"NEW SECTION.  Sec. 1   (1) The legislature intends to improve the overall efforts to conserve and recover Puget Sound by enhancing coordination and integration of the planning, budgeting, and program activities of entities with responsibilities under the Puget Sound recovery management plan. The goals of this act are to:
     (a) Foster and improve overall coordination and implementation of Puget Sound conservation and recovery efforts among all levels of government and the private sector, in part through developing and implementing the Puget Sound recovery management plan and biennial work plans;
     (b) Improve the coordination among federal, state, local, and tribal agencies and initiatives in order to better set priorities, adopt and implement work plans for protecting and restoring Puget Sound, and improve allocation of resources for these purposes;
     (c) Adopt performance measures and improve accountability for results and expenditures in plan implementation;
     (d) Prepare a budget that is scaled to appropriate timelines for achieving Puget Sound conservation, recovery, and prevention of further degradation, and ensure that this budget is considered when adopting state biennial budgets;
     (e) Revitalize a Sound-wide planning and implementation framework that integrates state agency activities with other Puget Sound protection and restoration activities;
     (f) Increase citizen involvement and oversight; and
     (g) Increase representation of nonstate agency interests and organized Puget Sound restoration programs on the Puget Sound council.
     (2) The legislature also finds that the counties, cities, and special purpose units of local government have major responsibilities regarding the management, protection, and cleanup of surface waters draining to Puget Sound, and other land use planning, habitat protection, infrastructure, and public health and safety responsibilities that form the foundation for the comprehensive and coordinated strategy set forth in the 2000 Puget Sound water quality management plan. The Puget Sound water quality action team is presently composed of ten state agency representatives and only two local government representatives, and does not adequately reflect the major responsibilities for water quality and habitat protection carried out by local governments. Therefore it is the purpose of this act to strengthen the local government membership on the Puget Sound water quality action team, renamed the Puget Sound recovery partnership, and to improve the partnership with local governments carrying out elements of the Puget Sound plan.

Sec. 2   RCW 90.71.005 and 1998 c 246 s 13 are each amended to read as follows:
     (1) The legislature finds that:
     (a) Puget Sound and related inland marine waterways of Washington state represent a unique and unparalleled resource. A rich and varied range of marine organisms, comprising an interdependent, sensitive communal ecosystem reside in these sheltered waters. Residents of this region enjoy a way of life centered around the waters of Puget Sound, featuring accessible recreational opportunities, world-class port facilities and water transportation systems, harvest of marine food resources, shoreline-oriented life styles, water-dependent industries, tourism, irreplaceable aesthetics, and other activities, all of which to some degree depend upon a clean and healthy marine resource;
     (b) The Puget Sound ((water quality authority)) action team has done an excellent job in developing a comprehensive plan to identify actions to restore and protect the biological health and diversity of Puget Sound;
     (c) While much excellent work has been done around the Puget Sound to protect and restore its resources, the scale of the efforts is not yet commensurate with the scale of the challenges, and heightened and improved efforts are needed if the long-term viability of Puget Sound is to be ensured;
     (d) The large number of federal, state, and local governmental entities that ((now)) have management, infrastructure, and regulatory programs and initiatives affecting the water quality of Puget Sound and its habitats have diverse interests and limited jurisdictions that ((cannot adequately)) require coordination to address the cumulative, wide-ranging impacts that contribute to the degradation of Puget Sound; and
     (((d))) (e) Coordination of ((the regulatory)) these programs and initiatives, at the state, federal, and local levels, is best accomplished through the development of an interagency mechanism((s)), including representatives of local governments within the Puget Sound basin, that allow these entities to transcend their diverse interests and limited jurisdictions.
     (2)(a) It is therefore the policy of the state of Washington to coordinate the activities of state, federal, and local agencies by establishing a partnership for Puget Sound with the following goals: To protect and restore Puget Sound's water quality; to protect and restore habitat for all native species in Puget Sound; and to protect the biological resources of Puget Sound and recover species at risk. The partnership shall develop and update as necessary the Puget Sound recovery management plan, a comprehensive and inclusive plan for Puget Sound that describes the problems and priority areas for action and describes the roles and responsibilities of the various federal, state, and local agencies in undertaking the necessary actions as provided in section 4 of this act.
     (b) To implement the plan, the partnership shall develop and implement a biennial work plan that clearly delineates state and ((local)) other actions at the level of effort necessary to protect and restore the biological health and diversity of Puget Sound. It is further the policy of the state to implement that work plan and the Puget Sound ((water quality)) recovery management plan to the maximum extent possible. To further the policy of the state, ((a recovery)) applicable sections of any water quality cleanup plan, fish or wildlife recovery plan, or other watershed health plan or plans developed under ((the)) federal ((endangered species act)), state, or local authority for a portion or all of the Puget Sound ((shall)) may be considered for inclusion into the Puget Sound ((water quality)) recovery management plan. Nothing in this section alters, affects, or replaces the approval and oversight processes related to the other plans considered for inclusion in the Puget Sound recovery management plan.

