BILL REQ. #:  S-0512.3 

Read first time 02/04/13.   Referred to Committee on Energy, Environment & Telecommunications.

     AN ACT Relating to addressing ocean acidification by taking action on the recommendations of the governor's blue ribbon panel on ocean acidification; amending RCW 36.70A.110; adding a new chapter to Title 43 RCW; and recodifying RCW 43.143.005, 43.143.010, 43.143.020, 43.143.030, 43.143.900, 43.143.901, and 43.143.902.

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

NEW SECTION.  Sec. 1   The legislature finds that the levels of acidification in ocean waters, including Washington's coastal and Puget Sound waters, are increasing at an alarming rate, and that the increase in acidity in ocean waters is primarily human caused. Ocean acidification is caused both by increased absorption by seawater of carbon dioxide from the atmosphere and coastal and estuarine waters may be additionally affected by pollutants in runoff from land-based activities. Ocean acidification harms a broad spectrum of the marine ecosystem and is particularly harmful to organisms such as shellfish that are "calcifiers" and unable to form durable shells and other hard body parts in corrosive acidic water conditions. Mitigating ocean acidification is vital to maintaining the state's strong shellfish industry, which generates an estimated three thousand direct and indirect jobs and two hundred seventy million dollars annually to the state's economy.
     The legislature finds that the blue ribbon panel on ocean acidification, convened by governor Gregoire in 2012, has issued a report entitled "Ocean Acidification: From Knowledge to Action," which outlines several recommendations for strengthening the scientific monitoring, research, and analysis regarding the causes and trends in ocean acidification, and for taking action to confront this challenge. The purpose of this act is to ensure effective coordination of the programs and scientific research regarding ocean acidification and to provide policies and response tools to respond to the adverse impacts to the state's waters from localized sources of pollutant discharges.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Council" means the Washington marine resources protection council created in section 3 of this act.
     (2) "Ocean and Puget Sound" means all salt waters lying within the state to the ordinary high water mark. For the purposes of consultation and to the extent permissible under federal law, the term also includes those marine waters adjacent to the state and within the exclusive economic zone under the jurisdiction of the United States government.
     (3) "Panel" and "ocean acidification panel" means the ocean acidification blue ribbon panel commissioned by the governor, whose report and recommendations were provided to the governor in November 2012.

NEW SECTION.  Sec. 3   (1) The Washington marine resources protection council is created within the office of the governor.
     (2) The council shall be composed of:
     (a) The governor, or the governor's designee, who shall serve as the chair of the council;
     (b) The commissioner of public lands, or the commissioner's designee;
     (c) Two members of the senate, appointed by the president of the senate;
     (d) Two members of the house of representatives, appointed by the speaker of the house of representatives;
     (e) One representative of federally recognized Indian tribes with reservations lying within or partially within counties bordering the outer coast, if selected by action of all of the governing bodies of all federally recognized Indian tribes in such an area;
     (f) One representative of federally recognized Indian tribes with reservations lying within or partially within counties bordering Puget Sound, if selected by action of all of the governing bodies of all federally recognized Indian tribes in such an area;
     (g) One representative of ports marine navigation and transportation interests, appointed by the governor upon consultation with the Washington public ports association;
     (h) One representative of coastal counties and one representative of Puget Sound counties, appointed by the governor upon consultation with the Washington state association of counties;
     (i) One representative of coastal cities and one representative of Puget Sound cities, appointed by the governor upon consultation with the association of Washington cities;
     (j) One representative of marine commerce, appointed by the governor;
     (k) One representative of commercial fishing, appointed by the governor;
     (l) One representative of recreational fishing, appointed by the governor;
     (m) One representative of marine recreation and tourism, other than fishing, appointed by the governor;
     (n) The chair of the Washington coastal marine advisory committee established by the department of ecology;
     (o) The chair of the leadership council of the Puget Sound partnership;
     (p) The director of the department of ecology;
     (q) The director of the department of fish and wildlife; and
     (r) The chair of the Northwest Straits commission.
     (3) The governor shall make the initial appointments of the members under subsection (2)(g) through (m) of this section by September 1, 2013. The initial members appointed under subsection (2)(g) through (m) of this section must be appointed as follows:
     (a) Two of the members must be appointed for a term of two years;
     (b) Two of the members must be appointed for a term of three years; and
     (c) Three of the members must be appointed for a term of four years.
     (4) With the exception of the terms of the initial members, each member must be appointed for terms of four years, except that a person chosen to fill a vacancy must be appointed only for the unexpired term of the vacant position.
     (5) Any member appointed by the governor may be removed by the governor for cause.
     (6) Members whose terms expire continue to serve until reappointed or replaced by a new member.
     (7) A majority of the voting members of the council constitutes a quorum for the transaction of business.
     (8) Council decisions and actions require majority vote approval of all public members appointed under subsection (3) of this section.

