2875-S.E AAS 2/29/96 S5653.1

2875-S.E AAS 2/29/96 S5653.1

ESHB 2875 - S COMM AMD

By Committee on Ways & Means

ADOPTED 2/29/96 - ROLL CALL VOTE 34-15

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. INTENT. The legislature finds that since its creation in 1985, the Puget Sound water quality authority has been largely successful in adopting a comprehensive management plan for the restoration and long-term protection of Puget Sound, which is the principal guiding document for the coordination and strengthening of programs by local governments, the private sector, and federal and state agencies. The authority has continually revised the plan to reflect new information regarding the water quality and other environmental conditions of Puget Sound, and to respond to changing state and federal funding and programmatic requirements. The legislature finds that increased emphasis should now be placed upon implementing the plan, upon assisting those primarily responsible for implementing the plan, upon the long-term monitoring of Puget Sound's environmental conditions, and upon measuring progress in the overall implementation of the management plan.

Sec. 2. RCW 90.70.001 and 1985 c 451 s 1 are each amended to read as follows:

FINDINGS--POLICY. The legislature finds that Puget Sound and related inland marine waterways of Washington state represent a unique and unparalleled resource. A rich and varied range of marine organisms, composing an interdependent, sensitive communal ecosystem reside in these sheltered waters. The legislature finds that Puget Sound is a gift of nature, central to the quality of life of all Washington citizens.

Residents of this region enjoy a way of life centered around the waters of Puget Sound, featuring accessible recreational opportunities, world-class port facilities and water transportation systems, harvest of marine food resources, shoreline-oriented life styles, water-dependent industries, tourism, irreplaceable aesthetics and other activities, all of which to some degree depend upon a clean and healthy marine resource.

((The legislature further finds that the consequences of careless husbanding of this resource have been dramatically illustrated in inland waterways associated with older and more extensively developed areas of the nation. Recent reports concerning degradation of water quality within this region's urban embayments raise alarming possibilities of similar despoliation of Puget Sound and other state waterways. These examples emphasize that the costs of restoration of aquatic resources, where such restoration is possible, greatly exceed the costs of responsible preservation.

The legislature declares that utilization of the Puget Sound resource carries a custodial obligation for preserving it. The people of the state have the unique opportunity to preserve this gift of nature, an understanding of the results of inattentive stewardship, the technical knowledge needed for control of degradation, and the obligation to undertake such control.))

The legislature further finds that the large number of governmental entities that now affect the ((~~water quality~~)) health of Puget Sound have diverse interests and limited jurisdictions which cannot adequately address the cumulative, wide-ranging impacts which contribute to the degradation of Puget Sound. ((It is therefore the policy of the state of Washington to create a single entity with adequate resources to develop a comprehensive plan for water quality protection in Puget Sound to be implemented by existing state and local government agencies.))

These entities can benefit by better coordination among themselves with state agencies and citizen organizations, and efficiencies of effort can be obtained from such coordination. Further, the legislature finds that positive incentives and technical assistance can foster a cooperative spirit that will lead to better protection of Puget Sound.

It is therefore the policy of the state of Washington that protection of Puget Sound, including continued economic and recreational uses, can be best achieved by establishing an entity to periodically revise the Puget Sound water quality management plan, and to focus its efforts on helping other state and federal agencies, local and tribal governments, businesses, and citizen organizations to implement the plan. The legislature declares that this entity, in its planning activity, shall foster coordinated research and education efforts, identify efficiencies and positive incentives that promote implementation of the plan, and provide technical assistance to state and federal agencies, local and tribal governments, and citizen organizations in their activities to implement the plan.

It is further the policy of the state of Washington to coordinate the activities of state and local agencies by establishing a biennial work plan that clearly delineates state and local actions necessary to protect and restore the biological health and diversity of Puget Sound.

Sec. 3. RCW 90.70.005 and 1985 c 451 s 2 are each amended to read as follows:

DEFINITIONS. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:

(1) "Authority" means the Puget Sound water quality authority.

