BILL REQ. #: S-3776.2
State of Washington | 62nd Legislature | 2012 Regular Session |
Read first time 01/16/12. Referred to Committee on Environment.
AN ACT Relating to improving water quality to support shellfish resources; amending RCW 43.21A.130; and creating new sections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature finds that shellfish are
critical to the health of Washington's marine waters and the state's
economy. Shellfish aquaculture and commercial and tribal harvest of
wild shellfish resources are water-dependent uses that rely on
excellent water quality. Therefore, it is the purpose of this act to
require a report on the progress of implementing elements of the
governor's shellfish initiative as they relate to improving water
quality and to authorize the department of ecology to analyze and
implement, where appropriate, pollutant credit and trading mechanisms
as an element of water clean-up plans for impaired water bodies
supporting shellfish resources.
Sec. 2 RCW 43.21A.130 and 2002 c 364 s 1 are each amended to read
as follows:
(1) In addition to any other powers granted the director, the
director may undertake studies dealing with all aspects of
environmental problems involving land, water, or air((;)). However, in
the absence of specific legislative authority, such studies shall be
limited to investigations of particular problems, and shall not be
implemented by positive action.
(2)(a) Any studies conducted by the department to establish the
total maximum daily load of a water body under chapter 90.48 RCW must
involve meaningful participation and opportunities to comment by the
local watershed planning group established in chapter 90.82 RCW, the
local governments whose jurisdictions are within the affected
watershed, and any affected or concerned citizen who notifies the
department of his or her interest in participating. Technical or
procedural disputes or disagreements that arise during the
participation and comment process may be presented to the director for
review. The director shall conduct a review of the disputed items and
issue written findings and conclusions to all interested participants.
(b) If a study conducted on the total maximum daily load of a water
body may affect a new or renewed national pollution discharge
elimination permit under chapter 90.48 RCW, the department must
disclose prior to the finalization of the study the precision and
accuracy of data collected, computer models developed, and assumptions
used.
(3) The department shall cooperate with other federal, state, and
academic entities conducting research upon and evaluating the potential
for mitigating water pollution in impaired water bodies through natural
treatment methods. If determined appropriate and feasible, the
department may implement pollutant credit and trading mechanisms as an
element of a water body clean-up plan, including but not limited to
implementing a nitrogen credit system using shellfish for pollution
reduction.
NEW SECTION. Sec. 3 (1) Consistent with RCW 43.01.036, the
department of ecology must submit a report to the appropriate standing
committees of the senate and house of representatives by December 1,
2012, that includes:
(a) A progress report on the review by the Washington sea grant of
the scientific basis for management decisions to balance competing land
use interests, environmental protection, and coastal development needs;
(b) A progress report on the pilot projects and the model
permitting program established as part of the Washington shellfish
initiative and whether the permitting program is providing the
necessary habitat protection, including whether conflicts with
adjoining shoreline owners and other marine water users are being
minimized;
(c) A progress report on the work by local governments to create
sustainable pollution identification and correction programs, including
the efforts of local health departments to remedy on-site sewage system
problems;
(d) An update on the pollution action team and its efforts to
improve water quality protections; and
(e) The evaluation to date by the department of ecology of the
potential for implementing pollutant trading and credit mechanisms
pursuant to RCW 43.21A.130(3).
(2) The definitions in this subsection apply throughout this
section unless the context clearly requires otherwise.
(a) "Pollution action team" means a team formed with staff from the
United States environmental protection agency, the department of
ecology, the department of health, and the department of agriculture
designed to respond quickly when water quality problems are identified
that threaten shellfish areas, initially focusing on Drayton Harbor and
Portage Bay.
(b) "Washington shellfish initiative" means the agreement among
federal and state governments, tribes, and the shellfish industry to
restore and expand Washington's shellfish resources to promote clean
water industries and create family wage jobs.