BP BHEAD INT H [atlas:bill]

AN ACT Relating to shoreline planning; amending RCW 90.58.060 and 90.58.080; adding new sections to chapter 90.58 RCW; creating a new section; providing an expiration date; and declaring an emergency.

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

NEW SECTION. Sec. 1. (1) The legislature finds that protection of threatened and endangered species requires review of state and local land use planning efforts. The legislature finds that conflicts may arise from local government and state agency efforts to coordinate requirements under the shoreline management act and the growth management act with the federal endangered species act. These conflicts should appropriately be addressed through collaborative negotiations involving state agencies, local governments, and stakeholders and should be reviewed by the legislature.

(2) The legislature further finds that incentives may be appropriate to enhance protection of critical habitat for fish and wildlife species.

(3) Therefore, the legislature finds that there is a need to evaluate the effectiveness and efficiency of state and local land use planning protecting threatened and endangered species and to establish timelines for agency rule making related to shorelines to correspond with funding for local shoreline master programs and with collaborative negotiations with federal agencies regarding assurances for endangered species protection.

NEW SECTION. Sec. 2. A new section is added to chapter 90.58 RCW to read as follows:

(1) The joint task force on shoreline planning is created to consist of the following twenty-eight members or their designees:

(a) The following eight members of the house of representatives: (i) The co-chairs of the committee on appropriations; (ii) the co-chairs of the committee on local government; (iii) the co-chairs of the committee on natural resources; and (iv) the co-chairs of the committee on agriculture and ecology;

(b) The following eight members of the senate: (i) The chair and ranking minority of the committee on ways and means; (ii) the chair and ranking minority of the committee on state and local government; (iii) the chair and ranking minority of the committee on natural resources; and (iv) the chair and ranking minority of the committee on water resources;

(d) Three nonvoting members shall be appointed jointly by the co-speakers of the house of representatives and the majority and minority leaders of the senate, representing the citizens of the state;

(e) Two nonvoting members shall be appointed jointly by the co-speakers of the house of representatives and the majority and minority leaders of the senate from nominations by the association of Washington cities;

(f) Two nonvoting members shall be appointed jointly by the co-speakers of the house of representatives and the majority and minority leaders of the senate from nominations by the Washington state association of counties;

(g) Two nonvoting members shall be appointed jointly by the co-speakers of the house of representatives and the majority and minority leaders of the senate from nominations by environmental groups;

(h) Two nonvoting members shall be appointed jointly by the co-speakers of the house of representatives and the majority and minority leaders of the senate from nominations by the business community.

(2) The nonlegislative members of the task force on shoreline planning shall serve without compensation, but shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060. Legislative members of the joint task force on shoreline planning shall be reimbursed for travel expenses as provided in RCW 44.04.120. The staff of senate committee services and the office of program research of the house of representatives shall provide administrative and clerical assistance to the joint task force on shoreline planning.

(3) The joint task force on shoreline planning shall be co-chaired by one senator, chosen by the task force, and one state representative, chosen by the task force, from opposite parties. A quorum for any meeting or hearing shall be six members. The co-chairs may appoint experts and advisors as nonvoting members of the joint task force on shoreline planning to provide input on various subjects. Only the legislative members of the joint task force may vote on the adoption of findings, conclusions, or recommendations. Any final findings, conclusions, or recommendations of the joint task force on shoreline planning must be agreed to by at least eight legislative members; however, minority findings, conclusions, or recommendations may be included that are submitted by any legislative member or group of legislative members. The open public meetings act shall apply to all meetings and hearings of the joint task force on shoreline planning. Rules of procedure shall be established at the first meeting of the joint task force on shoreline planning.

NEW SECTION. Sec. 3. A new section is added to chapter 90.58 RCW to read as follows:

(1) The joint task force on shoreline planning shall review and make recommendations for legislation and policy regarding: (a) The use of the shoreline management act planning and permitting process to establish the measures necessary and appropriate to avoid harm to and protect and preserve threatened and endangered species and their habitat while preserving economic growth and development; (b) the integration of multiple land use laws, planning activities, and permitting systems to enhance the efficiency and effectiveness of regulatory programs for public and private property owners and lessen the costs associated with measures necessary and appropriate to avoid harm to and to protect and preserve fish and wildlife species and their habitat; (c) a schedule and funding sources for development and amendment of shoreline master programs for local governments identified in RCW 90.58.080(2)(b); (d) an accurate evaluation of the immediate and ongoing costs to all local governments of implementing revised guidelines; (e) identification of necessary funding for local governments to implement such changes as may be recommended; (f) regulatory flexibility that allows shoreline planning to reflect the value and use of habitat, geographic and economic diversity, existing patterns of development, and individual community circumstances and concerns; (g) mechanisms for prioritizing shoreline regulation to focus on areas where there is a demonstrated need for added protection; (h) incentives for landowners and local governments to enhance protection of shorelines; and (i) opportunities for the development of programmatic approaches for permitting programs.

