2008, the leadership council, created
under chapter 90.71 RCW, shall serve as the regional salmon recovery
organization for Puget Sound salmon species, except for program known
as the Hood Canal summer chum evolutionarily significant unit area,
which the Hood Canal coordinating council shall continue to administer
under chapter 90.88 RCW.
Sec. 38 RCW 70.220.040 and 2005 c 305 s 4 are each amended to
read as follows:
(1) The academy shall investigate, examine, and report on any
subject of science requested by the governor, the governor's designee,
the executive director of the Puget Sound partnership, or the
legislature. The procedures for selecting panels of experts to respond
to such requests shall be set forth in the bylaws or other appropriate
operating guidelines. In forming review panels, the academy shall
endeavor to assure that the panel members have no conflicts of interest
and that proposed panelists first disclose any advocacy positions or
financial interest related to the questions to be addressed by the
panel that the candidate has held within the past ten years.
(2) The governor shall provide funding to the academy for the
actual expense of such investigation, examination, and reports. Such
funding shall be in addition to state funding assistance to the academy
in its initial years of operation as described in RCW 70.220.060.
Sec. 39 RCW 43.155.070 and 2001 c 131 s 5 are each amended to
read as follows:
(1) To qualify for loans or pledges under this chapter the board
must determine that a local government meets all of the following
conditions:
(a) The city or county must be imposing a tax under chapter 82.46
RCW at a rate of at least one-quarter of one percent;
(b) The local government must have developed a capital facility
plan; and
(c) The local government must be using all local revenue sources
which are reasonably available for funding public works, taking into
consideration local employment and economic factors.
(2) Except where necessary to address a public health need or
substantial environmental degradation, a county, city, or town planning
under RCW 36.70A.040 must have adopted a comprehensive plan, including
a capital facilities plan element, and development regulations as
required by RCW 36.70A.040. This subsection does not require any
county, city, or town planning under RCW 36.70A.040 to adopt a
comprehensive plan or development regulations before requesting or
receiving a loan or loan guarantee under this chapter if such request
is made before the expiration of the time periods specified in RCW
36.70A.040. A county, city, or town planning under RCW 36.70A.040
which has not adopted a comprehensive plan and development regulations
within the time periods specified in RCW 36.70A.040 is not prohibited
from receiving a loan or loan guarantee under this chapter if the
comprehensive plan and development regulations are adopted as required
by RCW 36.70A.040 before submitting a request for a loan or loan
guarantee.
(3) In considering awarding loans for public facilities to special
districts requesting funding for a proposed facility located in a
county, city, or town planning under RCW 36.70A.040, the board shall
consider whether the county, city, or town planning under RCW
36.70A.040 in whose planning jurisdiction the proposed facility is
located has adopted a comprehensive plan and development regulations as
required by RCW 36.70A.040.
(4) The board shall develop a priority process for public works
projects as provided in this section. The intent of the priority
process is to maximize the value of public works projects accomplished
with assistance under this chapter. The board shall attempt to assure
a geographical balance in assigning priorities to projects. The board
shall consider at least the following factors in assigning a priority
to a project:
(a) Whether the local government receiving assistance has
experienced severe fiscal distress resulting from natural disaster or
emergency public works needs;
(b) Except as otherwise conditioned by section 40 of this act,
whether the entity receiving assistance is designated as a Puget Sound
partner, as that term is defined in RCW 90.71.010;
(c) Whether the project is included in the action agenda adopted by
the Puget Sound partnership under section 13 of this act;
(d) Whether the project is critical in nature and would affect the
health and safety of a great number of citizens;
(((c))) (e) The cost of the project compared to the size of the
local government and amount of loan money available;
(((d))) (f) The number of communities served by or funding the
project;
(((e))) (g) Whether the project is located in an area of high
unemployment, compared to the average state unemployment;
(((f))) (h) Whether the project is the acquisition, expansion,
improvement, or renovation by a local government of a public water
system that is in violation of health and safety standards, including
the cost of extending existing service to such a system;
(((g))) (i) The relative benefit of the project to the community,
considering the present level of economic activity in the community and
the existing local capacity to increase local economic activity in
communities that have low economic growth; and
(((h))) (j) Other criteria that the board considers advisable.
(5) Existing debt or financial obligations of local governments
shall not be refinanced under this chapter. Each local government
applicant shall provide documentation of attempts to secure additional
local or other sources of funding for each public works project for
which financial assistance is sought under this chapter.
(6) Before November 1st of each year, the board shall develop and
submit to the appropriate fiscal committees of the senate and house of
representatives a description of the loans made under RCW 43.155.065,
43.155.068, and subsection (9) of this section during the preceding
fiscal year and a prioritized list of projects which are recommended
for funding by the legislature, including one copy to the staff of each
of the committees. The list shall include, but not be limited to, a
description of each project and recommended financing, the terms and
conditions of the loan or financial guarantee, the local government
jurisdiction and unemployment rate, demonstration of the jurisdiction's
critical need for the project and documentation of local funds being
used to finance the public works project. The list shall also include
measures of fiscal capacity for each jurisdiction recommended for
financial assistance, compared to authorized limits and state averages,
including local government sales taxes; real estate excise taxes;
property taxes; and charges for or taxes on sewerage, water, garbage,
and other utilities.
(7) The board shall not sign contracts or otherwise financially
obligate funds from the public works assistance account before the
legislature has appropriated funds for a specific list of public works
projects. The legislature may remove projects from the list
recommended by the board. The legislature shall not change the order
of the priorities recommended for funding by the board.
(8) Subsection (7) of this section does not apply to loans made
under RCW 43.155.065, 43.155.068, and subsection (9) of this section.
(9) Loans made for the purpose of capital facilities plans shall be
exempted from subsection (7) of this section.
(10) To qualify for loans or pledges for solid waste or recycling
facilities under this chapter, a city or county must demonstrate that
the solid waste or recycling facility is consistent with and necessary
to implement the comprehensive solid waste management plan adopted by
the city or county under chapter 70.95 RCW.
(11) After January 1, 2010, any project designed to address the
effects of storm water or wastewater on Puget Sound may be funded under
this section only if the project is not in conflict with the action
agenda adopted by the Puget Sound partnership under section 13 of this
act.
