BILL REQ. #: H-1791.6
| State of Washington | 60th Legislature | 2007 Regular Session |
READ FIRST TIME 02/20/07.
AN ACT Relating to the Puget Sound partnership; amending RCW 90.71.005, 90.71.010, 90.71.100, 43.17.010, 43.17.020, 42.17.2401, 77.85.090, 70.220.040, 43.155.070, 70.146.070, 90.88.005, 90.88.020, 90.88.030, 90.88.901, 90.88.902, 90.48.260, 79A.60.520, 79A.60.510, 79.105.500, 77.60.130, 70.146.070, 70.118.090, 43.21J.030, 43.21J.040, and 28B.30.632; adding new sections to chapter 90.71 RCW; adding a new section to chapter 41.06 RCW; adding a new section to chapter 43.155 RCW; adding a new section to chapter 70.146 RCW; adding a new section to chapter 70.118 RCW; recodifying RCW 90.71.100; decodifying RCW 90.71.902 and 90.71.903; repealing RCW 90.71.015, 90.71.020, 90.71.030, 90.71.040, 90.71.050, 90.71.070, 90.71.080, 90.71.900, and 90.71.901; providing an effective date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 90.71.005 and 1998 c 246 s 13 are each amended to read
as follows:
(1) The legislature finds that((:)) Puget Sound and related inland marine waterways ((
(a)of
Washington state)), such as Hood Canal and the lakes, rivers, and
streams that flow to them, represent a unique and unparalleled
resource((.)) to the state of Washington with a rich and varied range
of freshwater and 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))
these 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,
water for domestic, agricultural, and industrial uses, and other
activities, all of which ((to some degree)) depend upon ((a)) clean and
healthy marine and freshwater resources((;)).
(b) The Puget Sound water quality authority 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) The large number of governmental entities that now have
regulatory programs affecting the water quality of Puget Sound have
diverse interests and limited jurisdictions that cannot adequately
address the cumulative, wide-ranging impacts that contribute to the
degradation of Puget Sound; and
(d) Coordination of the regulatory programs, at the state and local
level, is best accomplished through the development of interagency
mechanisms that allow these entities to transcend their diverse
interests and limited jurisdictions.
(2) It is therefore the policy of the state of Washington to
coordinate the activities of state and local agencies by establishing
a biennial work plan that clearly delineates state and local actions
necessary to protect and restore the biological health and diversity of
Puget Sound. It is further the policy of the state to implement the
Puget Sound water quality management plan to the maximum extent
possible. To further the policy of the state, a recovery plan
developed under the federal endangered species act for a portion or all
of the Puget Sound shall be considered for inclusion into the Puget
Sound water quality management plan
(2) The legislature finds that Puget Sound is in serious decline,
and the Hood Canal is in a serious crisis. Symptoms in the Puget Sound
and the Hood Canal also include the decline of some of our most revered
species, such as salmon and orcas; and the conversion of forest lands
to city-scapes, which has negatively impacted many birds and mammals,
along with altering the flow of rivers and streams. These flow changes
begin from land and run to sea, carrying polluted run-off from human
development. Closures of beaches to shellfish harvest due to the risk
of disease have become more frequent and widespread. In places such as
Hood Canal, the circulatory system is failing, and its inability to
maintain sufficient oxygen levels has led to devastating fish kills and
the death of other marine life. If left unchecked, these conditions
will increase in frequency and will spread to other areas such as the
Puget Sound.
(3) The legislature finds that the current system of governance for
protection and restoration of Puget Sound is highly fragmented. Twelve
counties, more than one hundred cities, seventeen tribes, numerous
state and federal agencies, as well as hundreds of special purpose
governmental units are responsible for managing land use and other
actions that benefit or diminish the quality of the environment.
Private organizations, businesses, and citizens are also taking actions
that both benefit and harm the rich natural resources of the region.
The legislature recognizes that all levels of government need to work
together in partnership with the public, tribes, nongovernmental
organizations, and the private sector to ensure that the Puget Sound
will be a thriving natural system, with clean marine and freshwaters;
healthy and abundant native species; natural shorelines and places for
public enjoyment; and a vibrant economy that prospers in productive
harmony with a healthy Puget Sound.
(4) The legislature intends for the Puget Sound partnership to
define a strategic, basin-wide plan that prioritizes necessary actions,
and create an approach that addresses all of the complex connections
among the land, water, web of species, and human needs.
(5) The legislature finds that immediate and concerted action is
needed to save these national treasures, and that we must fundamentally
change our approach toward restoring the health of the Puget Sound and
Hood Canal. To this end, the Puget Sound partnership is tasked with
using, supporting, building upon, and unifying existing efforts from
organizations and from all levels of government.
(6) The legislature finds that leadership, accountability,
government transparency, thoughtful and responsible spending of public
funds, and public involvement are integral to success. To achieve this
success, the legislature intends to task the Puget Sound partnership
with coordinating and leading the Puget Sound restoration effort,
determining accountability for performance, overseeing the efficiency
and effectiveness of money spent, educating and engaging the public,
and tracking and reporting results to the legislature, the governor,
and the public.
(7) The legislature intends to provide the Puget Sound partnership
with nonregulatory authority, and recognizes that adequate funding is
necessary to ensure Puget Sound restoration and protection. The Puget
Sound partnership is tasked with supporting local governments and
organizations by aiding, funding, and improving upon their existing
efforts, by respecting local governments' authorities, and by
identifying, funding, and closing the gaps in the collective efforts.
(8) The legislature intends the Puget Sound partnership to create
an action agenda based on science that includes clear, measurable goals
for the recovery of Puget Sound by 2020. The action agenda will
prioritize necessary actions, both across the Sound and within specific
geographical areas, such as Hood Canal.
(9) In making appointments to the leadership council, the governor
should give preference to persons who are publicly respected and
influential, and who have a significant history of success on major
public policy and management issues, as well as interest in the
environmental and economic prosperity of Puget Sound.
Sec. 2 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.)) "Action agenda" means the Puget Sound management plan as
it exists on the effective date of this section and as it is modified
in the future.
(2) "Chair" means the chair of the action team.
(3) "Council" means the Puget Sound council created in RCW
90.71.030.
(4) "Puget Sound management plan" means the 1994 Puget Sound water
quality management plan as it exists June 30, 1996, and as subsequently
amended by the action team.
(5) "Support staff" means the staff to the action team.
(6) "Work plan" means the work plan and budget developed by the
action team.
(2) "Action agenda goals" means those goals in section 12 of this
act.
(3) "Benchmarks" means scientific standards that can be measured.
(4) "Board" means the coordination board.
(5) "Committee" means the Puget Sound science advisory committee.
(6) "Council" means the leadership council.
(7) "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.
(8) "Food web" means a succession of organisms in an ecological
community that constitutes a continuation of food energy from one
organism to another as each organism consumes a lower member and, in
turn, is preyed upon by a higher member.
(9) "Partnership" means the Puget Sound partnership.
(10) "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, 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 the effective date of this section.
(11) "Puget Sound partner" means a city, county, special district,
or other local government identified as a Puget Sound partner under
section 18 of this act.
(12) "Salmon recovery areas" means the fourteen salmon recovery
areas defined in the Puget Sound salmon recovery plan, drafted by
shared strategy for Puget Sound and adopted by the national oceanic and
atmospheric administration national marine fisheries service January
19, 2007.
(13) "Watershed group" means:
(a) Salmon recovery planning groups;
(b) Water resource inventory area groups;
(c) Marine resources committees;
(d) Regional fisheries enhancement groups; and
(e) Other governmental or quasi-governmental entities that address
physical, chemical, biological, ecological, or other environmentally
related activities in a hydrologically defined area.
NEW SECTION. Sec. 3
(2) A person may hold only one partnership position, whether it is
as a councilmember, a board member, a committee member, or as executive
director, unless otherwise stated in this chapter.
NEW SECTION. Sec. 4
(1) The council shall consist of seven members appointed by the
governor with the advice and consent of the senate.