Sec. 3   RCW 90.71.010 and 1996 c 138 s 2 are each amended to read as follows:
     Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
     (1) "Action team" means the ((Puget Sound water quality action team)) staff to the partnership.
     (2) "Chair" means the chair of the partnership, who also serves as the executive director of the action team.
     (3) "Council" means the Puget Sound council created in RCW 90.71.030.
     (4) "Partnership" means the Puget Sound recovery partnership described in RCW 90.71.020.
     (5) "Plan" or "Puget Sound recovery management plan" means the ((1994)) 2000 Puget Sound water quality management plan ((as it exists June 30, 1996, and)) described in section 4 of this act, as subsequently amended by the ((action team)) partnership.
     (((5) "Support staff" means the staff to the action team.))
     (6) "Puget Sound" means Puget Sound and related inland marine waterways including all salt waters of the state of Washington inside the international boundary line between Washington and British Columbia, and lying east of the junction of the Pacific Ocean and the Strait of Juan de Fuca.
     (7) "Work plan" means the work plan and budget developed by the action team and the partnership.

NEW SECTION.  Sec. 4   A new section is added to chapter 90.71 RCW to read as follows:
     (1) The Puget Sound recovery management plan adopted by the partnership shall be a comprehensive document that describes the problems and priority areas for action to achieve the goals of the maintenance and enhancement of Puget Sound water quality, protection and restoration of habitat, and maintenance of Puget Sound's biological resources. The plan shall provide a clear and compelling case statement of the problems affecting Puget Sound's health and the actions needed to conserve and recover Puget Sound. The plan shall further describe the roles and responsibilities of the various federal, state, and local agencies in undertaking the necessary actions. The plan shall address all the waters of Puget Sound and related inland marine waters, including portions of the Strait of Juan de Fuca and the Strait of Georgia within the state, and, to the extent that they affect water quality and habitat in Puget Sound, all waters flowing into Puget Sound and related inland marine waters and adjacent lands. The partnership may define specific geographic boundaries within which the plan applies. The plan shall incorporate to the extent feasible existing planning and research efforts and conservation and recovery initiatives of state agencies and local government related to Puget Sound, and shall seek to avoid duplication of existing efforts. The plan shall:
     (a) Be organized around the long-term goals for Puget Sound of protecting and restoring Puget Sound's water quality; protecting and restoring habitat for all native species in Puget Sound; and protecting the biological resources of Puget Sound and recovering species at risk;
     (b) Be organized by priority areas for attention and action;
     (c) Provide detail on the strategies to be used to advance progress in each priority area, set explicit objectives in each priority area, and delineate clear and quantifiable measures of success;
     (d) Include timelines for actions in conjunction with the Puget Sound council as provided in subsection (2) of this section;
     (e) Assign responsibilities for action in each of the priority areas to federal, state, local, and tribal governments;
     (f) Delineate a pathway to success in each priority area within a fifteen-year time frame; and
     (g) Include by reference applicable sections of related plans, which shall be included by the partnership only as already approved by the appropriate authorities. Referenced plans must be subject to future changes as provided for by the appropriate authorities.
     (2) The council shall work with the partnership to incorporate into the Puget Sound recovery management plan overall timeline goals for accomplishing all elements of the plan. Except for conditions that involve an extraordinary degradation or complexity in restoration, the goals shall establish a restoration timeline of not more than fifteen years from the effective date of this section.
     (3) The management plan developed pursuant to this section has no regulatory authority and shall not be the basis of any regulatory action by entities represented on the partnership.

