2875-S.E [atlas:bill]

AN ACT Relating to water quality; amending RCW 90.70.065, 43.21A.064, 43.70.040, 43.99.025, and 43.300.040; reenacting and amending RCW 47.01.101 and 43.88.030; adding a new section to chapter 28B.20 RCW; adding a new section to chapter 28B.30 RCW; adding a new section to chapter 43.23 RCW; adding a new section to chapter 43.30 RCW; adding a new section to chapter 43.51 RCW; adding a new section to chapter 77.12 RCW; adding a new section to chapter 89.08 RCW; adding a new chapter to Title 90 RCW; recodifying RCW 90.70.065 and 90.70.902; repealing RCW 90.70.027, 90.70.075, 90.70.090, and 90.70.100; making appropriations; and declaring an emergency.

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

NEW SECTION. Sec. 1. FINDINGS. (1) The legislature finds that:

(a) Puget Sound and related inland marine waterways of Washington state represent a unique and unparalleled resource. A rich and varied range of marine organisms, comprising an interdependent, sensitive communal ecosystem reside in these sheltered waters. 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;

(b) The Puget Sound water quality authority has done an excellent job in developing a comprehensive plan to identify actions to restore and protect the biological health and diversity of Puget Sound;

(c) The large number of governmental entities that now have regulatory programs affecting the water quality of Puget Sound have diverse interests and limited jurisdictions that cannot adequately address the cumulative, wide-ranging impacts that contribute to the degradation of Puget Sound; and

(d) Coordination of the regulatory programs, at the state and local level, is best accomplished through the development of interagency mechanisms that allow these entities to transcend their diverse interests and limited jurisdictions.

(2) It is therefore 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. It is further the policy of the state to implement the Puget Sound water quality management plan to the maximum extent possible.

NEW SECTION. Sec. 2. DEFINITIONS. 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.

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

(3) "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.

(4) "Work plan" means the work plan and budget developed by the action team.

NEW SECTION. Sec. 3. PUGET SOUND ACTION TEAM. (1) The Puget Sound action team is created. The action team 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; the president of the Washington State University; and the chair of the action team.

(2) The action team shall:

(a) Develop and implement a work plan and budget as provided in section 5 of this act. In developing a work plan, the action team shall meet the following objectives:

(i) 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;

(ii) Consider the problems and priorities identified in local plans; and

(iii) Coordinate the work plan activities with other relevant activities, including but not limited to, agencies' activities that have not been funded through the plan, local plans, and governmental and nongovernmental watershed restoration activities.

(b) Coordinate assignment of staff;

(d) Assist in the revision of the nonpoint rules and storm water runoff rules as provided in section 9 of this act;

(e) Work under the direction of the action team chair as provided in section 4 of this act;

(f) Coordinate permitting requirements as necessary to expedite permit issuance for any local watershed plan developed pursuant to rules adopted under this chapter;

(g) Identify and resolve any policy or rule conflicts that may exist between one or more agencies represented on the action team; and

(h) Periodically amend the Puget Sound management plan. The action team shall include any proposed plan amendment in its work plan submitted to the legislature prior to amending the plan.

(3) By June 1, 1996, the action team shall begin developing its initial work plan, including assigning and coordinating necessary support staff.

(4) All proceedings of the action team are subject to the open public meetings act under chapter 42.30 RCW.

NEW SECTION. Sec. 4. GOVERNOR'S OFFICE. (1) By May 1, 1996, the governor shall appoint a person in the governor's office to chair the action team.

(2) The chair shall be responsible for:

(a) Organizing the development of the work plan required under section 5 of this act;

(b) Presenting work plan and budget recommendations to the governor and the legislature;

(c) Overseeing the implementation of the elements of the work plan that receive funding through appropriations by the legislature; and

(d) Coordinate the transfer of appropriate data from the Puget Sound water quality authority, including but not limited to, its library, files, data bases, contracts, and grants.

(3) Beginning in December 1998, and every two years thereafter, the chair 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. 5. WORK PLANS. (1) Each biennium, the action team shall prepare a Puget Sound work plan and budget for inclusion in the governor's biennial budget. The work plan shall prescribe the necessary federal, state, and local actions to maintain and enhance Puget Sound water quality, including but not limited to, enhancement of recreational opportunities, and restoration of a balanced population of indigenous shellfish, fish, and wildlife.

