READ FIRST TIME 02/07/12.   

     AN ACT Relating to facilitating marine management planning; amending RCW 43.372.020, 43.372.030, 43.372.040, and 43.372.070; adding new sections to chapter 43.143 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 43.372.020 and 2010 c 145 s 3 are each amended to read as follows:
     (1) The office of the governor shall chair a marine interagency team that is composed of representatives of each of the agencies in the governor's natural resources cabinet with management responsibilities for marine waters, including the independent agencies. A representative from a federal agency with lead responsibility for marine spatial planning must be invited to serve as a liaison to the team to help ensure consistency with federal actions and policy. The team must ((conduct the assessment authorized in section 4, chapter 145, Laws of 2010,)) assist state agencies under RCW 43.372.030 with the review and coordination of such planning with their existing and ongoing planning((,)) and conduct the marine management planning authorized in RCW 43.372.040.
     (2) The team may not commence any activities authorized under RCW 43.372.030 and 43.372.040 until federal, private, or other ((nonstate)) funding is secured specifically for these activities.

Sec. 2   RCW 43.372.030 and 2010 c 145 s 5 are each amended to read as follows:
     (1) ((Concurrently or prior to the assessment and planning activities provided in section 4, chapter 145, Laws of 2010 and RCW 43.372.040, and)) Subject to available federal, private, or other ((nonstate)) funding for this purpose, all state agencies with marine waters planning and management responsibilities are authorized to include marine spatial data and marine spatial planning elements into their existing plans and ongoing planning.
     (2) The director of the Puget Sound partnership under the direction of the leadership council created in RCW 90.71.220 must integrate marine spatial information and planning provisions into the action agenda. The information should be used to address gaps or improve the effectiveness of the spatial planning component of the action agenda, such as in addressing potential new uses such as renewable energy projects.
     (3) The governor and the commissioner of public lands, working with appropriate marine management and planning agencies, should work cooperatively with the applicable west coast states, Canadian provinces, and with federal agencies, through existing cooperative entities such as the west coast governor's agreement on ocean health, the coastal and oceans task force, the Pacific coast collaborative, the Puget Sound federal caucus, and the United States and Canada cooperative agreement working group, to explore the benefits of developing joint marine spatial plans or planning frameworks in the shared waters of the Salish Sea, the Columbia river estuary, and in the exclusive economic zone waters. The governor and commissioner may approve the adoption of shared marine spatial plans or planning frameworks where they determine it would further policies of this chapter and chapter 43.143 RCW.
     (4) On an ongoing basis, the director of the department of ecology shall work with other state agencies with marine management responsibilities, tribal governments, marine resources committees, local and federal agencies, and marine waters stakeholders to compile marine spatial information and to incorporate this information into ongoing plans. This work may be integrated with the comprehensive marine management plan authorized under RCW 43.372.040 when that planning process is initiated.
     (5) All actions taken to implement this section must be consistent with RCW 43.372.060.