(2)(a) The governor shall designate one of the seven members to
serve as chair.
(b) A vice-chair shall be selected by the membership of the
council.
(3) The initial members shall be appointed as follows:
(a) Three of the initial members shall be appointed for a term of
two years;
(b) Two of the initial members shall be appointed for a term of
three years;
(c) Two of the initial members shall be appointed for a term of
four years;
(d) The initial chair may be appointed for a two-year, three-year,
or four-year term; and
(e) The initial vice-chair may be appointed for a two-year, three-year, or four-year term.
(4) The initial members' successors shall be appointed for terms of
four years each, except that any person chosen to fill a vacancy shall
be appointed only for the unexpired term of the member whom he or she
succeeds.
(5) Members are eligible for reappointment.
(6) Any member of the council may be removed by the governor for
cause.
(7) Members whose terms expire shall continue to serve until
reappointed or replaced by a new member.
(8) A majority of the council constitutes a quorum for the
transaction of business.
(9) Council decisions and actions require majority vote approval of
all council members.
(10) The council shall have two nonvoting ex officio members:
(a) The commissioner of public lands; and
(b) The chair of the committee.
NEW SECTION. Sec. 5
(a) Provide overall leadership and have overall responsibility for
the functions of the partnership, including setting strategic
priorities and interim benchmarks and making final decisions for the
partnership;
(b) Develop, approve, revise, and oversee implementation and
adaptive management of the action agenda;
(c) Allocate all funds appropriated to the partnership;
(d) Determine compliance with the action agenda;
(e) Adopt procedural rules, in accordance with chapter 34.05 RCW,
necessary to carry out the purposes of this chapter;
(f) Apply accountability measures consistent with the assessment in
RCW 43.17.390;
(g) Provide annual progress reports to the governor and the
legislature, as provided in section 17 of this act;
(h) Appoint members of the board, as provided in section 7 of this
act;
(i) Appoint members of the committee, as provided in section 9 of
this act;
(j) Create subcommittees, advisory committees, and nonprofit
corporations, as appropriate to assist the council;
(k) Enter into, amend, and terminate contracts with individuals,
corporations, or research institutions to effectuate the purposes of
this chapter;
(l) Make grants to governmental and nongovernmental entities to
effectuate the purposes of this chapter;
(m) Receive such gifts, grants, and endowments, in trust or
otherwise, for the use and benefit of the partnership to effectuate the
purposes of this chapter. The partnership may expend the same or any
income therefrom according to the terms of the gifts, grants, and
endowments;
(n) Promote extensive public awareness, education, and
participation in Puget Sound protection and recovery;
(o) Receive and expend funding from other public agencies;
(p) Facilitate accountability and reporting obligations;
(q) Develop and implement a process to review and address citizen
concerns regarding action agenda development, and accountability for
funding and results under the action agenda;
(r) Participate actively in a nongovernmental private-public
partnership focused on public education, awareness, and promoting
fund-raising opportunities, to effectuate the goals in this chapter;
(s) Maintain complete and consolidated financial information to
ensure all funds received and expended to implement the action agenda
are accounted for;
(t) Serve as the regional recovery organization for purposes of
chapter 77.85 RCW for Puget Sound salmon recovery; and
(v) Conduct periodic reviews of its governmental and organizational
effectiveness, identification of barriers to implementation, and
recommend changes in authorizing statutes to the governor and the
legislature to improve its effectiveness in carrying out the duties and
responsibilities of this chapter. The first such review shall be
completed and sent to the governor and the appropriate committees of
the legislature by November 15, 2008.
(2) The council may delegate functions to the chair and to the
executive director, however the council may not delegate its decisional
authority regarding:
(a) Developing or amending the action agenda; and
(b) Issuing annual progress reports required under this section.
(3) The council shall work closely with existing organizations and
all levels of government to ensure that the action agenda and its
implementation are scientifically sound, efficient, and achieve
necessary results to accomplish recovery of Puget Sound to health by
2020.
(4) The council shall support, engage, and foster watershed groups
to enable them to address local concerns.
(5) When working with federally recognized Indian tribes to develop
and implement the action agenda, the council shall conform to the
procedures and standards required in a government-to-governmental
relationship with tribes under the 1989 Centennial Accord between the
state of Washington and the sovereign tribal governments in the state
of Washington.
(6) The council shall consult with the committee to determine
environmental indicators, benchmarks, the action agenda work plan, and
action agenda implementation.
(7) The council may, on advice of the committee or by its own
decision, consult the Washington academy of sciences created in chapter
70.220 RCW to secure independent scientific review of significant
technical and scientific issues related to its work.
NEW SECTION. Sec. 6
(2) The executive director shall be appointed by and serve at the
pleasure of the governor, in consultation with the council. The
governor shall consider the recommendations of the council when
appointing the executive director. The salary of the executive
director shall be set by the governor.
(3) The executive director has the following powers and duties:
(a) To supervise the administrative operations of the Puget Sound
partnership and its staff;
(b) To administer the partnership programs and budget;
(c) To prepare and update the action agenda in accordance with the
goals and guidelines established by the council and in consultation
with the board and with the committee;
(d) To develop, produce, and distribute a Puget Sound science
update as provided in section 25 of this act, and in consultation with
the committee;
(e) To represent and promote the interests of the state on Puget
Sound recovery issues and further the mission of the partnership;
(f) To enter into contracts and agreements, upon approval of the
council, with private nonprofit corporations to further state goals of
preserving, conserving, and enhancing the health of Puget Sound for its
ecological value and public benefit and use;
(g) To appoint such technical and other committees as may be
necessary to carry out the purposes of this chapter;
(h) To create and maintain a repository for data, studies,
research, and other information relating to Puget Sound health in the
state, and to encourage the interchange of such information; and
(i) To encourage and provide opportunities for interagency and
regional coordination and cooperative efforts between public agencies
and between public and private entities involved in the recovery and
preservation of Puget Sound.
(4) The executive director shall employ a staff, who shall be state
employees under Title 41 RCW. The executive director shall prescribe
the duties of the staff as may be necessary to implement the purposes
of this chapter.
NEW SECTION. Sec. 7
(2) The board shall be appointed by October 1, 2007.
(3) The board shall consist of the following:
(a) One representative from the geographic area of each of the
fourteen salmon recovery areas;
(b) One representative from a statewide association representing
general business interests;
(c) One representative from an organization representing the
interests of the environmental community; and
(d) Two at-large representatives.
(4) In addition, the governor shall invite full participation on
the board by three representatives of tribal governments located in the
Puget Sound basin.
(5)(a) Representatives designated in subsection (3)(a) of this
section:
(i) Shall be appointed by the council. The council shall solicit
nominations from, at a minimum, counties, cities, and watershed groups;
and
(ii) May only be removed by the council.
(b) At least six of the representatives designated in subsection
(3)(a) of this section shall be locally elected public officials.
(6) The representatives appointed in subsection (3)(b) and (c) of
this section:
(a) Must be appointed by the council;
(b) May only be removed by the council; and
(c) May only be replaced by the council.
(7) The at-large representatives:
(a) Must be appointed by the governor;
(b) May only be removed by the governor; and
(c) May only be replaced by the governor.
(8) The board shall elect one of its members as chair, and one of
its members as vice-chair.
(9) A majority of the board constitutes a quorum for the
transaction of business, with the following condition: At least one of
the quorum members must be the chair or the vice-chair.
(10) Board decisions and actions require majority vote of all
voting board members, except for nominations of the committee, which
require approval of fourteen board members.
(11)(a) The board shall have one nonvoting ex officio member from
each of the following:
(i) The department of ecology;
(ii) The department of fish and wildlife;
(iii) The department of health;
(iv) The department of community, trade, and economic development;
and
(v) Each of the two major caucuses of the house of representatives
and each of the two major caucuses of the senate, appointed
respectively by the speaker of the house of representatives and the
president of the senate.