(2) In addition to the requirements identified under section 3 (2)(a) of this act, the work plan and budget shall:

(a) Identify and prioritize the local and state actions necessary to address the water quality problems 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; and

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

(b) Provide sufficient funding to create interagency and interdisciplinary teams as follows:

(i) At least one watershed assessment team, modeled after the Puget Sound river basin team, to characterize local watersheds at the request of a county;

(ii) At least one technical assistance team in each geographic district identified under subsection (2)(a) of this section. Each technical assistance team shall implement identified work plan activities and provide technical assistance to local governments involved in planning or implementing a local plan and to entities implementing local plans;

The number and qualifications of personnel for each team shall be determined by the types of problems identified pursuant to (a) of this subsection;

(c) Provide sufficient funding to implement and coordinate the Puget Sound ambient monitoring plan pursuant to RCW 90.70.065 (as recodified by this act);

(d) Provide funds to assist local jurisdictions to implement elements of the work plan assigned to local governments, and to develop and implement local plans. Issuance of grants and loans to local jurisdictions shall be consistent with the criteria established under section 9(1) of this act; and

(e) Provide sufficient funding to provide administrative and oversight support for the action team.

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

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

Sec. 6. RCW 90.70.065 and 1995 c 269 s 3501 are each amended to read as follows:

(1) In addition to other powers and duties specified in this chapter, the ((~~authority~~)) action team shall ensure implementation and coordination of the Puget Sound ambient monitoring program established in the Puget Sound management plan ((~~under RCW 90.70.060(12)~~)). The program shall include, at a minimum:

(a) ((~~Develop a baseline and examine differences among areas of Puget Sound, for environmental conditions, natural resources, and contaminants in seafood, against which future changes can be measured;~~

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

~~(c) Measure the progress of the ambient monitoring programs implemented under the plan;~~

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

~~(e) Help support research on Puget Sound.~~

~~(2) Each state agency with responsibilities for implementing the Puget Sound ambient monitoring program, as specified in the plan, shall participate in the program.~~)) 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;

(b) A monitoring program, including protocols, guidelines, and quantifiable performance measures. These performance measures shall be established in a manner so as to be used by the governor, the legislature, and the action team 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 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.

NEW SECTION. Sec. 7. LOCAL PLANS. (1) Local governments are required to implement local elements of the work plan subject to the availability of appropriated funds or other funding sources.

(2) The action team 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 action team, submit written explanations for the shortfalls, together with the local government's proposed remedies, to the action team.

NEW SECTION. Sec. 8. PUBLIC PARTICIPATION. The chair of the action team shall hold public hearings to solicit public comment on the work plan.

NEW SECTION. Sec. 9. RULE MAKING. (1) By January 1, 1997, the department of ecology shall adopt chapter 400-12 WAC with revisions as determined by the action team. The action team shall make revisions that:

(a) Direct counties to develop a prioritized list of watershed improvement projects;

(b) Identify all funding sources that can be used to implement local plans;

(d) Coordinate provisions relating to storm water with revisions to chapter 173-270 WAC.

(2) By July 1, 1997, the department of ecology shall revise its storm water runoff rule, chapter 173-270 WAC, based on determinations made by the action team. In making revisions to this rule, the action team shall:

(a) Reduce the overlap and streamline storm water rules, including but not limited to the coordination of requirements established through storm water discharge permits;

(b) Identify and prioritize storm water retrofit programs;

(d) Establish roles and responsibilities of state agencies to provide technical assistance and to facilitate technology transfer;

(e) Develop methods for monitoring and evaluating activities carried out under the program;

(f) Determine a process for evaluating off-site placement of storm water facilities and out-of-kind mitigation for storm water impact within a watershed in which a transportation project is located;

(g) Ensure adequate maintenance of storm water facilities;

(h) Identify potential funding sources and develop funding mechanisms to implement the regulatory requirements of this rule;

(i) Impose rules on a schedule that can be accomplished within available funds; and

(j) Coordinate provisions relating to mitigation in chapter 400-12 WAC.

