BILL REQ. #:  S-3591.1 

Read first time 01/13/12.   Referred to Committee on Energy, Natural Resources & Marine Waters.

     AN ACT Relating to the ocean policy advisory council; amending RCW 43.143.020; adding new sections to chapter 43.143 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The Pacific Ocean and its many resources are of environmental, economic, aesthetic, recreational, social, and historic importance to the people of Washington. Washington's coastal areas and ocean waters also face significant challenges, including the preservation of water quality, fish populations, and fish and wildlife habitat, and the utilization of opportunities offered by new sustainable use activities. The fluid, dynamic nature of the ocean currents, atmospheric winds, and marine fish and wildlife across state and national borders and the multijurisdictional reach of many users of the coast and sea complicate policymaking and actions to address these challenges. In an effort to address these complications, preserve ocean resources, and implement laws that cross local, state, and international boundaries, the legislature intends to promote coordinated, interagency action.

NEW SECTION.  Sec. 2   (1) The ocean policy advisory council is established in the executive office of the governor. The council is composed of the following nonvoting members:
     (a) The governor or the governor's designee;
     (b) The director or commissioner, or the director's or commissioner's designee, of the following agencies:
     (i) The department of ecology;
     (ii) The department of natural resources;
     (iii) The department of fish and wildlife;
     (iv) The state parks and recreation commission; and
     (v) The department of commerce;
     (c) The council is composed of the following voting members:
     (i) A member of each of the governing bodies of the coastal counties, to be appointed by a majority of the members of the governing body of the respective county;
     (ii) An elected city official from a city located near the coastal waters to be appointed by the governor;
     (iii) A tribal representative from each of the tribes located on the coast bordering the coastal waters, if the tribe chooses to participate;
     (iv) An elected official from a port district located near the coastal waters to be appointed by the governor;
     (v) A representative from a conservation or environmental organization to be appointed by the governor;
     (vi) A representative from each outer coast marine resources committee, to be appointed by the marine resources committee;
     (vii) A representative from a commercial fishing association, to be appointed by the governor; and
     (viii) When the issue before the council directly affects either Wahkiakum or San Juan county, as determined by a majority vote of the council, the council will also include either a member of the governing body of Wahkiakum or San Juan county, or both, to be appointed by the majority of the members of the governing bodies of the respective county.
     (2) The council may invite federal agencies with responsibility for the study and management of ocean resources or regulation of ocean activities to designate a liaison to the council to attend council meetings, respond to council requests for technical and policy information, and review any draft materials prepared by the council. The council may also invite representatives from other coastal states or Canadian provinces to participate when appropriate as nonvoting members.
     (3) A state agency representative identified under subsection (1)(b)(i) through (iv) of this section shall serve as the chair of the council. The term of the chair is one year. The first chair of the council is the representative from the department of ecology, whose term begins on the effective date of this section. At the expiration of each chair's term, the chair shall rotate to the next agency listed under subsection (1)(b) of this section. The chair shall schedule meetings and set meeting agendas for the council.
     (4) The department of ecology shall provide administrative and staff support for the board.
     (5) The council shall meet at least twice each year.
     (6) A majority of the voting members of the council constitutes a quorum for the transaction of business.
     (7) The term of office of each member appointed by the governor, or the governing body of a county, is four years. Members are eligible for reappointment.

NEW SECTION.  Sec. 3   The council's duties are to:
     (1) Serve as a forum for communication in order to seek consistency of state, local, and tribal policies concerning ocean issues, including issues relating to resource management, marine and coastal hazards, ocean energy, and ocean research and education issues;
     (2) Serve as a point of contact for, and collaborate with, the federal government, regional entities, and other state governments, regarding ocean issues;
     (3) Provide a forum to discuss ocean resource policy, planning, and management issues, and when appropriate, mediate disagreements;
     (4) Serve as an interagency resource to respond to issues facing coastal communities and ocean resources in a collaborative manner;
     (5) Identify and pursue public and private funding opportunities for the programs and activities of the council, and for relevant programs and activities of member entities; and
     (6) Provide policy recommendations to the governor, the legislature, and state and local agencies on specific ocean resource management issues.

NEW SECTION.  Sec. 4   (1) The council may establish project review panels to address and coordinate the interest of federal, state, and local governments in specific development proposals.
     (2) The council may adopt guidelines to establish criteria to create review panels and determine the scope of the activities of the panel.
     (3) A panel does not have any authority independent of the council. The authority of any panel consists only of that granted to it by the council.

Sec. 5   RCW 43.143.020 and 1989 1st ex.s. c 2 s 10 are each amended to read as follows:
     ((Unless the context clearly requires otherwise,)) The definitions in this section apply throughout this chapter((:)) unless the context clearly requires otherwise.
     (1) "Coastal counties" means Clallam, Jefferson, Grays Harbor, and Pacific counties.
     (2) "Coastal waters" means the waters of the Pacific Ocean seaward from Cape Flattery south to Cape Disappointment, from mean high tide seaward two hundred miles.
     (3) "Council" means the ocean policy advisory council created in section 2 of this act.

NEW SECTION.  Sec. 6   Sections 2 through 4 of this act are each added to chapter 43.143 RCW.