(b) In addition to ex officio members representing the state, the
council shall also invite the participation of one representative of
the federal government as a nonvoting ex officio member.
(c) The commissioner of public lands shall designate one person
from the commissioner's agency, other than the commissioner, to be a
nonvoting ex officio member.
(d) Except for legislative members, nonvoting ex officio members in
(a) of this subsection shall be nominated by their respective
organizations.
(e) Except for legislative members and the designee of the
commissioner of public lands, nonvoting ex officio members:
(i) Shall be appointed by the council; and
(ii) May be removed by the council.
NEW SECTION. Sec. 8
(a) Incorporate local plans into the action agenda;
(b) Provide feedback from local entities to the council;
(c) Educate the public about the threats to Puget Sound and about
local implementation strategies to support the Puget Sound action
agenda; and
(d) Ensure that scientific and technical expertise is available to
local action agenda implementors.
(2) The board shall identify the cities', counties', ports',
tribes', watershed groups', and other governmental and private
organizations' capabilities and financial constraints, and communicate
those determinations to the council and to the executive director.
(3) The board shall disseminate regional and basin-wide plans
devised by or approved by the partnership, in accordance with the
agenda, to cities, counties, ports, tribes, watershed groups, and other
governmental and private organizations, and may assist these entities
in implementing the plans.
(4) The board shall seek the active involvement of local
governments, organizations, businesses, and residents within the Puget
Sound region.
(5) By September 2008, the board shall advise the council and the
executive director on how to incorporate local plans and projects into
a Sound-wide set of activities that can be incorporated into the action
agenda. The board shall also recommend priorities for local activities
based on their contribution to Puget Sound health. During the
development of the priorities, the board shall hold public meetings in
various parts of the Puget Sound to solicit public comments.
(6) The board may work with local entities to integrate local plans
into regional-scale plans.
(7) Representatives from each of the fourteen geographic salmon
recovery areas shall solicit input from cities, counties, tribes, and
existing watershed groups in their respective salmon recovery areas to
identify existing plans within the region that address or affect the
health of Puget Sound, including listed species recovery plans,
watershed-based resource plans, local government land use plans, and
marine resource committee plans.
(8) In developing and implementing the action agenda, the council
and the executive director must confer with and solicit input from the
board and, to the maximum extent possible, shall incorporate the
recommendations of the board.
NEW SECTION. Sec. 9
(2) At a minimum, the council shall solicit nominations from:
(a) Federal and state agencies;
(b) The business community;
(c) The environmental community;
(d) The board; and
(e) Members of the K-12, college, and university science
communities.
(3) The council shall submit some or all of the nominations to the
Washington academy of sciences for screening.
(4) The Washington academy of sciences shall:
(a) Screen candidates to serve as members on the committee; and
(b) Report its findings to the council.
(5) The candidates shall reflect expertise in the technical
experience and scientific disciplines needed to protect and recover the
Puget Sound ecosystem. Disciplines include, but are not limited to:
(a) Ecology;
(b) Biology;
(c) Limnology;
(d) Wildlife;
(e) Environmental engineering;
(f) Hydrology;
(g) Oceanography;
(h) Environmental economics; and
(i) Social environmental science.
(6) The council shall review the screenings from the Washington
academy of sciences and consult with tribal representatives.
(7) The council shall appoint nine scientists from the names of
those screened.
(8) All members of the committee must fully disclose all existing
conflicts of interest, and all anticipated future conflicts of
interest, before appointment. Conflicts of interest include, but are
not limited to, financial gains resulting from work performed as
committee members.
(9) The members of the committee shall serve four-year terms, and
may be reappointed. Vacant positions on the committee shall be filled
in the same manner as the original appointments. The committee members
shall elect the committee chair from among themselves every two years.
Based upon the availability of funds and necessity, the council may
contract with members of the committee for compensation for their
services under chapter 39.29 RCW.
NEW SECTION. Sec. 10
(2) The committee should collaborate with other scientific groups
and consult other scientists in conducting its work.
(3) The committee shall assist the council and the executive
director in developing and regularly updating or revising the action
agenda. The committee may also recommend updates to the action agenda
as it deems appropriate based on new scientific information.
(4) The committee shall provide advice, review, and assistance to
the executive director in the development of a strategic science
program, as provided in section 24 of this act.
(5) The committee shall provide advice, review, and assistance to
the executive director in the development of a biennial science work
plan, as provided in section 26 of this act.
(6) The committee shall provide advice, review, and assistance to
the executive director in the development of a Puget Sound science
update, as described in section 25 of this act.
(7) By July 31, 2008, the committee shall identify environmental
indicators of the health of Puget Sound and establish environmental
benchmarks that need to be achieved to meet the goal of a healthy Puget
Sound by 2020.
(8) The committee shall provide advice, review, and assistance to
the executive director in the development of the action agenda, as
described in section 13 of this act.
NEW SECTION. Sec. 11
(1) A healthy human population supported by a healthy Puget Sound
that is not threatened by changes in the ecosystem;
(2) A quality of human life that is sustained by a functioning
Puget Sound ecosystem;
(3) Healthy and sustaining populations of native species in Puget
Sound, including a robust food web;
(4) A healthy Puget Sound where freshwater, estuary, near shore,
marine, and upland habitats are protected, restored, and sustained;
(5) 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;
(6) Fresh and marine waters and sediments of a sufficient quality
so that the waters in the region are safe for drinking, swimming, and
other human uses and enjoyment, and are not harmful to the native
marine mammals, fish, birds, and shellfish of the region.
NEW SECTION. Sec. 12
(2) The action agenda goals shall be reflected in the
implementation of the action agenda.
NEW SECTION. Sec. 13
(2) 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.
(3) The action agenda shall rely on a strong science foundation.
(4) The partnership shall incorporate existing watershed works and
plans created by, but not limited to, local governments, watershed
groups, and marine and shoreline groups. Watershed works and plans
include:
(a) Existing watershed works;
(b) Watershed programs;
(c) Watershed plans; and
(d) Other watershed works and plans related to water quality, water
quantity, or habitat restoration.
(5) The partnership shall incorporate existing plans and agreements
signed by the governor, the commissioner of public lands, other state
officials, or by federal agencies when developing the action agenda.
(6) The action agenda shall:
(a) Describe the problems affecting Puget Sound's health using
supporting scientific data;
(b) Set goals, measurable outcomes specifically describing what
will be achieved, how it will be quantified, how progress towards
outcomes will be measured, and time-bound benchmarks that specify the
targeted steps needed to reach a healthy Puget Sound by 2020,
consistent with the visions, as provided in section 11 of this act;
(c) Identify and prioritize the strategies and actions necessary to
restore and protect the Puget Sound;
(d) Identify the agency, entity, or person responsible for
completing the necessary action; and
(e) Establish deadlines for the completion of the necessary actions
describing where achieving certain goals will require timelines beyond
2020 to achieve.
(7) The action agenda shall also:
(a) Address all geographic areas of Puget Sound, including upland
areas and tributary rivers and streams that affect Puget Sound.
Specific action agenda sections may address specific geographic areas
of Puget Sound;
(b) Include a specific plan to address aquatic rehabilitation zone
one, as defined in RCW 90.88.010;
(c) Evaluate the effectiveness and efficiency of the overall
management system for the improvement and maintenance of the health of
the Puget Sound ecosystem;
(d) Review, revise as needed, and incorporate as they are
developed, the council's ecosystem goals and quantifiable measures;
(e) Establish near-term and long-term benchmarks that demonstrate
progress in achieving action agenda goals, and that describe how
progress will be tracked through clear and quantifiable measures that
are included in the action agenda;
(f) Integrate the recovery plans for salmon, orca, and other
species in Puget Sound listed under the federal endangered species act,
while working collaboratively with the Hood Canal coordinating council
in chapter 90.88 RCW on Hood Canal-specific issues;
(g) Integrate, where appropriate, provisions of water quantity,
watershed, marine resource, and other watershed plans; and
(h) Incorporate appropriate actions to carry out the science work
plan.