Sec. 5   RCW 90.71.020 and 1998 c 246 s 14 are each amended to read as follows:
     (1)(a) The Puget Sound ((action team)) recovery partnership is created. The ((action team)) partnership shall define, coordinate, and implement the state's conservation and recovery agenda for Puget Sound. The partnership shall consist of: The directors of the departments of ecology; agriculture; natural resources; fish and wildlife; and community, trade, and economic development; the ((secretaries)) secretary of the department((s)) of health ((and transportation; the director of the parks and recreation commission; the director of the interagency committee for outdoor recreation; the administrative officer of the conservation commission designated in RCW 89.08.050; one person)); the administrative officer of the conservation commission; two people representing cities, appointed by the governor; one person representing special purpose governments, appointed by the governor; two people representing counties, appointed by the governor; ((one person)) two people representing federally recognized tribes, appointed by the governor; and the ((chair)) executive director of the action team, who shall also serve as the chair of the partnership. Gubernatorial appointees shall serve two-year terms. In making the appointments for city, county, and special purpose government representatives, the governor is encouraged to select individuals with experience in local government and expertise in the areas of water quality, habitat, growth management, public health, and transportation, as they relate to conditions and activities affecting the water quality and habitat of Puget Sound.
     (b) The following ad hoc, nonvoting members shall serve on the partnership: The secretary of the department of transportation, the director of the parks and recreation commission, the director of the interagency committee for outdoor recreation, and the chair of the Puget Sound council.
     (c) The ((action team)) partnership shall also ((include)) invite the following ex officio nonvoting members, among others as deemed appropriate in the future: The regional director of the United States environmental protection agency; the regional administrator of the national marine fisheries service; ((and)) the regional supervisor of the United States fish and wildlife service; the Seattle district commander of the United States army corps of engineers; the regional administrator of the United States geological survey; the executive director of the northwest straits commission; the chair of the Puget Sound shared strategy; and the executive director of the Hood Canal coordinating council.
     (d) The members representing nongovernmental organizations, tribes, cities ((and)), counties, and special purpose governments shall each be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.
     (2) The ((action team)) partnership shall:
     (a) Periodically update and amend the Puget Sound recovery management plan, in consultation with the council;
     (b) Prepare a Puget Sound work plan and budget ((for inclusion in the governor's biennial budget)), in consultation with the council;
     (((b))) (c) Coordinate actions, programs, and initiatives across and among the partner agencies to achieve the objectives of the plan;
     (d) Coordinate monitoring and research programs ((as provided in RCW 90.71.060));
     (((c))) (e) Consult with local governments in implementing the Puget Sound recovery management plan and biennial work plans, and prioritize attention by the action team upon assisting local governments in obtaining state and federal funding for carrying out local government programs and in effectively coordinating local government programs with those of neighboring local governments and state and federal programs;
     (f) Work ((under the direction of)) in cooperation with the ((action team)) partnership chair ((as provided in RCW 90.71.040));
     (((d) Coordinate permitting requirements as necessary to expedite permit issuance for any local watershed plan developed pursuant to rules adopted under this chapter;
     (e))) (g) Identify and resolve any policy or rule conflicts that may exist between one or more agencies represented ((on the action team)) in the partnership;
     (((f) Periodically amend the Puget Sound management plan;
     (g) Enter into, amend, and terminate contracts with individuals, corporations, or research institutions for the purposes of this chapter;
     (h) Receive such gifts, grants, and endowments, in trust or otherwise, for the use and benefit of the purposes of the action team. The action team may expend the same or any income therefrom according to the terms of the gifts, grants, or endowments;
     (i))) (h) Appoint advisory committees as needed to manage efforts on particular issues in Puget Sound and to obtain information regarding conservation efforts around Puget Sound;
     (i) Promote extensive public participation, and otherwise seek to broadly disseminate information concerning Puget Sound;
     (j) Receive and expend funding from other public agencies; and
     (k) ((To reduce costs and improve efficiency, review by December 1, 1996, all requirements for reports and documentation from state agencies and local governments specified in the plan for the purpose of eliminating and consolidating reporting requirements; and
     (l) Beginning in December 1998, and every two years thereafter,)) Submit a biennial report to the appropriate policy ((and fiscal)) committees of the legislature that provides an update on the overall health of Puget Sound and describes and evaluates the ((successes and shortcomings of)) efforts and actions of the partnership in implementing the current work plan ((relative to the priority problems identified for each geographic area of Puget Sound)) and recommends responsive actions needed to be taken by the legislature.
     (3) ((By July 1, 1996, the action team shall begin developing its initial work plan, which shall include the coordination of necessary support staff)) The partnership may appoint from among its members a team to manage the collaborative work of the partnership.
     (4) The ((action team)) partnership shall incorporate, to the maximum extent possible, the recommendations of the Puget Sound council regarding amendments to the Puget Sound management plan and the work plan.
     (5) All proceedings of the ((action team)) partnership are subject to the open public meetings act under chapter 42.30 RCW.

Sec. 6   RCW 90.71.030 and 1999 c 241 s 3 are each amended to read as follows:
     (1) There is established the Puget Sound council composed of ((eleven)) thirteen members. ((Seven)) Nine members shall be appointed by the governor. In making these appointments, the governor shall include representation from business, the environmental community, agriculture, the shellfish industry, counties, cities, conservation districts, and the tribes. Two members shall be members of the senate selected by the president of the senate with one member selected from each caucus in the senate, and two members shall be members of the house of representatives selected by the speaker of the house of representatives with one member selected from each caucus in the house of representatives. The legislative members shall be nonvoting members of the council. The executive director of the action team shall be an ex officio, nonvoting member. Appointments to the council shall reflect geographical balance and the diversity of population within the Puget Sound basin. Members shall serve four-year terms. ((Of the initial members appointed to the council, two shall serve for two years, two shall serve for three years, and two shall serve for four years. Thereafter members shall be appointed to four-year terms.)) Vacancies shall be filled by appointment in the same manner as the original appointment for the remainder of the unexpired term of the position being vacated. Nonlegislative members shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060. Legislative members shall be reimbursed as provided in RCW 44.04.120.
     (2) The council shall:
     (a) Recommend to the ((action team)) partnership priorities, projects, and activities for inclusion in the biennial work plan;
     (b) Recommend to the ((action team)) partnership coordination of work plan activities with other relevant activities, including but not limited to, agencies' activities other than those funded through the plan, ((local)) plan ((initiatives)) elements being implemented by local governments, and governmental and nongovernmental watershed restoration and protection activities; ((and))
     (c) Recommend to the ((action team)) partnership proposed amendments to the Puget Sound management plan; and
     (d) Oversee the implementation of the elements of the work plan that receive funding through legislative provisos of the biennial and supplemental appropriations acts, monitor progress of the partnership agencies in carrying out the work plan, and produce an annual report to the legislature on progress.
     (3) ((The chair of the action team shall convene the council at least four times per year and shall jointly convene the council and the action team at least two times per year)) The executive director of the action team shall provide staff support of at least one full-time equivalent to the council to meet these requirements. The council shall select a chair from among its voting members who will convene the council at least four times a year. Two of these meetings shall be planned in conjunction with the chair of the partnership and shall coincide with meetings of the partnership. The chair of the council shall serve a two-year term, renewable for one term if selected by the council.