NEW SECTION. Sec. 40 A new section is added to chapter 43.155
RCW to read as follows:
In developing a priority process for public works projects under
RCW 43.155.070, the board shall give preferences only to Puget Sound
partners, as defined in RCW 90.71.010, over other entities that are
eligible to be designated as Puget Sound partners under chapter 90.71
RCW. Entities that are not eligible to be a Puget Sound partner, due
to geographic location, composition, exclusion from the scope of the
Puget Sound action agenda developed under section 13 of this act, or
for any other reason, shall not be given less preferential treatment
than Puget Sound partners.
Sec. 41 RCW 70.146.070 and 1999 c 164 s 603 are each amended to
read as follows:
(1) When making grants or loans for water pollution control
facilities, the department shall consider the following:
(a) The protection of water quality and public health;
(b) The cost to residential ratepayers if they had to finance water
pollution control facilities without state assistance;
(c) Actions required under federal and state permits and compliance
orders;
(d) The level of local fiscal effort by residential ratepayers
since 1972 in financing water pollution control facilities;
(e) Except as otherwise conditioned by section 40 of this act,
whether the entity receiving assistance is designated as a Puget Sound
partner, as defined in RCW 90.71.010;
(f) Whether the project is included in the action agenda adopted by
the Puget Sound partnership under section 13 of this act;
(g) The extent to which the applicant county or city, or if the
applicant is another public body, the extent to which the county or
city in which the applicant public body is located, has established
programs to mitigate nonpoint pollution of the surface or subterranean
water sought to be protected by the water pollution control facility
named in the application for state assistance; and
(((f))) (h) The recommendations of the Puget Sound ((action team))
partnership created in section 3 of this act and any other board,
council, commission, or group established by the legislature or a state
agency to study water pollution control issues in the state.
(2) Except where necessary to address a public health need or
substantial environmental degradation, a county, city, or town planning
under RCW 36.70A.040 may not receive a grant or loan for water
pollution control facilities unless it has adopted a comprehensive
plan, including a capital facilities plan element, and development
regulations as required by RCW 36.70A.040. This subsection does not
require any county, city, or town planning under RCW 36.70A.040 to
adopt a comprehensive plan or development regulations before requesting
or receiving a grant or loan under this chapter if such request is made
before the expiration of the time periods specified in RCW 36.70A.040.
A county, city, or town planning under RCW 36.70A.040 which has not
adopted a comprehensive plan and development regulations within the
time periods specified in RCW 36.70A.040 is not prohibited from
receiving a grant or loan under this chapter if the comprehensive plan
and development regulations are adopted as required by RCW 36.70A.040
before submitting a request for a grant or loan.
(3) Whenever the department is considering awarding grants or loans
for public facilities to special districts requesting funding for a
proposed facility located in a county, city, or town planning under RCW
36.70A.040, it shall consider whether the county, city, or town
planning under RCW 36.70A.040 in whose planning jurisdiction the
proposed facility is located has adopted a comprehensive plan and
development regulations as required by RCW 36.70A.040.
(4) After January 1, 2010, any project designed to address the
effects of water pollution on Puget Sound may be funded under this
chapter only if the project is not in conflict with the action agenda
adopted by the Puget Sound partnership under section 13 of this act.
NEW SECTION. Sec. 42 A new section is added to chapter 70.146
RCW to read as follows:
When making grants or loans for water pollution control facilities
under RCW 70.146.070, the department shall give preference only to
Puget Sound partners in comparison to other entities that are eligible
to be designated as Puget Sound partners under chapter 90.71 RCW.
Entities that are not eligible to be a Puget Sound partner, due to
geographic location, composition, exclusion from the scope of the Puget
Sound action agenda developed under section 13 of this act, or for any
other reason, shall not be given less preferential treatment than Puget
Sound partners.
Sec. 43 RCW 89.08.520 and 2001 c 227 s 3 are each amended to read
as follows:
(1) In administering grant programs to improve water quality and
protect habitat, the commission shall:
(a) Require grant recipients to incorporate the environmental
benefits of the project into their grant applications((,)); and ((the
commission shall utilize))
(b) In its grant prioritization and selection process, consider:
(i) The statement of environmental ((benefit[s] in its grant
prioritization and selection process.)) benefits;
(ii) Whether, except as conditioned by section 44 of this act, the
applicant is designated as a Puget Sound partner, as defined in RCW
90.71.010; and
(iii) Whether the project is included in the action agenda adopted
by the Puget Sound partnership under section 13 of this act.
(2)(a) The commission shall also develop appropriate outcome-focused performance measures to be used both for management and
performance assessment of the grant program.
(b) The commission shall work with the districts to develop uniform
performance measures across participating districts((.)) and to the
extent possible, the commission should coordinate its performance
measure system with other natural resource-related agencies as defined
in RCW 43.41.270. The commission shall consult with affected interest
groups in implementing this section.
NEW SECTION. Sec. 44 A new section is added to chapter 89.08 RCW
to read as follows:
When administering water quality and habitat protection grants
under this chapter, the commission shall give preference only to Puget
Sound partners in comparison to other entities that are eligible to be
designated as Puget Sound partners under chapter 90.71 RCW. Entities
that are not eligible to be a Puget Sound partner, due to geographic
location, composition, exclusion from the scope of the Puget Sound
action agenda developed under section 13 of this act, or for any other
reason, shall not be given less preferential treatment than Puget Sound
partners.
Sec. 45 RCW 70.105D.070 and 2005 c 488 s 926 are each amended to
read as follows:
(1) The state toxics control account and the local toxics control
account are hereby created in the state treasury.
(2) The following moneys shall be deposited into the state toxics
control account: (a) Those revenues which are raised by the tax
imposed under RCW 82.21.030 and which are attributable to that portion
of the rate equal to thirty-three one-hundredths of one percent; (b)
the costs of remedial actions recovered under this chapter or chapter
70.105A RCW; (c) penalties collected or recovered under this chapter;
and (d) any other money appropriated or transferred to the account by
the legislature. Moneys in the account may be used only to carry out
the purposes of this chapter, including but not limited to the
following activities:
(i) The state's responsibility for hazardous waste planning,
management, regulation, enforcement, technical assistance, and public
education required under chapter 70.105 RCW;
(ii) The state's responsibility for solid waste planning,
management, regulation, enforcement, technical assistance, and public
education required under chapter 70.95 RCW;
(iii) The hazardous waste cleanup program required under this
chapter;
(iv) State matching funds required under the federal cleanup law;
(v) Financial assistance for local programs in accordance with
chapters 70.95, 70.95C, 70.95I, and 70.105 RCW;
(vi) State government programs for the safe reduction, recycling,
or disposal of hazardous wastes from households, small businesses, and
agriculture;
(vii) Hazardous materials emergency response training;
(viii) Water and environmental health protection and monitoring
programs;
(ix) Programs authorized under chapter 70.146 RCW;
(x) A public participation program, including regional citizen
advisory committees;
(xi) Public funding to assist potentially liable persons to pay for
the costs of remedial action in compliance with cleanup standards under
RCW 70.105D.030(2)(e) but only when the amount and terms of such
funding are established under a settlement agreement under RCW
70.105D.040(4) and when the director has found that the funding will
achieve both (A) a substantially more expeditious or enhanced cleanup
than would otherwise occur, and (B) the prevention or mitigation of
unfair economic hardship; and
(xii) Development and demonstration of alternative management
technologies designed to carry out the top two hazardous waste
management priorities of RCW 70.105.150.