(2) The joint task force on shoreline planning shall coordinate, to the extent possible, with the national marine fisheries service and the United States fish and wildlife service to ensure that species protection provided under the shoreline management act meets federal protection requirements under the endangered species act.

(3) The joint task force on shoreline planning shall commence July 1, 2000, periodically report its findings and any recommendations to the legislature, and present a final report addressing the recommendations of the joint task force on shoreline planning to the legislature by December 31, 2001.

Sec. 4. RCW 90.58.060 and 1995 c 347 s 304 are each amended to read as follows:

(1) The department shall periodically review and adopt guidelines consistent with RCW 90.58.020, containing the elements specified in RCW 90.58.100 for:

(a) Development of master programs for regulation of the uses of shorelines; and

(b) Development of master programs for regulation of the uses of shorelines of state-wide significance.

(2)(a) Before adopting or amending guidelines under this section, the department shall convene a work group to develop guidelines. The work group shall include representatives of all affected public agencies and interest groups, including but not limited to state agencies, counties, cities, other affected local governments, business associations, agriculture, aquaculture, environmental associations, and building industry associations. The department shall invite and encourage the participation of tribal governments and of federal and state agencies responsible for federal clean water act and endangered species act enforcement. The department shall use a negotiated decision-making process to develop the guidelines.

(b) Among other issues, in developing the guidelines, the department and the work group shall focus on and prioritize the restoration and enhancement of urban shoreline environments west of the crest of the Cascade mountain range that are listed as water quality limited segments under section 303(d) of the federal clean water act. The department and the work group shall develop strategies to address issues, including but not limited to contaminated sediments, storm water, land uses, hydraulic permit, and other activities, that may affect water quality and endangered species protection in these areas. The department and the work group shall include these strategies in the guidelines and prioritize mechanisms to address water quality problems and endangered species protection in these areas.

(c) When the negotiated process specified in this subsection has resulted in the development of guidelines, the department shall seek federal assurances from federal agencies responsible for federal endangered species act enforcement that the shoreline uses and activities governed by the guidelines and the local shoreline master programs developed or amended pursuant to these guidelines will not be subject to additional regulations or restrictions for purposes of federal endangered species act compliance. The department shall not proceed with adoption of the guidelines developed according to this subsection until it has received the federal assurances.

(3) After completing the process required by subsection (2) of this section and before the guidelines are adopted, the department shall provide an opportunity for public review and comment as follows:

(a) The department shall mail copies of the proposal to all cities, counties, and federally recognized Indian tribes, and to any other person who has requested a copy, and shall publish the proposed guidelines in the Washington state register. Comments shall be submitted in writing to the department within sixty days from the date the proposal has been published in the register.

(b) The department shall hold at least four public hearings on the proposal in different locations throughout the state to provide a reasonable opportunity for residents in all parts of the state to present statements and views on the proposed guidelines. Notice of the hearings shall be published at least once in each of the three weeks immediately preceding the hearing in one or more newspapers of general circulation in each county of the state. If an amendment to the guidelines addresses an issue limited to one geographic area, the number and location of hearings may be adjusted consistent with the intent of this subsection to assure all parties a reasonable opportunity to comment on the proposed amendment. The department shall accept written comments on the proposal during the sixty-day public comment period and for seven days after the final public hearing.

(c) At the conclusion of the public comment period, the department shall review the comments received and modify the proposal consistent with the provisions of this chapter. The department shall seek federal assurances for any modifications of the guidelines and shall obtain federal assurances before proceeding to adopt the modified guidelines. The proposal shall then be published for adoption pursuant to the provisions of chapter 34.05 RCW.

((~~(3)~~)) (4) The department may propose amendments to the guidelines not more than once each year. At least once every ((~~five~~)) seven years the department shall conduct a review of the guidelines pursuant to the procedures outlined in subsection ((~~(2)~~)) (3) of this section.

(5) For the purposes of this section, "federal assurances" has the same application and effect for shoreline uses and activities as specified in RCW 75.46.350 for forest practices.

Sec. 5. RCW 90.58.080 and 1995 c 347 s 305 are each amended to read as follows:

(1) Local governments shall develop or amend((~~, within twenty-four months after the adoption of guidelines as provided in RCW 90.58.060,~~)) a master program for regulation of uses of the shorelines of the state consistent with the required elements of the guidelines adopted by the department within the time specified by subsection (2) of this section.

(2)(a) Counties with populations greater than two hundred twenty-five thousand in 1999 as determined by the office of financial management and that are located west of the crest of the Cascade mountain range and the cities and towns therein with shorelines of the state shall review their master programs for compliance with the guidelines and adopt or amend master programs as necessary within thirty-six months after the adoption of guidelines as provided in RCW 90.58.060.

(b) For all counties, cities, and towns with shorelines of the state that are not subject to (a) of this subsection, a schedule for review and development or amendment of shoreline master programs shall be approved by the legislature after recommendations from the joint task force are submitted as provided in section 3 of this act.

NEW SECTION. Sec. 6. 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 takes effect immediately.

NEW SECTION. Sec. 7. Sections 1 through 3 of this act expire June 30, 2002.