BILL REQ. #:  S-1212.3 

Read first time 02/11/2005.   Referred to Committee on Water, Energy & Environment.

     AN ACT Relating to increased coordination between the Puget Sound action team and other governmental entities; amending RCW 90.71.005, 90.71.010, 90.71.020, 90.71.030, 90.71.040, 90.71.050, 90.71.060, 90.71.070, 90.71.080, and 90.71.900; adding new sections to chapter 90.71 RCW; creating a new section; and decodifying RCW 90.71.902.

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

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 conservation and 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 conservation and 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 allocate 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 all 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, and to expand the assistance that the team provides to 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 conservation and 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)) conservation and recovery management plan to the maximum extent possible. To further the policy of the state, ((a recovery)) 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 be considered for inclusion into the Puget Sound ((water quality)) conservation and 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 staff of the action team.
     (3) "Council" means the Puget Sound council created in RCW 90.71.030.
     (4) "Partnership" means the Puget Sound conservation and recovery partnership described in RCW 90.71.020.
     (5) "Plan" or "Puget Sound conservation and 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 all salt waters of the state of Washington inside the international boundary line between Washington and British Columbia, and lying east of 123° 24' west longitude, which is east of Port Angeles.
     (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 conservation and 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 the Strait of Juan de Fuca, and, to the extent that they affect water quality and habitat in Puget Sound, all waters flowing into Puget Sound and adjacent lands. The partnership may define specific geographic boundaries within which the plan applies. The plan shall coordinate and incorporate existing planning and research efforts and conservation and recover initiatives of state agencies and local government related to Puget Sound, and shall 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 established by 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) Demonstrate a feasible pathway to success in each priority area within a twenty-five year time frame; and
     (g) Include by reference all related plans.
     (2)(a) The council shall work with the partnership to incorporate into the Puget Sound conservation and 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 twenty years from the effective date of this section.
     (b) The council shall also work with the partnership to incorporate into the plan timeline goals to achieve program and activity levels by each state agency carrying out responsibilities under the plan sufficient to maintain Puget Sound water quality and protect and restore habitat, considering population increases, changes in land use patterns, and other demographic and natural changes projected for the Puget Sound region.

Sec. 5   RCW 90.71.020 and 1998 c 246 s 14 are each amended to read as follows:
     (1) The Puget Sound ((action team)) conservation and 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 or designee 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. 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. 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. The members representing 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 conservation and recovery management plan, in consultation with and upon approval of the council;
     (b) Prepare a Puget Sound work plan and budget ((for inclusion in the governor's biennial budget)), in consultation with and upon approval of 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 conservation and 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))) (g) Coordinate permitting requirements as necessary to expedite permit issuance for any local watershed plan or habitat plan developed pursuant to rules adopted under this chapter under chapter 90.82 or 77.85 RCW, or other comprehensive watershed plan developed to address water quality or habitat protection or restoration;
     (((e))) (h) 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))) (i) Appoint advisory committees as needed to manage efforts on particular issues in Puget Sound and to obtain information regarding conservation efforts around Puget Sound;
     (j) Enter into, amend, and terminate contracts and grants with individuals, corporations, or research institutions for the purposes of this chapter;
     (((h))) (k) Receive such gifts, grants, and endowments, in trust or otherwise, for the use and benefit of the purposes of ((the action team)) this chapter. The ((action team)) partnership may expend the same or any income therefrom according to the terms of the gifts, grants, or endowments;
     (((i))) (l) Promote extensive public participation, and otherwise seek to broadly disseminate information concerning Puget Sound;
     (((j))) (m) 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,)) (n) 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 an executive committee to serve as an ongoing management team for 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, 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. Nonlegislative members shall serve four-year terms, and not more than two 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 appropriations by the legislature, 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)) Working with the chair of the council to organize the development of the council recommendations;
     (b) Organizing 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; and
     (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)).
     (3) The chair of the ((action team)) partnership shall be a full-time employee responsible for the administration of all functions of the action team ((and the council, including)). Responsibilities include hiring and terminating support staff, budget preparation, contracting, 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)). The work plan shall ((prescribe)) describe the conservation and restoration priorities in Puget Sound and 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 all 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)) 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. 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 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.

NEW SECTION.  Sec. 11   A new section is added to chapter 90.71 RCW to read as follows:
     (1) From moneys specifically appropriated to the council for this purpose, the council shall make the final decision on the award of grants for implementing programs or activities included within the Puget Sound management plan. This grant program, to be known as the priorities of the Puget Sound program, shall be identified in the council's biennial budget. The budget shall identify activities that may be funded under the program and carried out by private, public nonprofit, or governmental entities. The grants shall be awarded on a competitive basis.
     (2) It is the intent of this chapter that each biennial operating appropriations act beginning with the 2005-07 biennium include funding for this program in an amount of five million dollars or more.

Sec. 12   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. 13   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. 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)) conservation and recovery partnership act.

NEW SECTION.  Sec. 15   A new section is added to chapter 90.71 RCW to read as follows:
     The powers, duties, and functions of the Puget Sound action team are transferred to the Puget Sound conservation and recovery partnership. 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.

NEW SECTION.  Sec. 16   RCW 90.71.902 is decodified.