Read first time 02/05/13.   Referred to Committee on Energy, Environment & Telecommunications.

     AN ACT Relating to establishing the Washington coastal marine advisory council and the Washington marine resources advisory council; amending RCW 43.372.070; adding new sections to chapter 43.143 RCW; creating a new section; and providing an expiration date.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 43.143 RCW to read as follows:
     (1) The Washington coastal marine advisory council is established in the executive office of the governor to fulfill the duties outlined in section 2 of this act.
     (2)(a) Voting members of the Washington coastal marine advisory council shall be appointed by the governor or the governor's designee. The council consists of the following voting members:
     (i) The governor or the governor's designee;
     (ii) The director or commissioner, or the director's or commissioner's designee, of the following agencies:
     (A) The department of ecology;
     (B) The department of natural resources;
     (C) The department of fish and wildlife;
     (D) The state parks and recreation commission;
     (E) The department of commerce; and
     (F) Washington sea grant;
     (iii) The following members of the Washington coastal marine advisory council established by the department of ecology and as existing on January 15, 2013:
     (A) One citizen from a coastal community;
     (B) Two persons representing coastal commercial fishing;
     (C) One representative from a coastal conservation group;
     (D) One representative from a coastal economic development group;
     (E) One representative from an educational institution;
     (F) Two representatives from energy industries or organizations, one of which must be from the coast;
     (G) One person representing coastal recreation;
     (H) One person representing coastal recreational fishing;
     (I) One person representing coastal shellfish aquaculture;
     (J) One representative from the coastal shipping industry;
     (K) One representative from a science organization;
     (L) One representative from the coastal Washington sustainable salmon partnership;
     (M) One representative from a coastal port; and
     (N) One representative from each outer coast marine resources committee, to be selected by the marine resources committee.
     (b) The Washington coastal marine advisory council shall adopt bylaws and operating procedures that may be modified from time to time by the council.
     (3) The Washington coastal marine advisory council may invite state, tribal, local governments, federal agencies, scientific experts, and others with responsibility for the study and management of coastal and ocean resources or regulation of coastal and ocean activities to designate a liaison to the council to attend council meetings, respond to council requests for technical and policy information, perform collaborative research, 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.
     (4) The chair of the Washington coastal marine advisory council must be nominated and elected by a majority of councilmembers. The term of the chair is one year, and the position is eligible for reelection. The agenda for each meeting must be developed as a collaborative process by councilmembers.
     (5) The term of office of each member appointed by the governor is four years. Members are eligible for reappointment.
     (6) The Washington coastal marine advisory council shall utilize a consensus approach to decision making. The council may put a decision to a vote among councilmembers, in the event that consensus cannot be reached. The council must include in its bylaws guidelines describing how consensus works and when a lack of consensus among councilmembers will trigger a vote.
     (7) Consistent with available resources, the Washington coastal marine advisory council may hire a neutral convener to assist in the performance of the council's duties, including but not limited to the dissemination of information to all parties, facilitating selected tasks as requested by the councilmembers, and facilitation of setting meeting agendas.
     (8) The department of ecology shall provide administrative and primary staff support for the Washington coastal marine advisory council.
     (9) The Washington coastal marine advisory council must meet at least twice each year or as needed.
     (10) A majority of the members of the Washington coastal marine advisory council constitutes a quorum for the transaction of business.

NEW SECTION.  Sec. 2   A new section is added to chapter 43.143 RCW to read as follows:
     (1) The duties of the Washington coastal marine advisory council established in section 1 of this act are to:
     (a) Serve as a forum for communication concerning coastal waters issues, including issues related to: Resource management; shellfish aquaculture; marine and coastal hazards; ocean energy; open ocean aquaculture; coastal waters research; education; and other coastal marine-related issues.
     (b) Serve as a point of contact for, and collaborate with, the federal government, regional entities, and other state governments regarding coastal waters issues.
     (c) Provide a forum to discuss coastal waters resource policy, planning, and management issues; provide either recommendations or modifications, or both, of principles, and, when appropriate, mediate disagreements.
     (d) Serve as an interagency resource to respond to issues facing coastal communities and coastal waters resources in a collaborative manner.
     (e) 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.
     (f) Provide recommendations to the governor, the legislature, and state and local agencies on specific coastal waters resource management issues, including:
     (i) Annual recommendations regarding coastal marine spatial planning expenditures and projects, including uses of the marine resources stewardship trust account created in RCW 43.372.070;
     (ii) Principles and standards required for emerging new coastal uses;
     (iii) Data gaps and opportunities for scientific research addressing coastal waters resource management issues;     
     (iv) Implementation of Washington's ocean action plan 2006;
     (v) Development and implementation of coast-wide goals and strategies, including marine spatial planning; and
     (vi) A coastal perspective regarding cross-boundary coastal issues.
     (2) In making recommendations under this section, the Washington coastal marine advisory council shall consider:
     (a) The principles and policies articulated in Washington's ocean action plan; and
     (b) The protection and preservation of existing sustainable uses for current and future generations, including economic stakeholders reliant on marine waters to stabilize the vitality of the coastal economy.