(3) The department of ecology shall submit a copy of the rule to the action team after the public hearing process and before final adoption of the rule.

NEW SECTION. Sec. 10. CONSOLIDATED FUNDING. (1) The action team shall design a funding mechanism to support the implementation of local plans. The funding mechanism is intended to provide grants or loans from any combination of fund sources available to the action team through its members' existing budgets. In implementing the funding mechanism, the action team shall make every effort to keep the application and funding process simple for those applying.

(2) The action team shall identify any existing fund sources that may need statutory modification in order to be used to implement the work plan or to provide to local jurisdictions to implement local plans. The action team shall report to the legislature by December 1, 1996, regarding its finding.

(3) The action team shall develop grant criteria and loan criteria that:

(a) Give priority to implementation over planning;

(b) Achieve cost efficiencies;

(d) 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.

NEW SECTION. Sec. 11. A new section is added to chapter 28B.20 RCW to read as follows:

The president of the University of Washington shall be a member of the Puget Sound water quality action team created in section 3 of this act.

NEW SECTION. Sec. 12. A new section is added to chapter 28B.30 RCW to read as follows:

The president of Washington State University shall be a member of the Puget Sound water quality action team created in section 3 of this act.

Sec. 13. RCW 43.21A.064 and 1995 c 8 s 3 are each amended to read as follows:

Subject to RCW 43.21A.068, the director of the department of ecology shall have the following powers and duties:

(1) The supervision of public waters within the state and their appropriation, diversion, and use, and of the various officers connected therewith;

(2) Insofar as may be necessary to assure safety to life or property, ((~~he shall inspect~~)) inspection of the construction of all dams, canals, ditches, irrigation systems, hydraulic power plants, and all other works, systems, and plants pertaining to the use of water, and ((he)) the director may require such necessary changes in the construction or maintenance of said works, to be made from time to time, as will reasonably secure safety to life and property;

(3) ((~~He shall regulate~~)) Regulation and control the diversion of water in accordance with the rights thereto;

(4) ((~~He shall determine~~)) Determining the discharge of streams and springs and other sources of water supply, and the capacities of lakes and of reservoirs whose waters are being or may be utilized for beneficial purposes;

(5) ((~~He shall keep~~)) Keeping such records as may be necessary for the recording of the financial transactions and statistical data thereof, and ((~~shall procure~~)) procurement of all necessary documents, forms, and blanks. ((He)) The director shall keep a seal of the office, and all certificates by ((~~him~~)) the director covering any of ((~~his~~)) the director's acts or the acts of ((~~his~~)) office, or the records and files of ((~~his~~)) the director's office, under such seal, shall be taken as evidence thereof in all courts;

(6) ((~~He shall render~~)) Rendering when required by the governor, a full written report of the work of ((~~his~~)) the office with such recommendations for legislation as ((he)) may ((~~deem~~)) be advisable for the better control and development of the water resources of the state;

(7) ((~~The director and~~)) In addition to duly authorized deputies ((~~may~~)), to administer oaths;

(8) ((~~He shall establish and promulgate~~)) To adopt rules governing the administration of chapter 90.03 RCW;

(9) ((~~He shall~~)) Be a member of the Puget Sound water quality action team created in section 3 of this act; and

(10) To perform such other duties as may be prescribed by law.

NEW SECTION. Sec. 14. A new section is added to chapter 43.23 RCW to read as follows:

The director of agriculture shall be a member of the Puget Sound water quality action team created in section 3 of this act.

NEW SECTION. Sec. 15. A new section is added to chapter 43.30 RCW to read as follows:

The administrator shall be a member of the Puget Sound water quality action team created in section 3 of this act.

NEW SECTION. Sec. 16. A new section is added to chapter 43.51 RCW to read as follows:

The director employed pursuant to RCW 43.51.061 shall be a member of the Puget Sound water quality action team created in section 3 of this act.