(2) "Chair" means the presiding officer of the Puget Sound water quality authority.

(3) "Council" means the Puget Sound interagency advisory council created by section 6 of this act.

(4) "Plan" means the Puget Sound water quality management plan.

((~~(4)~~)) (5) "Puget Sound" means all salt waters of the state of Washington inside the international boundary line between the state of Washington and the province of British Columbia, lying east of one hundred twenty-three degrees, twenty-four minutes west longitude.

(6) "Local plans" means local watershed action plans developed pursuant to chapter 400-12 WAC.

(7) "Work plan" means the work plan and budget developed by the authority.

Sec. 4. RCW 90.70.011 and 1990 c 115 s 2 are each amended to read as follows:

AUTHORITY‑‑MEMBERSHIP. (1) There is established the Puget Sound water quality authority composed of eleven members. ((Nine members shall be appointed by the governor and confirmed by the senate. In addition, the commissioner of public lands or the commissioner's designee and the director of ecology or the director's designee shall serve as ex officio members. Three of the members shall include a representative from the counties, a representative from the cities, and a tribal representative. The director of ecology shall be chair of the authority. In making these appointments, the governor shall seek to include representation of the variety of interested parties concerned about Puget Sound water quality. Of the appointed members, at least one shall be selected from each of the six congressional districts surrounding Puget Sound.)) Nine members shall be appointed by the governor and confirmed by the senate. In making these appointments, the governor shall include representation from business, the environmental community, agriculture, the shellfish industry, counties, cities, and the tribes. The representative of counties and the representative of cities shall be a current or former elected city or county official. One member shall be a member of the senate selected by the president of the senate and one member shall be a member of the house of representatives selected by the speaker of the house of representatives. The legislative members shall be nonvoting members of the authority. Appointments to the authority shall reflect geographical balance and the diversity of population within the Puget Sound basin. Members shall serve four-year terms. Of the initial members appointed to the authority, two shall serve for two years, two shall serve for three years, and two shall serve for four years. Thereafter members shall be appointed to four-year terms. Members representing cities, counties, and the tribes shall also serve four-year staggered terms, as determined by the governor. Vacancies shall be filled by appointment in the same manner as the original appointment for the remainder of the unexpired term of the position being vacated. ((~~The executive director of the authority shall be selected by the governor and shall serve at the pleasure of the governor. The executive director shall not be a member of the authority.~~

~~(2)~~)) Members shall be compensated as provided in RCW 43.03.250. Members shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060. Legislative members shall be reimbursed as provided in RCW 44.04.120.

(2) The executive director of the authority shall be selected by the governor and shall serve at the pleasure of the governor. The executive director shall not be a member of the authority.

(3) The executive director of the authority shall be a full-time employee responsible for the administration of all functions of the authority, including hiring and terminating staff, budget preparation, contracting, coordinating with the governor, the legislature, and other state and local entities, and the delegation of responsibilities as deemed appropriate. The salary of the executive director shall be fixed by the governor, subject to RCW 43.03.040.

(4) ((~~The authority shall prepare a budget and a work plan.~~

~~(5)~~)) Not more than four employees of the authority may be exempt from the provisions of chapter 41.06 RCW.

((~~(6)~~)) (5) The executive director and staff of the authority shall be located in the Olympia area, as space becomes available. The department of general administration shall house the authority within the department of ecology.

NEW SECTION. Sec. 5. A new section is added to chapter 90.70 RCW to read as follows:

CHAIR. (1) The authority shall select a chair, who shall perform such duties and perform them for such period as the authority determines.

(2) Beginning in December 1998, and every two years thereafter, the authority shall submit a report to the appropriate policy and fiscal committees of the legislature. The report shall:

(a) Describe and evaluate the successes and shortcomings of the current work plan relative to the priority problems identified for each geographic area of Puget Sound;

(b) Describe the priority problems and actions proposed for inclusion into the next biennium's work plan for each geographic area of Puget Sound, including a description of new and ongoing activities and a breakdown of the costs of each activity, by geographic area;

(d) Describe any proposed amendments to the Puget Sound management plan.

