S-3146

AN ACT Relating to environmental strategies; adding a new chapter to Title 43 RCW; creating a new section; making an appropriation; and providing an expiration date.

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

NEW SECTION. Sec. 1. COMMISSION ON ENVIRONMENTAL STRATEGIES CREATED. (1) There is created a temporary commission to be known as the commission on environmental strategies.

(2) The commission shall consist of twelve members as follows:

(a) Four members appointed by the governor as representatives of business and industry, agriculture, local government, and environmental organizations;

(b) Four members appointed jointly by the president of the senate and the speaker of the house of representatives as representatives of business and industry, agriculture, local government, and environmental organizations; and

(c) One representative from each of the four legislative caucuses to be appointed by the president of the senate and the speaker of the house of representatives.

(3) The chair and vice-chair shall be selected by the commission at its first meeting, which shall be called by the governor within sixty days of the effective date of this act.

(4) The directors of the office of financial management and the department of ecology or their designee shall serve as nonvoting members of the commission. A representative of the United States environmental protection agency shall also be invited to serve on the commission as a nonvoting member.

(5) Whenever the commission considers the subject of the relationship and integration of the state's environmental and growth management programs, the director of the department of community development shall participate on the commission as a nonvoting member. Whenever the commission considers subjects relating to drinking water quality or quantity the secretary of the department of health shall participate on the commission as a nonvoting member.

(6) The commission may create such subcommittees and advisory bodies for technical, fiscal, or other expertise as will facilitate the commission's performance of its duties.

NEW SECTION. Sec. 2. COMMISSION DUTIES. The commission shall develop recommendations for legislative and executive consideration and implementation that will:

(1) Increase the reliance upon environmental strategies that emphasize market incentives, pollution prevention, public education, and technical assistance;

(2) Reduce inefficiency, duplication, and inconsistency in program implementation by local, state, and federal agencies;

(3) Integrate the state's environmental and growth management programs into a comprehensive strategy with mutually reinforcing goals and objectives;

(4) Ensure that the relative priority of environmental threats to the state is a central consideration in the development of state operating and capital budgets for environmental programs;

(5) Achieve a uniform, consistent, and high-quality assessment of the state's environmental quality and management of the data relating to environmental quality, and establish a system to assess state-wide environmental trends over time to assist in developing policies and budgets; and

(6) Reduce or eliminate environmental programs or activities that do not provide a substantial contribution to maintaining the state's environmental quality.

NEW SECTION. Sec. 3. RELIANCE UPON ALTERNATIVE ENVIRONMENTAL STRATEGIES. (1) In conducting its duties relating to increasing reliance upon alternative environmental strategies, the commission shall review existing environmental programs in the state of Washington, to assess their capability to address the environmental threats anticipated in the state over the next twenty years as identified in existing reports such as the environment 2010 report. The commission shall further review and make specific recommendations for legislative and administrative action to implement alternative methods to achieve comparable or greater environmental protection in a cost-efficient manner, considering both public and private costs. Examples which the commission may consider include, but are not limited to:

(a) Market incentives, such as marketable permits or auctions of emission allowances;

(b) Consolidated permits that integrate two or more existing permit requirements for a single land use or activity;

(c) Expansion of bubble and offset policies where allowed in existing programs, and extension of such policies to other programs;

(d) Pollution prevention programs;

(e) Increased public and consumer education to achieve voluntary actions where cumulative impacts of numerous activities make traditional regulatory methods not practical;

(f) Reduced permit requirements for closed-loop industrial processes;

(g) Greater reliance upon technical assistance to regulated entities to achieve compliance with reduced reliance upon enforcement.

(2) The commission may recommend that one or more pilot projects be implemented as a result of its review under this section. Where the commission determines that a pilot project may be implemented without further legislative action and within existing budgetary resources, the commission shall direct its recommendations to the director of the state agency with jurisdiction over the subject of the project. Within ninety days of the receipt of the commission's recommendations, the director shall either develop a workplan for implementing the project, or decline the recommendations on the basis of lack of legislative authority or budgetary resources. A statement detailing the basis for declining the recommendations shall be provided to the commission by the director.

(3) In conducting its review under this section the commission shall identify obstacles to implementing recommended alternative environmental strategies due to federal law constraints, and shall make recommendations on methods to obtain necessary federal approvals to remove the obstacles.

NEW SECTION. Sec. 4. BUDGETS AND FUNDING FOR ENVIRONMENTAL PROGRAMS. (1) The commission shall review the relative risk of those environmental threats addressed by existing state programs, and compare this risk with the relative levels of fiscal resources committed in the operating and capital budgets of the programs. In determining the relative risk the commission may rely upon existing reports such as those prepared under the environment 2010 project and other reports prepared by the department of ecology and the United States environmental protection agency. The commission shall make recommendations on existing and future budgetary levels to achieve greater total risk reduction when considering all environmental threats addressed by state programs.