(3) The following moneys shall be deposited into the local toxics
control account: Those revenues which are raised by the tax imposed
under RCW 82.21.030 and which are attributable to that portion of the
rate equal to thirty-seven one-hundredths of one percent.
(a) Moneys deposited in the local toxics control account shall be
used by the department for grants or loans to local governments for the
following purposes in descending order of priority:
(i) Remedial actions;
(ii) Hazardous waste plans and programs under chapter 70.105 RCW;
(iii) Solid waste plans and programs under chapters 70.95, 70.95C,
70.95I, and 70.105 RCW;
(iv) Funds for a program to assist in the assessment and cleanup of
sites of methamphetamine production, but not to be used for the initial
containment of such sites, consistent with the responsibilities and
intent of RCW 69.50.511; and
(v) Cleanup and disposal of hazardous substances from abandoned or
derelict vessels, defined for the purposes of this section as vessels
that have little or no value and either have no identified owner or
have an identified owner lacking financial resources to clean up and
dispose of the vessel, that pose a threat to human health or the
environment. ((For purposes of this subsection (3)(a)(v), "abandoned
or derelict vessels" means vessels that have little or no value and
either have no identified owner or have an identified owner lacking
financial resources to clean up and dispose of the vessel.))
(b) Funds for plans and programs shall be allocated consistent with
the priorities and matching requirements established in chapters
70.105, 70.95C, 70.95I, and 70.95 RCW, except that any applicant that
is designated as a Puget Sound partner, as defined in RCW 90.71.010,
along with any project that is included in the action agenda adopted by
the Puget Sound partnership under section 13 of this act, shall, except
as conditioned by section 46 of this act, receive priority for any
available funding for any grant or funding programs or sources that use
a competitive bidding process. ((During the 1999-2001 fiscal biennium,
moneys in the account may also be used for the following activities:
Conducting a study of whether dioxins occur in fertilizers, soil
amendments, and soils; reviewing applications for registration of
fertilizers; and conducting a study of plant uptake of metals. During
the 2005-2007 fiscal biennium, the legislature may transfer from the
local toxics control account to the state toxics control account such
amounts as specified in the omnibus capital budget bill. During the
2005-2007 fiscal biennium, moneys in the account may also be used for
grants to local governments to retrofit public sector diesel equipment
and for storm water planning and implementation activities.)) (c) Funds may also be appropriated to the department of
health to implement programs to reduce testing requirements under the
federal safe drinking water act for public water systems. The
department of health shall reimburse the account from fees assessed
under RCW 70.119A.115 by June 30, 1995.
(b)
(4) Except for unanticipated receipts under RCW 43.79.260 through
43.79.282, moneys in the state and local toxics control accounts may be
spent only after appropriation by statute.
(5) One percent of the moneys deposited into the state and local
toxics control accounts shall be allocated only for public
participation grants to persons who may be adversely affected by a
release or threatened release of a hazardous substance and to not-for-profit public interest organizations. The primary purpose of these
grants is to facilitate the participation by persons and organizations
in the investigation and remedying of releases or threatened releases
of hazardous substances and to implement the state's solid and
hazardous waste management priorities. However, during the 1999-2001
fiscal biennium, funding may not be granted to entities engaged in
lobbying activities, and applicants may not be awarded grants if their
cumulative grant awards under this section exceed two hundred thousand
dollars. No grant may exceed sixty thousand dollars. Grants may be
renewed annually. Moneys appropriated for public participation from
either account which are not expended at the close of any biennium
shall revert to the state toxics control account.
(6) No moneys deposited into either the state or local toxics
control account may be used for solid waste incinerator feasibility
studies, construction, maintenance, or operation, or, after January 1,
2010, for projects designed to address the restoration of Puget Sound,
funded in a competitive grant process, that are not in conflict with
the action agenda adopted by the Puget Sound partnership under section
13 of this act.
(7) The department shall adopt rules for grant or loan issuance and
performance.
(((8) During the 2005-2007 fiscal biennium, the legislature may
transfer from the state toxics control account to the water quality
account such amounts as reflect the excess fund balance of the fund.))
NEW SECTION. Sec. 46 A new section is added to chapter 70.105D
RCW to read as follows:
When administering funds under this chapter, the department shall
give preference only to Puget Sound partners in comparison to other
entities that are eligible to be designated as Puget Sound partners
under chapter 90.71 RCW. Entities that are not eligible to be a Puget
Sound partner, due to geographic location, composition, exclusion from
the scope of the Puget Sound action agenda developed under section 13
of this act, or for any other reason, shall not be given less
preferential treatment than Puget Sound partners.
Sec. 47 RCW 79.105.150 and 2005 c 518 s 946 and 2005 c 155 s 121
are each reenacted and amended to read as follows:
(1) After deduction for management costs as provided in RCW
79.64.040 and payments to towns under RCW 79.115.150(2), all moneys
received by the state from the sale or lease of state-owned aquatic
lands and from the sale of valuable material from state-owned aquatic
lands shall be deposited in the aquatic lands enhancement account which
is hereby created in the state treasury. After appropriation, these
funds shall be used solely for aquatic lands enhancement projects; for
the purchase, improvement, or protection of aquatic lands for public
purposes; for providing and improving access to the lands; and for
volunteer cooperative fish and game projects.