NEW SECTION. Sec. 6. A new section is added to chapter 90.70 RCW to read as follows:

PUGET SOUND INTERAGENCY ADVISORY COUNCIL. (1) The Puget Sound interagency advisory council is created. The council shall consist of: The directors of the departments of ecology; agriculture; natural resources; fish and wildlife; and community, trade, and economic development; the secretaries of the departments of health and transportation; the director of the parks and recreation commission; the director of the interagency committee for outdoor recreation; the administrative officer of the conservation commission designated in RCW 89.08.050; the president of the University of Washington; and the president of the Washington State University. The governor shall appoint the chair of the council, who may be a staff person in the governor's office or a council member designated under this subsection. Members of the council may designate a person to act for them on the council, except that each member shall participate in the annual summit required by subsection (3) of this section. The university presidents may designate members of the sciences faculties to act as their designees on the council.

(2) The council shall convene periodically at the request of the authority to provide recommendations for improving state agency coordination and setting of priorities in plan implementation, and for improving the integration of the Puget Sound plan with other state agency programs, plans, and activities that relate to the biological health and diversity of Puget Sound.

(3) In addition to the periodic meetings under subsection (2) of this section, the council shall convene an annual summit of the council in conjunction with a meeting of the authority to address improving state agency coordination and participation in activities identified by the work plan for state agency implementation. The council shall obtain public comments at the summit to assist the council and authority in making these improvements.

(4) On or before January 1, 1997, the council, with the assistance of the authority, shall review the need for additional state assistance in the development and implementation of plans for the protection of the state's marine waters other than Puget Sound, including technical and financial assistance, and the development of comprehensive ambient monitoring programs. The review shall include assessment of the need for a state coordination mechanism or entity for this purpose. The council shall consult with local governments and other interested parties in areas adjacent to the state's marine waters in conducting the review. The council shall provide a report of its review and recommendations to the governor and the appropriate committees of the legislature by January 1, 1997.

Sec. 7. RCW 90.70.025 and 1985 c 451 s 5 are each amended to read as follows:

DUTIES. In order to carry out its responsibilities under this chapter, the authority may:

(1) ((~~Develop interim proposals and recommendations, before the plan is adopted, concerning the elements identified in RCW 90.70.060;~~

~~(2)~~)) Enter into, amend, and terminate contracts with individuals, corporations, or research institutions for the purposes of this chapter;

((~~(3)~~)) (2) Receive such gifts, grants, and endowments, in trust or otherwise, for the use and benefit of the purposes of the authority. The authority may expend the same or any income therefrom according to the terms of the gifts, grants, or endowments;

((~~(4)~~)) (3) Conduct studies and research relating to Puget Sound water quality;

((~~(5)~~)) (4) Obtain information relating to Puget Sound from other state and local agencies;

((~~(6)~~)) (5) Conduct appropriate public hearings, solicit extensive public participation, and otherwise seek to broadly disseminate information concerning Puget Sound;

((~~(7)~~)) (6) Receive and expend funding from other public agencies;

(7) Establish priorities for funding the implementation of the plan;

(8) ((~~Prepare a biennial budget request for consideration by the governor and the legislature; and~~

~~(9)~~)) Adopt rules under chapter 34.05 RCW as it deems necessary for the purposes of this chapter; and

(9) Sponsor an annual conference or workshop where all interested parties will have the opportunity to share information about the status of efforts to protect and restore Puget Sound and make recommendations for future actions to protect and restore Puget Sound.

