SENATE BILL REPORT

SB 5603

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Reported by Senate Committee On:

Energy, Environment & Telecommunications, February 20, 2013

Title: An act relating to establishing the Washington coastal marine advisory council.

Brief Description: Establishing the Washington coastal marine advisory council.

Sponsors: Senators Hatfield, Kohl-Welles, Shin and Ranker.

Brief History:

Committee Activity: Energy, Environment & Telecommunications: 2/20/13 [DP-WM, w/oRec].

SENATE COMMITTEE ON ENERGY, ENVIRONMENT & TELECOMMUNICATIONS

Majority Report: Do pass and be referred to Committee on Ways & Means.

Signed by Senators Ericksen, Chair; Sheldon, Vice Chair; Ranker, Ranking Member; Brown, Chase, Cleveland and Honeyford.

Minority Report: That it be referred without recommendation.

Signed by Senator Billig.

Staff: William Bridges (786-7416)

Background: Washington Coastal Marine Advisory Council (WCMAC). In 2011, the Department of Ecology (Ecology) established WCMAC, a stakeholder group that provides Ecology with a local, coastal perspective when implementing the state's coastal and ocean policy. As of October 2012, except commercial fishing and energy which each have two representatives, and coastal marine resource committees which have one representative each for a total of four, WCMAC consists of one voting representative from each of the following 14 categories:

Representatives serve three-year terms and may be reappointed. Funding to support a neutral convener and logistics for WCMAC is secured through June 30, 2013.

2012 Legislation and Governor's Veto. In 2012, the Legislature passed 2SSB 6263, which among other things, created a Washington State Coastal Solutions Council within the Office of the Governor. The council consisted of the voting members of WCMAC, as it existed on December 2011, with additional nonvoting state agency representation. The Governor vetoed the provisions creating the Washington State Coastal Solutions Council, explaining that it was unclear how the council would exercise its duties in relation to the agencies with jurisdiction over marine and coastal issues, and questioning the accountability of an autonomous body that determines its own membership.

Marine Resources Stewardship Trust Account. The Marine Resources Stewardship Trust Account is used for marine management planning, marine spatial planning, research, monitoring, implementation of the state's marine management plan, and for the restoration or enhancement of marine habitat or resources. The projected fund balance is $982,000 as of December 2012.

Summary of Bill: Establishing WCMAC in Statute. WCMAC is created in statute, housed in the Governor's Office, with the Governor appointing voting representatives from the groups represented by WCMAC on January 15, 2013. In addition, voting representatives from the following offices or departments are added to WCMAC: Governor, Ecology, Natural Resources, Fish & Wildlife, Parks, and Commerce. Representatives serve four-year terms.

WCMAC may invite liaisons from state, tribal, or local governments, federal agencies, scientific experts, and others to attend council meetings, respond to council requests for technical and policy information, perform collaborative research, and review any draft materials prepared by the council. WCMAC may also invite representatives from other coastal states or Canadian provinces to participate, when appropriate, as nonvoting members.

WCMAC must adopt bylaws and operating procedures. It may hire a neutral convener to assist with facilitation, agendas, and other WCMAC duties, consistent with available resources, although Ecology must provide primary staff and administrative support to WCMAC.

Purpose of WCMAC. WCMAC must serve as a forum for communication on state, local, and tribal policies concerning coastal waters issues, such as resource management, fisheries, shellfish aquaculture, and ocean energy. It must also provide recommendations on a variety of specific coastal management and funding issues.

Funding of WCMAC. State expenditures from the Marine Resources Stewardship Trust Account on projects and activities relating to the state's coastal waters must be made, to the maximum extent possible, consistent with WCMAC’s recommendations. If they are not, the responsible agency receiving the appropriation must provide WCMAC and appropriate legislative committees a written explanation.

Appropriation: None.

Fiscal Note: Available.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony: PRO: The people who live, work, and raise their families on the coast deserve an equal say in how state agencies mange marine spatial planning. The Governor's veto of 2SSB 6263 in 2012 greatly diminished the influence of coastal communities. Funding of coastal issues should be controlled locally. WCMAC has no regulatory or enforcement power and is a bottom-up approach to inform the Legislature and Governor. This bill will protect coastal jobs for the next generation. Tribes are not stakeholders but are sovereign governments that collaborate on a government-to-government basis. The coast is becoming increasingly important to our state economy and as new national ocean policy is being implemented, local residents and industries need to have a voice in an ongoing forum to interact with state regulators and resource managers. WCMAC will provide the coast with a voice to balance the Puget Sound perspective on marine and ocean issues. A big part of the efforts around marine spatial planning is to identify the current and future uses of the resource to appropriately resolve potential conflicts in a constructive science-based way. All the stakeholders participating in the marine spatial planning support this effort and it can only be completed with continued funding.

OTHER: Some of the powers of WCMAC as contemplated in the bill are beyond the authority of an advisory group and may even interfere with the authority of other state agencies. Tribes are not participating in the current process and this bill may not change that.

Persons Testifying: PRO: Senator Hatfield, prime sponsor; Tom Echols, Ray Toste, Dale Beasley, Coalition of Coastal Fisheries; Mike Cassinelli, City of Ilwaco; Steve Robinson, Quinalt Indian Nation.

OTHER: Jennifer Hennessey, Ecology; Michele Culver, WA Dept. of Fish and Wildlife; Carl Burke, Fish NW, NW Sportsfishing Industry Assn.

Signed in, Unable to Testify & Submitted Written Testimony: PRO: Bill Robinson, The Nature Conservancy.