(2) In providing grants for aquatic lands enhancement projects, the
((department)) interagency committee for outdoor recreation shall:
(a) Require grant recipients to incorporate the environmental
benefits of the project into their grant applications((, and the
department shall));
(b) Utilize the statement of environmental benefits, consideration,
except as provided in section 48 of this act, of whether the applicant
is designated as a Puget Sound partner, as defined in RCW 90.71.010,
and whether a project is included in the action agenda adopted by the
Puget Sound partnership under section 13 of this act, in its
prioritization and selection process((. The department shall also));
and
(c) Develop appropriate outcome-focused performance measures to be
used both for management and performance assessment of the grants.
(3) To the extent possible, the department should coordinate its
performance measure system with other natural resource-related agencies
as defined in RCW 43.41.270.
(4) The department shall consult with affected interest groups in
implementing this section.
(((3) During the fiscal biennium ending June 30, 2007, the funds
may be appropriated for boating safety, settlement costs for aquatic
lands cleanup, and shellfish management, enforcement, and enhancement
and assistance to local governments for septic system surveys and data
bases.)) (5) After January 1, 2010, any project designed to address the
effects of restoration of Puget Sound may be funded under this chapter
only if the project is not in conflict with the action agenda adopted
by the Puget Sound partnership under section 13 of this act.
NEW SECTION. Sec. 48 A new section is added to chapter 79.105
RCW to read as follows:
When administering funds under this chapter, the interagency
committee for outdoor recreation shall give preference only to Puget
Sound partners in comparison to other entities that are eligible to be
designated as Puget Sound partners under chapter 90.71 RCW. Entities
that are not eligible to be a Puget Sound partner, due to geographic
location, composition, exclusion from the scope of the Puget Sound
action agenda developed under section 13 of this act, or for any other
reason, shall not be given less preferential treatment than Puget Sound
partners.
Sec. 49 RCW 79A.15.040 and 2005 c 303 s 3 are each amended to
read as follows:
(1) Moneys appropriated for this chapter to the habitat
conservation account shall be distributed in the following way:
(a) Not less than forty percent through June 30, 2011, at which
time the amount shall become forty-five percent, for the acquisition
and development of critical habitat;
(b) Not less than thirty percent for the acquisition and
development of natural areas;
(c) Not less than twenty percent for the acquisition and
development of urban wildlife habitat; and
(d) Not less than ten percent through June 30, 2011, at which time
the amount shall become five percent, shall be used by the committee to
fund restoration and enhancement projects on state lands. Only the
department of natural resources and the department of fish and wildlife
may apply for these funds to be used on existing habitat and natural
area lands.
(2)(a) In distributing these funds, the committee retains
discretion to meet the most pressing needs for critical habitat,
natural areas, and urban wildlife habitat, and is not required to meet
the percentages described in subsection (1) of this section in any one
biennium.
(b) If not enough project applications are submitted in a category
within the habitat conservation account to meet the percentages
described in subsection (1) of this section in any biennium, the
committee retains discretion to distribute any remaining funds to the
other categories within the account.
(3) Only state agencies may apply for acquisition and development
funds for natural areas projects under subsection (1) (b) of this
section.
(4) State and local agencies may apply for acquisition and
development funds for critical habitat and urban wildlife habitat
projects under subsection (1)(a) and (c) of this section.
(5)(a) Any lands that have been acquired with grants under this
section by the department of fish and wildlife are subject to an amount
in lieu of real property taxes and an additional amount for control of
noxious weeds as determined by RCW 77.12.203.
(b) Any lands that have been acquired with grants under this
section by the department of natural resources are subject to payments
in the amounts required under the provisions of RCW 79.70.130 and
79.71.130.
(6)(a) Except as otherwise conditioned by section 50 of this act,
the committee shall consider the following in determining distribution
priority:
(i) Whether the entity applying for funding is designated as a
Puget Sound partner, as that term is defined in RCW 90.71.010; and
(ii) Whether the project is included in the action agenda adopted
by the Puget Sound partnership under section 13 of this act.
(7) After January 1, 2010, any project designed to address the
effects of restoration of Puget Sound may be funded under this chapter
only if the project is not in conflict with the action agenda adopted
by the Puget Sound partnership under section 13 of this act.
NEW SECTION. Sec. 50 A new section is added to chapter 79A.15
RCW to read as follows:
When administering funds under this chapter, the committee shall
give preference only to Puget Sound partners in comparison to other
entities that are eligible to be designated as Puget Sound partners
under chapter 90.71 RCW. Entities that are not eligible to be a Puget
Sound partner, due to geographic location, composition, exclusion from
the scope of the Puget Sound action agenda developed under section 13
of this act, or for any other reason, shall not be given less
preferential treatment than Puget Sound partners.
Sec. 51 RCW 77.85.130 and 2005 c 309 s 8, 2005 c 271 s 1, and
2005 c 257 s 3 are each reenacted and amended to read as follows:
(1) The salmon recovery funding board shall develop procedures and
criteria for allocation of funds for salmon habitat projects and salmon
recovery activities on a statewide basis to address the highest
priorities for salmon habitat protection and restoration. To the
extent practicable the board shall adopt an annual allocation of
funding. The allocation should address both protection and restoration
of habitat, and should recognize the varying needs in each area of the
state on an equitable basis. The board has the discretion to partially
fund, or to fund in phases, salmon habitat projects. The board may
annually establish a maximum amount of funding available for any
individual project, subject to available funding. No projects required
solely as a mitigation or a condition of permitting are eligible for
funding.
(2)(a) In evaluating, ranking, and awarding funds for projects and
activities the board shall give preference to projects that:
(i) Are based upon the limiting factors analysis identified under
RCW 77.85.060;
(ii) Provide a greater benefit to salmon recovery based upon the
stock status information contained in the department of fish and
wildlife salmonid stock inventory (SASSI), the salmon and steelhead
habitat inventory and assessment project (SSHIAP), and any comparable
science-based assessment when available;
(iii) Will benefit listed species and other fish species;
(iv) Will preserve high quality salmonid habitat; ((and))
(v) Are included in a regional or watershed-based salmon recovery
plan that accords the project, action, or area a high priority for
funding;
(vi) Are, except as provided in section 52 of this act, sponsored
by an entity that is designated as a Puget Sound partner, as that term
is defined in RCW 90.71.010; and
(vii) Are projects included in the action agenda adopted by the
Puget Sound partnership under section 13 of this act.