Sec. 8. RCW 90.70.055 and 1990 c 115 s 4 are each amended to read as follows:

The authority shall:

(1) ((~~Prepare and adopt a~~)) Serve the needs of state, local, and tribal governments and agencies in implementing the plan in a coordinated and timely manner by:

(a) Providing technical assistance to state, local, and tribal governments and agencies in the design, funding, and implementation of water quality programs and projects;

(b) Assisting state, local, and tribal governments and agencies to implement the plan in ways that are consistent with other planning, regulatory, and capital facility requirements;

(c) Encouraging and assisting in the development of local comprehensive strategies for water quality and watershed health that are consistent with the goals of the plan;

(d) Seeking incentives for the development of local comprehensive water quality and watershed health strategies that support the plan by advocating for federal and state financial assistance and for flexibility in federal and state regulatory requirements to allow implementation of local strategies; and

(e) Providing dispute resolution and mediation services between public agencies and between public and private entities to achieve coordinated implementation of the plan;

(2) Revise on an ongoing basis the comprehensive Puget Sound water quality management plan((~~, as defined in RCW 90.70.060~~)) adopted by the authority in May 1994. In preparing the plan and any substantial revisions to the plan, the authority shall consult with its advisory ((~~committee or~~)) committees ((~~and~~)); appropriate federal, state, and local agencies((. The authority shall also solicit extensive participation by the public by whatever means it finds appropriate, including public hearings throughout communities bordering or near Puget Sound, dissemination of information through the news media, public notices, and mailing lists, and the organization of workshops, conferences, and seminars)); tribal governments; and private interests;

((~~(2) During the plan's initial development and any subsequent revisions, submit annual progress reports on plan revisions and implementation to the governor and the legislature.~~))

(3) ((~~Submit the plan to the governor and the legislature no later than January 1, 1987. The authority shall~~)) Review the plan at least every ((~~four~~)) six years and revise the plan, as deemed appropriate((~~, and shall submit the plan by July 1, 1994~~)). A revised plan shall be submitted to the governor and the legislature by July 1, 2000, and every ((~~four~~)) six years thereafter;

(4) Prepare a biennial "state of the Sound" report and submit such report to the governor, the legislature, and the state agencies and local governments identified in the plan. Copies of the report shall be made available to the public. The report shall describe the current condition of water quality and related resources in Puget Sound and ((~~shall~~)) include an assessment of the extent to which implementation of the plan has occurred and resulted in progress toward improving and protecting water quality in Puget Sound. Information about problems and progress shall be sought from the public and reflected in the report. The assessment shall be based upon an evaluation of performance measures required by subsection (6) of this section. The report may also include, but not be limited to:

(a) The status and condition of the resources of Puget Sound, including the results of ecological monitoring, including an assessment of the economic value of Puget Sound;

(b) Current and foreseeable trends in water quality of Puget Sound and the management of its resources;

(c) Review of significant public and private activities affecting Puget Sound and an assessment of whether such activities are consistent with the plan; and

(d) Recommendations to the governor, the legislature, and appropriate state and local agencies for actions needed to remedy any deficiencies in current policies, plans, programs, or activities relating to the water quality of Puget Sound, and recommendations concerning changes necessary to protect and improve Puget Sound water quality; ((~~and~~))

(5) Review the ((~~Puget Sound related budgets and regulatory and enforcement activities~~)) status of plan implementation efforts of state agencies with responsibilities for water quality and related resources in Puget Sound;

(6) In consultation with state agencies, local and tribal governments, and other public and private interests, 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. State agencies shall assist the authority in the development and tracking of these performance measures. The performance measures may be limited to a selected geographic area;

(7) Appoint ad hoc advisory committees and solicit public participation as necessary to facilitate plan revision, plan implementation, coordination of the ambient monitoring program, and the conduct of other duties under this chapter. The authority may form a local government advisory council and private sector advisory council for this purpose;

(8) Ensure implementation and coordination of the Puget Sound ambient monitoring program, which includes:

(a) Developing a baseline and examining differences among areas of Puget Sound for environmental conditions, natural resources, and contaminants in sediments and marine life, against which future changes can be measured;

(b) Taking measurements relating to specific program elements identified in the plan;

(d) Providing a permanent record of significant natural and human-caused changes in key environmental indicators in Puget Sound;

(e) Supporting research on Puget Sound; and

(f) Participation of each agency with responsibilities for implementing the program, as specified in the plan;

(9) Provide, promote, coordinate, and publish research on Puget Sound water quality issues;

(10) Provide and promote education and involvement of the public on the preservation and protection of water quality and marine habitat in Puget Sound; and

(11) To reduce costs and improve efficiency, review by December 1, 1996, all requirements for reports and documentation from state agencies and local governments specified in the plan and in this chapter. Based on this review, the authority shall, if appropriate, eliminate and consolidate reports, modify reporting schedules to correspond to publication of the state of the Sound report, and modify reporting requirements to support evaluation of performance measures required by subsection (6) of this section.