(2) The commission shall also review and make recommendations for changes in budget development procedures within state agencies and the office of financial management to achieve greater consistency of budgetary levels with the relative risk from environmental threats. For this purpose the commission shall review the restrictions within existing dedicated fund sources for environmental programs and make recommendations for changes to such funds for greater flexibility to address the most significant environmental threats.

(3) The commission shall analyze proposals for environmental trust funds and make recommendations regarding the creation of such a fund or funds for the purpose of providing comprehensive mechanisms to better address environmental threats as they change over time.

NEW SECTION. Sec. 5. REVIEW OF FEDERALLY DELEGATED PROGRAMS. The commission shall review those environmental programs administered by the state of Washington under delegation from the federal government and make recommendations regarding whether state administration of any program or portion of a program should be terminated. In conducting its review the commission shall consider both fiscal and program efficiencies as well as the impact upon persons regulated by the program. The commission shall also consider the degree to which the federal government duplicates state enforcement and administration, and the extent of federal financial assistance to the state for program administration.

NEW SECTION. Sec. 6. SUNSET OF ENVIRONMENTAL PROGRAMS. (1) The commission shall review and make recommendations to the legislature on the sunset of environmental programs which duplicate other programs or which address relatively insignificant environmental threats.

(2) On or before December 1, 1994, the commission shall make recommendations on whether those programs subject to termination by sections 7, 8, and 9 of this act should be extended or extended with modifications.

NEW SECTION. Sec. 7. ECOLOGICAL COMMISSION TERMINATED. (1) The ecological commission and its powers and duties are terminated on June 30, 1995.

(2) The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 1995:

(a) RCW 43.21A.170 and 1989 1st ex.s c. 9 s 217, 1988 c 36 s 15, 1985 c 466 s 50, 1979 c 141 s 68, & 1970 ex.s. c 62 s 17;

(b) RCW 43.21A.180 and 1984 c 287 s 76, 1975-'76 2nd ex.s. c 34 s 100, & 1970 ex.s. c 62 s 18;

(d) RCW 43.21A.200 and 1977 c 75 s 47 & 1970 ex.s. c 62 s 20; and

(e) RCW 43.21A.210 and 1970 ex.s. c 62 s 21.

NEW SECTION. Sec. 8. LITTER PROGRAM TERMINATED. (1) Those portions of the state's litter control program as are specified in subsection (2) of this section are terminated on June 30, 1995.

(2) The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 1995:

(a) RCW 70.93.020 and 1991 c 319 s 101, 1979 c 94 s 2, 1975-'76 2nd ex.s. c 41 s 7, & 1971 ex.s. c 307 s 2;

(b) RCW 70.93.050 and 1980 c 78 s 132, 1979 c 94 s 4, & 1971 ex.s. 307 s 5;

(d) RCW 70.93.100 and 1981 c 260 s 15;

(e) RCW 70.93.194 and 1979 c 94 s 9;

(f) RCW 70.93.200 and 1979 c 94 s 7 & 1971 ex.s. c 307 s 20;

(g) RCW 70.93.210 and 1979 c 94 s 8 & 1971 ex.s. c 307 s 21; and

(h) RCW 70.93.230 and 1983 c 277 s 4 & 1971 ex.s. c 307 s 23.

NEW SECTION. Sec. 9. ENVIRONMENTAL COORDINATION PROCEDURES ACT TERMINATED. (1) The provisions of the environmental coordination procedures act as specified in subsection (3) of this section are terminated on June 30, 1995.

(2) The commission in its report required by section 6 of this act shall make recommendations for adoption by the legislature of a program to actually coordinate and consolidate environmental permits, consistent with the original intent of the environmental coordination procedures act.

(3) The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 1995:

(a) RCW 90.62.010 and 1982 c 179 s 1, 1977 c 54 s 1, & 1973 1st ex.s. c 185 s 1;

(b) RCW 90.62.020 and 1988 c 36 s 71, 1977 c 54 s 2, & 1973 1st ex s. c 185 s 2;

(d) RCW 90.62.040 and 1990 c 137 s 1, 1977 c 54 s 3, & 1973 1st ex.s. c 185 s 4;

(e) RCW 90.62.050 and 1977 c 54 s 4 & 1973 1st ex.s. c 185 s 5;

(f) RCW 90.62.060 and 1982 c 179 s 2, 1977 c 54 s 5, & 1973 1st ex.s. c 185 s 6;

