"NEW SECTION.  Sec. 1   (1) The legislature finds that Washington contains an array of marine protected areas managed by state, federal, tribal, and local governments in both coastal areas and in the Puget Sound. The many entities managing marine protected areas have developed distinct goals for protected areas, criteria for protected area establishment, management practices, terminology, and monitoring practices for these areas. The legislature supports all efforts to protect, conserve, and sustainably manage marine life and resources. However, the legislature finds that additional coordination between marine protected areas managers will improve the collective resource protection capacity of marine protected areas in Washington. The legislature further finds that additional coordination between state agencies and local governments and citizens will increase local involvement in, and the success of, marine protected areas.
     (2) The legislature further finds that many state agencies and local governments, in addition to marine protected areas, also administer aquatic preserves, conservation areas, and other similar geographically based area conservation designations that are a valuable means to protect and enhance Puget Sound's marine resources. Climate change impacts and increased population and development in the Puget Sound basin will place further stresses upon sustaining the biological diversity and ecosystem health of Puget Sound, underscoring the importance of conservation efforts.
     (3) It is the intent of the legislature that state and local actions intended to protect, conserve, and manage marine life and resources be conducted in a coordinated manner, use the best available science, consider the projected impacts on Puget Sound's marine areas from climate change, and contribute to the recovery of the Puget Sound's environmental health by 2020.
     (4) It is the purpose of this act to:
     (a) Create a strategic network of marine managed areas that contribute to conserving the biological diversity and ecosystem health of coastal areas and the Puget Sound and that contribute to the recovery of Puget Sound's health by 2020;
     (b) Strengthen the coordination of marine managed areas among multiple state agencies and local governments and align these efforts with the work of the Puget Sound partnership to recover the Puget Sound's health by 2020;
     (c) Provide for management and designation of marine managed areas programs on an ecosystem basis and incorporate the best available scientific information into these programs;
     (d) Adopt a plan that builds a comprehensive system of marine managed areas in Washington's waters, adopts goals and benchmarks for maintaining the diversity of marine life and resources in Washington's waters, and is based upon anticipated threats and stressors such as climate change impacts and population growth;
     (e) Recognize the interrelationship of the marine ecosystem throughout the Pacific Northwest, and the multiple entities, including local, state, provincial, and federal governments, as well as tribal governments and first nations, that are involved in managing marine managed areas; and
     (f) Adopt codified criteria and procedures applicable to the aquatic reserve program on state-owned aquatic lands.

NEW SECTION.  Sec. 2   (1) The coastal marine protected areas work group is established. The work group shall:
     (a) Examine the current inventory and management of Washington's coastal marine protected areas;
     (b) Develop recommendations to improve coordination and consistency among coastal marine protected areas and marine protected areas managers regarding goals for protected areas, criteria for protected area establishment, management practices, terminology, and monitoring practices;
     (c) Develop recommendations to improve the integration of science into the establishment and management of coastal marine protected areas;
     (d) Develop recommendations to further integrate local governments and nongovernmental organizations into the establishment and management of coastal marine protected areas; and
     (e) Provide any other recommendations to improve the effectiveness of coastal marine protected areas in Washington.
     (2)(a) The director of the department of fish and wildlife, or the director's designee, shall chair the work group created in this section. The chair is responsible for convening the work group and for directing the process of the work group.
     (b) The chair of the work group shall invite a balanced composition of representatives from state agencies and local governments with jurisdiction over, or that manage, coastal marine protected areas in Washington to participate in the work group. These entities must include, but are not limited to:
     (i) The department of fish and wildlife;
     (ii) The department of natural resources;
     (iii) The state parks and recreation commission;
     (iv) Any appropriate marine resources committees; and
     (v) Appropriate federal agencies and tribal governments.
     (c) State agencies invited to participate in the work group must participate and work cooperatively with the department of fish and wildlife to carry out the requirements and purposes of this act.
     (3) For the purposes of this section, "marine protected area" means a geographic marine or estuarine area located in coastal waters, as that term is defined in RCW 43.143.020, designated by a state, federal, tribal, or local government in order to provide long-term protection for part or all of the resources within that area.
     (4) By December 1, 2009, the work group must provide the appropriate committees of the legislature with:
     (a) An inventory of coastal marine protected areas in Washington; and
     (b) A summary of the issues and recommendations identified under subsection (1)(b) through (e) of this section.
     (5) The coastal marine protected areas work group established under this section shall coordinate with the marine managed areas work group established in section 6 of this act. The two work groups may share resources and expertise when appropriate.

