S-1191.1  _______________________________________________

 

                         SENATE BILL 5636

          _______________________________________________

 

State of Washington      54th Legislature     1995 Regular Session

 

By Senators Fraser and Rasmussen

 

Read first time 01/30/95.  Referred to Committee on Senate Select Committee on Water Policy.

 

Creating the Washington water resources commission.



    AN ACT Relating to the creation of the Washington water resources commission; adding new sections to chapter 90.54 RCW; adding new sections to chapter 43.131 RCW; creating a new section; providing an effective date; and declaring an emergency.

 

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

 

    NEW SECTION.  Sec. 1.  FINDINGS AND INTENT.  The legislature finds that it is in the best interests of all state citizens to achieve a comprehensive state water resources program through the development of regional plans devised by all interests working cooperatively within the watersheds to which the plans will be addressed.  To achieve this result will require a lengthy period of time and substantial fiscal and human resources in the pursuit of numerous regional plans ongoing simultaneously.  The state has a responsibility to ensure the coordination and integration of such planning and the wise expenditure of state funds to assist in such planning.  For these reasons the legislature finds that a state-level entity comprised of a geographically diverse membership representing the broad spectrum of interests in Washington's water resources should be created to provide guidance and oversight to regional water resource planning, to ensure the timely and efficient implementation of adopted plans, and to advise the governor and legislature on actions needed to improve regional plan development and implementation.

 

    NEW SECTION.  Sec. 2.  COMMISSION CREATED.  (1) There is created the Washington water resources commission.  The commission shall be comprised of thirteen members as follows:

    (a) A chair of the commission appointed by the governor;

    (b) Eight members, appointed by the governor, to represent the following interests:

    (i) Indian tribal governments;

    (ii) Local government;

    (iii) Federal government;

    (iv) State government;

    (v) Agriculture and silviculture;

    (vi) Business;

    (vii) Fisheries and wildlife;

    (viii) Environment and recreation;

    (c) Two members who serve in the house of representatives, appointed by the speaker of the house of representatives; and

    (d) Two members of the senate, appointed by the president of the senate.

    (2) The members appointed by the governor shall serve four-year terms, except that three of the initial appointees by the governor shall serve for a two-year term and three other of the initial appointees by the governor shall serve for a three-year term.  The terms of the initial members shall begin October 1, 1995.  No less than four members appointed under subsection (1) (a) and (b) of this section shall reside east of the crest of the Cascade mountains.

    (3) Persons having expertise and experience in water resources planning and management shall be qualified for appointment to the board.  For appointments under subsection (1)(b) of this section, the member shall have demonstrated active involvement in water resource management and planning activities to further the water-related interests of the position described.  In making appointments the governor shall give strong consideration to recommendations of the respective caucus members serving on the water resources forum.

    (4) The appointments made under subsection (1) (a) and (b) of this section shall be subject to confirmation by the senate.

    (5) In making appointments under subsection (1) (c) and (d) of this section, the speaker of the house of representatives and president of the senate shall appoint one member from each body who resides east of the Cascade crest and one who resides west of the Cascade crest.

 

    NEW SECTION.  Sec. 3.  DUTIES OF THE COMMISSION.  (1) The principal duty of the commission shall be to guide the state involvement in and assistance to regional water resource planning efforts authorized by this chapter.  In carrying out this duty the commission shall:

    (a) Establish guidelines and procedures for the review and approval of petitions to initiate regional planning;

    (b) Review and approve petitions to initiate regional planning;

    (c) Award and administer grants to regional planning groups to assist in conducting regional planning;

    (d) Coordinate the participation of state agencies in regional planning and the provision of technical assistance and water resources data and information by state agencies to regional planning groups;

    (e) Review and approve regional plans;

    (f) Ensure the timely implementation of approved plans by coordinating state agency implementing actions and making recommendations to the governor and the legislature for budget and policy legislation necessary for implementation, considering all regional plan recommendations as provided in subsection (2) of this section;

    (g) Monitor the progress in implementation of regional plans and make periodic reports to the governor and the legislature on the status of regional planning and plan implementation.

