_______________________________________________
ENGROSSED SENATE BILL 5194
_______________________________________________
State of Washington 54th Legislature 1995 Regular Session
By Senators Fraser, Winsley, Kohl, Sheldon, Snyder, Franklin, Gaspard, Heavey, C. Anderson and Haugen; by request of Governor Lowry
Read first time 01/13/95. Referred to Committee on Ecology & Parks.
AN ACT Relating to the reauthorization of the Puget Sound water quality authority; amending RCW 90.70.011, 90.70.025, 90.70.055, 90.70.065, 90.70.902, 43.131.369, and 43.131.370; repealing RCW 90.70.035 and 90.70.045; providing an effective date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 90.70.011 and 1990 c 115 s 2 are each amended to read as follows:
(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.)) 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 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.
(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.
Sec. 2. RCW 90.70.025 and 1985 c 451 s 5 are each amended to read as follows:
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 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.
Sec. 3. RCW 90.70.055 and 1990 c 115 s 4 are each amended to read as follows:
The authority shall:
(1) Prepare ((and)),
adopt, and revise a comprehensive Puget Sound water quality management
plan and a strategy for implementing the plan, as defined in RCW
90.70.060. 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; tribal governments; and private interests. 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;
(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))) (3)
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. The
assessment shall be based upon an evaluation of performance measures required
by subsection (5) 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))) (4) 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;
(5) In consultation with state agencies, 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, 1996. State agencies shall assist the authority in the development and tracking of these performance measures. The performance measures may be limited to selected geographic areas;
(6) Emphasize plan implementation by providing state and local agencies with direct technical assistance, research, education, coordination, and other services that are necessary to implement the plan in a timely and efficient manner;
(7) Appoint ad hoc advisory committees as necessary to facilitate plan revision, plan implementation, coordination of the ambient monitoring program, and the conduct of other duties under this chapter; and
(8) To reduce costs and improve efficiency, review by December 1, 1995, 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 (5) of this section.
Sec. 4. RCW 90.70.065 and 1994 c 264 s 98 are each amended to read as follows:
(1) In addition to other powers and duties specified in this chapter, the authority shall ensure implementation and coordination of the Puget Sound ambient monitoring program established in the plan under RCW 90.70.060(12). The program shall:
(a) Develop a baseline
and examine differences among areas of Puget Sound, for environmental
conditions, natural resources, and contaminants in ((seafood)) sediments
and marine life, 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) ((To ensure
proper coordination of the ambient monitoring program, the authority may
establish an interagency coordinating committee consisting of representatives
from the departments of ecology, fish and wildlife, natural resources, and
health, and such federal, local, tribal, and other organizations as are
necessary to implement the program.
(3))) Each state agency with responsibilities for
implementing the Puget Sound ambient monitoring program((, as specified in
the plan,)) shall participate in the program, as specified in the plan.
Sec. 5. RCW 90.70.902 and 1990 c 115 s 13 are each amended to read as follows:
Nothing in RCW
43.131.370 shall affect the implementation and requirements of the Puget Sound
water quality management plan existing on June 30, ((1995)) 2000,
or such other effective date of repeal of the laws referenced in RCW
43.131.370. The implementation of the plan on and after that date shall be the
responsibility of such entities as are provided by the legislature.
Sec. 6. 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))
2002, as provided in RCW 43.131.370.
Sec. 7. 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)) 2003:
(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) Section 9, chapter 451, Laws of 1985, section 6, chapter 115, Laws of 1990 and RCW 90.70.070;
(10) Section 10, chapter 451, Laws of 1985, section 7, chapter 115, Laws of 1990 and RCW 90.70.080; and
(11) Section 14, chapter 451, Laws of 1985 and RCW 90.70.901.
NEW SECTION. Sec. 8. The following acts or parts of acts are each repealed:
(1) RCW 90.70.035 and 1985 c 451 s 6; and
(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.
NEW SECTION. Sec. 9. 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 June 30, 1995.
--- END ---