Sec. 3   RCW 43.372.040 and 2010 c 145 s 6 are each amended to read as follows:
     (1) Upon the receipt of federal, private, or other ((nonstate)) funding for this purpose, ((together with any required match of state funding that may be specifically provided for this purpose,)) the marine interagency team shall coordinate the development of a comprehensive marine management plan for the state's marine waters. The marine management plan must include marine spatial planning, as well as recommendations to the appropriate federal agencies regarding the exclusive economic zone waters.
     (2) The comprehensive marine management plan may be developed in geographic segments, and may incorporate or be developed as an element of existing marine plans, such as the Puget Sound action agenda. If the team exercises the option to develop the comprehensive marine management plan in geographic segments, it may proceed with development and adoption of marine management plans for these geographic segments on different schedules.
     (3) The chair of the team may designate a state agency with marine management responsibilities to take the lead in developing and recommending to the team particular segments or elements of the comprehensive marine management plan.
     (((2))) (4) The marine management plan must be developed and implemented in a manner that:
     (a) Recognizes and respects existing uses and tribal treaty rights;
     (b) Promotes protection and restoration of ecosystem processes to a level that will enable long-term sustainable production of ecosystem goods and services;
     (c) Addresses potential impacts of climate change and sea level rise upon current and projected marine waters uses and shoreline and coastal impacts;
     (d) Fosters and encourages sustainable uses that provide economic opportunity without significant adverse environmental impacts;
     (e) Preserves and enhances public access;
     (f) Protects and encourages working waterfronts and supports the infrastructure necessary to sustain marine industry, commercial shipping, shellfish aquaculture, and other water-dependent uses;
     (g) Fosters public participation in decision making and significant involvement of communities adjacent to the state's marine waters; and
     (h) Integrates existing management plans and authorities and makes recommendations for aligning plans to the extent practicable.
     (((3))) (5) To ensure the effective stewardship of the state's marine waters held in trust for the benefit of the people, the marine management plan must rely upon existing data and resources, but also identify data gaps and, as possible, procure missing data necessary for planning.
     (((4))) (6) The marine management plan must include but not be limited to:
     (a) An ecosystem assessment that analyzes the health and status of Washington marine waters including key social, economic, and ecological characteristics and incorporates the best available scientific information, including relevant marine data. This assessment should seek to identify key threats to plan goals, analyze risk and management scenarios, and develop key ecosystem indicators. In addition, the plan should incorporate existing adaptive management strategies underway by local, state, or federal entities and provide an adaptive management element to incorporate new information and consider revisions to the plan based upon research, monitoring, and evaluation;
     (b) Using and relying upon existing plans and processes and additional management measures to guide decisions among uses proposed for specific geographic areas of the state's marine and estuarine waters consistent with applicable state laws and programs that control or address developments in the state's marine waters;
     (c) A series of maps that, at a minimum, summarize available data on: The key ecological aspects of the marine ecosystem, including physical and biological characteristics, as well as areas that are environmentally sensitive or contain unique or sensitive species or biological communities that must be conserved and warrant protective measures; human uses of marine waters, particularly areas with high value for fishing, shellfish aquaculture, recreation, and maritime commerce; and appropriate locations with high potential for renewable energy production with minimal potential for conflicts with other existing uses or sensitive environments;
     (d) An element that sets forth the state's recommendations to the federal government for use priorities and limitations, siting criteria, and protection of unique and sensitive biota and ocean floor features within the exclusive economic zone waters consistent with the policies and management criteria contained in this chapter and chapter 43.143 RCW;
     (e) An implementation strategy describing how the plan's management measures and other provisions will be considered and implemented through existing state and local authorities; and
     (f) A framework for coordinating state agency and local government review of proposed renewable energy development uses requiring multiple permits and other approvals that provide for the timely review and action upon renewable energy development proposals while ensuring protection of sensitive resources and minimizing impacts to other existing or projected uses in the area.
     (((5))) (7) If the director of the department of fish and wildlife determines that a fisheries management element is appropriate for inclusion in the marine management plan, this element may include the incorporation of existing management plans and procedures and standards for consideration in adopting and revising fisheries management plans in cooperation with the appropriate federal agencies and tribal governments.
     (((6))) (8) Any provision of the marine management plan that does not have as its primary purpose the management of commercial or recreational fishing but that has an impact on this fishing must minimize the negative impacts on the fishing. The team must accord substantial weight to recommendations from the director of the department of fish and wildlife for plan revisions to minimize the negative impacts.
     (((7))) (9) The marine management plan must recognize and value existing uses. All actions taken to implement this section must be consistent with RCW 43.372.060.
     (((8))) (10) The marine management plan must identify any provisions of existing management plans that are substantially inconsistent with the plan.
     (((9))) (11)(a) In developing the marine management plan, the team shall implement a strong public participation strategy that seeks input from throughout the state and particularly from communities adjacent to marine waters. Public review and comment must be sought and incorporated with regard to planning the scope of work as well as in regard to significant drafts of the plan and plan elements.
     (b) The team must engage tribes and marine resources committees in its activities throughout the planning process. In particular, prior to finalizing the plan, the team must provide each tribe and marine resources committee with a draft of the plan and invite them to review and comment on the plan.
     (((10) The team must complete the plan within twenty-four months of the initiation of planning under this section.
     (11))) (12) The director of the department of ecology shall submit the completed marine management plan to the appropriate federal agency for its review and approval for incorporation into the state's federally approved coastal zone management program.
     (((12))) (13) Subsequent to the adoption of the marine management plan, the team may periodically review and adopt revisions to the plan to incorporate new information and to recognize and incorporate provisions in other marine management plans. The team must afford the public an opportunity to review and comment upon significant proposed revisions to the marine management plan.

Sec. 4   RCW 43.372.070 and 2011 c 250 s 2 are each amended to read as follows:
     (1) The marine resources stewardship trust account is created in the state treasury. All receipts from income derived from the investment of amounts credited to the account, any grants, gifts, or donations to the state for the purposes of marine management planning, marine spatial planning, data compilation, research, or monitoring, and any appropriations made to the account must be deposited in the account. Moneys in the account may be spent only after appropriation.
     (2) Expenditures from the account may only be used for the purposes of marine management planning, marine spatial planning, research, monitoring, and implementation of the marine management plan((, and for the restoration or enhancement of marine habitat or resources)).
     (3) ((When moneys are deposited into the marine resources stewardship trust account, the governor must provide recommendations on expenditures from the account to the appropriate committees of the legislature prior to the next regular legislative session. The recommended projects and activities must be consistent with:
     (a) The allowable uses of the marine resources stewardship trust account; and
     (b) The priority areas identified in)) Until July 1, 2016, expenditures from the account may only be used for the purposes of:
     (a) Conducting ecosystem assessment and mapping activities in marine waters consistent with RCW 43.372.040(6) (a) and (c), with a focus on assessment and mapping activities related to marine resource uses and developing potential economic opportunities;
     (b) Developing a marine management plan for the state's coastal waters as that term is defined in RCW 43.143.020; and
     (c) Coordination under the west coast governors' agreement on ocean health, entered into on September 18, 2006, ((and recognized in section 1, chapter 250, Laws of 2011)) and other regional planning efforts consistent with RCW 43.372.030.

