6536-S

AN ACT Relating to the protection and conservation of marine waters in Washington state; adding new sections to chapter 90.70 RCW; adding a new section to chapter 41.06 RCW; creating new sections; and providing an effective date.

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

NEW SECTION. Sec. 1. The legislature finds that all Washington citizens derive significant benefits from Washington's marine waters. From waterborne commerce to recreation to scenic enjoyment, the protection of the state's coastal waters, the Strait of Juan de Fuca, Puget Sound, and the lower Columbia river are vital to maintaining the lifestyle of all Washingtonians and ensuring continued economic vitality in this region. Residents of this region enjoy a way of life centered around these marine waters, featuring accessible recreational opportunities, world-class port facilities and water transportation systems, commercial and recreational harvest of marine food resources, shoreline-oriented lifestyles and residential land use, water-dependent industries, tourism, irreplaceable aesthetics, and other activities, all of which to some degree depend upon a clean and healthy marine environment.

A rich and varied range of marine organisms, composing interdependent, sensitive communal ecosystems, resides in these waters. These resources are threatened by the impacts of human activities, including the continued destruction and degradation of watersheds and natural shoreline, wetland, and riparian habitat for fish and wildlife caused by development; chemical contamination of marine sediments and water caused by municipal and industrial discharges of pollution; and fecal contamination of many acres of tideland shellfish beds caused by surface water runoff from agricultural lands and failing septic systems.

The legislature declares that the uses of Puget Sound, Grays Harbor, lower Columbia river, Willapa Bay, and other marine resources carry a custodial obligation for preserving them. The people of the state have the unique opportunity to preserve these gifts 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 of the state's marine waters, including Puget Sound, lower Columbia river, Grays Harbor, and Willapa Bay, have diverse interests and limited jurisdictions that cannot adequately address the cumulative, wide-ranging impacts that contribute to the degradation of these waters. While emerging economic and environmental challenges call for regional approaches, the state of Washington is scheduled to terminate the Puget Sound water quality authority, an agency charged with forging a comprehensive, coordinated approach to protection of the marine waters of Puget Sound. Central to successful implementation of regional strategies is state assistance to the many local governments, businesses, and individuals who are directly responsible for implementing water quality programs and projects. Local water quality programs and budgets are certain to be severely strained as the Puget Sound, lower Columbia river, and coastal regions experience a near doubling of population over the next thirty years.

Therefore, to meet these challenges, it is the intent of this act to create the Washington marine waters protection trust to perform duties for the long-term protection of Washington's marine waters. No new regulatory authority is granted in this act. Instead, the Washington marine waters protection trust shall carry out technical assistance and coordination functions as specified in this act; provide assistance for private and public actions for the protection and restoration of marine waters; and ensure effective implementation of existing laws and rules to protect and restore the marine waters of the state of Washington.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this section and sections 3 through 10 of this act.

(1) "Puget Sound" includes Puget Sound, the straits adjoining the United States-Canada border, and to the extent that they affect water quality and fish and wildlife species in Puget Sound, the watersheds flowing into Puget Sound.

(2) "Grays Harbor" includes Grays Harbor and to the extent that they affect water quality and fish and wildlife species in Grays Harbor, the watersheds flowing into Grays Harbor.

(3) "Willapa Bay" includes Willapa Bay and to the extent that they affect water quality and fish and wildlife species in Willapa Bay, the watersheds flowing into Willapa Bay.

(4) "Lower Columbia river" includes the portion of the Columbia river downstream from the Bonneville dam and to the extent that they affect water quality and fish and wildlife species in the Columbia river estuary, the watersheds within Washington state flowing into that portion of the Columbia river.

(5) "Marine waters" means all waters of the state under tidal influence, and including the lower Columbia river downstream from the Bonneville dam.

NEW SECTION. Sec. 3. (1) The goals of this chapter are to protect the state's marine waters by restoring and maintaining:

(a) Clean water and sediment quality;

(b) Healthy, diverse, and sustainable native fish and wildlife populations; and

(c) Sustainable and safe recreational, commercial, and traditional uses of the shellfish, fish, wildlife, and scenic resources of the marine waters of the state.

(2) These goals shall be achieved by:

(a) Eliminating toxic, disease-causing and other contamination of marine waters;

(b) Cleaning up contaminated sediments to levels that do not harm living organisms;

(d) Preventing spills of oil and other harmful substances; and

(e) Taking other actions necessary to achieve these goals.