Sec. 17. RCW 43.70.040 and 1995 c 403 s 105 are each amended to read as follows:

(1) In addition to any other powers granted the secretary, the secretary may:

((~~(1)~~)) (a) Adopt, in accordance with chapter 34.05 RCW, rules necessary to carry out the provisions of chapter 9, Laws of 1989 1st ex. sess.: PROVIDED, That for rules adopted after July 23, 1995, the secretary may not rely solely on a section of law stating a statute's intent or purpose, on the enabling provisions of the statute establishing the agency, or on any combination of such provisions, for statutory authority to adopt any rule;

((~~(2)~~)) (b) Appoint such advisory committees as may be necessary to carry out the provisions of chapter 9, Laws of 1989 1st ex. sess. Members of such advisory committees are authorized to receive travel expenses in accordance with RCW 43.03.050 and 43.03.060. The secretary and the board of health shall review each advisory committee within their jurisdiction and each statutory advisory committee on a biennial basis to determine if such advisory committee is needed. The criteria specified in RCW 43.131.070 shall be used to determine whether or not each advisory committee shall be continued;

((~~(3)~~)) (c) Undertake studies, research, and analysis necessary to carry out the provisions of chapter 9, Laws of 1989 1st ex. sess. in accordance with RCW 43.70.050;

((~~(4)~~)) (d) Delegate powers, duties, and functions of the department to employees of the department as the secretary deems necessary to carry out the provisions of chapter 9, Laws of 1989 1st ex. sess.;

((~~(5)~~)) (e) Enter into contracts on behalf of the department to carry out the purposes of chapter 9, Laws of 1989 1st ex. sess.;

((~~(6)~~)) (f) Act for the state in the initiation of, or the participation in, any intergovernmental program to the purposes of chapter 9, Laws of 1989 1st ex. sess.; or

((~~(7)~~)) (g) Accept gifts, grants, or other funds.

(2) The secretary shall be a member of the Puget Sound water quality action team created in section 3 of this act.

Sec. 18. RCW 43.99.025 and 1989 c 237 s 4 are each amended to read as follows:

The director shall have the following powers and duties:

(1) To supervise the administrative operations of the committee and its staff;

(2) To administer recreation grant-in-aid programs and provide technical assistance to state and local agencies;

(3) To prepare and update a strategic plan for the acquisition, renovation, and development of recreational resources and the preservation and conservation of open space. The plan shall be prepared in coordination with the office of the governor and the office of financial management, with participation of federal, state, and local agencies having recreational responsibilities, user groups, private sector interests, and the general public. The plan shall be submitted to the committee for review, and the committee shall submit its recommendations on the plan to the governor. The plan shall include, but is not limited to: (a) an inventory of current resources; (b) a forecast of recreational resource demand; (c) identification and analysis of actual and potential funding sources; (d) a process for broad scale information gathering; (e) an assessment of the capabilities and constraints, both internal and external to state government, that affect the ability of the state to achieve the goals of the plan; (f) an analysis of strategic options and decisions available to the state; (g) an implementation strategy that is coordinated with executive policy and budget priorities; and (h) elements necessary to qualify for participation in or the receipt of aid from any federal program for outdoor recreation;

(4) To represent and promote the interests of the state on recreational issues and further the mission of the committee;

(5) Upon approval of the committee, to enter into contracts and agreements with private nonprofit corporations to further state goals of preserving, conserving, and enhancing recreational resources and open space for the public benefit and use;

(6) To appoint such technical and other committees as may be necessary to carry out the purposes of this chapter;

(7) To create and maintain a repository for data, studies, research, and other information relating to recreation in the state, and to encourage the interchange of such information;

(8) 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 development and preservation of recreational resources; ((~~and~~))

(9) To prepare the state trails plan, as required by RCW 67.32.050; and

(10) To be a member of the Puget Sound water quality action team created in section 3 of this act.