(b) In evaluating, ranking, and awarding funds for projects and
activities the board shall also give consideration to projects that:
(i) Are the most cost-effective;
(ii) Have the greatest matched or in-kind funding;
(iii) Will be implemented by a sponsor with a successful record of
project implementation; ((and))
(iv) Involve members of the veterans conservation corps established
in RCW 43.60A.150; and
(v) Are part of a regionwide list developed by lead entities.
(3) The board may reject, but not add, projects from a habitat
project list submitted by a lead entity for funding.
(4) The board shall establish criteria for determining when block
grants may be made to a lead entity. The board may provide block
grants to the lead entity to implement habitat project lists developed
under RCW 77.85.050, subject to available funding. The board shall
determine an equitable minimum amount of project funds for each
recovery region, and shall distribute the remainder of funds on a
competitive basis. The board may also provide block grants to the lead
entity or regional recovery organization to assist in carrying out
functions described under this chapter. Block grants must be expended
consistent with the priorities established for the board in subsection
(2) of this section. Lead entities or regional recovery organizations
receiving block grants under this subsection shall provide an annual
report to the board summarizing how funds were expended for activities
consistent with this chapter, including the types of projects funded,
project outcomes, monitoring results, and administrative costs.
(5) The board may waive or modify portions of the allocation
procedures and standards adopted under this section in the award of
grants or loans to conform to legislative appropriations directing an
alternative award procedure or when the funds to be awarded are from
federal or other sources requiring other allocation procedures or
standards as a condition of the board's receipt of the funds. The
board shall develop an integrated process to manage the allocation of
funding from federal and state sources to minimize delays in the award
of funding while recognizing the differences in state and legislative
appropriation timing.
(6) The board may award a grant or loan for a salmon recovery
project on private or public land when the landowner has a legal
obligation under local, state, or federal law to perform the project,
when expedited action provides a clear benefit to salmon recovery, and
there will be harm to salmon recovery if the project is delayed. For
purposes of this subsection, a legal obligation does not include a
project required solely as a mitigation or a condition of permitting.
(7) Property acquired or improved by a project sponsor may be
conveyed to a federal agency if: (a) The agency agrees to comply with
all terms of the grant or loan to which the project sponsor was
obligated; or (b) the board approves: (i) Changes in the terms of the
grant or loan, and the revision or removal of binding deed of right
instruments; and (ii) a memorandum of understanding or similar document
ensuring that the facility or property will retain, to the extent
feasible, adequate habitat protections; and (c) the appropriate
legislative authority of the county or city with jurisdiction over the
project area approves the transfer and provides notification to the
board.
(8) After January 1, 2010, any project designed to address the
effects of restoration of Puget Sound may be funded under this chapter
only if the project is not in conflict with the action agenda adopted
by the Puget Sound partnership under section 13 of this act.
NEW SECTION. Sec. 52 A new section is added to chapter 77.85 RCW
to read as follows:
When administering funds under this chapter, the board shall give
preference only to Puget Sound partners in comparison to other entities
that are eligible to be designated as Puget Sound partners under
chapter 90.71 RCW. Entities that are not eligible to be a Puget Sound
partner, due to geographic location, composition, exclusion from the
scope of the Puget Sound action agenda developed under section 13 of
this act, or for any other reason, shall not be given less preferential
treatment than Puget Sound partners.
Sec. 53 RCW 90.88.005 and 2005 c 478 s 1 are each amended to read
as follows:
(1) The legislature finds that Hood Canal is a precious aquatic
resource of our state. The legislature finds that Hood Canal is a rich
source of recreation, fishing, aquaculture, and aesthetic enjoyment for
the citizens of this state. The legislature also finds that Hood Canal
has great cultural significance for the tribes in the Hood Canal area.
The legislature therefore recognizes Hood Canal's substantial
environmental, cultural, economic, recreational, and aesthetic
importance in this state.
(2) The legislature finds that Hood Canal is a marine water of the
state at significant risk. The legislature finds that Hood Canal has
a "dead zone" related to low-dissolved oxygen concentrations, a
condition that has recurred for many years. The legislature also finds
that this problem and various contributors to the problem were
documented in the May 2004 Preliminary Assessment and Corrective Action
Plan published by the state agency known as the Puget Sound action team
and the Hood Canal coordinating council.
(3) The legislature further finds that significant research,
monitoring, and study efforts are currently occurring regarding Hood
Canal's low-dissolved oxygen concentrations. The legislature also
finds numerous public, private, and community organizations are working
to provide public education and identify potential solutions. The
legislature recognizes that, while some information and research is now
available and some potential solutions have been identified, more
research and analysis is needed to fully develop a program to address
Hood Canal's low-dissolved oxygen concentrations.
(4) The legislature finds a need exists for the state to take
action to address Hood Canal's low-dissolved oxygen concentrations.
The legislature also finds establishing an aquatic rehabilitation zone
for Hood Canal will serve as a statutory framework for future
regulations and programs directed at recovery of this important aquatic
resource.
(5) The legislature therefore intends to establish an aquatic
rehabilitation zone for Hood Canal as the framework to address Hood
Canal's low-dissolved oxygen concentrations. The legislature also
intends to incorporate provisions in the new statutory chapter creating
the designation as solutions are identified regarding this problem.
Sec. 54 RCW 90.88.020 and 2005 c 479 s 2 are each amended to read
as follows:
(1) The development of a program for rehabilitation of Hood Canal
is authorized in Jefferson, Kitsap, and Mason counties within the
aquatic rehabilitation zone one.
(2) The Puget Sound ((action team)) partnership, created in section
3 of this act, is designated as the state lead agency for the
rehabilitation program authorized in this section.
(3) The Hood Canal coordinating council is designated as the local
management board for the rehabilitation program authorized in this
section.
(4) The Puget Sound ((action team)) partnership and the Hood Canal
coordinating council must each approve and must comanage projects under
the rehabilitation program authorized in this section.
Sec. 55 RCW 90.88.030 and 2005 c 479 s 3 are each amended to read
as follows:
(1) The Hood Canal coordinating council shall serve as the local
management board for aquatic rehabilitation zone one. The local
management board shall coordinate local government efforts with respect
to the program authorized according to RCW 90.88.020. In the Hood
Canal area, the Hood Canal coordinating council also shall:
(a) Serve as the lead entity and the regional recovery organization
for the purposes of chapter 77.85 RCW for Hood Canal summer chum; and
(b) Assist in coordinating activities under chapter 90.82 RCW.