Sec. 3   RCW 90.71.010 and 2007 c 341 s 2 are each amended to read as follows:
     ((Unless the context clearly requires otherwise,)) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Action agenda" means the comprehensive schedule of projects, programs, and other activities designed to achieve a healthy Puget Sound ecosystem that is authorized and further described in RCW 90.71.300 and 90.71.310.
     (2) "Action area" means the geographic areas delineated as provided in RCW 90.71.260.
     (3) "Benchmarks" means measurable interim milestones or achievements established to demonstrate progress towards a goal, objective, or outcome.
     (4) "Board" means the ecosystem coordination board.
     (5) "Council" means the leadership council.
     (6) "Environmental indicator" means a physical, biological, or chemical measurement, statistic, or value that provides a proximate gauge, or evidence of, the state or condition of Puget Sound.
     (7) "Implementation strategies" means the strategies incorporated on a biennial basis in the action agenda developed under RCW 90.71.310.
     (8) "Marine managed area" means a named, discrete geographic marine or estuarine area designated by statute, ordinance, resolution, or administrative action, whose designation is intended to protect, conserve, or otherwise manage the marine life and resources within the area.
     (9) "Nearshore" means the area beginning at the crest of coastal bluffs and extending seaward through the marine photics zone, and to the head of tide in coastal rivers and streams. "Nearshore" also means both shoreline and estuaries.
     (((9))) (10) "Panel" means the Puget Sound science panel.
     (((10))) (11) "Partnership" means the Puget Sound partnership.
     (((11))) (12) "Plan" means the Puget Sound marine managed areas plan developed under section 4 of this act.
     (13) "Puget Sound" means Puget Sound and related inland marine waters, 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, and the rivers and streams draining to Puget Sound as mapped by water resource inventory areas 1 through 19 in WAC 173-500-040 as it exists on July 1, 2007.
     (((12))) (14) "Puget Sound partner" means an entity that has been recognized by the partnership, as provided in RCW 90.71.340, as having consistently achieved outstanding progress in implementing the 2020 action agenda.
     (((13))) (15) "Watershed groups" means all groups sponsoring or administering watershed programs, including but not limited to local governments, private sector entities, watershed planning units, watershed councils, shellfish protection areas, regional fishery enhancement groups, marine ((resource[s])) resources committees including those working with the Northwest straits commission, nearshore groups, and watershed lead entities.
     (((14))) (16) "Watershed programs" means and includes all watershed-level plans, programs, projects, and activities that relate to or may contribute to the protection or restoration of Puget Sound waters. Such programs include jurisdiction-wide programs regardless of whether more than one watershed is addressed.

