BILL REQ. #:  H-1806.1 

Read first time 02/17/2005.   Referred to Committee on Select Committee on Hood Canal.

     AN ACT Relating to establishing a management program for Hood Canal rehabilitation; adding new sections to chapter 90.-- RCW; creating a new section; and declaring an emergency.

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

NEW SECTION.  Sec. 1   (1) The legislature finds that Hood Canal is a precious aquatic resource of our state. The legislature finds that Hood Canal is a rich source of recreation, fishing, aquaculture, and aesthetic enjoyment for the citizens of this state. The legislature also finds that Hood Canal has great cultural significance for the tribes in the Hood Canal area. The legislature therefore recognizes Hood Canal's substantial environmental, cultural, economic, recreational, and aesthetic importance to Washington.
     (2) The legislature finds that Hood Canal is a marine water of the state at significant risk. The legislature finds that Hood Canal has a "dead zone" related to low-dissolved oxygen concentrations, a condition that has recurred for many years. The legislature also finds this problem and various contributors to the problem were documented in the May 2004 Preliminary Assessment and Corrective Action Plan published by the state Puget Sound action team and the Hood Canal coordinating council.
     (3) The legislature further finds that significant research, monitoring, and study efforts are currently occurring regarding Hood Canal's low-dissolved oxygen concentrations. The legislature also finds numerous public, private, and community organizations are working to provide public education and identify potential solutions.
     (4) The legislature finds a need exists for the state to take action to address and resolve Hood Canal's low-dissolved oxygen concentrations. The legislature also finds a need exists to coordinate and manage a rehabilitation program for Hood Canal and to administer funding for projects, studies, and activities related to resolving the Hood Canal's concerns. The legislature therefore intends to establish this rehabilitation program and create a program manager to coordinate and administer the Hood Canal rehabilitation program and funding.

NEW SECTION.  Sec. 2   (1) A program for rehabilitation of Hood Canal is established in Jefferson, Kitsap, and Mason counties within the aquatic rehabilitation zone one.
     (2) The program's management board created under section 3 of this act is responsible for coordinating efforts and implementing actions to address and resolve the low-dissolved oxygen concentrations in Hood Canal. The management board may receive and disburse program funds.
     (3) Unless otherwise specified, the management board created in section 3 of this act constitutes the program manager for fulfilling requirements and exercising powers under this chapter.

NEW SECTION.  Sec. 3   (1) A management board is created within the aquatic rehabilitation zone one.
     (2) The management board members shall consist of:
     (a) One county commissioner from each of the three participating counties specified in section 2 of this act, selected by each county legislative authority;
     (b) One tribal councilmember from the Skokomish Tribe, appointed by the tribe, if the tribe agrees to participate; and
     (c) One tribal councilmember from the Port Gamble S'Kallam Tribe, appointed by the tribe, if the tribe agrees to participate.
     (3) The management board may be established:
     (a) Through an existing entity that meets the requirements of section 2 of this act and this section, including but not limited to a watershed-based council of governments established under chapter 39.34 RCW or a nonprofit public benefit corporation established under chapter 24.03 RCW; or
     (b) As a new entity created by the participating county and tribal governments.
     (4) The management board shall solicit participation by state and federal agencies with expertise in areas related to program activities. The management board may include state and federal agency representatives as nonvoting management board members or may appoint them to a technical advisory committee. The management board also may appoint additional persons to a technical advisory committee as needed.
     (5) The chair of the management board shall be selected by the management board's voting members.
     (6) Vacancies on the management board shall be filled in the same manner as the original appointments were selected.
     (7) The management board shall participate in the development of the program established under section 2 of this act.
     (8) Any of the participating counties and tribes or state agencies may continue individual efforts and activities for rehabilitation of Hood Canal. Nothing in this section limits the authority of units of local government to enter into interlocal agreements under chapter 39.34 RCW or any other provision of law.
     (9) The management board may not exercise authority over land or water within the individual counties or otherwise preempt the authority of any units of local government.
     (10) The management board shall prioritize as appropriate and approve projects, studies, and activities related to addressing and resolving the low-dissolved oxygen concentrations in Hood Canal, including the funding of those projects and programs, and coordinate local government efforts with respect to the program established according to section 2 of this act. The management board shall establish criteria for funding projects, studies, and activities based upon their likely value in addressing and resolving Hood Canal's low-dissolved oxygen concentrations.
     (11) The management board may hire and fire staff, including an executive director, enter into contracts, accept grants and other moneys, disburse funds, make recommendations to local governments about potential regulations and the development of programs and incentives upon request, pay all necessary expenses, and choose a fiduciary agent.
     (12) The management board shall report its progress on a quarterly basis to the legislative bodies of the participating counties and tribes and the participating state agencies. The management board also shall submit an annual report describing its efforts and successes in implementing the program established according to section 2 of this act to the appropriate committees of the legislature.

NEW SECTION.  Sec. 4   Sections 2 and 3 of this act are each added to chapter 90.-- RCW (the new chapter created in House Bill No. .... (H-1766.2/05)).

NEW SECTION.  Sec. 5   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.