Sec. 3   RCW 43.372.070 and 2012 c 252 s 4 are each amended to read as follows:
     (1) The marine resources stewardship trust account is created in the state treasury. All receipts from income derived from the investment of amounts credited to the account, any grants, gifts, or donations to the state for the purposes of marine management planning, marine spatial planning, data compilation, research, or monitoring, and any appropriations made to the account must be deposited in the account. Moneys in the account may be spent only after appropriation.
     (2) Expenditures from the account may only be used for the purposes of marine management planning, marine spatial planning, research, monitoring, and implementation of the marine management plan.
     (3) Until July 1, 2016, expenditures from the account may only be used for the purposes of:
     (a) Conducting ecosystem assessment and mapping activities in marine waters consistent with RCW 43.372.040(6) (a) and (c), with a focus on assessment and mapping activities related to marine resource uses and developing potential economic opportunities;
     (b) Developing a marine management plan for the state's coastal waters as that term is defined in RCW 43.143.020; and
     (c) Coordination under the west coast governors' agreement on ocean health, entered into on September 18, 2006, and other regional planning efforts consistent with RCW 43.372.030.
     (4) Expenditures from the account on projects and activities relating to the state's coastal waters, as defined in RCW 43.143.020, must be made, to the maximum extent possible, consistent with the recommendations of the Washington coastal marine advisory council as provided in section 2 of this act. If expenditures relating to coastal waters are made in a manner that differs substantially from the Washington coastal marine advisory council's recommendations, the responsible agency receiving the appropriation shall provide the council and appropriate committees of the legislature with a written explanation.

NEW SECTION.  Sec. 4   (1) The Washington marine resources advisory council is created within the office of the governor.
     (2) The Washington marine resources advisory council is 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, one from each of the two largest caucuses in the senate;
     (d) Two members of the house of representatives, appointed by the speaker of the house of representatives, one from each of the two largest caucuses in 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 each of the following sectors, appointed by the governor:
     (i) Commercial fishing;
     (ii) Recreational fishing;
     (iii) Marine recreation and tourism, other than fishing;
     (iv) Coastal shellfish growers;
     (v) Puget Sound shellfish growers;
     (vi) Marine businesses; and
     (vii) Conservation organizations;
     (h) The chair of the Washington state conservation commission, or the chair's designee;
     (i) One representative appointed by the largest statewide general agricultural association;
     (j) One representative appointed by the largest statewide business association;
     (k) The chair of the Washington coastal marine advisory council;
     (l) The chair of the leadership council of the Puget Sound partnership;
     (m) The director of the department of ecology;
     (n) The director of the department of fish and wildlife; and
     (o) The chair of the Northwest Straits commission.
     (3) The governor shall invite the participation of the following entities as nonvoting members:
     (a) The national oceanic and atmospheric administration; and
     (b) Academic institutions conducting scientific research on ocean acidification.
     (4) The governor shall make the appointments of the members under subsection (2)(g) of this section by September 1, 2013.
     (5) Any member appointed by the governor may be removed by the governor for cause.
     (6) A majority of the voting members of the Washington marine resources advisory council constitute a quorum for the transaction of business.
     (7) The chair of the Washington marine resources advisory 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.
     (8) The Washington marine resources advisory council shall have the following powers and duties:
     (a) To maintain a sustainable coordinated focus, including the involvement of and the collaboration among all levels of government and nongovernmental entities, the private sector, and citizens by increasing the state's ability to work to address impacts of ocean acidification;
     (b) To advise and work with the University of Washington and others to conduct ongoing technical analysis on the effects and sources of ocean acidification. The recommendations must identify a range of actions necessary to implement the recommendations and take into consideration the differences between instate impacts and sources and out-of-state impacts and sources;
     (c) To deliver recommendations to the governor and appropriate committees in the Washington state senate and house of representatives that must include, as necessary, any minority reports requested by a councilmember;
     (d) To seek public and private funding resources necessary, and the commitment of other resources, for ongoing technical analysis to support the council's recommendations; and
     (e) To assist in conducting public education activities regarding the impacts of and contributions to ocean acidification and regarding implementation strategies to support the actions adopted by the legislature.
     (9) This section expires June 30, 2017.