FINAL BILL REPORT

ESB 5603

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

C 318 L 13

Synopsis as Enacted

Brief Description: Establishing the Washington coastal marine advisory council and the Washington marine resources advisory council.

Sponsors: Senators Hatfield, Kohl-Welles, Shin and Ranker.

Senate Committee on Energy, Environment & Telecommunications

Senate Committee on Ways & Means

House Committee on Environment

House Committee on Appropriations Subcommittee on General Government

Background: Washington Coastal Marine Advisory Council (WCMAC). In 2011, the Department of Ecology (Ecology) established WCMAC, a stakeholder group that provides Ecology with a local, coastal perspective when implementing the state's coastal and ocean policy. Representatives serve three-year terms and may be reappointed. Funding to support a neutral convener and logistics for WCMAC is secured through June 30, 2013.

2012 Legislation and Governor's Veto. In 2012, the Legislature passed 2SSB 6263, which among other things, created a Washington State Coastal Solutions Council within the Office of the Governor. The council consisted of the voting members of WCMAC, as it existed on December 2011, with additional nonvoting state agency representation. The Governor vetoed the provisions creating the Washington State Coastal Solutions Council, explaining that it was unclear how the council would exercise its duties in relation to the agencies with jurisdiction over marine and coastal issues, and questioning the accountability of an autonomous body that determines its own membership.

Marine Resources Stewardship Trust Account. The Marine Resources Stewardship Trust Account is used for marine management planning, marine spatial planning, research, monitoring, implementation of the state's marine management plan, and for the restoration or enhancement of marine habitat or resources. The projected fund balance is $982,000 as of December 2012.

Washington State Blue Ribbon Panel (Panel) on Ocean Acidification. Former Governor Gregoire convened the Panel on Ocean Acidification in February 2012, and charged it with developing recommendations to address ocean acidification by reviewing the current scientific knowledge. The Panel issued a report in November 2012, which outlined a strategy to reduce and respond to ocean acidification.

Funding to Implement the Ocean Acidification Strategy. Former Governor Gregoire submitted a proposed 2013-15 budget that would provide $3.31 million to the University of Washington (UW), Ecology, and the Department of Natural Resources to begin implementing the Panel's recommendations.

Summary: Establishing WCMAC in Statute. WCMAC is created in statute, housed in the Governor's Office, with the Governor appointing voting representatives from the groups represented by WCMAC on January 15, 2013. In addition, voting representatives from the following offices or departments are added to WCMAC: Governor, Ecology, Natural Resources, Fish & Wildlife, Parks, and Commerce. Representatives serve four-year terms.

WCMAC must serve as a forum for communication concerning coastal waters issues, such as resource management, fisheries, shellfish aquaculture, and ocean energy. It must also provide recommendations on a variety of specific coastal management and funding issues. WCMAC must adopt bylaws and operating procedures. It may hire a neutral convener to assist with facilitation, agendas, and other WCMAC duties, consistent with available resources, although Ecology must provide primary staff and administrative support to WCMAC.

Funding WCMAC. State expenditures from the Marine Resources Stewardship Trust Account on projects and activities relating to the state's coastal waters must be made, to the maximum extent possible, consistent with WCMAC’s recommendations. If they are not, the responsible agency receiving the appropriation must provide WCMAC and appropriate legislative committees a written explanation.

Creating the Washington Marine Resources Protection Advisory Council (Council). The Council is created within the Office of the Governor, with specified membership that includes legislators. Among other things, the Council's duties are to advise and work with UW and others to conduct ongoing technical analysis on the effects and sources of ocean acidification. The Council expires June 30, 2017.

Votes on Final Passage:

Senate

40

9

House

82

14

Effective:

July 28, 2013.