2847-S2.E AMS EEW S4571.1

2847-S2.E AMS EEW S4571.1

E2SHB 2847 - S COMM AMD

By Committee on Environment, Energy & Water

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. (1) The legislature finds that preserving water quality and avoiding further degradation of already degraded waters are clear priorities for Washington state. Storm water management, particularly in urban areas and growing communities, presents a tremendous challenge for maintaining and improving water quality. The legislature finds that consistent and predictable standards for storm water management across multiple state, federal, and local jurisdictions are needed for the state to achieve environmental protection in a cost-effective manner.

(2) The legislature also finds that storm water management must satisfy state and federal water quality requirements while also providing state and local agencies, development interests, and others with a flexible set of tools and alternatives that can help ensure cost-effective storm water management.

(3) The legislature believes a watershed approach may allow state and local government to prioritize infrastructure investment and develop effective storm water management strategies. While a significant measure of on-site storm water management, retention, and detention should be an element of any given project, the legislature finds that, in some circumstances, on-site management could be combined with flexible, watershed-based mitigation tools such as off-site mitigation, mitigation sequencing, and the acquisition or restoration of habitat. Therefore, the legislature finds that, where appropriate, on-site practicability analysis, innovations, and incentives for alternative storm water management strategies, and retrofit strategies for existing impervious surfaces within project boundaries should be evaluated.

(4) The legislature finds that state agencies and local governments and, where appropriate, federal and tribal governments should identify streamlining opportunities to address and improve coordination of storm water management authority.

(5) The legislature acknowledges and encourages the appropriate use of flexibility in storm water management. To assist the legislature in reviewing the progress of storm water management, the legislature finds that scientific reviews should be undertaken. In addition, the legislature finds that a storm water advisory group should analyze and make recommendations for flexible implementation of storm water management programs.

NEW SECTION. Sec. 2. A new section is added to chapter 77.85 RCW to read as follows:

(1) The independent science panel created in RCW 77.85.040 must review the department of ecology's storm water manual for western Washington, dated August 31, 2001. The panel must:

(a) Review the scientific information that was used to develop the manual, with particular attention to the development of management practices and thresholds. The department of ecology must make all information utilized in the development of the manual available to the panel;

(b) Evaluate whether the recommendations in the manual are supportable by the cited science and identify scientific studies that are needed to address any identified concerns.

(2) In accordance with the provisions of RCW 77.85.040, the panel may contract with, or otherwise identify and consult with, other recognized experts in hydrology, stream geomorphology, biology, water quality, and storm water management in fulfilling the duties specified in this section.

(3) The panel must report its results for the storm water manual for western Washington by June 30, 2003.

NEW SECTION. Sec. 3. A new section is added to chapter 90.48 RCW to read as follows:

(1) The department shall convene a western Washington storm water advisory committee to coordinate and assist with implementation of storm water management in Washington. The storm water advisory committee shall be representative of storm water interests from western Washington and shall include representatives from urban and rural areas. The storm water advisory committee shall consist of no more than eighteen members. The storm water advisory committee shall include at least one representative of the department, the department of natural resources, the department of fish and wildlife, the Puget Sound action team, and the department of transportation. The storm water advisory committee also shall include at least one representative of each of the following interests, selected by the associations representing those interests: Counties, cities, port districts, environmental organizations, general contractors, commercial and industrial developers, agricultural organizations, businesses, and the general public.

(2) The president of the senate and the speaker of the house of representatives may each appoint two members from each major caucus in the senate and the house of representatives, respectively, to serve as liaisons for their respective chambers to the committee.

(3) The department shall invite and encourage representatives from federal agencies and tribes to participate in the storm water advisory committee's work.

(4) The storm water advisory committee shall work with the department and with the department's eastern Washington storm water steering committee to:

(a) Advise the department regarding the coordination between state and local government agencies on storm water management, including the appropriate use of the new storm water manuals and a streamlined permit process with consistent outcomes and goals;

(b) Develop recommendations for alternative watershed-based practices for flow control and water quality treatment utilizing watershed planning to assess the use of regional storm water facilities to augment or as an alternative to site-by-site storm water controls;

(c) Study, evaluate, and make recommendations on the feasibility of alternative storm water management approaches in highly urbanized areas and how best to address severely impaired water bodies in highly urbanized areas;

(d) Study, evaluate, and make recommendations on the appropriate use of off-site watershed-based mitigation for storm water flow and water quality impacts. The study and recommendations shall address issues related to stream flow and water quality impacts on fish species and other aquatic uses;

(e) Study, evaluate, and make recommendations on the funding needs for local governments to meet the new federal storm water regulations;

(f) Offer input to the department regarding the analysis required in section 4 of this act;

(g) To the maximum extent possible, coordinate efforts with the transportation permit efficiency and accountability committee established by RCW 47.06C.030. The storm water advisory committee shall build upon the 2001 storm water advisory committee report to the legislature, the independent science panel's review of the manual in section 2 of this act, and the analysis required in section 4 of this act; and

(h) Begin its work no later than July 1, 2002, and complete its work and provide a final report to the legislature by December 31, 2003.

(5) The department shall provide a progress report to the legislature on storm water management issues and the approach to these issues taken by the storm water advisory committee no later than December 31, 2002.

NEW SECTION. Sec. 4. A new section is added to chapter 90.48 RCW to read as follows:

(1) The department shall consider the comparative costs of alternatives available in meeting the goals of the storm water management manual for western Washington. This analysis shall be done recognizing that the manual must be consistent with state and federal water quality requirements.

(2) The department shall report its findings for the storm water manual for western Washington to the appropriate committees of the legislature by December 31, 2002.

NEW SECTION. Sec. 5. (1) While an integrated storm water management process is being developed, the department of ecology, the department of fish and wildlife, and all other state agencies and local governments are strongly encouraged to use flexibility in conditioning permits dealing with storm water management.

(2) Local governments in western Washington are strongly encouraged to use the department of ecology's storm water manual for western Washington, dated August 31, 2001, until such time as the department releases an updated manual.

(3) Every state agency and local government, in issuing permits under this section, must ensure compliance with all state and federal water quality laws.

(4) This section applies prospectively only and not retroactively. It applies only to applications for permits filed after the effective date of this section.

NEW SECTION. Sec. 6. If specific funding for the purposes of the act, referencing this act by bill or chapter number, is not provided by June 30, 2002, in the omnibus appropriations act, this act is null and void.

NEW SECTION. Sec. 7. 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. 8. This act expires June 30, 2004."

E2SHB 2847 - S COMM AMD

By Committee on Environment, Energy & Water

On page 1, line 2 of the title, after "program;" strike the remainder of the title and insert "adding a new section to chapter 77.85 RCW; adding new sections to chapter 90.48 RCW; creating new sections; providing an expiration date; and declaring an emergency."