NEW SECTION.  Sec. 4   A new section is added to chapter 90.71 RCW to read as follows:
     (1) The partnership shall prepare a Puget Sound marine managed areas plan to coordinate and strengthen all of the marine managed areas programs managed by state agencies and local governments. The plan must be incorporated into the Puget Sound action agenda adopted under RCW 90.71.310.
     (2) The plan required by this section must include, but not be limited to:
     (a) Guidelines for identifying key species of concern, threats to these species, and threshold levels of protected habitat needed to recover these species and Puget Sound as a whole to health by 2020;
     (b) Guidelines for incorporating the best available scientific information when designating and managing marine managed areas;
     (c) Guidelines for managing areas on an ecosystem basis and for coordinating multiple programs and areas within the same biogeographical regions to achieve ecosystem-based management;
     (d) Benchmarks to measure progress toward the recovery of species and protected habitat;
     (e) Recommendations for adequate levels of funding for the designation, long-term management, and monitoring of the marine managed areas in the network;
     (f) Strategies to address the projected impacts to marine managed areas from population growth, existing and proposed upland and aquatic lands development, and storm water discharges to Puget Sound;
     (g) Strategies to prepare for and manage the impacts of climate change, including impacts due to sea level changes, salinity changes, water temperature, increased acidification, and changes in frequency and intensity of precipitation events affecting storm water discharges to marine waters;
     (h) An adaptive management component in which new information on the progress of implementing management goals for the individual marine managed areas and overall goals for all marine managed areas, including the consideration and integration of the contribution these areas are making toward the goals of recovering the health of Puget Sound by 2020, and climate change impacts; and
     (i) Methodologies for synthesizing monitoring results with programmatic goals to inform decision making on subsequent designation and marine managed areas strategies and any necessary changes in implementation strategies to increase the effectiveness of the marine managed areas program in achieving the goal of recovering the Puget Sound's health by 2020.
     (3) The plan required by this section must also include comprehensive objectives for coordinating existing marine managed areas and designating additional areas to achieve a network of marine managed areas contributing to long-term conservation of important biota and marine ecosystems and recovery of Puget Sound by and consider activities and uses within or adjacent to marine managed areas that are allowed under existing leases of state-owned aquatic lands issued under chapter 79.105 RCW.
     (4) The plan required by this section must be completed by July 1, 2010, and submitted to the council for its review and approval. The council shall provide for public review and comment on the plan in a manner comparable to the other provisions of the Puget Sound action agenda. The council may amend the plan from time to time using public review and comment procedures comparable to those that apply when other elements of the Puget Sound action agenda are revised.

NEW SECTION.  Sec. 5   The Puget Sound partnership shall provide the plan required by section 4 of this act to the appropriate committees of the legislature by December 1, 2010, together with its recommendations for further policy legislation and budget recommendations to enhance Puget Sound marine managed areas programs.

NEW SECTION.  Sec. 6   (1) The Puget Sound marine managed areas plan required by section 4 of this act must be developed with the assistance of a work group on marine managed areas. The chair of the Puget Sound partnership leadership council is responsible for convening the work group, inviting participation on the work group, and for directing the process of the work group.
     (2)(a) The work group created in this section must include one or more members of the Puget Sound science panel, one of whom must serve as chair of the work group.
     (b) The chair of the Puget Sound partnership leadership council must also invite the participation of the following:
     (i) State agencies and local governments with regulatory jurisdiction over, or that manage, marine managed areas including, but not limited to, the department of natural resources, the department of fish and wildlife, the parks and recreation commission, and the department of ecology;
     (ii) The state biodiversity council, created by executive order 04-02, or the biodiversity council's successor entity;
     (iii) Representatives of tribal governments, federal agencies, cities, counties, marine resources committees, and nongovernmental organizations that have designated or have significant interests in the management of Puget Sound marine managed areas; and
     (iv) Any other individuals or representatives of entities with expertise, perspective, or knowledge deemed beneficial by the chair of the Puget Sound partnership leadership council in assisting the work group to achieve its goals and responsibilities.
     (c) The chair of the Puget Sound partnership leadership council may also invite representatives from other states, provinces, first nations, and tribal governments with interests in marine managed areas in the Pacific Northwest to participate on the work group as observers.
     (3) In developing the objectives required by section 4(3) of this act, the work group must rely primarily upon existing plans and objectives relating to the conservation of marine life in Puget Sound and the program plans prepared by state agencies and local governments administering marine managed areas programs.
     (4) The marine managed areas work group established under this section shall coordinate with the coastal marine protected areas work group established in section 2 of this act. The two work groups may share resources and expertise when appropriate.

