[atlas:bill]

AN ACT Relating to evaluating the performance of the state storm water program; adding a new section to chapter 77.85 RCW; adding a new section to chapter 90.48 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 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 tremendous challenge for maintaining and improving water quality. The legislature finds that development of 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 provide protection of natural resources 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 and detention. The legislature recognizes that, in response to these needs and enhanced water quality requirements under the federal clean water act, 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 templates 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 ensures high performance for water quality, 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 multiobjective 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 rather than the current focus on managing 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 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 on-site practicability analysis, innovations and incentives for storm water banking, and retrofit strategies for existing impervious surface within project boundaries should be evaluated in determining the storm water strategy for individual projects.

(4) In addition, the legislature finds that significant fragmentation in authority exists between local, state, and federal agencies in managing storm water. The legislature believes state agencies and local governments, and where appropriate, federal and tribal governments, should identify streamlining opportunities to address fragmentation between storm water 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 analyses of the storm water management manuals 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, and, upon completion, the storm water manual for eastern Washington. The panel must:

(a) Determine what scientific information was used to develop the manuals, 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 manuals available to the panel;

(b) Determine whether the recommendations in the manuals are supportable by the cited science. If the manuals' 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 report its results for the storm water management manual for western Washington by December 31, 2002. The panel must report its findings for the storm water management manual for eastern Washington no later than six months after the manual is completed.

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

(1) The department must convene a storm water advisory committee to coordinate and assist with the final development of a storm water manual for eastern Washington, and the review and implementation of the storm water management manuals for eastern and western Washington. At a minimum, the storm water advisory committee must include at least one representative selected by the following agencies and associations: The department, the department of natural resources, the department of fish and wildlife, the department of transportation, the Washington state association of counties, the association of Washington cities, the Washington environmental council, people for Puget Sound, the associated general contractors of Washington, and the association of Washington businesses. Membership on the advisory committee is open to other interested environmental, business, professional, and citizen groups. The department must also invite and encourage representatives from federal agencies and tribes to participate. The storm water advisory committee must work with the department to:

(a) Improve coordination between state and local government agencies on storm water management, including the appropriate use of the new storm water management manuals and a streamlined permit process with consistent outcome 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 and evaluate the feasibility of alternative water quality objectives for severely impaired waterbodies in highly urbanized areas.

(d) Study the appropriate use of off-site mitigation for storm water flow and water quality impacts. The use must address issues related to stream flow impacts on fish species.

(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 subsection (2) of this section.

(g) To the maximum extent possible, coordinate efforts with the transportation projects 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 manuals in section 2 of this act, and the cost-benefit analysis required in subsection (2) of this section.

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

(2) The department must evaluate the costs and benefits of using the storm water management manuals. The evaluation must determine whether the probable benefits of the best management practices are greater than their probable costs, taking into account both the qualitative and quantitative benefits and costs of the policies implemented. The department must report its results for the storm water management manual for western Washington by December 31, 2002. The department must report its results for the storm water management manual for eastern Washington by March 1, 2003.

(3) While an integrated storm water management process is being developed, the department and other resource agencies are strongly encouraged to use flexibility in conditioning permits dealing with storm water management.

This section expires June 30, 2004.

NEW SECTION. Sec. 4. 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.