AN ACT Relating to
water quality; adding a new chapter to Title 90 RCW; creating a new section;
recodifying RCW 90.70.027 and 90.70.902; repealing RCW 90.70.065, 90.70.075,
90.70.090, and 90.70.100; making an appropriation; providing an effective date;
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) "Chair"
means the chair of the action team.
(3) "Council"
means the Puget Sound council created in section 4 of this act.
(4) "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.
(5) "Support
staff" means the staff to the action team.
(6) "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; one person representing cities,
appointed by the governor; one person representing counties, appointed by the
governor; and the chair of the action team. The members representing cities
and counties shall each be reimbursed for travel expenses as provided in RCW
43.03.050 and 43.03.060.
(2) The action team
shall:
(a) Prepare a Puget
Sound work plan and budget for inclusion in the governor's biennial budget;
(b) Coordinate
monitoring and research programs as provided in section 7 of this act;
(c) Work under the
direction of the action team chair as provided in section 5 of this act;
(d) Coordinate
permitting requirements as necessary to expedite permit issuance for any local
watershed plan developed pursuant to rules adopted under this chapter;
(e) Identify and
resolve any policy or rule conflicts that may exist between one or more
agencies represented on the action team;
(f) Periodically amend
the Puget Sound management plan;
(g) Enter into, amend,
and terminate contracts with individuals, corporations, or research
institutions for the purposes of this chapter;
(h) Receive such gifts,
grants, and endowments, in trust or otherwise, for the use and benefit of the
purposes of the action team. The action team may expend the same or any income
therefrom according to the terms of the gifts, grants, or endowments;
(i) Promote extensive
public participation, and otherwise seek to broadly disseminate information
concerning Puget Sound;
(j) Receive and expend
funding from other public agencies;
(k) 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 for the purpose of eliminating and consolidating reporting requirements;
and
(l) Beginning in
December 1998, and every two years thereafter, submit a report to the
appropriate policy and fiscal committees of the legislature that describes and
evaluates the successes and shortcomings of the current work plan relative to
the priority problems identified for each geographic area of Puget Sound.
(3) By July 1, 1996,
the action team shall begin developing its initial work plan, which shall
include the coordination of necessary support staff.
(4) The action team
shall incorporate, to the maximum extent possible, the recommendations of the
council regarding amendments to the Puget Sound plan and the work plan.
(5) All proceedings of
the action team are subject to the open public meetings act under chapter 42.30
RCW.
NEW SECTION. Sec.
4. PUGET SOUND COUNCIL. (1)
There is established the Puget Sound council composed of nine members. Seven
members shall be appointed by the governor. In making these appointments, the
governor shall include representation from business, the environmental
community, agriculture, the shellfish industry, counties, cities, and the
tribes. 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 council. Appointments to the council
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 council, 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. 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. Nonlegislative 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 council shall:
(a) Recommend to the
action team projects and activities for inclusion in the biennial work plan;
(b) Recommend to the
action team coordination of work plan activities with other relevant
activities, including but not limited to, agencies' activities other than those
funded through the plan, local plan initiatives, and governmental and nongovernmental
watershed restoration and protection activities; and
(c) Recommend to the
action team proposed amendments to the Puget Sound management plan.
(3) The chair of the
action team shall convene the council at least four times per year and shall
jointly convene the council and the action team at least two times per year.
NEW SECTION. Sec.
5. GOVERNOR'S OFFICE. (1)
By June 1, 1996, the governor shall appoint a person in the governor's office
to chair the action team. The chair shall serve at the pleasure of the
governor.
(2) The chair shall be
responsible for:
(a) Organizing the
development of the council recommendations;
(b) Organizing the
development of the work plan required under section 6 of this act;
(c) Presenting work
plan and budget recommendations to the governor and the legislature;
(d) Overseeing the
implementation of the elements of the work plan that receive funding through
appropriations by the legislature; and
(e) Serving as chair of
the council.
(3) The chair of the
action team shall be a full-time employee responsible for the administration of
all functions of the action team and the council, including hiring and
terminating support 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 chair
shall be fixed by the governor, subject to RCW 43.03.040.
NEW SECTION. Sec.
6. WORK PLANS. (1)(a) 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.
(b) 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.
(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 characterize local watersheds, provide technical assistance, and
implement state responsibilities identified in the work plan. The number and
qualifications of staff assigned to each region 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 section 7 of 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;
(e) Provide sufficient
funding to provide support staff for the action team; and
(f) Describe any
proposed amendments to the Puget Sound plan.
(3) The work plan shall
be submitted to the 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.
NEW SECTION. Sec.