NEW SECTION. Sec. 9. A new section is added to chapter 90.70 RCW to read as follows:

WORK PLANS. (1) Each biennium the authority shall prepare a Puget Sound work plan and budget recommendations for funding of the plan and for state agency implementation of plan responsibilities, for submittal to the office of financial management to be included in the development of the governor's biennial budget. The work plan shall prescribe the necessary federal, state, and local actions to maintain and enhance water quality in Puget Sound, including the enhancement of recreational opportunities and the restoration of a balanced population of indigenous shellfish, fish, and wildlife.

(2) The work plan shall:

(a) Use the plan elements of the Puget Sound management plan to prioritize local and state actions necessary to restore and protect the biological health and diversity of Puget Sound. The work plan may describe the specific priorities for local actions necessary in the following locations:

(i) Area 1: Island and San Juan counties;

(ii) Area 2: Skagit and Whatcom counties;

(iii) Area 3: Clallam and Jefferson counties;

(iv) Area 4: Snohomish, King, and Pierce counties;

(v) Area 5: Kitsap, Mason, and Thurston counties;

(b) Coordinate the work plan activities with other state agency activities that have not been funded through the plan, with other local plans, and with other governmental and nongovernmental watershed restoration activities;

(c) Provide for interagency and interdisciplinary teams to provide technical assistance and watershed assessments to local governments in the areas identified in (a) of this subsection. The number of teams and the number and qualifications of personnel for each team shall be prioritized within available resources and determined to meet the priorities for actions identified in (a) of this subsection;

(d) Coordinate monitoring and research activities;

(e) Provide for funding to assist local jurisdictions to implement elements of the work plan and to develop and implement local plans; and

(f) Identify and assist in resolving policy or regulatory conflicts that may exist between agencies responsible for implementing the Puget Sound plan.

(3) Before adopting the work plan the authority shall hold public hearings to obtain public comments on the proposed work plan.

(4) The work plan shall be submitted to the appropriate policy and fiscal committees of the legislature by December 20th of each even-numbered year.

(5) The work plan shall be implemented consistent with the legislative provisos of the biennial appropriation acts.

NEW SECTION. Sec. 10. A new section is added to chapter 90.70 RCW to read as follows:

LOCAL PLANS. (1) Local governments shall implement local elements of the work plan subject to the availability of appropriated funds or other funding sources.

(2) The authority shall review the progress of local governments regarding the timely implementation of local elements of the work plan. Where prescribed actions have not been accomplished in accordance with the work plan, the responsible local government shall, at the request of the authority, submit a written explanation for the shortfalls to the authority, together with the local government's proposed remedies.

NEW SECTION. Sec. 11. A new section is added to chapter 90.70 RCW to read as follows:

STATE FUNDING PROGRAMS. (1) The authority shall review and make recommendations for a consolidated state financial assistance program to support the implementation of local plans. The recommendations should:

(a) Include measures to simplify application and funding procedures;

(b) Give priority to implementation over planning;

(d) Give priority to local plans that have secured local funding; and

(e) Give priority to counties that exercise their authority under RCW 36.94.020 as amended by chapter . . ., Laws of 1996 (Second Substitute Senate Bill No. 5247) to consolidate and coordinate their water pollution activities under a sewerage and/or water general plan.

(2) The authority shall identify administrative and legislative modifications necessary to implement the consolidated financial assistance program and shall report to the governor and the legislature by December 1, 1996.