(2) When developing and implementing the program authorized in RCW
90.88.020 and when establishing funding criteria according to
subsection (7) of this section, the Puget Sound ((action team))
partnership, created in section 3 of this act, and the local management
board shall solicit participation by federal, tribal, state, and local
agencies and universities and nonprofit organizations with expertise in
areas related to program activities. The local management board may
include state and federal agency representatives, or additional
persons, as nonvoting management board members or may receive technical
assistance and advice from them in other venues. The local management
board also may appoint technical advisory committees as needed.
(3) The local management board and the Puget Sound ((action team))
partnership shall participate in the development of the program
authorized under RCW 90.88.020.
(4) The local management board and its participating local and
tribal governments shall assess concepts for a regional governance
structure and shall submit a report regarding the findings and
recommendations to the appropriate committees of the legislature by
December 1, 2007.
(5) Any of the local management board's participating counties and
tribes, any federal, tribal, state, or local agencies, or any
universities or nonprofit organizations may continue individual efforts
and activities for rehabilitation of Hood Canal. Nothing in this
section limits the authority of units of local government to enter into
interlocal agreements under chapter 39.34 RCW or any other provision of
law.
(6) The local management board may not exercise authority over land
or water within the individual counties or otherwise preempt the
authority of any units of local government.
(7) The local management board and the Puget Sound ((action team))
partnership each may receive and disburse funding for projects,
studies, and activities related to Hood Canal's low-dissolved oxygen
concentrations. The Puget Sound ((action team)) partnership and the
local management board shall jointly coordinate a process to prioritize
projects, studies, and activities for which the Puget Sound ((action
team)) partnership receives state funding specifically allocated for
Hood Canal corrective actions to implement this section. The local
management board and the Puget Sound ((action team)) partnership shall
establish criteria for funding these projects, studies, and activities
based upon their likely value in addressing and resolving Hood Canal's
low-dissolved oxygen concentrations. Final approval for projects under
this section requires the consent of both the Puget Sound ((action
team)) partnership and the local management board. Projects under this
section must be comanaged by the Puget Sound ((action team))
partnership and the local management board. Nothing in this section
prohibits any federal, tribal, state, or local agencies, universities,
or nonprofit organizations from receiving funding for specific projects
that may assist in the rehabilitation of Hood Canal.
(8) The local management board may hire and fire staff, including
an executive director, enter into contracts, accept grants and other
moneys, disburse funds, make recommendations to local governments about
potential regulations and the development of programs and incentives
upon request, pay all necessary expenses, and choose a fiduciary agent.
(9) The local management board shall report its progress on a
quarterly basis to the legislative bodies of the participating counties
and tribes and the participating state agencies. The local management
board also shall submit an annual report describing its efforts and
successes in implementing the program established according to RCW
90.88.020 to the appropriate committees of the legislature.
Sec. 56 RCW 90.88.901 and 2005 c 479 s 5 are each amended to read
as follows:
Nothing in chapter 479, Laws of 2005 provides any regulatory
authority to the Puget Sound ((action team)) partnership, created in
section 3 of this act, or the Hood Canal coordinating council.
Sec. 57 RCW 90.88.902 and 2005 c 479 s 6 are each amended to read
as follows:
The activities of the Puget Sound ((action team)) partnership,
created in section 3 of this act, and the Hood Canal coordinating
council required by chapter 479, Laws of 2005 are subject to the
availability of amounts appropriated for this specific purpose.
Sec. 58 RCW 90.48.260 and 2003 c 325 s 7 are each amended to read
as follows:
The department of ecology is hereby designated as the State Water
Pollution Control Agency for all purposes of the federal clean water
act as it exists on February 4, 1987, and is hereby authorized to
participate fully in the programs of the act as well as to take all
action necessary to secure to the state the benefits and to meet the
requirements of that act. With regard to the national estuary program
established by section 320 of that act, the department shall exercise
its responsibility jointly with the Puget Sound ((water quality
authority)) partnership, created in section 3 of this act. The
department of ecology may delegate its authority under this chapter,
including its national pollutant discharge elimination permit system
authority and duties regarding animal feeding operations and
concentrated animal feeding operations, to the department of
agriculture through a memorandum of understanding. Until any such
delegation receives federal approval, the department of agriculture's
adoption or issuance of animal feeding operation and concentrated
animal feeding operation rules, permits, programs, and directives
pertaining to water quality shall be accomplished after reaching
agreement with the director of the department of ecology. Adoption or
issuance and implementation shall be accomplished so that compliance
with such animal feeding operation and concentrated animal feeding
operation rules, permits, programs, and directives will achieve
compliance with all federal and state water pollution control laws.
The powers granted herein include, among others, and notwithstanding
any other provisions of chapter 90.48 RCW or otherwise, the following:
(1) Complete authority to establish and administer a comprehensive
state point source waste discharge or pollution discharge elimination
permit program which will enable the department to qualify for full
participation in any national waste discharge or pollution discharge
elimination permit system and will allow the department to be the sole
agency issuing permits required by such national system operating in
the state of Washington subject to the provisions of RCW 90.48.262(2).
Program elements authorized herein may include, but are not limited to:
(a) Effluent treatment and limitation requirements together with timing
requirements related thereto; (b) applicable receiving water quality
standards requirements; (c) requirements of standards of performance
for new sources; (d) pretreatment requirements; (e) termination and
modification of permits for cause; (f) requirements for public notices
and opportunities for public hearings; (g) appropriate relationships
with the secretary of the army in the administration of his
responsibilities which relate to anchorage and navigation, with the
administrator of the environmental protection agency in the performance
of his duties, and with other governmental officials under the federal
clean water act; (h) requirements for inspection, monitoring, entry,
and reporting; (i) enforcement of the program through penalties,
emergency powers, and criminal sanctions; (j) a continuing planning
process; and (k) user charges.
(2) The power to establish and administer state programs in a
manner which will insure the procurement of moneys, whether in the form
of grants, loans, or otherwise; to assist in the construction,
operation, and maintenance of various water pollution control
facilities and works; and the administering of various state water
pollution control management, regulatory, and enforcement programs.
(3) The power to develop and implement appropriate programs
pertaining to continuing planning processes, area-wide waste treatment
management plans, and basin planning.
The governor shall have authority to perform those actions required
of him or her by the federal clean water act.