(8) When a state, local, or federal entity identifies a statute,
rule, or ordinance that conflicts with the requirements of, or an
impediment to the implementation of, the action agenda, the council
shall evaluate the merits of conflict or impediment and make necessary
recommendations to the agency, governor, legislature, local government,
or other appropriate entity for addressing and resolving the conflict
or impediment.
(9) By September 1, 2008, the council shall adopt the action
agenda. After the adoption of the initial action agenda, the council
shall revise the action agenda every six years using an adaptive
management process informed by tracking actions and monitoring results
in the Puget Sound. The council shall provide opportunity for public
review and comment on the proposed action agenda and subsequent
revisions.
(10) The council shall involve the board early in the development
of the action agenda and all subsequent revisions. The council and the
board shall jointly develop a schedule for board review of the proposed
action agenda or revisions.
(11) The action agenda shall be organized and maintained in a
single document to facilitate public accessibility to the plan.
NEW SECTION. Sec. 14
(1) Providing technical assistance and guidance;
(2) Reviewing, suggesting modifications to, implementing, measuring
results of, or providing additional funds, such as grants and loans, to
existing programs, projects, plans, and efforts, such as for:
(a) Local salmon recovery;
(b) Shoreline restoration and protections;
(c) Water quality improvement; and
(d) Water quantity plans;
(3) Identifying environmental research and data gaps;
(4) Helping prioritize environmental needs;
(5) Funding new projects and programs that narrow environmental
research and data gaps;
(6) Fostering action and results at the community level;
(7) Expanding public understanding and coordinating educational
efforts consistent with the action agenda;
(8) Supporting and coordinating with organizations to provide
volunteer opportunities; and
(9) Integrating the groups' efforts with the basin-wide restoration
activities consistent with the action agenda.
NEW SECTION. Sec. 15
(a) Provide to the partnership by June 1st of each even-numbered
year their estimates of the actions and the level of effort needed for
the forthcoming biennium to meet the goals, outcomes, targets, and
benchmarks developed by the partnership in the action agenda; and
(b) Work with the partnership in the development of biennial budget
requests directly related to achieving consistency with the action
agenda to be submitted to the governor for consideration in the
governor's biennial budget request. The agencies shall seek the
concurrence of the partnership in the proposed funding levels and
sources included in this proposed budget.
(2) If a state agency submits an amount different from that
developed in subsection (1)(a) of this section as part of its biennial
budget request, the partnership and state agency shall jointly identify
the differences and the reasons for these differences and present this
information to the office of financial management by October 1st of
each even-numbered year.
NEW SECTION. Sec. 16
(a) Identify funding needs by plan element and identify the time
periods in which specific funding is needed;
(b) Address funding responsibilities among local, state, and
federal governments, as well as nongovernmental funding;
(c) Assess and evaluate availability of funding from existing
sources;
(d) Identify gaps between funding needs and funds available from
existing sources; and
(e) Propose and develop a detailed financing strategy to secure
stable, long-term, and sufficient funding throughout the time periods
for plan implementation, including proposals for new, broad-based
sources of funding that will fill the funding gaps, as identified in
this subsection.
(2) The funding recommendation reports, as provided in subsection
(1) of this section, must be available to the public before a budget
request is made.
NEW SECTION. Sec. 17
(2) Beginning November 1, 2008, the council shall report annually
each November 1st to the governor, the legislature, and the public on
progress under the action agenda. The report shall include an
assessment of whether entities that have received state funds for
action agenda-related actions have accomplished expected results.
(3) The council shall review actions, where appropriate, of any
nonstate entity performing Puget Sound-related actions that are not
subject to a performance agreement. If the partnership determines that
an entity's actions are inconsistent with the plan, the partnership
shall offer technical assistance to the entity for the purpose of
bringing the entity into conformance with the plan. The council shall
include in the progress report the nonperformance of any entity and
those entities that refuse technical assistance under this section.
The report shall include a description of how the entity is not in
conformance and shall describe actions the council took to try to bring
the entity into conformance.
(4) In consultation with the committee, the council shall select at
least one of the existing programs in every progress report and assess
that program's efficacy and expenditures devoted to Puget Sound
protection and recovery for consistency with the action agenda.
NEW SECTION. Sec. 18
(2) Except for grant preferences specifically designated by the
legislature, there shall be no punitive or corrective penalty assessed
by the partnership, or any differential treatment given by the
partnership, for a city, county, special district, or other
governmental entity that is not designated as a Puget Sound partner.
NEW SECTION. Sec. 19
(2) The partnership shall condition, with interagency agreements,
any grants or funding transfers to other entities to ensure
accountability in the expenditure of the funds and to ensure that the
funds are used by the recipient entity in the manner determined by the
partnership to be the most consistent with the priorities of the action
agenda. Any conditions placed on federal funding under this section
shall either incorporate, or not run counter to, signed agreements
between the entity and the federal government.
(3) If the partnership finds that the provided funding was not used
as instructed in the interagency agreement, the partnership may suspend
or further condition future funding to the recipient entity.
(4) Any entity directly or indirectly receiving funding from the
partnership that is not subject to disclosure under chapter 42.56 RCW
must, as a mandatory contractual prerequisite to receiving the funding,
agree to disclose any information in regards to that funding as if the
entity were subject to the requirements of chapter 42.56 RCW.
NEW SECTION. Sec. 20
(b) To avoid delays in expending funds required under this section
to be conditional on the execution of an interagency agreement, the
partnership shall attempt to provide draft performance agreements at
least sixty days before the beginning of the biennium.
(2) The office of financial management may approve expenditure of
funds under this section prior to the execution of an interagency
agreement, if it determines that accelerating the expenditure would be
beneficial to accomplishing the action agenda developed pursuant to
section 13 of this act.
NEW SECTION. Sec. 21
(2) The findings of the review required under this section shall be
reported to the governor and the appropriate committees of the
legislature, together with any recommendations from the partnership as
to how future expenditures could better match the priorities of the
action agenda.
NEW SECTION. Sec. 22
(2) The biennial reports, and the actions associated with the
reports, shall apply to entities and funds identified in sections 16,
19, 20, and 21 of this act.
(3) The biennial reports and actions are as follows:
(a) The partnership shall monitor the performance measures:
(i) Included in any interagency agreement entered into pursuant to
sections 17 through 20 of this act; and
(ii) Associated with the programs stipulated in section 21 of this
act.
(b) Before the end of the biennium for which funds identified in
this section are authorized, the partnership may provide advice and
recommendations to the recipient entity as to how the funding provided
by the legislature can best satisfy the goals of the action agenda.
(c) At the end of the biennium for which the funding was provided,
the partnership shall issue a report to the office of financial
management that outlines whether the entity receiving the funds
satisfied the performance measures identified in the interagency
agreement.
(d)(i) If the partnership concludes that the entity receiving the
funds failed to satisfy the performance measures identified in the
interagency agreement, then the partnership shall:
(A) Identify the reasons why the entity was unable to satisfy the
performance measures; and
(B) Recommend to the governor and to the appropriate committees of
the legislature other options to achieve plan-related results with the
same funds.
(ii) If a performance measure was not able to be satisfied because
of a state law or rule or an agency or local policy, then the
partnership shall make recommendations to the governor and the
appropriate committees of the legislature, or other appropriate
entities, to sponsor legislation or changes to the Washington
Administrative Code or agency or local policy addressing the barrier.
The partnership shall, when deemed appropriate by the partnership,
include with these recommendations any recommendations developed under
section 21 of this act.
NEW SECTION. Sec. 23
(2) The audit shall include, but not be limited to:
(a) A determination of the extent to which funds expended as
provided in sections 19 and 20 of this act have contributed to the
restoration of Puget Sound; and
(b) A determination of the efficiency of the partnership structure.
