BILL REQ. #:  S-2143.1 

READ FIRST TIME 03/02/05.   

     AN ACT Relating to considering water quality when preparing and reviewing growth management plans and regulations; adding a new section to chapter 36.70A RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   (1) The legislature finds that Washington's marine waters are at significant risk.
     (2) As one example the legislature recognizes Hood Canal is a marine water of the state exhibiting water quality problems that create significant environmental concerns. The legislature finds:
     (a) Hood Canal has a dead zone related to low-dissolved oxygen concentrations, a condition that has recurred for many years;
     (b) The May 2004 Preliminary Assessment and Corrective Action Plan published by the state Puget Sound action team and the Hood Canal coordinating council finds that the low-dissolved oxygen concentrations in Hood Canal may result from nitrogen loading in the water and that failing on-site sewage systems and storm water runoff are the most likely human sources of nitrogen in the Hood Canal dead zone; and
     (c) The Preliminary Assessment and Corrective Action Plan includes recommendations to address Hood Canal's problems, including education, training, incentives, and requirements for protecting and restoring buffers along Hood Canal streams and shorelines, and use of low-impact development techniques.
     (3) The legislature also finds the Hood Canal dead zone is not an isolated problem. The legislature recognizes that the United States commission on ocean policy's September 2004 report, An Ocean Blueprint for the 21st Century, documents that these problems affect Washington's sounds, coasts, and oceans. The legislature also recognizes this report documents that adverse coastal impacts occur not only from uses of coastal areas but also from uses occurring a considerable distance from the ocean. The legislature further recognizes this report includes recommendations regarding clear goals for marine areas, better coordination, clarification of laws, adaptive management, and improved coastal and ocean resources protection.
     (4) The legislature finds that, while substantial progress has been made in protecting Washington's environment, more is now known about the significant effects of development along the state's shorelines. The legislature intends to provide the tools necessary to address the evolving understanding of measures needed to maintain and, when required, enhance water quality for Washington's marine shorelines while accommodating appropriate development consistent with city and county comprehensive plans.
     (5) The legislature recognizes the state's growth management act includes a goal and general requirements to protect water quality as well as the state's surface and ground waters, including Puget Sound. The legislature also recognizes these provisions are codified at RCW 36.70A.020(10), 36.70A.030(14)(g), and 36.70A.070 (1) and (5)(c)(iv). The legislature further recognizes the growth management act defines this goal and these requirements and gives additional guidance for local governments and the public while allowing for local choices and solutions. The legislature finds the approach taken in the growth management act will protect our marine waters and assist counties, cities, and the public. The legislature therefore intends that the provisions of this act be implemented by counties and cities according to the schedule specified in RCW 36.70A.130.
     (6) Nothing in this act affects the settlement that led to the adoption of the current shoreline master program guidelines.

NEW SECTION.  Sec. 2   A new section is added to chapter 36.70A RCW to read as follows:
     (1) When preparing comprehensive plans and development regulations according to this chapter and when reviewing comprehensive plans and development regulations according to RCW 36.70A.130, cities and counties shall consider land use measures to maintain and, when required, enhance water quality and habitat as recommended by public agency plans or programs.
     (2) When designating and protecting critical areas according to this chapter, counties and cities shall consider measures to maintain and, when required, enhance water quality at a level allowing water bodies to support fish and wildlife conservation areas, wetlands, and any aquifers used for potable water to which the surface water body contributes.
     (3) Counties and cities may not designate in a comprehensive plan adopted under chapter 36.70A RCW urban growth areas on marine shorelines not already occupied by urban growth unless the designation is necessary for water-dependent or water-related uses.
     (4) Counties and cities shall implement the requirements of this section according to the schedule specified in RCW 36.70A.130.
     (5) The requirements of this section apply to counties whose territory includes Hood Canal, Puget Sound, the Strait of Juan de Fuca, or the Pacific Ocean and to the cities and towns in those counties.
     (6) Nothing in this section is intended to affect the requirements or provisions of the state's water pollution control laws, chapter 90.48 RCW, or the federal clean water act, 33 U.S.C. Sec. 1251 et seq.
     (7) Nothing in this act shall create a new cause of action before the growth management hearings boards for any plans or programs not adopted under chapter 36.70A RCW.