(g) RCW 90.62.070 and 1973 1st ex.s. c 185 s 7;

(h) RCW 90.62.080 and 1987 c 109 s 156, 1977 c 54 s 6, & 1973 1st ex.s. c 185 s 8;

(i) RCW 90.62.090 and 1977 c 54 s 7 & 1973 1st ex.s. c 185 s 9;

(j) RCW 90.62.100 and 1977 c 54 s 8 & 1973 1st ex.s. c 185 s 10;

(k) RCW 90.62.110 and 1973 1st ex.s. c 185 s 11;

(l) RCW 90.62.120 and 1973 1st ex.s. c 185 s 12;

(m) RCW 90.62.130 and 1977 c 54 s 9;

(n) RCW 90.62.900 and 1973 1st ex.s. c 185 s 13;

(o) RCW 90.62.901 and 1973 1st ex.s. c 185 s 14;

(p) RCW 90.62.904 and 1973 1st ex.s. c 185 s 15;

(q) RCW 90.62.905 and 1973 1st ex.s. c 185 s 16;

(r) RCW 90.62.906 and 1973 1st ex.s. c 185 s 18;

(s) RCW 90.62.907 and 1973 1st ex.s. c 185 s 19; and

(t) RCW 90.62.908 and 1977 c 54 s 10.

NEW SECTION. Sec. 10. INTEGRATION OF ENVIRONMENTAL QUALITY AND GROWTH MANAGEMENT PROGRAMS. (1) The commission shall review the state's environmental quality and growth management programs and make recommendations to integrate the programs to achieve mutually reinforcing goals and objectives and to reduce overlapping and inconsistent requirements for land uses and other activities subject to both. The commission shall identify opportunities for combining programs which regulate similar uses to achieve similar growth management and environmental protection objectives.

(2) As part of the review required by this section the commission shall make specific recommendations to integrate the requirements of the shoreline management act under chapter 90.58 RCW and the growth management act, chapter 36.70A RCW, into a single program applicable within shoreline areas for those jurisdictions preparing comprehensive plans under chapter 36.70A RCW.

NEW SECTION. Sec. 11. ENVIRONMENTAL STATISTICS AND TRENDS. The commission shall review existing programs for the collection, maintenance, and dissemination of environmental quality data, and shall make recommendations for the creation of a single, state-wide, geographically based system for the maintenance of environmental quality data, statistics, and trends. The program should be designed to be administered by a single authority responsible for maintaining environmental quality information based upon raw monitoring and other data collected by other entities. The commission shall make recommendations on methodologies to establish and maintain trend analyses for environmental parameters that will be useful for program administration, policy development, environmental budgeting, as well as understandable to the public. The recommended program should ensure high quality and objective data and analyses.

NEW SECTION. Sec. 12. COMMISSION WORKPLAN. By December 1, 1992, the commission shall submit a workplan to the legislative standing committees on the environment on carrying out the duties of this chapter during the three-year period of the commission's existence. The commission shall endeavor to set priorities under the workplan to complete and submit reports requiring legislative action to coincide with the commencement of the regular sessions of the legislature. Periodic reports of the commission's progress in completing the three-year workplan shall be provided to the legislative standing committees on the environment.

NEW SECTION. Sec. 13. COMPENSATION. Nonlegislative members of the commission shall be reimbursed for travel expenses for attending meetings of the commission or any commission subgroups as provided for in RCW 43.03.050 and 43.03.060. Legislative members shall be reimbursed for travel expenses for attending meetings of the commission as provided for in RCW 44.04.120.

NEW SECTION. Sec. 14. STAFF. The office of financial management and the legislature shall provide staff as required by the commission to conduct its duties under this chapter. All agencies of state and local government shall cooperate fully with the commission in carrying out its duties under this chapter, and to extent permitted by law shall provide all information requested by the commission.

NEW SECTION. Sec. 15. The commission may receive and spend gifts, grants, and endowments from private or nonstate sources to carry out the purposes of this chapter.

NEW SECTION. Sec. 16. The commission may contract for such services as are necessary to supplement the staff as provided in section 15 of this act.

NEW SECTION. Sec. 17. The sum of .............. or as much thereof as may be necessary, is appropriated to the office of financial management from the general fund for the biennium ending June 30, 1993, for the purposes of this act.

NEW SECTION. Sec. 18. Sections 1 through 6, and 10 through 16 of this act, and the commission on environmental strategies shall expire June 30, 1995.

NEW SECTION. Sec. 19. Captions used in sections 1 through 14 of this act do not constitute part of the law.

NEW SECTION. Sec. 20. Sections 1 through 16, and 18 shall constitute a new chapter in Title 43 RCW.