For the purposes of this subsection, the partnership structure
includes:
(i) The leadership council;
(ii) The executive director's staff;
(iii) The board;
(iv) The committee; and
(v) Other subcommittees, advisory committees, and nonprofit
organizations the council may create.
(3) The executive director shall provide any partnership materials
to the joint legislative audit and review committee upon request.
Materials may include, but are not limited to:
(a) Annual progress reports;
(b) Biennial performance reports; and
(c) Puget Sound science update.
(4) The joint legislative audit and review committee shall submit
a report of its completed audit by April 2011 for the first audit, and
by April every three years thereafter. The report shall be submitted
to the council, to the executive director, to the governor, and to the
appropriate legislative committees.
(5) The partnership shall use the reports, as provided in
subsection (4) of this section, as a basis for recommended changes to
successfully achieve the action agenda goals by 2020. Recommended
changes may include, but are not limited to:
(a) The action agenda;
(b) Budget requests to the governor and legislature; and
(c) The structure of the partnership itself.
(6) The council shall submit the partnership's recommendations, as
provided in subsection (5) of this section, to the governor and to the
appropriate legislative committees by September 2011, and by September
every three years thereafter.
NEW SECTION. Sec. 24
(2) The strategic science program may include:
(a) Continuation of the Puget Sound assessment and monitoring
program, as provided in RCW 90.71.060;
(b) Additional provisions of the research and modeling program to
be incorporated as an element of the action agenda; and
(c) A monitoring program, including baselines, protocols,
guidelines, and quantifiable performance measures.
NEW SECTION. Sec. 25
(a) Describe the current scientific understanding of various
physical attributes of Puget Sound;
(b) Serve as the scientific basis for the selection of
environmental indicators measuring the health of Puget Sound; and
(c) Serve as the scientific basis for the status and trends of
those environmental indicators within the ecosystem framework.
(2) The executive director shall submit the Puget Sound science
update to the Washington academy of sciences, to the governor, and to
the appropriate legislative committees. The first update shall be
submitted by April 2013, and by April every six years thereafter.
(3) The Washington academy of sciences shall conduct an assessment
of basin-wide restoration progress. The assessment shall include, but
not be limited to:
(a) A determination of the extent to which implementation of the
action agenda is making progress toward the action agenda goals; and
(b) A determination of whether the environmental indicators and
benchmarks included in the action agenda accurately measure and reflect
progress toward the action agenda goals.
(4) The Washington academy of sciences shall submit a report of its
completed assessments by April 2014 for the first assessment, and by
April every six years thereafter.
(5) The partnership shall use the report, as provided in subsection
(4) of this section, as a basis for recommended changes to successfully
achieve the action agenda goals by 2020. Recommended changes may
include, but are not limited to:
(a) The action agenda;
(b) The environmental indicators, as provided in this section; and
(c) Budget requests to the governor and legislature.
(6) The council shall submit the partnership's recommendations, as
provided in subsection (5) of this section, to the governor and to the
legislature by September 2014, and by September every six years
thereafter.
NEW SECTION. Sec. 26
(2) The biennial science work plan shall include, at a minimum:
(a) Identification of recommendations from scientific and technical
reports relating to Puget Sound;
(b) A description of the Puget Sound science-related activities
being conducted by various entities in the region, including studies,
models, monitoring, research, and other appropriate activities;
(c) A description of whether the ongoing work addresses the
recommendations and, if not, identification of necessary actions to
fill gaps;
(d) Identification of specific biennial science work actions to be
done over the course of the work plan, and how these actions address
science needs in Puget Sound; and
(e) Recommendations for improvements to the ongoing science work in
Puget Sound.
NEW SECTION. Sec. 27
(2) The council, with assistance from the committee or from the
Washington academy of sciences created in chapter 70.220 RCW, shall
identify environmental indicators that accurately measure success of
the action agenda goals.
(3) The council is responsible for measuring the environmental
indicators, as provided in subsection (2) of this section, and shall
report the results in the Puget Sound science update, as provided in
section 25 of this act.
(4) The council shall be accountable for all funds allocated to the
partnership, and shall report these funds in the biennium reports.
(5) The council shall apply accountability measures consistent with
the assessment in RCW 43.17.390 to all levels of government and to any
entity with responsibilities under the action agenda, including itself,
to determine compliance with the action agenda and achievement of the
results expected.
(6) The council shall work with the board to develop accountability
measures for any entity having responsibilities under the action
agenda, to determine compliance with the action agenda and achievement
of the results expected. The council or the board shall also work with
the entities themselves to identify additional accountability measures,
including positive incentives and consequences for inaction.
(7) The partnership shall develop and submit to the legislature
recommendations to enhance and phase-in local government accountability
measures by September 20, 2008.
NEW SECTION. Sec. 28
(2) State and local governments shall retain their own decision-making authority in implementing the action agenda consistent with
current law.
NEW SECTION. Sec. 29
(2) The salary of the executive director shall be set by the
governor.
(3) Members of the board, including nonvoting ex officio members,
shall be reimbursed for travel expenses in accordance with RCW
43.03.050 and 43.03.060.
(4) Members of the committee who are employed by federal, state,
and local governments shall serve without additional pay. Other
members shall be compensated in accordance with RCW 43.03.240 and shall
be entitled to reimbursement for travel expenses incurred in the
performance of their duties as members of the committee in accordance
with RCW 43.03.050 and 43.03.060.
NEW SECTION. Sec. 30
(2)(a) All employees of the Puget Sound action team are transferred
to the jurisdiction of the Puget Sound partnership.
(b) All reports, documents, surveys, books, records, files, papers,
or written material in the possession of the Puget Sound action team
shall be delivered to the custody of the Puget Sound partnership. All
cabinets, furniture, office equipment, motor vehicles, and other
tangible property employed by the Puget Sound action team shall be made
available to the Puget Sound partnership. All funds, credits, or other
assets held by the Puget Sound action team shall be assigned to the
Puget Sound partnership.
(c) Any appropriations made to the Puget Sound action team shall,
on the effective date of this section, be transferred and credited to
the Puget Sound partnership.
(d) If any question arises as to the transfer of any personnel,
funds, books, documents, records, papers, files, equipment, or other
tangible property used or held in the exercise of the powers and the
performance of the duties and functions transferred, the director of
financial management shall make a determination as to the proper
allocation and certify the same to the state agencies concerned.
(3) All rules and all pending business before the Puget Sound
action team shall be continued and acted upon by the Puget Sound
partnership. All existing contracts and obligations shall remain in
full force and shall be performed by the Puget Sound partnership.
(4) The transfer of the powers, duties, functions, and personnel of
the Puget Sound action team shall not affect the validity of any act
performed before the effective date of this section.
(5) If apportionments of budgeted funds are required because of the
transfers directed by this section, the director of financial
management shall certify the apportionments to the agencies affected,
the state auditor, and the state treasurer. Each of these shall make
the appropriate transfer and adjustments in funds and appropriation
accounts and equipment records in accordance with the certification.
(6) Nothing contained in this section may be construed to alter any
existing collective bargaining unit or the provisions of any existing
collective bargaining agreement until the agreement has expired or
until the bargaining unit has been modified by action of the public
employment relations commission as provided by law.
NEW SECTION. Sec. 31
Sec. 32 RCW 90.71.100 and 2001 c 273 s 3 are each amended to read
as follows:
(1) The ((action team)) department of health shall establish a
shellfish - on-site sewage grant program in Puget Sound and for Pacific
and Grays Harbor counties. The ((action team)) department of health
shall provide funds to local health jurisdictions to be used as grants
or loans to individuals for improving their on-site sewage systems.
The grants or loans 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 or loan
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)) department of health 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 or loans at a level that
matches the funds generated from the oyster reserve lands in that area.
(2) In the Puget Sound, the ((action team)) department of health
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))
department of health shall give first priority to preventing the
deterioration of water quality in areas where commercial or
recreational shellfish are grown.
(4) The ((action team)) department of health 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)) department of health 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.))