Sec. 59 RCW 79A.60.520 and 1999 c 249 s 1507 are each amended to
read as follows:
The commission, in consultation with the departments of ecology,
fish and wildlife, natural resources, social and health services, and
the Puget Sound ((action team)) partnership shall conduct a literature
search and analyze pertinent studies to identify areas which are
polluted or environmentally sensitive within the state's waters. Based
on this review the commission shall designate appropriate areas as
polluted or environmentally sensitive, for the purposes of chapter 393,
Laws of 1989 only.
Sec. 60 RCW 79A.60.510 and 1999 c 249 s 1506 are each amended to
read as follows:
The legislature finds that the waters of Washington state provide
a unique and valuable recreational resource to large and growing
numbers of boaters. Proper stewardship of, and respect for, these
waters requires that, while enjoying them for their scenic and
recreational benefits, boaters must exercise care to assure that such
activities do not contribute to the despoliation of these waters, and
that watercraft be operated in a safe and responsible manner. The
legislature has specifically addressed the topic of access to clean and
safe waterways by requiring the 1987 boating safety study and by
establishing the Puget Sound ((action team)) partnership.
The legislature finds that there is a need to educate Washington's
boating community about safe and responsible actions on our waters and
to increase the level and visibility of the enforcement of boating
laws. To address the incidence of fatalities and injuries due to
recreational boating on our state's waters, local and state efforts
directed towards safe boating must be stimulated. To provide for safe
waterways and public enjoyment, portions of the watercraft excise tax
and boat registration fees should be made available for boating safety
and other boating recreation purposes.
In recognition of the need for clean waterways, and in keeping with
the Puget Sound ((action team's)) partnership's water quality work
plan, the legislature finds that adequate opportunities for responsible
disposal of boat sewage must be made available. There is hereby
established a five-year initiative to install sewage pumpout or sewage
dump stations at appropriate marinas.
To assure the use of these sewage facilities, a boater
environmental education program must accompany the five-year initiative
and continue to educate boaters about boat wastes and aquatic
resources.
The legislature also finds that, in light of the increasing numbers
of boaters utilizing state waterways, a program to acquire and develop
sufficient waterway access facilities for boaters must be undertaken.
To support boating safety, environmental protection and education,
and public access to our waterways, the legislature declares that a
portion of the income from boating-related activities, as specified in
RCW 82.49.030 and 88.02.040, should support these efforts.
Sec. 61 RCW 79.105.500 and 2005 c 155 s 158 are each amended to
read as follows:
The legislature finds that the department provides, manages, and
monitors aquatic land dredged material disposal sites on state-owned
aquatic lands for materials dredged from rivers, harbors, and shipping
lanes. These disposal sites are approved through a cooperative
planning process by the departments of natural resources and ecology,
the United States army corps of engineers, and the United States
environmental protection agency in cooperation with the Puget Sound
((action team)) partnership. These disposal sites are essential to the
commerce and well-being of the citizens of the state of Washington.
Management and environmental monitoring of these sites are necessary to
protect environmental quality and to assure appropriate use of state-owned aquatic lands. The creation of an aquatic land dredged material
disposal site account is a reasonable means to enable and facilitate
proper management and environmental monitoring of these disposal sites.
Sec. 62 RCW 77.60.130 and 2000 c 149 s 1 are each amended to read
as follows:
(1) The aquatic nuisance species committee is created for the
purpose of fostering state, federal, tribal, and private cooperation on
aquatic nuisance species issues. The mission of the committee is to
minimize the unauthorized or accidental introduction of nonnative
aquatic species and give special emphasis to preventing the
introduction and spread of aquatic nuisance species. The term "aquatic
nuisance species" means a nonnative aquatic plant or animal species
that threatens the diversity or abundance of native species, the
ecological stability of infested waters, or commercial, agricultural,
or recreational activities dependent on such waters.
(2) The committee consists of representatives from each of the
following state agencies: Department of fish and wildlife, department
of ecology, department of agriculture, department of health, department
of natural resources, Puget Sound ((water quality action team))
partnership, state patrol, state noxious weed control board, and
Washington sea grant program. The committee shall encourage and
solicit participation by: Federally recognized tribes of Washington,
federal agencies, Washington conservation organizations, environmental
groups, and representatives from industries that may either be affected
by the introduction of an aquatic nuisance species or that may serve as
a pathway for their introduction.
(3) The committee has the following duties:
(a) Periodically revise the state of Washington aquatic nuisance
species management plan, originally published in June 1998;
(b) Make recommendations to the legislature on statutory provisions
for classifying and regulating aquatic nuisance species;
(c) Recommend to the state noxious weed control board that a plant
be classified under the process designated by RCW 17.10.080 as an
aquatic noxious weed;
(d) Coordinate education, research, regulatory authorities,
monitoring and control programs, and participate in regional and
national efforts regarding aquatic nuisance species;
(e) Consult with representatives from industries and other
activities that may serve as a pathway for the introduction of aquatic
nuisance species to develop practical strategies that will minimize the
risk of new introductions; and
(f) Prepare a biennial report to the legislature with the first
report due by December 1, 2001, making recommendations for better
accomplishing the purposes of this chapter, and listing the
accomplishments of this chapter to date.
(4) The committee shall accomplish its duties through the authority
and cooperation of its member agencies. Implementation of all plans
and programs developed by the committee shall be through the member
agencies and other cooperating organizations.
Sec. 63 RCW 70.146.070 and 1999 c 164 s 603 are each amended to
read as follows:
(1) When making grants or loans for water pollution control
facilities, the department shall consider the following:
(a) The protection of water quality and public health;
(b) The cost to residential ratepayers if they had to finance water
pollution control facilities without state assistance;
(c) Actions required under federal and state permits and compliance
orders;
(d) The level of local fiscal effort by residential ratepayers
since 1972 in financing water pollution control facilities;
(e) The extent to which the applicant county or city, or if the
applicant is another public body, the extent to which the county or
city in which the applicant public body is located, has established
programs to mitigate nonpoint pollution of the surface or subterranean
water sought to be protected by the water pollution control facility
named in the application for state assistance; and
(f) The recommendations of the Puget Sound ((action team))
partnership, created in section 3 of this act, and any other board,
council, commission, or group established by the legislature or a state
agency to study water pollution control issues in the state.
(2) Except where necessary to address a public health need or
substantial environmental degradation, a county, city, or town planning
under RCW 36.70A.040 may not receive a grant or loan for water
pollution control facilities unless it has adopted a comprehensive
plan, including a capital facilities plan element, and development
regulations as required by RCW 36.70A.040. This subsection does not
require any county, city, or town planning under RCW 36.70A.040 to
adopt a comprehensive plan or development regulations before requesting
or receiving a grant or loan under this chapter if such request is made
before the expiration of the time periods specified in RCW 36.70A.040.