Sec. 12. RCW 43.88.030 and 1994 c 247 s 7 and 1994 c 219 s 2 are each reenacted and amended to read as follows:

(1) The director of financial management shall provide all agencies with a complete set of instructions for submitting biennial budget requests to the director at least three months before agency budget documents are due into the office of financial management. The director shall provide agencies that are required under RCW 44.40.070 to develop comprehensive six-year program and financial plans with a complete set of instructions for submitting these program and financial plans at the same time that instructions for submitting other budget requests are provided. The budget document or documents shall consist of the governor's budget message which shall be explanatory of the budget and shall contain an outline of the proposed financial policies of the state for the ensuing fiscal period, as well as an outline of the proposed six-year financial policies where applicable, and shall describe in connection therewith the important features of the budget. The message shall set forth the reasons for salient changes from the previous fiscal period in expenditure and revenue items and shall explain any major changes in financial policy. Attached to the budget message shall be such supporting schedules, exhibits and other explanatory material in respect to both current operations and capital improvements as the governor shall deem to be useful to the legislature. The budget document or documents shall set forth a proposal for expenditures in the ensuing fiscal period, or six-year period where applicable, based upon the estimated revenues as approved by the economic and revenue forecast council or upon the estimated revenues of the office of financial management for those funds, accounts, and sources for which the office of the economic and revenue forecast council does not prepare an official forecast, including those revenues anticipated to support the six-year programs and financial plans under RCW 44.40.070. In estimating revenues to support financial plans under RCW 44.40.070, the office of financial management shall rely on information and advice from the interagency revenue task force. Revenues shall be estimated for such fiscal period from the source and at the rates existing by law at the time of submission of the budget document, including the supplemental budgets submitted in the even-numbered years of a biennium. However, the estimated revenues for use in the governor's budget document may be adjusted to reflect budgetary revenue transfers and revenue estimates dependent upon budgetary assumptions of enrollments, workloads, and caseloads. All adjustments to the approved estimated revenues must be set forth in the budget document. The governor may additionally submit, as an appendix to each supplemental, biennial, or six-year agency budget or to the budget document or documents, a proposal for expenditures in the ensuing fiscal period from revenue sources derived from proposed changes in existing statutes.

Supplemental and biennial documents shall reflect a six-year expenditure plan consistent with estimated revenues from existing sources and at existing rates for those agencies required to submit six-year program and financial plans under RCW 44.40.070. Any additional revenue resulting from proposed changes to existing statutes shall be separately identified within the document as well as related expenditures for the six-year period.

The budget document or documents shall also contain:

(a) Revenues classified by fund and source for the immediately past fiscal period, those received or anticipated for the current fiscal period, those anticipated for the ensuing biennium, and those anticipated for the ensuing six-year period to support the six-year programs and financial plans required under RCW 44.40.070;

(b) The undesignated fund balance or deficit, by fund;

(c) Such additional information dealing with expenditures, revenues, workload, performance, and personnel as the legislature may direct by law or concurrent resolution;

(d) Such additional information dealing with revenues and expenditures as the governor shall deem pertinent and useful to the legislature;

(e) Tabulations showing expenditures classified by fund, function, activity and object;

(f) A delineation of each agency's activities, including those activities funded from nonbudgeted, nonappropriated sources, including funds maintained outside the state treasury;

(g) Identification of all proposed direct expenditures to implement the Puget Sound water quality plan under chapter 90.70 RCW, shown by agency and in total. At the same time the authority provides the work plan and associated budget to the office of financial management according to the budget instructions required in subsection (1) of this section, the authority shall provide a copy to the appropriate policy and fiscal committees of the legislature; and

(h) Tabulations showing each postretirement adjustment by retirement system established after fiscal year 1991, to include, but not be limited to, estimated total payments made to the end of the previous biennial period, estimated payments for the present biennium, and estimated payments for the ensuing biennium.