Sec. 7   RCW 79.105.210 and 2005 c 155 s 143 are each amended to read as follows:
     (1) The management of state-owned aquatic lands shall preserve and enhance water-dependent uses. Water-dependent uses shall be favored over other uses in state-owned aquatic land planning and in resolving conflicts between competing lease applications. In cases of conflict between water-dependent uses, priority shall be given to uses which enhance renewable resources, water-borne commerce, and the navigational and biological capacity of the waters, and to statewide interests as distinguished from local interests.
     (2) Nonwater-dependent use of state-owned aquatic lands is a low-priority use providing minimal public benefits and shall not be permitted to expand or be established in new areas except in exceptional circumstances where it is compatible with water-dependent uses occurring in or planned for the area.
     (3)(a) The department shall consider the natural values of state-owned aquatic lands as wildlife habitat, natural area preserve, representative ecosystem, or spawning area prior to issuing any initial lease or authorizing any change in use.
     (b) The department may withhold from leasing lands which it finds to have significant natural values, or may provide within any lease for the protection of such values. When withdrawing lands from leasing for the purposes of managing an aquatic reserve, the department shall be guided by the procedures and criteria of sections 8 through 14 of this act.
     (4) The power to lease state-owned aquatic lands is vested in the department, which has the authority to make leases upon terms, conditions, and length of time in conformance with the state Constitution and chapters 79.105 through 79.140 RCW.
     (5) State-owned aquatic lands shall not be leased to persons or organizations which discriminate on the basis of race, color, creed, religion, sex, age, or physical or mental handicap.

NEW SECTION.  Sec. 8   A new section is added to chapter 79.105 RCW under a new subchapter heading of "aquatic reserve system" to read as follows:
     The aquatic reserve system is established for the purpose of aiding Washington with its goals of supporting and coordinating marine protected areas. The aquatic reserve system is comprised of those areas of state-owned aquatic lands designated by the department prior to the effective date of this section and any areas added to the system under this chapter by order of the commissioner after the effective date of this section.

NEW SECTION.  Sec. 9   A new section is added to chapter 79.105 RCW under a new subchapter heading of "aquatic reserve system" to read as follows:
     State-owned aquatic lands that have one or more of the following characteristics may be included by order of the commissioner as an aquatic reserve:
     (1) The lands have been identified as having high priority for conservation, natural systems, wildlife, or low-impact public use values;
     (2) The lands have flora, fauna, geological, recreational, archaeological, cultural, scenic, or similar features of critical importance and have retained to some degree or reestablished its natural character;
     (3) The lands provide significant examples of native ecological communities;
     (4) The lands have significant sites or features threatened with conversion to incompatible uses; and
     (5) The lands have been identified by the Puget Sound science panel created in RCW 90.71.270 as critical to achieving recovery of Puget Sound by 2020.

NEW SECTION.  Sec. 10   A new section is added to chapter 79.105 RCW under a new subchapter heading of "aquatic reserve system" to read as follows:
     (1) The commissioner shall adopt procedures for submission of aquatic reserve nominations and for public participation in the review of proposed aquatic reserves.
     (2) If, consistent with the best available scientific information, an aquatic reserve no longer meets the goals and objectives for which it was designated, and adaptive management has not been successful to meet the goals and objectives, the commissioner may by order modify the aquatic reserve boundaries or remove the area from aquatic reserve status.
     (3) The commissioner shall provide public participation procedures for proposals relating to the nomination, designation, and removal of aquatic reserve status.

NEW SECTION.  Sec. 11   A new section is added to chapter 79.105 RCW under a new subchapter heading of "aquatic reserve system" to read as follows:
     In the designation and management of aquatic reserves within Puget Sound, as geographically defined in RCW 90.71.010, the commissioner shall be guided by the marine managed areas plan adopted under section 4 of this act. The commissioner shall accord substantial weight to any recommendations provided by the Puget Sound partnership regarding the designation and management of aquatic reserves within Puget Sound.

NEW SECTION.  Sec. 12   A new section is added to chapter 79.105 RCW under a new subchapter heading of "aquatic reserve system" to read as follows:
     Where the commissioner determines that management of the taking of fish, shellfish, or wildlife within or adjacent to an aquatic reserve would enhance the objectives for which the aquatic reserve has been created, the commissioner shall request that the fish and wildlife commission act pursuant to section 16 of this act to adopt supporting rules.

