[atlas:bill]

AN ACT Relating to environmental quality benchmarks; amending RCW 43.21A.510 and 49.70.175; and creating new sections.

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

NEW SECTION. Sec. 1. (1) The legislature finds that Washington's citizens should have access to environmental benchmarks information, and should have the opportunity to participate in developing and maintaining a benchmark program. An enormous amount of environmental quality data is collected for many purposes, but primarily for administering environmental quality and public health programs. Key benchmark information is distilled from this great quantity of data in only rare instances. Such information should be compiled and be presented in a manner that the public will find useful in making choices about individual actions and in expressing their views on priorities for governmental action. This information should address those key parameters that the public finds most important in staying informed on environmental quality conditions and trends over time.

(2) The legislature further finds that a system of environmental quality benchmarks is an integral component of transiting from traditional command and control regulatory strategies to protect environmental quality to performance-based strategies that allow greater flexibility in choosing the means to attain goals that are publicly developed and supported. The success of such second generation environmental protection strategies is dependent upon high quality information that is widely available and useable by the regulated community and the public generally.

(3) Therefore, it is the purpose of this act to authorize the development of a proposal for an environmental quality benchmarks program for future legislative consideration, and to make better use of existing monitoring data and analysis to inform the public and to further performance-based environmental quality strategies.

NEW SECTION. Sec. 2. (1) The Washington state institute for public policy shall provide to the legislature a report that includes a proposal for a Washington environmental benchmarks program. The institute shall review benchmark programs currently operating at the local and state level, and in other states. The institute's review shall address and provide options as well as recommendations on:

(a) Ensuring a continuous and meaningful role for the public in adopting benchmarks and advising on how the benchmark information should be used in governmental programs;

(b) Administering and funding the benchmark program;

(i) Water resources;

(ii) Air resources;

(iii) Soil;

(iv) Public health effects from environmental contaminants or conditions;

(v) Forest land and farmland resources;

(vi) Fish and wildlife resources; and

(vii) Important and unique natural areas;

(d) Methods to rely primarily on existing monitoring data sources and analysis;

(e) A long-term strategy for tracking trends on key benchmarks and ensuring that data will be collected continuously over time to make such trends' information useful and accurate; and

(f) Identifying benchmark parameters for which information widely accessible by the public and regulated community would support performance-based strategies.

(2) In conducting the study, the institute shall consult with legislators, local, state, and federal environmental agency program staff, and interested stakeholder groups.

(3) The institute may accept nonstate funds to conduct the study.

(4) The institute's report and recommendations shall be submitted no later than December 15, 2002.

Sec. 3. RCW 43.21A.510 and 1995 c 399 s 66 are each amended to read as follows:

(1) In order to assist the department of community, trade, and economic development in providing information to businesses interested in locating in Washington state and to assist Washington citizens in making informed decisions regarding actions to protect and restore the state's environmental quality, the department shall develop and periodically update an environmental profile of the state. This profile shall identify the state's natural resources and environmental quality conditions, and provide information on trends over time on such resources and conditions. The profile shall describe how these assets are valuable to the public and to industry. Examples of information to be included are water resources and quality, air quality, and recreational opportunities related to natural resources.

(2) The department shall complete the initial profile by June 30, 2004, and shall incorporate benchmark information that may be developed as a result of the report in section 2 of this act.

Sec. 4. RCW 49.70.175 and 1985 c 410 s 5 are each amended to read as follows:

Funds in the worker and community right to know fund established under RCW 49.70.170 may be spent by the department of ecology to implement RCW 70.102.020 (1) through (3) following legislative appropriation, and through June 30, 2003, may be expended for the development of a proposal for an environmental benchmark program under chapter . . ., Laws of 2002 (this act). Disbursements from the fund shall be on authorization of the director of the department of ecology.