NEW SECTION. Sec. 33 A new section is added to chapter 41.06 RCW
to read as follows:
In addition to the exemptions under RCW 41.06.070, the provisions
of this chapter shall not apply in the Puget Sound partnership to the
executive director, to one confidential secretary, and to all
professional staff.
Sec. 34 RCW 43.17.010 and 2006 c 265 s 111 are each amended to
read as follows:
There shall be departments of the state government which shall be
known as (1) the department of social and health services, (2) the
department of ecology, (3) the department of labor and industries, (4)
the department of agriculture, (5) the department of fish and wildlife,
(6) the department of transportation, (7) the department of licensing,
(8) the department of general administration, (9) the department of
community, trade, and economic development, (10) the department of
veterans affairs, (11) the department of revenue, (12) the department
of retirement systems, (13) the department of corrections, (14) the
department of health, (15) the department of financial institutions,
(16) the department of archaeology and historic preservation, ((and))
(17) the department of early learning, and (18) the Puget Sound
partnership, which shall be charged with the execution, enforcement,
and administration of such laws, and invested with such powers and
required to perform such duties, as the legislature may provide.
Sec. 35 RCW 43.17.020 and 2006 c 265 s 112 are each amended to
read as follows:
There shall be a chief executive officer of each department to be
known as: (1) The secretary of social and health services, (2) the
director of ecology, (3) the director of labor and industries, (4) the
director of agriculture, (5) the director of fish and wildlife, (6) the
secretary of transportation, (7) the director of licensing, (8) the
director of general administration, (9) the director of community,
trade, and economic development, (10) the director of veterans affairs,
(11) the director of revenue, (12) the director of retirement systems,
(13) the secretary of corrections, (14) the secretary of health, (15)
the director of financial institutions, (16) the director of the
department of archaeology and historic preservation, ((and)) (17) the
director of early learning, and (18) the executive director of the
Puget Sound partnership.
Such officers, except the director of fish and wildlife, shall be
appointed by the governor, with the consent of the senate, and hold
office at the pleasure of the governor. The director of fish and
wildlife shall be appointed by the fish and wildlife commission as
prescribed by RCW 77.04.055.
Sec. 36 RCW 42.17.2401 and 2006 c 265 s 113 are each amended to
read as follows:
For the purposes of RCW 42.17.240, the term "executive state
officer" includes:
(1) The chief administrative law judge, the director of
agriculture, the administrator of the Washington basic health plan, the
director of the department of services for the blind, the director of
the state system of community and technical colleges, the director of
community, trade, and economic development, the secretary of
corrections, the director of early learning, the director of ecology,
the commissioner of employment security, the chair of the energy
facility site evaluation council, the secretary of the state finance
committee, the director of financial management, the director of fish
and wildlife, the executive secretary of the forest practices appeals
board, the director of the gambling commission, the director of general
administration, the secretary of health, the administrator of the
Washington state health care authority, the executive secretary of the
health care facilities authority, the executive secretary of the higher
education facilities authority, the executive secretary of the horse
racing commission, the executive secretary of the human rights
commission, the executive secretary of the indeterminate sentence
review board, the director of the department of information services,
the director of the interagency committee for outdoor recreation, the
executive director of the state investment board, the director of labor
and industries, the director of licensing, the director of the lottery
commission, the director of the office of minority and women's business
enterprises, the director of parks and recreation, the director of
personnel, the executive director of the public disclosure commission,
the executive director of the Puget Sound partnership, the director of
retirement systems, the director of revenue, the secretary of social
and health services, the chief of the Washington state patrol, the
executive secretary of the board of tax appeals, the secretary of
transportation, the secretary of the utilities and transportation
commission, the director of veterans affairs, the president of each of
the regional and state universities and the president of The Evergreen
State College, and each district and each campus president of each
state community college;
(2) Each professional staff member of the office of the governor;
(3) Each professional staff member of the legislature; and
(4) Central Washington University board of trustees, board of
trustees of each community college, each member of the state board for
community and technical colleges, state convention and trade center
board of directors, committee for deferred compensation, Eastern
Washington University board of trustees, Washington economic
development finance authority, The Evergreen State College board of
trustees, executive ethics board, forest practices appeals board,
forest practices board, gambling commission, life sciences discovery
fund authority board of trustees, Washington health care facilities
authority, each member of the Washington health services commission,
higher education coordinating board, higher education facilities
authority, horse racing commission, state housing finance commission,
human rights commission, indeterminate sentence review board, board of
industrial insurance appeals, information services board, interagency
committee for outdoor recreation, state investment board, commission on
judicial conduct, legislative ethics board, liquor control board,
lottery commission, marine oversight board, Pacific Northwest electric
power and conservation planning council, parks and recreation
commission, ((personnel appeals board,)) board of pilotage
commissioners, pollution control hearings board, public disclosure
commission, public pension commission, shorelines hearing board, public
employees' benefits board, salmon recovery funding board, board of tax
appeals, transportation commission, University of Washington board of
regents, utilities and transportation commission, Washington state
maritime commission, Washington personnel resources board, Washington
public power supply system executive board, Washington State University
board of regents, Western Washington University board of trustees, and
fish and wildlife commission.
Sec. 37 RCW 77.85.090 and 2005 c 309 s 7 are each amended to read
as follows:
(1) The southwest Washington salmon recovery region, whose
boundaries are provided in chapter 60, Laws of 1998, is created.
(2) Lead entities within a salmon recovery region that agree to
form a regional salmon recovery organization may be recognized by the
salmon recovery office as a regional recovery organization. The
regional recovery organization may plan, coordinate, and monitor the
implementation of a regional recovery plan in accordance with RCW
77.85.150. Regional recovery organizations existing as of July 24,
2005, that have developed draft recovery plans approved by the
governor's salmon recovery office by July 1, 2005, may continue to
plan, coordinate, and monitor the implementation of regional recovery
plans.
(3) Beginning January 1, 2008, the leadership council, created
under chapter 90.71 RCW, shall serve as the regional salmon recovery
organization for Puget Sound salmon species, except for the Hood Canal
summer chum evolutionarily significant unit area. The Hood Canal
coordinating council under chapter 90.88 RCW shall continue to serve as
the regional salmon recovery organization for the Hood Canal summer
chum evolutionarily significant unit area.
Sec. 38 RCW 70.220.040 and 2005 c 305 s 4 are each amended to
read as follows:
(1) The academy shall investigate, examine, and report on any
subject of science requested by the governor, the governor's designee,
the Puget Sound partnership, or the legislature. The procedures for
selecting panels of experts to respond to such requests shall be set
forth in the bylaws or other appropriate operating guidelines. In
forming review panels, the academy shall endeavor to assure that the
panel members have no conflicts of interest and that proposed panelists
first disclose any advocacy positions or financial interest related to
the questions to be addressed by the panel that the candidate has held
within the past ten years.
(2) The governor shall provide funding to the academy for the
actual expense of such investigation, examination, and reports. Such
funding shall be in addition to state funding assistance to the academy
in its initial years of operation as described in RCW 70.220.060.
Sec. 39 RCW 43.155.070 and 2001 c 131 s 5 are each amended to
read as follows:
(1) To qualify for loans or pledges under this chapter the board
must determine that a local government meets all of the following
conditions:
(a) The city or county must be imposing a tax under chapter 82.46
RCW at a rate of at least one-quarter of one percent;
(b) The local government must have developed a capital facility
plan; and
(c) The local government must be using all local revenue sources
which are reasonably available for funding public works, taking into
consideration local employment and economic factors.
(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 must have 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 loan or loan guarantee 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 loan or loan guarantee 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 loan or loan
guarantee.
(3) In considering awarding 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, the board 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.