Sec. 19. RCW 43.300.040 and 1993 sp.s. c 2 s 5 are each amended to read as follows:

In addition to other powers and duties granted or transferred to the director, the director shall have the following powers and duties:

(1) Supervise and administer the department in accordance with law;

(2) Appoint personnel and prescribe their duties. Except as otherwise provided, personnel of the department are subject to chapter 41.06 RCW, the state civil service law;

(3) Enter into contracts on behalf of the agency;

(4) Adopt rules in accordance with chapter 34.05 RCW, the administrative procedure act;

(5) Delegate powers, duties, and functions as the director deems necessary for efficient administration but the director shall be responsible for the official acts of the officers and employees of the department;

(6) Appoint advisory committees and undertake studies, research, and analysis necessary to support the activities of the department;

(7) Accept and expend grants, gifts, or other funds to further the purposes of the department;

(8) Carry out the policies of the governor and the basic goals and objectives as prescribed by the fish and wildlife commission pursuant to RCW 77.04.055; ((~~and~~))

(9) Be a member of the Puget Sound water quality action team created in section 3 of this act; and

(10) Perform other duties as are necessary and consistent with law.

Sec. 20. RCW 47.01.101 and 1987 c 505 s 48 and 1987 c 179 s 1 are each reenacted and amended to read as follows:

The secretary shall have the authority and it shall be his or her duty, subject to policy guidance from the commission:

(1) To serve as chief executive officer of the department with full administrative authority to direct all its activities;

(2) To organize the department as he or she may deem necessary to carry out the work and responsibilities of the department effectively;

(3) To designate and establish such transportation district or branch offices as may be necessary or convenient, and to appoint assistants and delegate any powers, duties, and functions to them or any officer or employee of the department as deemed necessary to administer the department efficiently;

(4) To direct and coordinate the programs of the various divisions of the department to assure that they achieve the greatest possible mutual benefit, produce a balanced overall effort, and eliminate unnecessary duplication of activity;

(5) To adopt all department rules that are subject to the adoption procedures contained in the state administrative procedure act, except rules subject to adoption by the commission pursuant to statute;

(6) To maintain and safeguard the official records of the department, including the commission's recorded resolutions and orders;

(7) To provide full staff support to the commission to assist it in carrying out its functions, powers, and duties and to execute the policy established by the commission pursuant to its legislative authority;

(8) To execute and implement the biennial operating budget for the operation of the department in accordance with chapter 43.88 RCW and with legislative appropriation and, in such manner as prescribed therein, to make and report to the commission and the chairs of the transportation committees of the senate and house of representatives, including one copy to the staff of each of the committees, deviations from the planned biennial category A and H highway construction programs necessary to adjust to unexpected delays or other unanticipated circumstances((.));

(9) To be a member of the Puget Sound water quality action team created in section 3 of this act; and

(10) To exercise all other powers and perform all other duties as are now or hereafter provided by law.

NEW SECTION. Sec. 21. A new section is added to chapter 77.12 RCW to read as follows:

The director shall be a member of the Puget Sound water quality action team created in section 3 of this act.

NEW SECTION. Sec. 22. A new section is added to chapter 89.08 RCW to read as follows:

The administrative officer designated in RCW 89.08.050 shall be a member of the Puget Sound water quality action team created in section 3 of this act.

Sec. 23. 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 chapters 90.70 and 90.-- (sections 1 through 5, 7 through 10, and 26 of this act) RCW, shown by agency and in total. At the same time the Puget Sound water quality action team 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 Puget Sound water quality action team 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. 24. The following acts or parts of acts are each repealed:

(1) RCW 90.70.027 and 1992 c 63 s 15;

(2) RCW 90.70.075 and 1990 c 115 s 10;

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

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

NEW SECTION. Sec. 25. RCW 90.70.065 and 90.70.902 are each recodified as new sections in the new chapter created in section 27 of this act.

NEW SECTION. Sec. 26. CAPTIONS NOT LAW. Captions used in this chapter do not constitute any part of the law.

NEW SECTION. Sec. 27. This act may be known and cited as the Puget Sound water quality protection act.

NEW SECTION. Sec. 28. Sections 1 through 5, 7 through 10, 26, and 27 of this act shall constitute a new chapter in Title 90 RCW.

NEW SECTION. Sec. 29. (1) The sum of one hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 1997, from the general fund to the governor's office to hire a chair pursuant to section 4 of this act.

(2) The sum of one million dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1997, from the water quality account to the department of ecology to provide grants to local jurisdictions for on-site sewage system projects or programs identified in local plans. In issuing grants, the department shall give priority to areas that have formed shellfish protection districts under chapter 90.72 RCW.

NEW SECTION. Sec. 30. Sections 3 and 4 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.