NEW SECTION.  Sec. 13   A new section is added to chapter 79.105 RCW under a new subchapter heading of "aquatic reserve system" to read as follows:
     The aquatic reserve system must be coordinated with other marine managed areas, federally recognized marine protected areas, and related regulatory programs. To further this goal, the department shall:
     (1) Cooperate with other state agencies and local governments to manage state-owned aquatic lands consistently with the management of uses and activities in the same geographic areas by the state parks and recreation commission, the department of fish and wildlife, the department of ecology, and other appropriate state agencies; and
     (2) Provide recommendations to local governments in updating their shoreline master programs under chapter 90.58 RCW and in sponsoring local marine park reserves or voluntary stewardship areas to seek consistent planning and management activities in areas adjacent to designated reserves.

NEW SECTION.  Sec. 14   A new section is added to chapter 79.105 RCW under a new subchapter heading of "aquatic reserve system" to read as follows:
     (1) State agencies with authority over construction activities or water discharges in state waters or that otherwise implement programs that affect a designated aquatic reserve shall give special consideration to increasing protection and reducing and preventing pollution of these areas, consistent with the management objectives of the aquatic reserve.
     (2) The department should participate in any public processes regarding water discharge or construction permitting affecting aquatic reserves to aid other agencies in their understanding of the provisions of this subsection.

NEW SECTION.  Sec. 15   Within twenty-four months of the adoption of the marine managed areas plan under section 4 of this act, the department of natural resources shall complete a review of existing management plans and pending aquatic reserve nominations for consistency with the guidelines and recommendations in the marine managed areas plan.

NEW SECTION.  Sec. 16   A new section is added to chapter 77.12 RCW to read as follows:
     (1) The commission may adopt rules governing the taking of fish, shellfish, or wildlife within or adjacent to an aquatic reserve designated by the department of natural resources under section 12 of this act, or other marine managed areas, as that term is defined in RCW 90.71.010. The commission shall give consideration within sixty days to any rule changes requested by the commissioner of public lands to support the purposes of an aquatic reserve.
     (2) This section is in addition to and does not limit the commission's authority to establish rules governing the taking of fish, shellfish, or wildlife under any other authority.

Sec. 17   RCW 90.71.300 and 2007 c 341 s 12 are each amended to read as follows:
     (1) The action agenda shall consist of the goals and objectives in this section, implementation strategies to meet measurable outcomes, benchmarks, ((and)) identification of responsible entities, and the marine managed areas plan adopted under section 4 of this act. By 2020, the action agenda shall strive to achieve the following goals:
     (a) A healthy human population supported by a healthy Puget Sound that is not threatened by changes in the ecosystem;
     (b) A quality of human life that is sustained by a functioning Puget Sound ecosystem;
     (c) Healthy and sustaining populations of native species in Puget Sound, including a robust food web;
     (d) A healthy Puget Sound where freshwater, estuary, nearshore, marine, and upland habitats are protected, restored, and sustained;
     (e) An ecosystem that is supported by ground water levels as well as river and stream flow levels sufficient to sustain people, fish, and wildlife, and the natural functions of the environment;
     (f) Fresh and marine waters and sediments of a sufficient quality so that the waters in the region are safe for drinking, swimming, shellfish harvest and consumption, and other human uses and enjoyment, and are not harmful to the native marine mammals, fish, birds, and shellfish of the region.
     (2) The action agenda shall be developed and implemented to achieve the following objectives:
     (a) Protect existing habitat and prevent further losses;
     (b) Restore habitat functions and values;
     (c) Significantly reduce toxics entering Puget Sound fresh and marine waters;
     (d) Significantly reduce nutrients and pathogens entering Puget Sound fresh and marine waters;
     (e) Improve water quality and habitat by managing storm water runoff;
     (f) Provide water for people, fish and wildlife, and the environment;
     (g) Protect ecosystem biodiversity and recover imperiled species; and
     (h) Build and sustain the capacity for action.