NEW SECTION.  Sec. 4   (1) The council may enter interagency agreements with any state agency for the assignment of state employees on a temporary basis to assist the council in the performance of its functions.
     (2) The members of the council appointed pursuant to section 3(3) of this act may be reimbursed for expenses as a class one group pursuant to RCW 43.03.220.
     (3) The chair of the council shall schedule meetings and establish the agenda. The first meeting of the council must be scheduled by November 1, 2013. The council shall meet at least twice per calendar year. At each meeting the council shall afford an opportunity to the public to comment upon agenda items and other matters relating to the protection and conservation of the state's ocean resources.

NEW SECTION.  Sec. 5   The council shall have the following powers and duties:
     (1) To advise the governor on the adoption, implementation, and revision of policies relating to the protection and conservation of ocean resources;
     (2) To coordinate the implementation of measures to mitigate the impacts of ocean acidification pursuant to this act;
     (3) To advance the state's ocean and Puget Sound resources policies in national, regional, and west coast multistate forums;
     (4) To provide a forum for the public discussion of ocean and Puget Sound resources policies and programs; and
     (5) To perform other functions relating to the protection of ocean and Puget Sound resources as the governor or legislature may assign to the council.

NEW SECTION.  Sec. 6   The council may form such technical or scientific committees as it finds appropriate to aid the council in the performance of its powers and duties.

NEW SECTION.  Sec. 7   (1) The council shall coordinate actions among state agencies and local governments to implement the recommendations of the ocean acidification panel and other actions necessary to mitigate the impacts of increasing acidification in the state's ocean and Puget Sound waters.
     (2) Each state agency shall use its existing authorities to implement the panel's recommendations to the maximum extent practicable.

