6166-S

AN ACT Relating to protection of Puget Sound; amending RCW 90.70.001, 90.70.011, 90.70.025, and 90.70.055; creating a new section; repealing RCW 90.70.035, 90.70.045, 90.70.060, 90.70.065, 90.70.090, 90.70.100, 90.70.902, 43.131.369, and 43.131.370; and providing an effective date.

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

NEW SECTION. Sec. 1. 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:

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 coordinate the development of a comprehensive Puget Sound water quality management plan, to revise the plan periodically, 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.

Sec. 3. 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 shall select a chair, who shall perform such duties and perform them for such period as the authority determines. In making these appointments, the governor shall seek to include representation of the variety of interested parties concerned about Puget Sound water quality, including representation from the business and environmental communities. Appointments to the authority shall also reflect geographical balance and the diversity of population within the Puget Sound basin. ((~~Of the appointed members, at least one shall be selected from each of the six congressional districts surrounding Puget Sound.~~)) 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. 4. 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, 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; and

(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. 5. 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 protection that are consistent with the goals of the plan;

(d) Seeking incentives for the development of local comprehensive water quality and watershed protection 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. 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;

(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;

(11) Prepare a strategy for implementing the plan that includes, but is not limited to:

(a) Setting priorities for implementation of plan elements to facilitate executive and legislative decision making;

(b) Assessing the capabilities and constraints, both internal and external to state and local government, that may affect plan implementation;

(c) Analyzing the strategic options in light of the resources available to the state. In developing this strategy, the authority shall consult and coordinate with other related environmental planning efforts; and

(12) 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. 6. 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;

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

(7) RCW 90.70.902 and 1990 c 115 s 13;

(8) RCW 43.131.369 and 1990 c 115 s 11; and

(9) RCW 43.131.370 and 1990 c 115 s 12.

NEW SECTION. Sec. 7. This act shall take effect June 30, 1996.