Sec. 7   RCW 90.71.040 and 1996 c 138 s 5 are each amended to read as follows:
     (1) ((By June 1, 1996,)) The governor shall appoint a person ((in the governor's office)) to chair the partnership and serve as the executive director of the action team. The chair shall serve at the pleasure of the governor.
     (2) The chair shall be responsible for:
     (a) ((Organizing)) Providing administrative support to the council, and working with the chair of the council to organize the development of the council recommendations;
     (b) ((Organizing)) Administering all the work of the partnership and the action team described in RCW 90.71.020, including the development of the work plan required under RCW 90.71.050;
     (c) Presenting a work plan and budget ((recommendations)) to the governor and the legislature;
     (d) Overseeing the implementation of the elements of the work plan that receive funding ((through appropriations)) by the legislature; ((and))
     (e) ((Serving as chair of the council.)) Entering into, amending, and terminating contracts and grants with individuals, corporations, or research institutions for the purposes of this chapter; and
     (f) Receiving such gifts, grants, and endowments, in trust or otherwise, for the use and benefit of the purposes of this chapter, and making expenditures, including any income therefrom, according to the terms of the gifts, grants, or endowments.
     (3) The chair of the ((action team)) partnership shall be a full-time employee responsible for the administration of all functions of the partnership, the action team, and the council((, including)). Responsibilities include hiring and terminating support staff, budget preparation, contracting, managing grants, coordinating with the governor, the legislature, and other state and local entities, and the delegation of responsibilities as deemed appropriate. The salary of the chair shall be fixed by the governor, subject to RCW 43.03.040.

Sec. 8   RCW 90.71.050 and 1998 c 246 s 15 are each amended to read as follows:
     (1)(a) Each biennium, the ((action team)) partnership shall prepare a Puget Sound work plan and budget for inclusion in the governor's biennial budget and for submission to the legislature. The work plan shall ((prescribe)): (i) Describe the conservation and restoration priorities in Puget Sound, and (ii) describe the necessary federal, state, and local actions to maintain and enhance Puget Sound water quality, ((including but not limited to, enhancement of recreational opportunities, and restoration)) protect and restore important habitat, and ensure the viability of a balanced population of indigenous shellfish, fish, and wildlife. The work plan ((and budget)) shall include specific actions and projects pertaining to salmon recovery plans.
     (b) In developing a work plan, the ((action team)) partnership shall meet the following objectives:
     (i) Use the plan elements of the Puget Sound management plan to prioritize ((local and)) state actions necessary to restore and protect the biological health and diversity of Puget Sound;
     (ii) ((Consider the problems and priorities identified in local plans)) Represent significant activities of the state agencies that contribute to Puget Sound conservation and recovery; and
     (iii) Coordinate the work plan activities with other relevant activities, including but not limited to, agencies' activities that have not been funded through the plan, local plans, and governmental and nongovernmental watershed restoration activities.
     (((c) In developing a budget, the action team shall identify:
     (i) The total funds to implement local projects originating from the planning process developed for nonpoint pollution; and
     (ii) The total funds to implement any other projects designed primarily to restore salmon habitat.))
     (2) In addition to the requirements identified under RCW 90.71.020(2)(((a))) (b), the work plan and budget shall:
     (a) Identify and prioritize ((the local and)) state actions necessary to address ((the)) Puget Sound's water quality problems ((in the following locations:
     (i) Area 1: Island and San Juan counties;
     (ii) Area 2: Skagit and Whatcom counties;
     (iii) Area 3: Clallam and Jefferson counties;
     (iv) Area 4: Snohomish, King, and Pierce counties; and
     (v) Area 5: Kitsap, Mason, and Thurston counties;
     (b) Provide sufficient)), habitat protection and restoration, and species recovery;
     (b) Identify funding ((to characterize local watersheds, provide technical assistance, and implement state responsibilities identified in the work plan. The number and qualifications of staff assigned to each region shall be determined by the types of problems identified pursuant to (a) of this subsection)) needed to address high priority problems;
     (c) ((Provide sufficient)) Recommend actions to local governments;
     (d) Identify funding ((to implement)) needs for implementation and ((coordinate)) coordination of the Puget Sound ambient monitoring plan pursuant to RCW 90.71.060; and
     (((d) Provide funds to assist local jurisdictions to implement elements of the work plan assigned to local governments and to develop and implement local plans;
     (e) Provide sufficient funding to provide support staff for the action team; and
     (f))) (e) Describe any proposed amendments to the Puget Sound management plan.
     (3) The work plan shall be submitted to the governor by September 15th of each even-numbered year and to the appropriate policy ((and fiscal)) committees of the legislature by December 20th of each even-numbered year.
     (4) The work plan shall be implemented consistent with the legislative provisos of the biennial appropriation acts.

Sec. 9   RCW 90.71.060 and 1996 c 138 s 7 are each amended to read as follows:
     In addition to other powers and duties specified in this chapter, the action team and the partnership shall ensure implementation and coordination of the Puget Sound ambient monitoring program established in the Puget Sound management plan. The program shall include, at a minimum:
     (1) A research program, including but not limited to methods to provide current research information to managers and scientists, and to establish priorities based on the needs of the partnership members and the action team;
     (2) A monitoring program, including baselines, protocols, guidelines, and quantifiable performance measures. In consultation with state agencies, local and tribal governments, and other public and private interests, the action team, working with the council, shall develop and track quantifiable performance measures that can be used by the governor and the legislature to assess the effectiveness over time of programs and actions initiated under the plan to improve and protect Puget Sound water quality, habitat, and biological resources. ((The performance measures shall be developed by June 30, 1997.)) The performance measures shall include, but not be limited to a methodology to track the progress of: Fish and wildlife habitat; sites with sediment contamination; wetlands; shellfish beds; and other key indicators of Puget Sound's health. The performance measures should, to the extent possible, be consistent with those developed by state agencies for their reporting requirements to the office of financial management and the legislature. State agencies shall, and local governments are encouraged to, assist the action team in the development and tracking of these performance measures. The performance measures may be limited to a selected geographic area.

