BILL REQ. #:  S-1259.1 

Read first time 02/08/11.   Referred to Committee on Natural Resources & Marine Waters.

     AN ACT Relating to consolidating the Puget Sound partnership into the Washington state conservation commission; adding new sections to chapter 89.08 RCW; adding a new section to chapter 90.71 RCW; creating new sections; and providing an effective date.

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

NEW SECTION.  Sec. 1   The legislature finds that the mission of the Washington state conservation commission is: To provide for the conservation of the renewable resources of this state; for the control and prevention of soil erosion; for the prevention of flood water and sediment damages; and for furthering agricultural and nonagricultural phases of conservation, development, utilization, and disposal of water, and thereby to preserve natural resources, control floods, prevent impairment of dams and reservoirs, assist in maintaining navigability of rivers and harbors, preserve wildlife, protect the tax bases, protect public lands, and protect and promote the health, safety, and general welfare of the people of this state. The legislature further finds that the state conservation commission is an efficient agency that delivers on-the-ground improvements with low overhead costs, modest staffing demands, and in a timely fashion. The legislature finds that a consolidation of the Puget Sound partnership into the Washington state conservation commission would be beneficial to the citizens of the state by providing opportunities to increase state government efficiency and improve the protection and conservation of Puget Sound. Therefore, it is the intent of the legislature to transfer the duties and personnel of the Puget Sound partnership to the Washington state conservation commission.

NEW SECTION.  Sec. 2   A new section is added to chapter 89.08 RCW to read as follows:
     (1) On July 1, 2012, the Washington state conservation commission assumes the authority and responsibility to enforce the provisions of chapter 90.71 RCW and the rules adopted thereunder.
     (2) On July 1, 2012, all Puget Sound partnership personnel are transferred to and become employees of the Washington state conservation commission.

NEW SECTION.  Sec. 3   A new section is added to chapter 90.71 RCW to read as follows:
     (1) All Puget Sound partnership personnel are employed, supervised, and controlled by the Washington state conservation commission.
     (2) All references to the executive director or the council in this chapter means the Washington state conservation commission.

NEW SECTION.  Sec. 4   A new section is added to chapter 89.08 RCW to read as follows:
     (1) The Puget Sound partnership is hereby abolished and its powers, duties, and functions are hereby transferred to the Washington state conservation commission. All references to the executive director or the Puget Sound partnership in the Revised Code of Washington shall be construed to mean the chair or the Washington state conservation commission.
     (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the Puget Sound partnership shall be delivered to the custody of the Washington state conservation commission. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the Puget Sound partnership shall be made available to the Washington state conservation commission. All funds, credits, or other assets held by the Puget Sound partnership shall be assigned to the Washington state conservation commission.
     (b) Any appropriations made to the Puget Sound partnership shall, on the effective date of this section, be transferred and credited to the Washington state conservation commission.
     (c) 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 employees of the Puget Sound partnership are transferred to the jurisdiction of the Washington state conservation commission. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the Washington state conservation commission to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.
     (4) All rules and all pending business before the Puget Sound partnership shall be continued and acted upon by the Washington state conservation commission. All existing contracts and obligations shall remain in full force and shall be performed by the Washington state conservation commission.
     (5) The transfer of the powers, duties, functions, and personnel of the Puget Sound partnership shall not affect the validity of any act performed before the effective date of this section.
     (6) 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.
     (7) 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 personnel resources board as provided by law.

NEW SECTION.  Sec. 5   (1) The Washington state conservation commission must:
     (a) Establish a transition plan for the orderly implementation of this act, including: Addressing personnel issues relating to the transfer and facilitating the transfer of property and equipment, records, contracts, and funding from the Puget Sound partnership to the Washington state conservation commission. The Washington state conservation commission must consult with the Puget Sound partnership, department of personnel, and office of financial management in developing the transition plan; and
     (b) Present recommendations to the legislature, in the form of draft legislation, regarding any statutory changes necessary to implement this act.
     (2) The transition plan and recommendations required by subsection (1) of this section must be presented to the appropriate committees of the legislature by November 1, 2011.

NEW SECTION.  Sec. 6   Sections 2 through 4 of this act take effect July 1, 2012.