BILL REQ. #:  H-0574.1 

Read first time 01/13/09.   Referred to Committee on Ecology & Parks.

     AN ACT Relating to protecting the natural marine ecosystem from the potential risks of petroleum extraction; and amending RCW 43.143.005, 43.143.010, and 90.58.550.

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

Sec. 1   RCW 43.143.005 and 1997 c 152 s 1 are each amended to read as follows:
     (1) Washington's coastal waters, seabed, and shorelines are among the most valuable and fragile of its natural resources.
     (2) Ocean and marine-based industries and activities, such as fishing, aquaculture, tourism, and marine transportation have played a major role in the history of the state and will continue to be important in the future.
     (3) Washington's coastal waters, seabed, and shorelines are faced with conflicting use demands. Some uses may pose unacceptable environmental or social risks at certain times.
     (4)(a) The state of Washington has primary jurisdiction over the management of coastal and ocean natural resources within three miles of its coastline. From three miles seaward to the boundary of the two hundred mile exclusive economic zone, the United States federal government has primary jurisdiction. Since protection, conservation, and development of the natural resources in the exclusive economic zone directly affect Washington's economy and environment, the state has an inherent interest in how these resources are managed.
     (b) It is the policy of the state of Washington that there be no leasing of Washington's tidal or submerged lands within three miles of its coastline, or within three miles seaward to the boundary of the two hundred mile exclusive economic zone, for purposes of oil or gas exploration, development, or production.

Sec. 2   RCW 43.143.010 and 1997 c 152 s 2 are each amended to read as follows:
     (1) The purpose of this chapter is to articulate policies and establish guidelines for the exercise of state and local management authority over Washington's coastal waters, seabed, and shorelines.
     (2) There shall be no leasing of Washington's tidal or submerged lands extending from mean high tide seaward ((three)) two hundred miles along the Washington coast from Cape Flattery south to Cape Disappointment, nor in Grays Harbor, Willapa Bay, and the Columbia river downstream from the Longview bridge, for purposes of oil or gas exploration, development, or production.
     (3) When conflicts arise among uses and activities, priority shall be given to resource uses and activities that will not adversely impact renewable resources over uses which are likely to have an adverse impact on renewable resources.
     (4) It is the policy of the state of Washington to actively encourage the conservation of liquid fossil fuels, and to explore available methods of encouraging such conservation.
     (5) It is not currently the intent of the legislature to include recreational uses or currently existing commercial uses involving fishing or other renewable marine or ocean resources within the uses and activities which must meet the planning and review criteria set forth in RCW 43.143.030. It is not the intent of the legislature, however, to permanently exclude these uses from the requirements of RCW 43.143.030. If information becomes available which indicates that such uses should reasonably be covered by the requirements of RCW 43.143.030, the permitting government or agency may require compliance with those requirements, and appeals of that decision shall be handled through the established appeals procedure for that permit or approval.
     (6) The state shall participate in federal ocean and marine resource decisions to the fullest extent possible to ensure that the decisions are consistent with the state's policy concerning the use of those resources.

Sec. 3   RCW 90.58.550 and 1983 c 138 s 1 are each amended to read as follows:
     (1) Within this section the following definitions apply:
     (a) "Exploration activity" means reconnaissance or survey work related to gathering information about geologic features and formations underlying or adjacent to marine waters;
     (b) "Marine waters" include the waters of Puget Sound north to the Canadian border, the waters of the Strait of Juan de Fuca, the waters between the western boundary of the state and the ordinary high water mark, and related bays and estuaries;
     (c) "Vessel" includes ships, boats, barges, or any other floating craft.
     (2) A person desiring to perform oil or natural gas exploration activities by vessel located on or within marine waters of the state shall first obtain a permit from the department ((of ecology)). The department may approve an application for a permit only if it determines that the proposed activity will not:
     (a) Interfere materially with the normal public uses of the marine waters of the state;
     (b) Interfere with activities authorized by a permit issued under RCW 90.58.140(2);
     (c) Injure the marine biota, beds, or tidelands of the waters;
     (d) Violate water quality standards established by the department; ((or))
     (e) Create a public nuisance; or
     (f) Violate the provisions of RCW 43.143.010.
     (3) Decisions on an application under subsection (2) of this section are subject to review only by the pollution control hearings board under chapter 43.21B RCW.
     (4) This section does not apply to activities conducted by an agency of the United States or the state of Washington.
     (5) This section does not lessen, reduce, or modify RCW 90.58.160.
     (6) The department may adopt rules necessary to implement this section.
     (7) The attorney general shall enforce this section.