(4) The board shall develop a priority process for public works
projects as provided in this section. The intent of the priority
process is to maximize the value of public works projects accomplished
with assistance under this chapter. The board shall attempt to assure
a geographical balance in assigning priorities to projects. The board
shall consider at least the following factors in assigning a priority
to a project:
(a) Whether the local government receiving assistance has
experienced severe fiscal distress resulting from natural disaster or
emergency public works needs;
(b) Except as otherwise conditioned by section 40 of this act,
whether the local government receiving assistance is designated as a
Puget Sound partner, as that term is defined in RCW 90.71.010;
(c) Whether the project is critical in nature and would affect the
health and safety of a great number of citizens;
(((c))) (d) The cost of the project compared to the size of the
local government and amount of loan money available;
(((d))) (e) The number of communities served by or funding the
project;
(((e))) (f) Whether the project is located in an area of high
unemployment, compared to the average state unemployment;
(((f))) (g) Whether the project is the acquisition, expansion,
improvement, or renovation by a local government of a public water
system that is in violation of health and safety standards, including
the cost of extending existing service to such a system;
(((g))) (h) The relative benefit of the project to the community,
considering the present level of economic activity in the community and
the existing local capacity to increase local economic activity in
communities that have low economic growth; and
(((h))) (i) Other criteria that the board considers advisable.
(5) Existing debt or financial obligations of local governments
shall not be refinanced under this chapter. Each local government
applicant shall provide documentation of attempts to secure additional
local or other sources of funding for each public works project for
which financial assistance is sought under this chapter.
(6) Before November 1st of each year, the board shall develop and
submit to the appropriate fiscal committees of the senate and house of
representatives a description of the loans made under RCW 43.155.065,
43.155.068, and subsection (9) of this section during the preceding
fiscal year and a prioritized list of projects which are recommended
for funding by the legislature, including one copy to the staff of each
of the committees. The list shall include, but not be limited to, a
description of each project and recommended financing, the terms and
conditions of the loan or financial guarantee, the local government
jurisdiction and unemployment rate, demonstration of the jurisdiction's
critical need for the project and documentation of local funds being
used to finance the public works project. The list shall also include
measures of fiscal capacity for each jurisdiction recommended for
financial assistance, compared to authorized limits and state averages,
including local government sales taxes; real estate excise taxes;
property taxes; and charges for or taxes on sewerage, water, garbage,
and other utilities.
(7) The board shall not sign contracts or otherwise financially
obligate funds from the public works assistance account before the
legislature has appropriated funds for a specific list of public works
projects. The legislature may remove projects from the list
recommended by the board. The legislature shall not change the order
of the priorities recommended for funding by the board.
(8) Subsection (7) of this section does not apply to loans made
under RCW 43.155.065, 43.155.068, and subsection (9) of this section.
(9) Loans made for the purpose of capital facilities plans shall be
exempted from subsection (7) of this section.
(10) To qualify for loans or pledges for solid waste or recycling
facilities under this chapter, a city or county must demonstrate that
the solid waste or recycling facility is consistent with and necessary
to implement the comprehensive solid waste management plan adopted by
the city or county under chapter 70.95 RCW.
NEW SECTION. Sec. 40 A new section is added to chapter 43.155
RCW to read as follows:
In developing a priority process for public works projects under
RCW 43.155.070, the board shall give preferences only to Puget Sound
partners, as defined in RCW 90.71.010, over other entities that are
eligible to be designated as Puget Sound partners under chapter 90.71
RCW. Entities that are not eligible to be a Puget Sound partner, due
to geographic location, composition, exclusion from the scope of the
Puget Sound action agenda developed under section 13 of this act, or
for any other reason, shall not be given less preferential treatment
than Puget Sound partners.
Sec. 41 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) Except as otherwise conditioned by section 42 of this act,
whether the applicant is designated as a Puget Sound partner, as
defined in RCW 90.71.010;
(f) 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))) (g) The recommendations of the Puget Sound ((action team))
partnership created in section 3 of this act 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.
NEW SECTION. Sec. 42 A new section is added to chapter 70.146
RCW to read as follows:
When making grants or loans for water pollution control facilities
under RCW 70.146.070, the department shall give consideration only to
Puget Sound partners in comparison to other entities that are eligible
to be designated as Puget Sound partners under chapter 90.71 RCW.
Entities that are not eligible to be a Puget Sound partner, due to
geographic location, composition, exclusion from the scope of the Puget
Sound action agenda developed under section 13 of this act, or for any
other reason, shall not be given less preferential treatment than Puget
Sound partners.
Sec. 43 RCW 90.88.005 and 2005 c 478 s 1 are each amended to read
as follows:
(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 in this state.
(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
that this problem and various contributors to the problem were
documented in the May 2004 Preliminary Assessment and Corrective Action
Plan published by the state agency known as the 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. The
legislature recognizes that, while some information and research is now
available and some potential solutions have been identified, more
research and analysis is needed to fully develop a program to address
Hood Canal's low-dissolved oxygen concentrations.
(4) The legislature finds a need exists for the state to take
action to address Hood Canal's low-dissolved oxygen concentrations.
The legislature also finds establishing an aquatic rehabilitation zone
for Hood Canal will serve as a statutory framework for future
regulations and programs directed at recovery of this important aquatic
resource.
(5) The legislature therefore intends to establish an aquatic
rehabilitation zone for Hood Canal as the framework to address Hood
Canal's low-dissolved oxygen concentrations. The legislature also
intends to incorporate provisions in the new statutory chapter creating
the designation as solutions are identified regarding this problem.
Sec. 44 RCW 90.88.020 and 2005 c 479 s 2 are each amended to read
as follows:
(1) The development of a program for rehabilitation of Hood Canal
is authorized in Jefferson, Kitsap, and Mason counties within the
aquatic rehabilitation zone one.
(2) The Puget Sound ((action team)) partnership, created in section
3 of this act, is designated as the state lead agency for the
rehabilitation program authorized in this section.
(3) The Hood Canal coordinating council is designated as the local
management board for the rehabilitation program authorized in this
section.
(4) The Puget Sound ((action team)) partnership and the Hood Canal
coordinating council must each approve and must comanage projects under
the rehabilitation program authorized in this section.
Sec. 45 RCW 90.88.030 and 2005 c 479 s 3 are each amended to read
as follows:
(1) The Hood Canal coordinating council shall serve as the local
management board for aquatic rehabilitation zone one. The local
management board shall coordinate local government efforts with respect
to the program authorized according to RCW 90.88.020. In the Hood
Canal area, the Hood Canal coordinating council also shall:
(a) Serve as the lead entity and the regional recovery organization
for the purposes of chapter 77.85 RCW for Hood Canal summer chum; and
(b) Assist in coordinating activities under chapter 90.82 RCW.
(2) When developing and implementing the program authorized in RCW
90.88.020 and when establishing funding criteria according to
subsection (7) of this section, the Puget Sound ((action team))
partnership, created in section 3 of this act, and the local management
board shall solicit participation by federal, tribal, state, and local
agencies and universities and nonprofit organizations with expertise in
areas related to program activities. The local management board may
include state and federal agency representatives, or additional
persons, as nonvoting management board members or may receive technical
assistance and advice from them in other venues. The local management
board also may appoint technical advisory committees as needed.
(3) The local management board and the Puget Sound ((action team))
partnership shall participate in the development of the program
authorized under RCW 90.88.020.
(4) The local management board and its participating local and
tribal governments shall assess concepts for a regional governance
structure and shall submit a report regarding the findings and
recommendations to the appropriate committees of the legislature by
December 1, 2007.
(5) Any of the local management board's participating counties and
tribes, any federal, tribal, state, or local agencies, or any
universities or nonprofit organizations 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.
(6) The local 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.