NEW SECTION. Sec. 4. (1) There is established the marine waters protection trust composed of thirteen members. Eleven 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 the department of ecology or the director's designee shall serve as ex officio voting members. The directors or their designees of the departments of health, fish and wildlife, and agriculture shall serve as ex officio nonvoting members. Of the appointed members, one shall be a representative of counties, one shall be a representative of cities, and one shall be a representative of Indian tribes. In making these appointments to the trust, the governor shall seek balanced geographical representation from all marine water regions and include representation of the variety of commercial and noncommercial interested parties concerned about marine water quality. In making appointments to represent counties and cities, the governor shall give strong consideration to nominations made by the Washington state association of counties and the association of Washington cities. Appointments to represent counties and cities may be either current or former elected local government officials.

(2) Except as provided in this subsection, members shall serve three-year terms. Of the initial members appointed to the trust, five shall serve for two years, three shall serve for three years, and three shall serve for four years. Thereafter, members shall be appointed to three-year terms. Members may be removed by the governor only for cause. Vacancies shall be selected in the same manner as the member being replaced. Members shall not be compensated except for specific days worked, as provided in RCW 43.03.250, and for travel expenses as provided in RCW 43.03.050 and 43.03.060.

(3) The trust members shall select a chair from among its members, who shall serve as chair for such period as the trust determines.

(4) An executive director, appointed by and serving at the pleasure of the governor, shall be a full-time employee responsible for administering all the trust's functions and carrying out the policy direction of the trust, including the hiring and firing of staff, and shall be compensated as determined by the governor, subject to RCW 43.03.040. The executive director shall not be a member of the trust.

(5) Not more than four employees of the trust may be exempt from chapter 41.06 RCW.

NEW SECTION. Sec. 5. To achieve the goals of section 3 of this act and perform the other responsibilities assigned by this chapter, the trust shall have the following powers and duties:

(1) The trust shall coordinate the implementation of marine waters protection plans for Puget Sound, Grays Harbor, and Willapa Bay, as provided in section 6 of this act.

(2) The trust shall offer recommendations, including recommendations on coordination with the protection plans for Puget Sound, Willapa Bay, and Grays Harbor, on the protection plan for the lower Columbia river being developed through the bi-state water quality program and any succeeding entity.

(3) The trust shall monitor and report on the health of these estuaries, and educate and involve the public in their protection.

(4) The trust shall provide a comprehensive program of technical assistance to all local governments, tribal governments, businesses, and individuals implementing water quality programs that may impact marine waters.

(5) The trust shall perform coordination, public education and involvement, and priority-setting functions relating to implementation of marine water protection plans in consultation with affected parties.

(6) The trust shall be the principal state agency to develop cross-border marine waters protection programs with the province of British Columbia and the federal governments of Canada and the United States regarding the shared waters of the Strait of Juan de Fuca, Georgia Basin, and Puget Sound. In carrying out this function, the trust shall provide assistance in carrying out the state's responsibilities under the British Columbia/Washington state environmental cooperation accord and in similar water quality-related cross-border accords.

NEW SECTION. Sec. 6. (1) The marine waters protection plan for Puget Sound is the existing Puget Sound water quality management plan, adopted by the Puget Sound water quality authority in 1994, which shall be amended by the marine waters protection trust to incorporate specific achievement objectives for each year, and shall be amended by the trust as necessary to achieve the goals of this chapter.

(2) No later than July 1, 1998, the marine waters protection trust shall adopt initial marine waters protection plans to achieve the goals specified in section 3 of this act for Grays Harbor and Willapa Bay. Each plan shall be developed in consultation with marine waters protection advisory committees convened for this purpose and as needed for consultation in the subsequent development of plan amendments and the establishment of priorities for funding and activities under subsection (3) of this section. These committees shall exist temporarily to serve only the purpose for which they are convened and shall be composed of representatives of cities, counties, tribes, and the public from the counties that include watersheds flowing into the estuary for which the plan is developed, and with representatives of the departments of natural resources, fish and wildlife, health, agriculture, and ecology. Two members of the trust shall serve on each regional advisory committee, and shall be selected by the trust members.

(3) The trust may amend the plans as necessary to achieve the goals specified in section 3 of this act. The trust shall amend the plans as necessary to incorporate specific achievement objectives for the ensuing year and shall establish the top priorities for funding and activities that will make progress toward achieving the protection goals for Puget Sound, Grays Harbor, and Willapa Bay. The trust shall assist the office of financial management in developing state budget recommendations for funding of the plans and for state agency implementation of plan responsibilities.

(4) The trust shall make recommendations on the lower Columbia river protection plan concerning amendments and funding priorities, and shall evaluate progress in achieving the goals specified in section 3 of this act.