(2) The budget document or documents shall include detailed estimates of all anticipated revenues applicable to proposed operating or capital expenditures and shall also include all proposed operating or capital expenditures. The total of beginning undesignated fund balance and estimated revenues less working capital and other reserves shall equal or exceed the total of proposed applicable expenditures. The budget document or documents shall further include:

(a) Interest, amortization and redemption charges on the state debt;

(b) Payments of all reliefs, judgments and claims;

(d) Expenditures incident to the operation for each agency;

(e) Revenues derived from agency operations;

(f) Expenditures and revenues shall be given in comparative form showing those incurred or received for the immediately past fiscal period and those anticipated for the current biennium and next ensuing biennium, as well as those required to support the six-year programs and financial plans required under RCW 44.40.070;

(g) A showing and explanation of amounts of general fund and other funds obligations for debt service and any transfers of moneys that otherwise would have been available for appropriation;

(h) Common school expenditures on a fiscal-year basis;

(i) A showing, by agency, of the value and purpose of financing contracts for the lease/purchase or acquisition of personal or real property for the current and ensuing fiscal periods; and

(j) A showing and explanation of anticipated amounts of general fund and other funds required to amortize the unfunded actuarial accrued liability of the retirement system specified under chapter 41.45 RCW, and the contributions to meet such amortization, stated in total dollars and as a level percentage of total compensation.

(3) A separate capital budget document or schedule shall be submitted that will contain the following:

(a) A statement setting forth a long-range facilities plan for the state that identifies and includes the highest priority needs within affordable spending levels;

(b) A capital program consisting of proposed capital projects for the next biennium and the two biennia succeeding the next biennium consistent with the long-range facilities plan. Insomuch as is practical, and recognizing emergent needs, the capital program shall reflect the priorities, projects, and spending levels proposed in previously submitted capital budget documents in order to provide a reliable long-range planning tool for the legislature and state agencies;

(d) A statement of the reason or purpose for a project;

(e) Verification that a project is consistent with the provisions set forth in chapter 36.70A RCW;

(f) A statement about the proposed site, size, and estimated life of the project, if applicable;

(g) Estimated total project cost;

(h) For major projects valued over five million dollars, estimated costs for the following project components: Acquisition, consultant services, construction, equipment, project management, and other costs included as part of the project. Project component costs shall be displayed in a standard format defined by the office of financial management to allow comparisons between projects;

(i) Estimated total project cost for each phase of the project as defined by the office of financial management;

(j) Estimated ensuing biennium costs;

(k) Estimated costs beyond the ensuing biennium;

(l) Estimated construction start and completion dates;

(m) Source and type of funds proposed;

(n) Estimated ongoing operating budget costs or savings resulting from the project, including staffing and maintenance costs;

(o) For any capital appropriation requested for a state agency for the acquisition of land or the capital improvement of land in which the primary purpose of the acquisition or improvement is recreation or wildlife habitat conservation, the capital budget document, or an omnibus list of recreation and habitat acquisitions provided with the governor's budget document, shall identify the projected costs of operation and maintenance for at least the two biennia succeeding the next biennium. Omnibus lists of habitat and recreation land acquisitions shall include individual project cost estimates for operation and maintenance as well as a total for all state projects included in the list. The document shall identify the source of funds from which the operation and maintenance costs are proposed to be funded;

(p) Such other information bearing upon capital projects as the governor deems to be useful;

(q) Standard terms, including a standard and uniform definition of maintenance for all capital projects;

(r) Such other information as the legislature may direct by law or concurrent resolution.

For purposes of this subsection (3), the term "capital project" shall be defined subsequent to the analysis, findings, and recommendations of a joint committee comprised of representatives from the house capital appropriations committee, senate ways and means committee, legislative transportation committee, legislative evaluation and accountability program committee, and office of financial management.

(4) No change affecting the comparability of agency or program information relating to expenditures, revenues, workload, performance and personnel shall be made in the format of any budget document or report presented to the legislature under this section or RCW 43.88.160(1) relative to the format of the budget document or report which was presented to the previous regular session of the legislature during an odd-numbered year without prior legislative concurrence. Prior legislative concurrence shall consist of (a) a favorable majority vote on the proposal by the standing committees on ways and means of both houses if the legislature is in session or (b) a favorable majority vote on the proposal by members of the legislative evaluation and accountability program committee if the legislature is not in session.