Sec. 18   RCW 90.71.310 and 2007 c 341 s 13 are each amended to read as follows:
     (1) The council shall develop a science-based action agenda that leads to the recovery of Puget Sound by 2020 and achievement of the goals and objectives established in RCW 90.71.300. The action agenda shall:
     (a) Address all geographic areas of Puget Sound including upland areas and tributary rivers and streams that affect Puget Sound;
     (b) Describe the problems affecting Puget Sound's health using supporting scientific data, and provide a summary of the historical environmental health conditions of Puget Sound so as to determine past levels of pollution and restorative actions that have established the current health conditions of Puget Sound;
     (c) Meet the goals and objectives described in RCW 90.71.300, including measurable outcomes for each goal and objective specifically describing what will be achieved, how it will be quantified, and how progress towards outcomes will be measured. The action agenda shall include near-term and long-term benchmarks designed to ensure continuous progress needed to reach the goals, objectives, and designated outcomes by 2020. The council shall consult with the panel in developing these elements of the plan;
     (d) Identify and prioritize the strategies and actions necessary to restore and protect Puget Sound and to achieve the goals and objectives described in RCW 90.71.300;
     (e) Identify the agency, entity, or person responsible for completing the necessary strategies and actions, and potential sources of funding;      
     (f) Include prioritized actions identified through the assembled proposals from each of the seven action areas and the identification and assessment of ecosystem scale programs as provided in RCW 90.71.260;
     (g) Include specific actions to address aquatic rehabilitation zone one, as defined in RCW 90.88.010;
     (h) Incorporate any additional goals adopted by the council; and
     (i) Incorporate appropriate actions to carry out the biennial science work plan created in RCW 90.71.290.
     (2) In developing the action agenda and any subsequent revisions, the council shall, when appropriate, incorporate the following:
     (a) Water quality, water quantity, sediment quality, watershed, marine resource, and habitat restoration plans created by governmental agencies, watershed groups, and marine and shoreline groups. The council shall consult with the board in incorporating these plans;
     (b) Recovery plans for salmon, orca, and other species in Puget Sound listed under the federal endangered species act;
     (c) Existing plans and agreements signed by the governor, the commissioner of public lands, other state officials, or by federal agencies;
     (d) Appropriate portions of the Puget Sound water quality management plan existing on July 1, 2007.
     (3) Until the action agenda is adopted, the existing Puget Sound management plan and the 2007-09 Puget Sound biennial plan shall remain in effect. The existing Puget Sound management plan shall also continue to serve as the comprehensive conservation and management plan for the purposes of the national estuary program described in section 320 of the federal clean water act, until replaced by the action agenda and approved by the United States environmental protection agency as the new comprehensive conservation and management plan.
     (4) The council shall adopt the action agenda by ((September)) December 1, 2008. The council shall revise the action agenda as needed, and revise the implementation strategies every two years using an adaptive management process informed by tracking actions and monitoring results in Puget Sound. In revising the action agenda and the implementation strategies, the council shall consult the panel and the board and provide opportunity for public review and comment. Biennial updates shall:
     (a) Contain a detailed description of prioritized actions necessary in the biennium to achieve the goals, objectives, outcomes, and benchmarks of progress identified in the action agenda;
     (b) Identify the agency, entity, or person responsible for completing the necessary action; and
     (c) Establish biennial benchmarks for near-term actions.
     (5) The action agenda shall be organized and maintained in a single document to facilitate public accessibility to the plan.