NEW SECTION.  Sec. 10   A new section is added to chapter 90.71 RCW to read as follows:
     The council shall conduct a review of the partnership's proposed biennial work plan in October of each even-numbered year and shall include a budget review and recommendation cover letter to the document when it is presented to the appropriate policy and fiscal committees of the legislature in December. This letter shall specify, among other items, the council's recommendations on appropriate allocations among priorities in the work plan, on the overall levels of funding proposed, and on their adequacy in meeting the timelines established in section 4 of this act.

Sec. 11   RCW 90.71.070 and 1996 c 138 s 8 are each amended to read as follows:
     (1) Local governments are ((required)) encouraged to implement local elements of the biennial work plan ((subject to the availability of appropriated funds or other funding sources)) and management plan.
     (2) The council shall review the progress of work plan implementation((. Where prescribed actions have not been accomplished in accordance with the work plan, the)) and work cooperatively with responsible ((agency shall submit to the council written explanations for the shortfalls, together with proposed remedies)) local governments and state agencies to address delays or shortfalls in plan implementation.

Sec. 12   RCW 90.71.080 and 1996 c 138 s 9 are each amended to read as follows:
     The chairs of the ((action team)) partnership and council shall jointly hold public hearings to solicit public comment on the work plan.

Sec. 13   RCW 90.71.100 and 2001 c 273 s 3 are each amended to read as follows:
     (1) The action team shall establish a shellfish - on-site sewage grant program in Puget Sound and for Pacific and Grays Harbor counties. The action team shall provide funds to local health jurisdictions to be used as grants to individuals for improving their on-site sewage systems. The grants may be provided only in areas that have the potential to adversely affect water quality in commercial and recreational shellfish growing areas. A recipient of a grant shall enter into an agreement with the appropriate local health jurisdiction to maintain the improved on-site sewage system according to specifications required by the local health jurisdiction. The action team shall work closely with local health jurisdictions and shall endeavor to attain geographic equity between Willapa Bay and the Puget Sound when making funds available under this program. For the purposes of this subsection, "geographic equity" means issuing on-site sewage grants at a level that matches the funds generated from the oyster reserve lands in that area.
     (2) In the Puget Sound, the action team shall give first priority to areas that are:
     (a) Identified as "areas of special concern" under WAC 246-272-01001; or
     (b) Included within a shellfish protection district under chapter 90.72 RCW.
     (3) In Grays Harbor and Pacific counties, the action team shall give first priority to preventing the deterioration of water quality in areas where commercial or recreational shellfish are grown.
     (4) The action team and each participating local health jurisdiction shall enter into a memorandum of understanding that will establish an applicant income eligibility requirement for individual grant applicants from within the jurisdiction and other mutually agreeable terms and conditions of the grant program.
     (5) The action team may recover the costs to administer this program not to exceed ten percent of the shellfish - on-site sewage grant program.
     (((6) For the 2001-2003 biennium, the action team may use up to fifty percent of the shellfish - on-site sewage grant program funds for grants to local health jurisdictions to establish areas of special concern under WAC 246-272-01001, or for operation and maintenance programs therein, where commercial and recreational uses are present.))

Sec. 14   RCW 90.71.900 and 1996 c 138 s 15 are each amended to read as follows:
     This ((act)) chapter may be known and cited as the Puget Sound ((water quality protection)) recovery partnership act.

NEW SECTION.  Sec. 15   A new section is added to chapter 90.71 RCW to read as follows:
     All references to the chair of the action team or the action team in the Revised Code of Washington shall be construed to mean the chair of the partnership, who is also the executive director of the action team, when referring to the functions transferred in this section.

Sec. 16   RCW 28B.30.632 and 1990 c 289 s 2 are each amended to read as follows:
     (1) The sea grant and cooperative extension shall jointly administer a program to provide field agents to work with local governments, property owners, and the general public to increase the propagation of shellfish, and to address Puget Sound water quality problems within Kitsap, Mason, and Jefferson counties that may limit shellfish propagation potential. The sea grant and cooperative extension shall each make available the services of no less than two agents within these counties for the purposes of this section.
     (2) The responsibilities of the field agents shall include but not be limited to the following:
     (a) Provide technical assistance to property owners, marine industry owners and operators, and others, regarding methods and practices to address nonpoint and point sources of pollution of Puget Sound;
     (b) Provide technical assistance to address water quality problems limiting opportunities for enhancing the recreational harvest of shellfish;
     (c) Provide technical assistance in the management and increased production of shellfish to facility operators or to those interested in establishing an operation;
     (d) Assist local governments to develop and implement education and public involvement activities related to Puget Sound water quality;
     (e) Assist in coordinating local water quality programs with region-wide and statewide programs;
     (f) Provide information and assistance to local watershed committees.
     (3) The sea grant and cooperative extension shall mutually coordinate their field agent activities to avoid duplicative efforts and to ensure that the full range of responsibilities under RCW 28B.30.632 ((through 28B.30.636)) and 28B.30.634 are carried out. They shall consult with the Puget Sound ((water quality authority)) recovery partnership and ensure consistency with the authority's water quality management plan.
     (4) Recognizing the special expertise of both agencies, the sea grant and cooperative extension shall cooperate to divide their activities as follows:
     (a) Sea grant shall have primary responsibility to address water quality issues related to activities within Puget Sound, and to provide assistance regarding the management and improvement of shellfish production; and
     (b) Cooperative extension shall have primary responsibility to address upland and freshwater activities affecting Puget Sound water quality and associated watersheds.