NEW SECTION. Sec. 13. The following acts or parts of acts are each repealed:

(1) RCW 90.70.035 and 1985 c 451 s 6;

(2) RCW 90.70.045 and 1994 c 264 s 97, 1990 c 115 s 3, 1988 c 36 s 72, & 1985 c 451 s 7;

(3) RCW 90.70.060 and 1990 c 115 s 5, 1989 c 11 s 31, & 1985 c 451 s 8;

(4) RCW 90.70.065 and 1995 c 269 s 3501, 1994 c 264 s 98, & 1990 c 115 s 9;

(5) RCW 90.70.090 and 1990 c 115 s 8; and

(6) RCW 90.70.100 and 1991 c 200 s 502.

Sec. 14. RCW 43.131.369 and 1990 c 115 s 11 are each amended to read as follows:

The Puget Sound water quality authority and its powers and duties shall be terminated on June 30, ((~~1995~~)) 2001, as provided in RCW 43.131.370.

Sec. 15. RCW 43.131.370 and 1990 c 115 s 12 are each amended to read as follows:

The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, ((~~1996~~)) 2002:

(1) Section 1, chapter 451, Laws of 1985 and RCW 90.70.001;

(2) Section 2, chapter 451, Laws of 1985 and RCW 90.70.005;

(3) Section 3, chapter 451, Laws of 1985, section 2, chapter 115, Laws of 1990 and RCW 90.70.011;

(4) Section 5, chapter 451, Laws of 1985 and RCW 90.70.025;

(5) ((~~Section 6, chapter 451, Laws of 1985 and RCW 90.70.035;~~

~~(6) Section 7, chapter 451, Laws of 1985, section 72, chapter 36, Laws of 1988, section 3, chapter 115, Laws of 1990 and RCW 90.70.045;~~

~~(7)~~)) Section 4, chapter 451, Laws of 1985, section 4, chapter 115, Laws of 1990 and RCW 90.70.055;

((~~(8) Section 8, chapter 451, Laws of 1985, section 31, chapter 11, Laws of 1989, section 5, chapter 115, Laws of 1990 and RCW 90.70.060;~~

~~(9)~~)) (6) Section 9, chapter 451, Laws of 1985, section 6, chapter 115, Laws of 1990 and RCW 90.70.070;

((~~(10)~~)) (7) Section 10, chapter 451, Laws of 1985, section 7, chapter 115, Laws of 1990 and RCW 90.70.080; and

((~~(11)~~)) (8) Section 14, chapter 451, Laws of 1985 and RCW 90.70.901.

NEW SECTION. Sec. 16. A new section is added to chapter 90.70 RCW to read as follows:

MARINE WATERS PROTECTION TRUST ACCOUNT. The marine waters protection trust account is created in the state treasury. All receipts from gifts, grants, and endowments, federal funds received to develop and implement marine waters protection plans, and state appropriations shall be deposited into the account. Moneys in the account may be spent only after appropriation for the purposes of developing and implementing marine waters protection plans.

NEW SECTION. Sec. 17. SHORT TITLE. This act may be known and cited as the Puget Sound water quality protection act.

NEW SECTION. Sec. 18. CAPTIONS NOT LAW. Captions used in this act do not constitute any part of the law.

NEW SECTION. Sec. 19. This act shall take effect June 30, 1996."

ESHB 2875 - S COMM AMD

By Committee on Ways & Means

ADOPTED 2/29/96

On page 1, line 1 of the title, after "quality;" strike the remainder of the title and insert "amending RCW 90.70.001, 90.70.005, 90.70.011, 90.70.025, 90.70.055, 43.131.369, and 43.131.370; reenacting and amending RCW 43.88.030; adding new sections to chapter 90.70 RCW; creating new sections; repealing RCW 90.70.035, 90.70.045, 90.70.060, 90.70.065, 90.70.090, and 90.70.100; and providing an effective date."