Sec. 19   RCW 90.71.370 and 2007 c 341 s 19 are each amended to read as follows:
     (1) By ((September 1st)) December 1, 2008, and by the first weekday in September of each even-numbered year beginning in ((2008)) 2010, the council shall provide to the governor and the appropriate fiscal committees of the ((senate and house of representatives)) legislature its recommendations for the funding necessary to implement the action agenda in the succeeding biennium. The recommendations shall:
     (a) Identify the funding needed by action agenda element;
     (b) Address funding responsibilities among local, state, and federal governments, as well as nongovernmental funding; and
     (c) Address funding needed to support the work of the partnership, the panel, the ecosystem work group, and entities assisting in coordinating local efforts to implement the plan.
     (2) In the 2008 report required under subsection (1) of this section, the council shall include recommendations for projected funding needed through 2020 to implement the action agenda; funding needs for science panel staff; identify methods to secure stable and sufficient funding to meet these needs; and include proposals for new sources of funding to be dedicated to Puget Sound protection and recovery. In preparing the science panel staffing proposal, the council shall consult with the panel.
     (3) By the first weekday in November ((1st)) of each odd-numbered year beginning in 2009, the council shall produce a state of the Sound report that includes, at a minimum:
     (a) An assessment of progress by state and nonstate entities in implementing the action agenda, including accomplishments in the use of state funds for action agenda implementation;
     (b) A description of actions by implementing entities that are inconsistent with the action agenda and steps taken to remedy the inconsistency;
     (c) The comments by the panel on progress in implementing the plan, as well as findings arising from the assessment and monitoring program;
     (d) A review of citizen concerns provided to the partnership and the disposition of those concerns;
     (e) A review of the expenditures of funds to state agencies for the implementation of programs affecting the protection and recovery of Puget Sound, and an assessment of whether the use of the funds is consistent with the action agenda; and
     (f) An identification of all funds provided to the partnership, and recommendations as to how future state expenditures for all entities, including the partnership, could better match the priorities of the action agenda.
     (4)(a) The council shall review state programs that fund facilities and activities that may contribute to action agenda implementation. By November 1, 2009, the council shall provide initial recommendations regarding program changes to the governor and appropriate fiscal and policy committees of the ((senate and house of representatives)) legislature. By November 1, 2010, the council shall provide final recommendations regarding program changes, including proposed legislation to implement the recommendation, to the governor and appropriate fiscal and policy committees of the ((senate and house of representatives)) legislature.
     (b) The review in this subsection shall be conducted with the active assistance and collaboration of the agencies administering these programs, and in consultation with local governments and other entities receiving funding from these programs:
     (i) The water quality account, chapter 70.146 RCW;
     (ii) The water pollution control revolving fund, chapter 90.50A RCW;
     (iii) The public works assistance account, chapter 43.155 RCW;
     (iv) The aquatic lands enhancement account, RCW 79.105.150;
     (v) The state toxics control account and local toxics control account and clean-up program, chapter 70.105D RCW;
     (vi) The acquisition of habitat conservation and outdoor recreation land, chapter 79A.15 RCW;
     (vii) The salmon recovery funding board, RCW 77.85.110 through 77.85.150;
     (viii) The community economic revitalization board, chapter 43.160 RCW;
     (ix) Other state financial assistance to water quality-related projects and activities; and
     (x) Water quality financial assistance from federal programs administered through state programs or provided directly to local governments in the Puget Sound basin.
     (c) The council's review shall include but not be limited to:
     (i) Determining the level of funding and types of projects and activities funded through the programs that contribute to implementation of the action agenda;
     (ii) Evaluating the procedures and criteria in each program for determining which projects and activities to fund, and their relationship to the goals and priorities of the action agenda;
     (iii) Assessing methods for ensuring that the goals and priorities of the action agenda are given priority when program funding decisions are made regarding water quality-related projects and activities in the Puget Sound basin and habitat-related projects and activities in the Puget Sound basin;
     (iv) Modifying funding criteria so that projects, programs, and activities that are inconsistent with the action agenda are ineligible for funding;
     (v) Assessing ways to incorporate a strategic funding approach for the action agenda within the outcome-focused performance measures required by RCW 43.41.270 in administering natural resource-related and environmentally based grant and loan programs.