     *NEW SECTION.  Sec. 5   A new section is added to chapter 43.143 RCW to read as follows:
     (1)(a) The Washington state coastal solutions council is established in the executive office of the governor to fulfill the duties established in section 6 of this act. The council is composed of the following nonvoting members:
     (i) The governor or the governor's designee;
     (ii) The director or commissioner, or the director's or commissioner's designee, of the following agencies:
     (A) The department of ecology;
     (B) The department of natural resources;
     (C) The department of fish and wildlife;
     (D) The state parks and recreation commission; and
     (E) The department of commerce.
     (b) The following members of the coastal advisory body on ocean policy formed by the department of ecology in December 2011 are the initial voting members of the council:
     (i) A citizen from a coastal community;
     (ii) Two representatives from commercial fishing associations;
     (iii) A representative from a coastal conservation group;
     (iv) A representative from a coastal economic development group;
     (v) A representative from an educational institution;
     (vi) A person representing recreation;
     (vii) A representative from a recreational fishing organization;
     (viii) A person representing shellfish aquaculture;
     (ix) A representative from the shipping industry;
     (x) A representative from a science organization; and
     (xi) A representative from each outer coast marine resources committee, to be selected by the marine resources committee.
     (c) The council must adopt bylaws addressing future membership of the council as well as how vacancies in the membership will be filled.
     (d) The council must adopt bylaws addressing future membership of the coastal advisory body on ocean policy as well as how vacancies in the membership will be filled.
     (2) The council may invite state, tribal, local governments, and federal agencies with responsibility for the study and management of ocean resources or regulation of ocean activities to designate a liaison to the council to attend council meetings, respond to council requests for technical and policy information, and review any draft materials prepared by the council. The council may also invite representatives from other coastal states or Canadian provinces to participate when appropriate as nonvoting members.
     (3) A voting member identified under subsection (1)(b) of this section must serve as the chair of the council. The term of the chair is one year. The initial chair of the council must be nominated and elected by a majority of voting councilmembers at the first meeting of the council. The chair's term begins on the effective date of this section. At the expiration of each chair's term, the next chair must be nominated and elected by a majority of voting councilmembers. The agenda for each meeting must be developed as a collaborative process by voting and nonvoting members.
     (4) The council shall utilize a consensus approach to decision making among voting and nonvoting members. The council may put a decision to a vote among voting members only, in the event that consensus cannot be reached. The council must include in its bylaws guidelines describing how consensus works and when a lack of consensus among councilmembers will trigger a vote by voting members only.
     (5) If nonstate funding is secured, the council may hire a neutral convener to assist it in the performance of its duties, including but not limited to establishing bylaws and setting meeting agenda.
     (6) The department of ecology shall provide administrative and staff support for the council.
     (7) The council must meet at least twice each year.
     (8) A majority of the voting members of the council constitutes a quorum for the transaction of business.
     (9) The term of office of each member appointed by the governor, or the governing body of a county, is four years. Members are eligible for reappointment.
     *Sec. 5 was vetoed. See message at end of chapter.

     *NEW SECTION.  Sec. 6   A new section is added to chapter 43.143 RCW to read as follows:
     The duties of the Washington state coastal solutions council created in section 5 of this act are to:
     (1) Serve as a forum for communication in order to seek consistency in state, local, and tribal policies concerning coastal waters issues, including issues relating to resource management, fisheries, shellfish aquaculture, marine and coastal hazards, ocean energy, and coastal waters research and education issues;
     (2) Serve as a point of contact for, and collaborate with, the federal government, regional entities, and other state governments, regarding coastal waters issues;
     (3) Provide a forum to discuss coastal waters resource policy, planning, and management issues, and, when appropriate, mediate disagreements;
     (4) Serve as an interagency resource to respond to issues facing coastal communities and coastal waters resources in a collaborative manner;
     (5) Identify and pursue public and private funding opportunities for the programs and activities of the council, and for relevant programs and activities of member entities;
     (6) Provide policy recommendations to the governor, the legislature, and state and local agencies on specific coastal waters resource management issues including:
     (a) Principles and standards required for emerging new coastal uses;
     (b) Data gaps and opportunities for scientific research addressing coastal needs and concerns;
     (c) Implementation of Washington's ocean action plan 2006;
     (d) Development and implementation of coast-wide goals and strategies including marine spatial planning; and
     (e) A coastal perspective regarding cross-boundary coastal issues;
     (7) Establish bylaws based on existing documents of the coastal advisory body on ocean policy referred to under section 5(1)(b) of this act.
     *Sec. 6 was vetoed. See message at end of chapter.

NEW SECTION.  Sec. 7   If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2012, in the omnibus appropriations act, this act is null and void.