A county, city, or town planning under RCW 36.70A.040 which has not
adopted a comprehensive plan and development regulations within the
time periods specified in RCW 36.70A.040 is not prohibited from
receiving a grant or loan under this chapter if the comprehensive plan
and development regulations are adopted as required by RCW 36.70A.040
before submitting a request for a grant or loan.
(3) Whenever the department is considering awarding grants or loans
for public facilities to special districts requesting funding for a
proposed facility located in a county, city, or town planning under RCW
36.70A.040, it shall consider whether the county, city, or town
planning under RCW 36.70A.040 in whose planning jurisdiction the
proposed facility is located has adopted a comprehensive plan and
development regulations as required by RCW 36.70A.040.
Sec. 64 RCW 70.118.090 and 1994 c 281 s 6 are each amended to
read as follows:
The department may not use funds appropriated to implement an
element of the Puget Sound ((water quality authority plan)) partnership
action agenda to conduct any activity required under chapter 281, Laws
of 1994.
Sec. 65 RCW 43.21J.030 and 1998 c 245 s 60 are each amended to
read as follows:
(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 work force
training and education coordinating board, and the executive director
of the Puget Sound ((water quality authority)) partnership, or their
designees. The task force may seek the advice of the following
agencies and organizations: The department of community, trade, and
economic development, the conservation commission, the employment
security department, the interagency committee for outdoor recreation,
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.
Sec. 66 RCW 43.21J.040 and 1993 c 516 s 4 are each amended to
read as follows:
(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, storm water 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 ((rules adopted)) 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.
Sec. 67 RCW 28B.30.632 and 1990 c 289 s 2 are each amended to
read as follows:
(1) The sea grant and cooperative extension shall jointly
administer a program to provide field agents to work with local
governments, property owners, and the general public to increase the
propagation of shellfish, and to address Puget Sound water quality
problems within Kitsap, Mason, and Jefferson counties that may limit
shellfish propagation potential. The sea grant and cooperative
extension shall each make available the services of no less than two
agents within these counties for the purposes of this section.
(2) The responsibilities of the field agents shall include but not
be limited to the following:
(a) Provide technical assistance to property owners, marine
industry owners and operators, and others, regarding methods and
practices to address nonpoint and point sources of pollution of Puget
Sound;
(b) Provide technical assistance to address water quality problems
limiting opportunities for enhancing the recreational harvest of
shellfish;
(c) Provide technical assistance in the management and increased
production of shellfish to facility operators or to those interested in
establishing an operation;
(d) Assist local governments to develop and implement education and
public involvement activities related to Puget Sound water quality;
(e) Assist in coordinating local water quality programs with
region-wide and statewide programs;
(f) Provide information and assistance to local watershed
committees.
(3) The sea grant and cooperative extension shall mutually
coordinate their field agent activities to avoid duplicative efforts
and to ensure that the full range of responsibilities under RCW
28B.30.632 through 28B.30.636 are carried out. They shall consult with
the Puget Sound ((water quality authority)) partnership, created in
section 3 of this act, and ensure consistency with ((the authority's))
any of the Puget Sound partnership's water quality management plans.
(4) Recognizing the special expertise of both agencies, the sea
grant and cooperative extension shall cooperate to divide their
activities as follows:
(a) Sea grant shall have primary responsibility to address water
quality issues related to activities within Puget Sound, and to provide
assistance regarding the management and improvement of shellfish
production; and
(b) Cooperative extension shall have primary responsibility to
address upland and freshwater activities affecting Puget Sound water
quality and associated watersheds.
NEW SECTION. Sec. 68 RCW 90.71.902 and 90.71.903 are each
decodified.
NEW SECTION. Sec. 69 RCW 90.71.100 is recodified as a new
section in chapter 70.118 RCW.
NEW SECTION. Sec. 70 The following acts or parts of acts are
each repealed:
(1) RCW 90.71.005 (Findings) and 1998 c 246 s 13 & 1996 c 138 s 1;
(2) RCW 90.71.015 (Environmental excellence program agreements--Effect on chapter) and 1997 c 381 s 30;
(3) RCW 90.71.020 (Puget Sound action team) and 1998 c 246 s 14 &
1996 c 138 s 3;
(4) RCW 90.71.030 (Puget Sound council) and 1999 c 241 s 3 & 1996
c 138 s 4;
(5) RCW 90.71.040 (Chair of action team) and 1996 c 138 s 5;
(6) RCW 90.71.050 (Work plans) and 1998 c 246 s 15 & 1996 c 138 s
6;
(7) RCW 90.71.070 (Work plan implementation) and 1996 c 138 s 8;
(8) RCW 90.71.080 (Public participation) and 1996 c 138 s 9;
(9) RCW 90.71.900 (Short title -- 1996 c 138) and 1996 c 138 s 15;
and
(10) RCW 90.71.901 (Captions not law) and 1996 c 138 s 14.
NEW SECTION. Sec. 71
(a) By October 1, 2007, the initial appointments to the board must
be completed, as provided in section 7 of this act.
(b) By November 1, 2007, the committee shall be established, as
provided in section 9 of this act.
(c) By November 15, 2008, the council shall complete its first
review of its governmental and organizational effectiveness, as
provided in section 5 of this act.
(d) By April 15, 2008, the committee shall recommend to the council
suggested environmental indicators and time-bound benchmarks to meet
the goal of recovering Puget Sound by the year 2020.
(e) By September 1, 2008, the council shall adopt the initial
action agenda.
(f) By September 20, 2008, the partnership shall develop and submit
to the legislature recommendations to enhance and phase-in local
government accountability measures, consistent with section 26 of this
act.
(g) By September 2008, the coordination board shall advise the
council and the executive director on how to incorporate local plans
and projects into a Sound-wide set of activities that can be
incorporated into the action agenda. The board shall also recommend
priorities for local activities based on their contribution to Puget
Sound health. During the development of the priorities, the board
shall hold public meetings in various parts of Puget Sound to solicit
public comments.
(2) The definitions in RCW 90.71.010 apply to this section.
NEW SECTION. Sec. 72 Sections 3 through 24 and 26 through 31 of
this act are each added to chapter
Correct the title.