Sec. 20   RCW 36.125.030 and 2007 c 344 s 4 are each amended to read as follows:
     (1) The Puget Sound ((action team, or its successor organization,)) partnership shall serve as the regional coordinating entity for marine resources committees created in the southern Puget Sound and the department of fish and wildlife shall serve as the regional coordinating entity for marine resources committees created for the outer coast.
     (2) The regional coordinating entity shall serve as a resource to, at a minimum:
     (a) Coordinate and pool grant applications and other funding requests for marine resources committees;
     (b) Coordinate communications and information among marine resources committees;
     (c) Assist marine resources committees to measure themselves against regional performance benchmarks;
     (d) Assist marine resources committees with coordinating local projects to complement regional priorities;
     (e) Assist marine resources committees to interact with and complement other marine resources committees, and other similar groups, constituted under a different authority; and
     (f) Coordinate with the Northwest Straits commission on issues common to marine resources committees statewide.

Sec. 21   RCW 36.125.020 and 2007 c 344 s 3 are each amended to read as follows:
     (1) A marine resources committee, as described in RCW 36.125.010, may be created by the legislative authority of any county bordering the marine waters of the outer coast or Puget Sound, in cooperation with all appropriate cities and special districts within their boundaries. Adjacent county legislative authorities shall coordinate their efforts whenever there is a mutual interest in creating a marine resources committee.
     (2) A county may delegate the management and oversight of a marine resources committee created by the county under RCW 36.125.010 to a city, or cities, within its jurisdiction, if the city or cities are located on the marine waters of the outer coast or southern Puget Sound and are willing to accept the delegation.
     (3)(a) Participating county legislative authorities must select members of the marine resources committee, ensuring balanced representation from: Local government; local residents; scientific experts; affected economic interests; affected recreational interests; and environmental and conservation interests. Additionally, participating county legislative authorities must invite tribal representatives to participate in the marine resources committee.
     (b) In lieu of creating a new entity, participating county legislative authorities may designate a lead entity created under RCW 77.85.050 to also serve as a marine resources committee. County legislative authorities may only make this designation where the lead entity consents in writing to also serve as a marine resources committee.
     (c) An initiating county may delegate its appointment authority to a city or cities that have received from the county the delegated responsibilities of managing and overseeing the marine resources committee.
     (4) County residents may petition the county legislative authority to create a marine resources committee. Upon receipt of a petition, the county legislative authority must respond in writing within sixty days as to whether they will authorize the creation of a marine resources committee as well as the reasons for their decision.

NEW SECTION.  Sec. 22   A new section is added to chapter 36.125 RCW to read as follows:
     (1) The outer coast marine resources committee program is created to provide support for the development, administration, and coordination of outer coast marine resources committees and their projects, including projects relating to marine protected areas.
     (2) The director of the department of fish and wildlife, pursuant to section 23 of this act, shall serve as the administrator of the outer coast marine resources committee program. As the administrator of the program, the director of the department of fish and wildlife shall:
     (a) Provide each outer coast marine resources committee with a coordinator to support the administration and work of the committee; and
     (b) Distribute grants to outer coast marine resources committees for projects that benefit Washington's coastal marine resources. The director of the department of fish and wildlife shall develop procedures and criteria for allocating funds for projects, which may include annual allocation of funding to each committee.
     (3) Each outer coast marine resources committee shall prepare and deliver an annual report to the director of the department of fish and wildlife by October 31st of each year. The report must include, but is not limited to, a summary of actions taken that year and prioritized recommendations for future action. The director of the department of fish and wildlife shall compile the individual outer coast marine resources committee reports into a consolidated biennial report, and provide the consolidated report to the governor and appropriate committees of the legislature by December 31st of every other year.

NEW SECTION.  Sec. 23   A new section is added to chapter 77.12 RCW to read as follows:
     To support the goals of outer coast marine protected areas, the department shall serve as the administrator of the outer coast marine resources committee program established in section 22 of this act.

NEW SECTION.  Sec. 24   (1) Sections 2, 5, and 6 of this act expire July 1, 2011.
     (2) Section 15 of this act expires July 1, 2013.

NEW SECTION.  Sec. 25   If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2008, in the omnibus appropriations act, this act is null and void."