(7) The local management board and the Puget Sound ((action team))
partnership each may receive and disburse funding for projects,
studies, and activities related to Hood Canal's low-dissolved oxygen
concentrations. The Puget Sound ((action team)) partnership and the
local management board shall jointly coordinate a process to prioritize
projects, studies, and activities for which the Puget Sound ((action
team)) partnership receives state funding specifically allocated for
Hood Canal corrective actions to implement this section. The local
management board and the Puget Sound ((action team)) partnership shall
establish criteria for funding these projects, studies, and activities
based upon their likely value in addressing and resolving Hood Canal's
low-dissolved oxygen concentrations. Final approval for projects under
this section requires the consent of both the Puget Sound ((action
team)) partnership and the local management board. Projects under this
section must be comanaged by the Puget Sound ((action team))
partnership and the local management board. Nothing in this section
prohibits any federal, tribal, state, or local agencies, universities,
or nonprofit organizations from receiving funding for specific projects
that may assist in the rehabilitation of Hood Canal.
(8) The local 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.
(9) The local 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 local management
board also shall submit an annual report describing its efforts and
successes in implementing the program established according to RCW
90.88.020 to the appropriate committees of the legislature.
Sec. 46 RCW 90.88.901 and 2005 c 479 s 5 are each amended to read
as follows:
Nothing in chapter 479, Laws of 2005 provides any regulatory
authority to the Puget Sound ((action team)) partnership, created in
section 3 of this act, or the Hood Canal coordinating council.
Sec. 47 RCW 90.88.902 and 2005 c 479 s 6 are each amended to read
as follows:
The activities of the Puget Sound ((action team)) partnership,
created in section 3 of this act, and the Hood Canal coordinating
council required by chapter 479, Laws of 2005 are subject to the
availability of amounts appropriated for this specific purpose.
Sec. 48 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)) partnership, created in section 3 of this act. 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.
Sec. 49 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)) 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. 50 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)) 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)) partnership'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. 51 RCW 79.105.500 and 2005 c 155 s 158 are each amended to
read as follows:
The legislature finds that the department provides, manages, and
monitors aquatic land dredged material 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 army corps of engineers, and the United States
environmental protection agency in cooperation with the Puget Sound
((action team)) 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. 52 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))
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. 53 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))
partnership, created in section 3 of this act, 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. 54 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 plan)) partnership
action agenda to conduct any activity required under chapter 281, Laws
of 1994.
Sec. 55 RCW 43.21J.030 and 1998 c 245 s 60 are each amended to
read as follows:
(1) There is created the environmental enhancement and job creation
task force within the office of the governor. The purpose of the task
force is to provide a coordinated and comprehensive approach to
implementation of chapter 516, Laws of 1993. The task force shall
consist of the commissioner of public lands, the director of the
department of fish and wildlife, the director of the department of
ecology, the director of the parks and recreation commission, the
timber team coordinator, the executive director of the work force
training and education coordinating board, and the executive director
of the Puget Sound ((water quality authority)) partnership, or their
designees. The task force may seek the advice of the following
agencies and organizations: The department of community, trade, and
economic development, the conservation commission, the employment
security department, the interagency committee for outdoor recreation,
appropriate federal agencies, appropriate special districts, the
Washington state association of counties, the association of Washington
cities, labor organizations, business organizations, timber-dependent
communities, environmental organizations, and Indian tribes. The
governor shall appoint the task force chair. Members of the task force
shall serve without additional pay. Participation in the work of the
committee by agency members shall be considered in performance of their
employment. The governor shall designate staff and administrative
support to the task force and shall solicit the participation of agency
personnel to assist the task force.
(2) The task force shall have the following responsibilities:
(a) Soliciting and evaluating, in accordance with the criteria set
forth in RCW 43.21J.040, requests for funds from the environmental and
forest restoration account and making distributions from the account.
The task force shall award funds for projects and training programs it
approves and may allocate the funds to state agencies for disbursement
and contract administration;
(b) Coordinating a process to assist state agencies and local
governments to implement effective environmental and forest restoration
projects funded under this chapter;
(c) Considering unemployment profile data provided by the
employment security department.
(3) Beginning July 1, 1994, the task force shall have the following
responsibilities:
(a) To solicit and evaluate proposals from state and local
agencies, private nonprofit organizations, and tribes for environmental
and forest restoration projects;
(b) To rank the proposals based on criteria developed by the task
force in accordance with RCW 43.21J.040; and
(c) To determine funding allocations for projects to be funded from
the account created in RCW 43.21J.020 and for projects or programs as
designated in the omnibus operating and capital appropriations acts.
Sec. 56 RCW 43.21J.040 and 1993 c 516 s 4 are each amended to
read as follows:
(1) Subject to the limitations of RCW 43.21J.020, the task force
shall award funds from the environmental and forest restoration account
on a competitive basis. The task force shall evaluate and rate
environmental enhancement and restoration project proposals using the
following criteria:
(a) The ability of the project to produce measurable improvements
in water and habitat quality;
(b) The cost-effectiveness of the project based on: (i) Projected
costs and benefits of the project; (ii) past costs and environmental
benefits of similar projects; and (iii) the ability of the project to
achieve cost efficiencies through its design to meet multiple policy
objectives;
(c) The inclusion of the project as a high priority in a federal,
state, tribal, or local government plan relating to environmental or
forest restoration, including but not limited to a local watershed
action plan, storm water management plan, capital facility plan, growth
management plan, or a flood control plan; or the ranking of the project
by conservation districts as a high priority for water quality and
habitat improvements;
(d) The number of jobs to be created by the project for dislocated
forest products workers, high-risk youth, and residents of impact
areas;
(e) Participation in the project by environmental businesses to
provide training, cosponsor projects, and employ or jointly employ
project participants;
(f) The ease with which the project can be administered from the
community the project serves;
(g) The extent to which the project will either augment existing
efforts by organizations and governmental entities involved in
environmental and forest restoration in the community or receive
matching funds, resources, or in-kind contributions; and
(h) The capacity of the project to produce jobs and job-related
training that will pay market rate wages and impart marketable skills
to workers hired under this chapter.
(2) The following types of projects and programs shall be given top
priority in the first fiscal year after July 1, 1993:
(a) Projects that are highly ranked in and implement adopted or
approved watershed action plans, such as those developed pursuant to
rules adopted by the agency then known as the Puget Sound water quality
authority ((rules adopted)) for local planning and management of
nonpoint source pollution;
(b) Conservation district projects that provide water quality and
habitat improvements;
(c) Indian tribe projects that provide water quality and habitat
improvements; or
(d) Projects that implement actions approved by a shellfish
protection district under chapter 100, Laws of 1992.
(3) Funds shall not be awarded for the following activities:
(a) Administrative rule making;
(b) Planning; or
(c) Public education.
Sec. 57 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 are carried out. They shall consult with
the Puget Sound ((water quality authority)) partnership, created in
section 3 of this act, and ensure consistency with ((the authority's))
any of the Puget Sound partnership's water quality management plans.
(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.
NEW SECTION. Sec. 58 RCW 90.71.902 and 90.71.903 are each
decodified.
NEW SECTION. Sec. 59 RCW 90.71.100 is recodified as a new
section in chapter 70.118 RCW.
NEW SECTION. Sec. 60 The following acts or parts of acts are
each repealed:
(1) RCW 90.71.015 (Environmental excellence program agreements--Effect on chapter) and 1997 c 381 s 30;
(2) RCW 90.71.020 (Puget Sound action team) and 1998 c 246 s 14 &
1996 c 138 s 3;
(3) RCW 90.71.030 (Puget Sound council) and 1999 c 241 s 3 & 1996
c 138 s 4;
(4) RCW 90.71.040 (Chair of action team) and 1996 c 138 s 5;
(5) RCW 90.71.050 (Work plans) and 1998 c 246 s 15 & 1996 c 138 s
6;
(6) RCW 90.71.070 (Work plan implementation) and 1996 c 138 s 8;
(7) RCW 90.71.080 (Public participation) and 1996 c 138 s 9;
(8) RCW 90.71.900 (Short title -- 1996 c 138) and 1996 c 138 s 15;
and
(9) RCW 90.71.901 (Captions not law) and 1996 c 138 s 14.
NEW SECTION. Sec. 61 Sections 3 through 31 of this act are each
added to chapter
NEW SECTION. Sec. 62 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
July 1, 2007.