(5) The plans developed under this section shall build upon and integrate existing water quality, land use, capital facilities, and other plans applicable to the marine waters area.

(6) Following initial adoption of the plans, the focus of the trust shall be upon implementing the plans.

NEW SECTION. Sec. 7. In order to carry out its responsibilities under this chapter, the trust may:

(1) Enter into, amend, and terminate contracts, real estate leases, and other agreements with individuals, corporations, or research institutions for the purposes of this chapter;

(2) Receive such gifts, grants, and endowments, in trust or otherwise, for the use and benefit of the purposes of the trust. The trust may expend the same or any income therefrom according to the terms of the gifts, grants, or endowments;

(3) Conduct studies and research relating to the state's marine water quality;

(4) Obtain information relating to marine water quality from other state and local agencies, as well as from federal and private sources;

(5) Conduct appropriate public hearings and otherwise seek to broadly disseminate information concerning marine water quality;

(6) Receive funding from other public agencies;

(7) Prepare a biennial budget request for consideration by the governor and the legislature;

(8) Adopt rules under chapter 34.05 RCW as necessary to implement the purposes and intent of this chapter; and

(9) Appoint ad hoc advisory committees as may be necessary to implement this chapter.

NEW SECTION. Sec. 8. (1) All state funds appropriated to carry out this chapter, including the implementation of marine waters protection plans, shall be appropriated to the trust for disbursement according to the plans' established priorities.

(2) Of the total moneys available for appropriation from the water quality account on July 1st of each odd-numbered year, the legislature shall make the following appropriations for the biennium commencing on such date:

(a) One million five hundred thousand dollars to the marine waters protection trust to support education, involvement, and stewardship projects carried out by business and trade associations, local and tribal governments, conservation districts, community and environmental organizations, schools and school districts, community colleges, colleges, and universities; and

(b) At least twenty-five percent to the marine waters protection trust and to local and state governmental entities to implement marine waters protection plans under this chapter.

(3) The legislature shall appropriate such additional amounts to the trust from the general fund and other funds as are necessary for the trust to fully carry out its responsibilities and to fully implement the marine waters protection plans required under this chapter.

NEW SECTION. Sec. 9. The marine waters protection trust is accountable to the public for restoring and maintaining the health of Puget Sound, Grays Harbor, lower Columbia river, and Willapa Bay. The trust shall produce an annual state of the estuaries report identifying the results of scientific monitoring and progress toward achieving the protection goals for the state's marine waters and identifying the steps necessary to address problems and lack of sufficient progress. Information about problems and progress shall be sought from the public and reflected in the state of the estuaries report. The trust shall sponsor an annual conference or workshop where all interested parties will have the opportunity to share information about the status of efforts to protect and restore marine waters and to make recommendations to the trust for future actions. State and local government entities identified in the plans shall carry out the tasks identified in those plans to the degree funding allows, and are prohibited from any actions inconsistent with the plans or detrimental to achieving the goals specified in this chapter.

NEW SECTION. Sec. 10. (1) The marine waters protection trust shall 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) Implementing the program, consistent with the marine waters protection plan for Puget Sound.

(2) Beginning in 1997, the trust shall develop and ensure implementation and coordination of ambient monitoring plans for other marine waters of the state that include the same activities as those required in this section for the Puget Sound ambient monitoring plan.

NEW SECTION. Sec. 11. A new section is added to chapter 41.06 RCW to read as follows:

In addition to the exemptions under RCW 41.06.070, the provisions of this chapter shall not apply in the marine waters protection trust to up to four employees of the trust.

NEW SECTION. Sec. 12. (1) All powers, duties, and functions of the Puget Sound water quality authority pertaining to the cleanup and protection of Puget Sound are transferred to the marine waters protection trust. 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 executive director or the marine waters protection trust 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 trust. 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 trust. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the trust.

(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 trust.

(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 employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the trust to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

(4) 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 trust. All existing contracts and obligations shall remain in full force and shall be performed by the trust.

(5) 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.

(6) 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.

(7) Nothing contained in this section may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel board as provided by law.

NEW SECTION. Sec. 13. This act shall be known as the marine waters protection act.

NEW SECTION. Sec. 14. Sections 2 through 10 of this act are each added to chapter 90.70 RCW.

NEW SECTION. Sec. 15. The provisions of this act are to be liberally construed to protect the marine environment and to effectuate the policies and purposes of this act. In the event of conflict between the provisions of this act and any other act, the provisions of this act shall govern.

NEW SECTION. Sec. 16. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 17. This act shall take effect July 1, 1996.