BILL REQ. #:  H-0360.2 

Read first time 01/21/13.   Referred to Committee on Environment.

     AN ACT Relating to the creation of a storm water compliance pilot project; and adding a new section to chapter 90.48 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 90.48 RCW to read as follows:
     (1) The department shall conduct a municipal storm water control pilot project within its existing authority to issue alternative compliance plans to evaluate the net environmental effects of an alternative approach to municipal storm water management and determine if alternative approaches can satisfy the water quality requirements of the state and federal clean water acts and have merit for greater statewide application. The pilot project must be designed to meet the following objectives:
     (a) Add to the existing best available science base regarding storm water management; and
     (b) Address the existing paradoxical roadblock to accomplishing superior environmental outcomes at lower costs created by an interpretation of the clean water act that limits the allowance of alternative compliance plans to instances when science supports the desired outcome, but that prohibits the alternative projects required to collect the necessary scientific data from being implemented.
     (2) In conducting the pilot project required by this section, the department must design an alternative approach to managing municipal storm water that will serve in lieu of a standard phase I municipal storm water permit as required by this chapter. The basis of the alternative approach must include the premise that new development in the pilot project area manages storm water to the existing condition with the pilot project partner agreeing to mitigate the impacts of new development and redevelopment projects through capital improvements.
     (3) The terms negotiated for the pilot project serve as the only required municipal storm water permitting for the participants to the pilot project and is ratified and approved by the legislature as a valid permit for compliance with this chapter.
     (4) The department must work closely in developing the alternative approach with the pilot partner. That partner must be chosen by the department and must be a county subject to phase I storm water permitting that has, prior to January 1, 2010, received a notice of violation for noncompliance with municipal storm water permitting. The department is excused of any obligations under this section if no eligible pilot partner is willing to participate.
     (5) The department and the other participants to the pilot project are responsible for monitoring the effects on regional water quality of the alternative compliance mechanisms comprising the pilot project. The metrics and scope of the monitoring must be developed by the department in a manner that best delivers information relevant to the objectives of the pilot project.
     (6) At the conclusion of the pilot project, the department must deliver a report to the legislature consistent with RCW 43.01.036 that summarizes the data collected under subsection (5) of this section and makes recommendations as to whether the alternative compliance approach had a beneficial effect on water quality in the pilot region, whether a similar alternative compliance approach has applicability in other jurisdictions, and whether the term of the pilot project should be extended.
     (7) This section is to be implemented under the existing authority of the department to issue alternative compliance plans for storm water management. Nothing in this section conveys new or additional authority on the department.