Sec. 17   RCW 43.63A.247 and 1994 c 264 s 25 are each amended to read as follows:
     The senior environmental corps is created within the department of community, trade, and economic development. The departments of agriculture, community, trade, and economic development, employment security, ecology, fish and wildlife, health, and natural resources, the parks and recreation commission, and the Puget Sound ((water quality authority)) recovery partnership shall participate in the administration and implementation of the corps and shall appoint representatives to the council.

Sec. 18   RCW 70.118.090 and 1994 c 281 s 6 are each amended to read as follows:
     The department may not use funds appropriated to implement an element of the Puget Sound ((water quality authority)) recovery partnership work plan to conduct any activity required under chapter 281, Laws of 1994.

Sec. 19   RCW 70.146.070 and 1999 c 164 s 603 are each amended to read as follows:
     (1) When making grants or loans for water pollution control facilities, the department shall consider the following:
     (a) The protection of water quality and public health;
     (b) The cost to residential ratepayers if they had to finance water pollution control facilities without state assistance;
     (c) Actions required under federal and state permits and compliance orders;
     (d) The level of local fiscal effort by residential ratepayers since 1972 in financing water pollution control facilities;
     (e) The extent to which the applicant county or city, or if the applicant is another public body, the extent to which the county or city in which the applicant public body is located, has established programs to mitigate nonpoint pollution of the surface or subterranean water sought to be protected by the water pollution control facility named in the application for state assistance; and
     (f) The recommendations of the Puget Sound ((action team)) recovery partnership and any other board, council, commission, or group established by the legislature or a state agency to study water pollution control issues in the state.
     (2) Except where necessary to address a public health need or substantial environmental degradation, a county, city, or town planning under RCW 36.70A.040 may not receive a grant or loan for water pollution control facilities unless it has adopted a comprehensive plan, including a capital facilities plan element, and development regulations as required by RCW 36.70A.040. This subsection does not require any county, city, or town planning under RCW 36.70A.040 to adopt a comprehensive plan or development regulations before requesting or receiving a grant or loan under this chapter if such request is made before the expiration of the time periods specified in RCW 36.70A.040. A county, city, or town planning under RCW 36.70A.040 which has not adopted a comprehensive plan and development regulations within the time periods specified in RCW 36.70A.040 is not prohibited from receiving a grant or loan under this chapter if the comprehensive plan and development regulations are adopted as required by RCW 36.70A.040 before submitting a request for a grant or loan.
     (3) Whenever the department is considering awarding grants or loans for public facilities to special districts requesting funding for a proposed facility located in a county, city, or town planning under RCW 36.70A.040, it shall consider whether the county, city, or town planning under RCW 36.70A.040 in whose planning jurisdiction the proposed facility is located has adopted a comprehensive plan and development regulations as required by RCW 36.70A.040.

Sec. 20   RCW 77.60.130 and 2000 c 149 s 1 are each amended to read as follows:
     (1) The aquatic nuisance species committee is created for the purpose of fostering state, federal, tribal, and private cooperation on aquatic nuisance species issues. The mission of the committee is to minimize the unauthorized or accidental introduction of nonnative aquatic species and give special emphasis to preventing the introduction and spread of aquatic nuisance species. The term "aquatic nuisance species" means a nonnative aquatic plant or animal species that threatens the diversity or abundance of native species, the ecological stability of infested waters, or commercial, agricultural, or recreational activities dependent on such waters.
     (2) The committee consists of representatives from each of the following state agencies: Department of fish and wildlife, department of ecology, department of agriculture, department of health, department of natural resources, Puget Sound ((water quality action team)) recovery partnership, state patrol, state noxious weed control board, and Washington sea grant program. The committee shall encourage and solicit participation by: Federally recognized tribes of Washington, federal agencies, Washington conservation organizations, environmental groups, and representatives from industries that may either be affected by the introduction of an aquatic nuisance species or that may serve as a pathway for their introduction.
     (3) The committee has the following duties:
     (a) Periodically revise the state of Washington aquatic nuisance species management plan, originally published in June 1998;
     (b) Make recommendations to the legislature on statutory provisions for classifying and regulating aquatic nuisance species;
     (c) Recommend to the state noxious weed control board that a plant be classified under the process designated by RCW 17.10.080 as an aquatic noxious weed;
     (d) Coordinate education, research, regulatory authorities, monitoring and control programs, and participate in regional and national efforts regarding aquatic nuisance species;
     (e) Consult with representatives from industries and other activities that may serve as a pathway for the introduction of aquatic nuisance species to develop practical strategies that will minimize the risk of new introductions; and
     (f) Prepare a biennial report to the legislature with the first report due by December 1, 2001, making recommendations for better accomplishing the purposes of this chapter, and listing the accomplishments of this chapter to date.
     (4) The committee shall accomplish its duties through the authority and cooperation of its member agencies. Implementation of all plans and programs developed by the committee shall be through the member agencies and other cooperating organizations.