7. PUGET SOUND RESEARCH AND
MONITORING. In addition to other powers and duties specified in this chapter,
the action team shall ensure implementation and coordination of the Puget Sound
ambient monitoring program established in the Puget Sound management plan. The
program shall include, at a minimum:
(1) 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;
(2) A monitoring
program, including baselines, protocols, guidelines, and quantifiable
performance measures. In consultation with state agencies, local and tribal
governments, and other public and private interests, the action team shall
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. 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. State agencies shall assist the action team in the
development and tracking of these performance measures. The performance
measures may be limited to a selected geographic area.
NEW SECTION. Sec.
8. WORK PLAN
IMPLEMENTATION. (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 council shall
review the progress of work plan implementation. Where prescribed actions have
not been accomplished in accordance with the work plan, the responsible agency
shall submit to the council written explanations for the shortfalls, together
with proposed remedies.
NEW SECTION. Sec.
9. PUBLIC PARTICIPATION.
The chair of the action team shall hold public hearings to solicit public
comment on the work plan.
NEW SECTION. Sec.
10. RULE MAKING. By January
1, 1997, the action team shall adopt chapter 400-12 WAC with revisions that:
(1) Direct counties to
develop a prioritized list of watershed improvement projects; and
(2) Identify all
funding sources that can be used to implement local plans.
NEW SECTION. Sec.
11. (1) The powers, duties,
and functions of the Puget Sound water quality authority pertaining to the
cleanup and protection of Puget Sound are transferred to the Puget Sound action
team. All references to the executive director or the Puget Sound water
quality authority in the Revised Code of Washington shall be construed to mean
the chair of the action team or the action team when referring to the functions
transferred in this section.
(2)(a) All reports,
documents, surveys, books, records, files, papers, or written material in the
possession of the authority pertaining to the powers, functions, and duties
transferred shall be delivered to the custody of the action team. All
cabinets, furniture, office equipment, motor vehicles, and other tangible
property employed by the authority in carrying out the powers, functions, and
duties transferred shall be made available to the action team. All funds,
credits, or other assets held in connection with the powers, functions, and
duties transferred shall be assigned to the action team.
(b) Any appropriations
made to the authority for carrying out the powers, functions, and duties
transferred shall, on the effective date of this section, be transferred and
credited to the action team.
(c) Whenever any
question arises as to the transfer of any personnel, funds, books, documents,
records, papers, files, equipment, or other tangible property used or held in
the exercise of the powers and the performance of the duties and functions
transferred, the director of financial management shall make a determination as
to the proper allocation and certify the same to the state agencies concerned.
(3) All rules and all
pending business before the authority pertaining to the powers, functions, and
duties transferred shall be continued and acted upon by the action team. All
existing contracts and obligations shall remain in full force and shall be
performed by the action team.
(4) The transfer of the
powers, duties, functions, and personnel of the authority shall not affect the
validity of any act performed before the effective date of this section.
(5) If apportionments
of budgeted funds are required because of the transfers directed by this
section, the director of financial management shall certify the apportionments
to the agencies affected, the state auditor, and the state treasurer. Each of
these shall make the appropriate transfer and adjustments in funds and
appropriation accounts and equipment records in accordance with the
certification.
NEW SECTION. Sec.
12. The following acts or
parts of acts are each repealed:
(1) RCW 90.70.065 and 1995 c 269 s 3501,
1994 c 264 s 98, & 1990 c 115 s 9;
(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.
13. RCW 90.70.027 and
90.70.902 are each recodified as new sections in the new chapter created in
section 16 of this act.
NEW SECTION. Sec.
14. CAPTIONS NOT LAW.
Captions used in this chapter do not constitute any part of the law.
NEW SECTION. Sec.
15. This act may be known and
cited as the Puget Sound water quality protection act.
NEW SECTION. Sec.
16. Sections 1 through 10,
14, and 15 of this act shall constitute a new chapter in Title 90 RCW.
NEW SECTION. Sec.
17. 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. The amount appropriated in this section is provided solely for
grants to local governments for on-site sewage system projects or programs
identified in local watershed action plans. In issuing grants, the department
shall give priority to areas that have formed shellfish protection districts
under chapter 90.72 RCW, to areas that have created operation and maintenance
programs, and to areas where failing on-site systems have contaminated or
threaten to contaminate highly productive shellfish growing areas or
recreational harvest areas. The department of ecology shall develop criteria
for assistance that establishes higher priority for areas with substantial
numbers of low-income households for which on-site system upgrades are
proposed.
NEW SECTION. Sec.
18. Section 11 of this act
shall take effect June 30, 1996.
NEW
SECTION. Sec. 19. Section 5 of this act is
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.
