AN ACT Relating to evaluating the performance of the state storm water program; 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.

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

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 is imperative 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. The legislature recognizes that, in attempting to address these needs, the department of ecology, working with other agencies and stakeholders, has developed a storm water manual for western Washington, and is in the process of developing a storm water manual for eastern Washington. The legislature also recognizes that manuals are designed to be used as guidelines for addressing storm water impacts resulting from development, road construction projects, wastewater discharge, and other actions that affect streams, waterways, and hydrological conditions. Although the department of ecology has made a good faith effort to develop the storm water manual in a manner that has utilized scientifically based information and involved input from various affected parties, the legislature finds that there has been no explicit statutory direction or guidance provided to the department of ecology and other resource agencies in addressing storm water management. The legislature therefore believes that the legislature should be involved in the state's development of a storm water management process that protects natural resources, and compliance with federal and state water quality requirements, while providing implementation flexibility.

(3) The legislature further finds that the state has made considerable investments in supporting watershed management, including creation of data bases, organizational capacity building for watershed councils, and watershed planning efforts for salmon recovery, ground water protection, water supply, and flood management. The legislature believes there may be significant efficiencies to be gained by integrating storm water into a multijurisdictional watershed approach in addition to the current focus on managing storm water on a project-by-project basis. The legislature also 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 believes 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) In addition, the legislature finds that significant fragmentation in authority exists among local, state, and federal agencies in managing storm water and that these agencies can better coordinate standards, practices, and approaches for managing storm water. The legislature believes 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 exercised by local, state, and federal jurisdictions.

(5) Finally, 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 and cost-benefit analysis of the storm water manual must 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) Determine what scientific information 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) Determine whether the recommendations in the manual are supportable by the cited science. If the manual's recommendations are based on inadequate scientific support, the panel must identify what specific scientific studies are needed to address any identified limitations.

(2) The panel must determine whether the recommendations for alternative watershed-based storm water practices for flow control and water quality treatment developed by the storm water advisory committee established under section 3 of this act are supportable by the cited science. If the recommendations are based on inadequate scientific support, the panel must identify what specific scientific studies are needed to address any identified limitations.

(3) 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, water quality, and storm water management in fulfilling the duties specified in this section.

(4) The panel must report its results for the storm water manual for western Washington by December 31, 2002.

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

(1) The department shall convene a 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 both eastern and western Washington and shall include representatives from urban and rural areas and arid and wet climates. 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, 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, and businesses.

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

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

(a) Improve 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 the appropriate use of off-site watershed-based mitigation for storm water flow and water quality impacts. The study 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) Assist in developing the cost-benefit 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 must also build upon the 2000 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 cost-benefit analysis required in section 4 of this act; and

(h) Begin its work no later than July 1, 2002, and complete its work by December 31, 2003.

(4) 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 evaluate the costs and benefits of using the storm water management manual for western Washington. Recognizing that the manual must be consistent with state and federal water quality requirements, the analysis must evaluate whether the probable benefits of the best management practices in the storm water manual exceed the probable costs of the best management practices in the storm water manual. This analysis shall take into account both the qualitative and quantitative benefits and costs of the best management practices.

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

NEW SECTION. Sec. 5. While an integrated storm water management process is being developed, the department of ecology is strongly encouraged to use flexibility in conditioning permits dealing with storm water management.

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. This act expires June 30, 2004.