Sec. 21   RCW 77.85.210 and 2001 c 298 s 3 are each amended to read as follows:
     (1) The monitoring oversight committee is hereby established. The committee shall be comprised of the directors or their designated representatives of:
     (a) The salmon recovery office;
     (b) The department of ecology;
     (c) The department of fish and wildlife;
     (d) The conservation commission;
     (e) The Puget Sound ((action team)) recovery partnership;
     (f) The department of natural resources;
     (g) The department of transportation; and
     (h) The interagency committee for outdoor recreation.
     (2) The director of the salmon recovery office and the chair of the salmon recovery funding board, or their designees, shall cochair the committee. The cochairs shall convene the committee as necessary to develop, for the consideration of the governor and legislature, a comprehensive and coordinated monitoring strategy and action plan on watershed health with a focus on salmon recovery. The committee shall invite representation from the treaty tribes to participate in the committee's efforts. In addition, the committee shall invite participation by other state, local, and federal agencies and other entities as appropriate. The committee shall address the monitoring recommendations of the independent science panel provided under RCW 77.85.040(7) and of the joint legislative audit and review committee in its report number 01-1 on investing in the environment.
     (3) The independent science panel shall act as an advisor to the monitoring oversight committee and shall review all work products developed by the committee and make recommendations to the committee cochairs.
     (4) A legislative steering committee is created consisting of four legislators. Two of the legislators shall be members of the house of representatives, each representing different major political parties, appointed by the co-speakers of the house of representatives. The other two legislators shall be members of the senate, each representing different major political parties, appointed by the president of the senate. The monitoring oversight committee shall provide briefings to the legislative steering committee on a quarterly basis on the progress that the oversight committee is making on the development of the coordinated monitoring strategy and action plan, and the establishment of an adaptive management framework. The briefings shall include information on how the monitoring strategy will be coordinated with other government efforts, expected benefits and efficiencies that will be achieved, recommended funding sources and funding levels that will ensure stable sources of funding for monitoring, and the efforts and cooperation provided by agencies to improve coordination of their activities.
     (5) The committee shall make recommendations to individual agencies to improve coordination of monitoring activities.
     (6) The committee shall:
     (a) Define the monitoring goals, objectives, and questions that must be addressed as part of a comprehensive statewide salmon recovery monitoring and adaptive management framework;
     (b) Identify and evaluate existing monitoring activities for inclusion in the framework, while ensuring data consistency and coordination and the filling of monitoring gaps;
     (c) Recommend statistical designs appropriate to the objectives;
     (d) Recommend performance measures appropriate to the objectives and targeted to the appropriate geographical, temporal, and biological scales;
     (e) Recommend standardized monitoring protocols for salmon recovery and watershed health;
     (f) Recommend procedures to ensure quality assurance and quality control of all relevant data;
     (g) Recommend data transfer protocols to support easy access, sharing, and coordination among different collectors and users;
     (h) Recommend ways to integrate monitoring information into decision making;
     (i) Recommend organizational and governance structures for oversight and implementation of the coordinated monitoring framework;
     (j) Recommend stable sources of funding that will ensure the continued operation and maintenance of the state's salmon recovery and watershed health monitoring programs, once established; and
     (k) Identify administrative actions that will be undertaken by state agencies to implement elements of the coordinated monitoring program.
     (7) In developing the coordinated monitoring strategy, the committee shall coordinate with other appropriate state, federal, local, and tribal monitoring efforts, including but not limited to the Northwest power planning council, the Northwest Indian fisheries commission, the national marine fisheries service, and the United States fish and wildlife service. The committee shall also consult with watershed planning units under chapter 90.82 RCW, lead entities under this chapter, professional organizations, and other appropriate groups.
     (8) The cochairs shall provide an interim report to the governor and the members of the appropriate legislative committees by March 1, 2002, on the progress made in implementing this section. By December 1, 2002, the committee shall provide a monitoring strategy and action plan to the governor, and the members of the appropriate legislative committees for achieving a comprehensive watershed health monitoring program with a focus on salmon recovery. The strategy and action plan shall document the results of the committee's actions in addressing the responsibilities described in subsection (6) of this section. In addition, the monitoring strategy and action plan shall include an assessment of existing state agency operations related to monitoring, evaluation, and adaptive management of watershed health and salmon recovery, and shall recommend any operational or statutory changes and funding necessary to fully implement the enhanced coordination program developed under this section. The plan shall make recommendations based upon the goal of fully realizing an enhanced and coordinated monitoring program by June 30, 2007.

Sec. 22   RCW 79.90.550 and 1987 c 259 s 1 are each amended to read as follows:
     The legislature finds that the department of natural resources provides, manages, and monitors aquatic land disposal sites on state-owned aquatic lands for materials dredged from rivers, harbors, and shipping lanes. These disposal sites are approved through a cooperative planning process by the departments of natural resources and ecology, the United States corps of engineers, and the United States environmental protection agency in cooperation with the Puget Sound ((water quality authority)) recovery partnership. These disposal sites are essential to the commerce and well being of the citizens of the state of Washington. Management and environmental monitoring of these sites are necessary to protect environmental quality and to assure appropriate use of state-owned aquatic lands. The creation of an aquatic land dredged material disposal site account is a reasonable means to enable and facilitate proper management and environmental monitoring of these disposal sites.