Sec. 8   RCW 36.70A.110 and 2010 c 211 s 1 are each amended to read as follows:
     (1) Each county that is required or chooses to plan under RCW 36.70A.040 shall designate an urban growth area or areas within which urban growth shall be encouraged and outside of which growth can occur only if it is not urban in nature. Each city that is located in such a county shall be included within an urban growth area. An urban growth area may include more than a single city. An urban growth area may include territory that is located outside of a city only if such territory already is characterized by urban growth whether or not the urban growth area includes a city, or is adjacent to territory already characterized by urban growth, or is a designated new fully contained community as defined by RCW 36.70A.350.
     (2) Based upon the growth management population projection made for the county by the office of financial management, the county and each city within the county shall include areas and densities sufficient to permit the urban growth that is projected to occur in the county or city for the succeeding twenty-year period, except for those urban growth areas contained totally within a national historical reserve. As part of this planning process, each city within the county must include areas sufficient to accommodate the broad range of needs and uses that will accompany the projected urban growth including, as appropriate, medical, governmental, institutional, commercial, service, retail, and other nonresidential uses.
     Each urban growth area shall permit urban densities and shall include greenbelt and open space areas. In the case of urban growth areas contained totally within a national historical reserve, the city may restrict densities, intensities, and forms of urban growth as determined to be necessary and appropriate to protect the physical, cultural, or historic integrity of the reserve. An urban growth area determination may include a reasonable land market supply factor and shall permit a range of urban densities and uses. In determining this market factor, cities and counties may consider local circumstances. Cities and counties have discretion in their comprehensive plans to make many choices about accommodating growth.
     Within one year of July 1, 1990, each county that as of June 1, 1991, was required or chose to plan under RCW 36.70A.040, shall begin consulting with each city located within its boundaries and each city shall propose the location of an urban growth area. Within sixty days of the date the county legislative authority of a county adopts its resolution of intention or of certification by the office of financial management, all other counties that are required or choose to plan under RCW 36.70A.040 shall begin this consultation with each city located within its boundaries. The county shall attempt to reach agreement with each city on the location of an urban growth area within which the city is located. If such an agreement is not reached with each city located within the urban growth area, the county shall justify in writing why it so designated the area an urban growth area. A city may object formally with the department over the designation of the urban growth area within which it is located. Where appropriate, the department shall attempt to resolve the conflicts, including the use of mediation services.
     (3) Urban growth should be located first in areas already characterized by urban growth that have adequate existing public facility and service capacities to serve such development, second in areas already characterized by urban growth that will be served adequately by a combination of both existing public facilities and services and any additional needed public facilities and services that are provided by either public or private sources, and third in the remaining portions of the urban growth areas. Urban growth may also be located in designated new fully contained communities as defined by RCW 36.70A.350.
     (4) In general, cities are the units of local government most appropriate to provide urban governmental services. In general, it is not appropriate that urban governmental services be extended to or expanded in rural areas except in those limited circumstances:
     (a) Shown to be necessary to protect basic public health and safety and the environment, including the reduction of acidifying runoff to marine waters when recommended by the department of ecology in consultation with the Washington marine resources protection council as a measure necessary to address the localized impacts to marine waters of ocean acidification; and
     (b) When such services are financially supportable at rural densities and do not permit urban development.
     (5) On or before October 1, 1993, each county that was initially required to plan under RCW 36.70A.040(1) shall adopt development regulations designating interim urban growth areas under this chapter. Within three years and three months of the date the county legislative authority of a county adopts its resolution of intention or of certification by the office of financial management, all other counties that are required or choose to plan under RCW 36.70A.040 shall adopt development regulations designating interim urban growth areas under this chapter. Adoption of the interim urban growth areas may only occur after public notice; public hearing; and compliance with the state environmental policy act, chapter 43.21C RCW, and under this section. Such action may be appealed to the growth management hearings board under RCW 36.70A.280. Final urban growth areas shall be adopted at the time of comprehensive plan adoption under this chapter.
     (6) Each county shall include designations of urban growth areas in its comprehensive plan.
     (7) An urban growth area designated in accordance with this section may include within its boundaries urban service areas or potential annexation areas designated for specific cities or towns within the county.
     (8)(a) Except as provided in (b) of this subsection, the expansion of an urban growth area is prohibited into the one hundred year floodplain of any river or river segment that: (i) Is located west of the crest of the Cascade mountains; and (ii) has a mean annual flow of one thousand or more cubic feet per second as determined by the department of ecology.
     (b) Subsection (8)(a) of this section does not apply to:
     (i) Urban growth areas that are fully contained within a floodplain and lack adjacent buildable areas outside the floodplain;
     (ii) Urban growth areas where expansions are precluded outside floodplains because:
     (A) Urban governmental services cannot be physically provided to serve areas outside the floodplain; or
     (B) Expansions outside the floodplain would require a river or estuary crossing to access the expansion; or
     (iii) Urban growth area expansions where:
     (A) Public facilities already exist within the floodplain and the expansion of an existing public facility is only possible on the land to be included in the urban growth area and located within the floodplain; or
     (B) Urban development already exists within a floodplain as of July 26, 2009, and is adjacent to, but outside of, the urban growth area, and the expansion of the urban growth area is necessary to include such urban development within the urban growth area; or
     (C) The land is owned by a jurisdiction planning under this chapter or the rights to the development of the land have been permanently extinguished, and the following criteria are met:
     (I) The permissible use of the land is limited to one of the following: Outdoor recreation; environmentally beneficial projects, including but not limited to habitat enhancement or environmental restoration; storm water facilities; flood control facilities; or underground conveyances; and
     (II) The development and use of such facilities or projects will not decrease flood storage, increase storm water runoff, discharge pollutants to fresh or salt waters during normal operations or floods, or increase hazards to people and property.
     (c) For the purposes of this subsection (8), "one hundred year floodplain" means the same as "special flood hazard area" as set forth in WAC 173-158-040 as it exists on July 26, 2009.

NEW SECTION.  Sec. 9   The council shall collaborate with the department of ecology in reviewing whether the state's surface water quality standards should be revised to include numeric standards for pollutants or parameters associated with ocean acidification. The council and the department of ecology may invite appropriate federal agencies, tribes and academic institutions to form a scientific work group to conduct the review and to pilot test the applicability of proposed standards.

NEW SECTION.  Sec. 10   Sections 1 through 7 and 9 of this act constitute a new chapter in Title 43 RCW.

NEW SECTION.  Sec. 11   RCW 43.143.005, 43.143.010, 43.143.020, 43.143.030, 43.143.900, 43.143.901, and 43.143.902 are each recodified as sections in the new chapter created in section 10 of this act.