BILL REQ. #:  S-3868.2 

Read first time 01/18/10.   Referred to Committee on Natural Resources, Ocean & Recreation.

     AN ACT Relating to extending the Washington biodiversity council; adding new sections to chapter 43.131 RCW; and adding a new chapter to Title 79A RCW.

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

NEW SECTION.  Sec. 1   (1) The legislature finds that:
     (a) Biodiversity is essential to Washington residents' health and to our economic and cultural future. Washington's diverse ecosystems are the foundation of our vital natural resource economies that produce food, fiber, fuel, building materials, and medicines. Our ecosystems make Washington a desirable place to live, recreate, and establish new enterprises and they provide services such as flood control, water purification, crop pollination, and carbon storage to reduce the effects of climate change. Sustaining our biodiversity can keep us healthy in the face of change.
     (b) As our population continues to increase, Washington is experiencing a dramatic decline in native biodiversity due to habitat fragmentation, degradation, and conversion to other land uses. Threats to species and critical ecosystems have resulted in endangered species listings and the spread of invasive species, which can disrupt natural processes, our communities, and long-term resource management.
     (c) The state biodiversity council, a successful public-private partnership created by Executive Order 04-02, has provided consistent leadership in sustaining Washington's biodiversity since 2004.
     (d) The state biodiversity council has developed a science-based biodiversity conservation strategy that holds great promise for incorporating biodiversity within a multitude of programs including: Land use planning; voluntary landowner conservation incentives and assistance programs; and a host of existing federal, state, and local conservation funding programs. The council developed the strategy collaboratively with stakeholders and took into account the needs of communities and working landowners.
     (e) State agencies and nongovernmental organizations have contributed to the state biodiversity council's work with existing staff, financial contributions, and other resources.
     (f) The state has much to gain from implementing the strategy, but effective implementation will require a guiding entity.
     (2) Therefore, it is the intent of the legislature to extend the Washington biodiversity council to sustain leadership in conserving the state's ecosystems and natural heritage.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Biodiversity" means the variety of different plants, animals, and microorganisms and the ecosystems and processes they form.
     (2) "Council" means the Washington biodiversity council created in section 3 of this act.
     (3) "Scorecard" means a group of environmental indicators that are developed by the council to measure and report the progress toward biodiversity conservation goals.
     (4) "Strategy" means any biodiversity conservation strategy or strategies developed or implemented by the council.

NEW SECTION.  Sec. 3   (1) The Washington biodiversity council is created to provide ongoing leadership, coordination, and accountability in the development and implementation of science-based strategies to guide effective conservation of the state's biodiversity.
     (2) The council is a public-private partnership consisting of no more than twenty-four members appointed by the governor in compliance with (a) and (b) of this subsection:
     (a) One-half of the members appointed by the governor must represent nongovernmental entities including private landowners, conservation organizations, business interests, educators, and the general public; and
     (b) One-half of the members appointed by the governor must represent governmental entities including tribes, the department of fish and wildlife, the department of ecology, the department of natural resources, the Puget Sound partnership, the state parks and recreation commission, the department of transportation, the conservation commission, the department of community, trade, and economic development, local governments, and federal agencies.
     (3) Councilmembers must be appointed for terms of four years.
     (4) Members whose terms expire shall continue to serve until reappointed or replaced by a new member.
     (5) The council may develop governance policies and procedures.
     (6) The recreation and conservation office shall administer all staff, grants, contracts, and expenses for the council.
     (7) Members of the council shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

NEW SECTION.  Sec. 4   (1) The council shall work to promote biodiversity conservation, explain its vital importance in Washington's economy and our quality of life, and encourage citizens to advance the stewardship of our natural heritage for future generations.
     (2) The primary duties of the council include:
     (a) Leading the development, implementation, and adaptive management of biodiversity conservation strategies;
     (b) Conducting outreach and education on biodiversity and its importance to our quality of life;
     (c) Serving as a convener to coordinate and advance collaborative approaches;
     (d) Promoting efficiencies, innovation, and developing integrated approaches to conservation by coordinating:
     (i) The work of agencies and other organizations working to implement biodiversity conservation strategies;
     (ii) Agency budget requests that affect biodiversity conservation; and
     (iii) The integration of conservation activities between agencies and other organizations;
     (e) Measuring and reporting progress through a statewide biodiversity scorecard;
     (f) Ensuring accountability for biodiversity strategy implementation.
     (3) The council may establish a science advisory panel to ensure that council decisions and strategies are based on sound science.
     (4) The council may establish working groups as needed to create more coordinated and cohesive approaches to biodiversity conservation.
     (5) The council may take actions to create a private nonprofit corporation that would assist the council in implementing biodiversity strategies by raising money or other resources or by performing other activities consistent with council strategies.

NEW SECTION.  Sec. 5   (1) The state agencies named in section 3(2)(b) of this act shall:
     (a) Participate on the council;
     (b) Integrate biodiversity conservation strategy implementation into the agencies' goals, objectives, land acquisition strategies, and conservation and education program work plans;
     (c) Ensure that appropriate staff participate in any scientific advisory panel and working groups established by the council;
     (d) Create biodiversity conservation efficiencies by integrating state conservation efforts across agencies and jurisdictions consistent with council strategies;
     (e) Work collaboratively with the councilmembers to implement strategies; and
     (f) Provide access to disclosable data as needed for biodiversity scorecards and other reports.
     (2) The council shall work with the Washington state conservation commission established under RCW 89.08.030 on how to utilize the strong statewide network of conservation districts and landowners to promote and implement the council's landowner incentive and assistance strategy, public education strategy, and other pertinent strategies.

NEW SECTION.  Sec. 6   Beginning January 1, 2011, and every two years thereafter, the council shall provide the legislature and the governor with a report on strategy implementation, progress of efforts to integrate conservation efforts across agencies, and the biennial biodiversity scorecard.

NEW SECTION.  Sec. 7   A new section is added to chapter 43.131 RCW to read as follows:
     The Washington biodiversity council and its powers and duties shall be terminated August 1, 2015, as provided in section 8 of this act.

NEW SECTION.  Sec. 8   A new section is added to chapter 43.131 RCW to read as follows:
     The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective August 1, 2016:
     (1) Section 1 of this act;
     (2) Section 2 of this act;
     (3) Section 3 of this act;
     (4) Section 4 of this act;
     (5) Section 5 of this act; and
     (6) Section 6 of this act.

NEW SECTION.  Sec. 9   Sections 1 through 6 of this act constitute a new chapter in Title 79A RCW.