Sec. 23   RCW 79A.60.510 and 1999 c 249 s 1506 are each amended to read as follows:
     The legislature finds that the waters of Washington state provide a unique and valuable recreational resource to large and growing numbers of boaters. Proper stewardship of, and respect for, these waters requires that, while enjoying them for their scenic and recreational benefits, boaters must exercise care to assure that such activities do not contribute to the despoliation of these waters, and that watercraft be operated in a safe and responsible manner. The legislature has specifically addressed the topic of access to clean and safe waterways by requiring the 1987 boating safety study and by establishing the Puget Sound ((action team)) recovery partnership.
     The legislature finds that there is a need to educate Washington's boating community about safe and responsible actions on our waters and to increase the level and visibility of the enforcement of boating laws. To address the incidence of fatalities and injuries due to recreational boating on our state's waters, local and state efforts directed towards safe boating must be stimulated. To provide for safe waterways and public enjoyment, portions of the watercraft excise tax and boat registration fees should be made available for boating safety and other boating recreation purposes.
     In recognition of the need for clean waterways, and in keeping with the Puget Sound action team's water quality work plan, the legislature finds that adequate opportunities for responsible disposal of boat sewage must be made available. There is hereby established a five-year initiative to install sewage pumpout or sewage dump stations at appropriate marinas.
     To assure the use of these sewage facilities, a boater environmental education program must accompany the five-year initiative and continue to educate boaters about boat wastes and aquatic resources.
     The legislature also finds that, in light of the increasing numbers of boaters utilizing state waterways, a program to acquire and develop sufficient waterway access facilities for boaters must be undertaken.
     To support boating safety, environmental protection and education, and public access to our waterways, the legislature declares that a portion of the income from boating-related activities, as specified in RCW 82.49.030 and 88.02.040, should support these efforts.

Sec. 24   RCW 79A.60.520 and 1999 c 249 s 1507 are each amended to read as follows:
     The commission, in consultation with the departments of ecology, fish and wildlife, natural resources, social and health services, and the Puget Sound ((action team)) recovery partnership shall conduct a literature search and analyze pertinent studies to identify areas which are polluted or environmentally sensitive within the state's waters. Based on this review the commission shall designate appropriate areas as polluted or environmentally sensitive, for the purposes of chapter 393, Laws of 1989 only.

Sec. 25   RCW 90.48.260 and 2003 c 325 s 7 are each amended to read as follows:
     The department of ecology is hereby designated as the State Water Pollution Control Agency for all purposes of the federal clean water act as it exists on February 4, 1987, and is hereby authorized to participate fully in the programs of the act as well as to take all action necessary to secure to the state the benefits and to meet the requirements of that act. With regard to the national estuary program established by section 320 of that act, the department shall exercise its responsibility jointly with the Puget Sound ((water quality authority)) recovery partnership. The department of ecology may delegate its authority under this chapter, including its national pollutant discharge elimination permit system authority and duties regarding animal feeding operations and concentrated animal feeding operations, to the department of agriculture through a memorandum of understanding. Until any such delegation receives federal approval, the department of agriculture's adoption or issuance of animal feeding operation and concentrated animal feeding operation rules, permits, programs, and directives pertaining to water quality shall be accomplished after reaching agreement with the director of the department of ecology. Adoption or issuance and implementation shall be accomplished so that compliance with such animal feeding operation and concentrated animal feeding operation rules, permits, programs, and directives will achieve compliance with all federal and state water pollution control laws. The powers granted herein include, among others, and notwithstanding any other provisions of chapter 90.48 RCW or otherwise, the following:
     (1) Complete authority to establish and administer a comprehensive state point source waste discharge or pollution discharge elimination permit program which will enable the department to qualify for full participation in any national waste discharge or pollution discharge elimination permit system and will allow the department to be the sole agency issuing permits required by such national system operating in the state of Washington subject to the provisions of RCW 90.48.262(2). Program elements authorized herein may include, but are not limited to: (a) Effluent treatment and limitation requirements together with timing requirements related thereto; (b) applicable receiving water quality standards requirements; (c) requirements of standards of performance for new sources; (d) pretreatment requirements; (e) termination and modification of permits for cause; (f) requirements for public notices and opportunities for public hearings; (g) appropriate relationships with the secretary of the army in the administration of his responsibilities which relate to anchorage and navigation, with the administrator of the environmental protection agency in the performance of his duties, and with other governmental officials under the federal clean water act; (h) requirements for inspection, monitoring, entry, and reporting; (i) enforcement of the program through penalties, emergency powers, and criminal sanctions; (j) a continuing planning process; and (k) user charges.
     (2) The power to establish and administer state programs in a manner which will insure the procurement of moneys, whether in the form of grants, loans, or otherwise; to assist in the construction, operation, and maintenance of various water pollution control facilities and works; and the administering of various state water pollution control management, regulatory, and enforcement programs.
     (3) The power to develop and implement appropriate programs pertaining to continuing planning processes, area-wide waste treatment management plans, and basin planning.
     The governor shall have authority to perform those actions required of him or her by the federal clean water act.

NEW SECTION.  Sec. 26   It is the intent of the legislature for at least one of the two members of the house of representatives assigned to serve on the Puget Sound council under RCW 90.71.030 for the years 2005 through 2007 to be selected from the membership of the house of representatives' select committee on Hood Canal."