    (2)(a) The commission shall serve as a state-level review entity to provide recommendations to the governor and to the legislature on budgetary and legislative actions appropriate to implement the recommendations of the several regional plans as they are developed.  In this function, the commission shall attempt to reconcile duplicative or conflicting recommendations with the goal of developing recommendations that provide for geographic variation and that are in the interests of all citizens of the state.

    (b) The commission shall provide timely information to the governor and legislature on the plans submitted for state approval and receiving approval, and the elements of plans requiring state adoption of rules and budgetary or legislative action necessary for implementation.  To accomplish this duty, the commission shall summarize all plan elements and recommendations submitted to the state on or before the first of November of each year and provide a report each year to the governor and the appropriate standing committees of the legislature no later than December 1st.  The report shall contain recommendations for legislative action to implement the plans consistently with other regional plans and the state's comprehensive water resources program.

    (3) The commission shall also timely review and make recommendations upon such water resources problems or issues as the governor or the legislature may refer to the commission.

    (4) The commission shall facilitate the communication of information and views among all interests in Washington water resources.  To accomplish this duty the commission shall hold a public forum at least twice annually in which water resource topics of broad public import are scheduled for discussion and to which invitations are broadly disseminated to all interests.  The commission shall seek geographic diversity in the location of such forums.  A summary of the forum proceedings shall be included in the annual report required under subsection (2) of this section.

 

    NEW SECTION.  Sec. 4.  COMMISSION PROCEDURES.  (1) The chair of the commission shall schedule an initial, organizational meeting of the commission no later than November 1, 1995.  At the initial meeting the commission shall adopt procedures for performing its duties, including the method for making decisions.  The commission is authorized to appoint an executive committee consisting of the chair and no less than three members.  The executive committee shall have such powers as are authorized by the commission.  However, the executive committee shall not have authority to make final decisions to approve or reject a petition to commence regional planning, to approve or reject a proposed regional plan, or to make an award of state financial assistance for regional planning.

    (2) The commission may form ad hoc policy and technical advisory committees.

    (3) Commission members shall be compensated in accordance with RCW 43.03.250 and shall receive reimbursement for their travel expenses as provided in RCW 43.03.050 and 43.03.060.

 

    NEW SECTION.  Sec. 5.  COMMISSION POWERS.  The commission shall have the authority to:

    (1) Hire a staff director, who shall hire such additional staff as is necessary to assist the commission in carrying out its duties.  The commission may enter interagency agreements with other agencies assigning employees to the commission.  State agencies participating in providing assistance to regional planning efforts are directed to work with the commission in providing employees and other resources to assist the commission;

    (2) Enter into contracts to assist in carrying out its duties;

    (3) Expend funds appropriated to the commission for its operations, for the provision of financial assistance to regional planning, and for such other purposes as the legislature may provide; and

    (4) Receive gifts, grants, loans, or other moneys made available to the commission.

 

    NEW SECTION.  Sec. 6.  A new section is added to chapter 43.131 RCW to read as follows:

    The Washington water resources commission and its powers and duties shall be terminated on June 30, 2001, as provided in section 7 of this act.

 

    NEW SECTION.  Sec. 7.  A new section is added to chapter 43.131 RCW to read as follows:

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

    (1) Section 1 of this act;

    (2) Section 2 of this act;

    (3) Section 3 of this act;

    (4) Section 4 of this act; and

    (5) Section 5 of this act.

 

    NEW SECTION.  Sec. 8.  CAPTIONS.  Captions as used in this act constitute no part of the law.

 

    NEW SECTION.  Sec. 9.  CODIFICATION.  Sections 1 through 5 of this act are each added to chapter 90.54 RCW.

 

    NEW SECTION.  Sec. 10.  EFFECTIVE DATE.  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 July 1, 1995.

 


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