FINAL BILL REPORT

SHB 2482

                                  C 115 L 90

BYHouse Committee on Environmental Affairs (originally sponsored by Representatives G. Fisher, Miller, Rust, Holland, Wineberry and May; by request of Governor Gardner)

Restructuring the Puget Sound Water Quality Authority.

House Committe on Environmental Affairs

Senate Committee on Environment & Natural Resources

SYNOPSIS AS ENACTED

BACKGROUND:

The Puget Sound Water Quality Authority (authority) was created in 1985 following the submission of a report identifying a lack of coordination among agencies as a major obstacle to restoring and maintaining the quality of Puget Sound waters.

The authority is composed of seven citizen members, appointed by the governor and subject to Senate confirmation.  The director of the Department of Ecology and the commissioner of Public Lands are non-voting members.  The chair of the authority, appointed by the governor from among the members, also serves as a full-time director of the authority's staff.

The principal responsibilities of the authority are:  preparation and adoption of a comprehensive water quality management plan for Puget Sound; preparation of a biennial "State of the Sound" report; review of the budgets and regulatory activities of state agencies with Puget Sound water quality responsibilities; review of state and local agencies' progress in implementing the comprehensive plan; and review of and participation in major actions of state and local agencies that affect the plan's implementation.

Under existing law, the authority and its responsibilities expire on June 30, 1991.

In the fall of 1989, the Legislative Budget Committee and an advisory group created by the governor conducted independent reviews of the authority to determine if the authority should continue, and if so, in what form.  The findings and recommendations of the Legislative Budget Committee and the governor's advisory group are very similar.  Both entities concluded that the authority is fulfilling its statutory mandate and that the authority should be continued with some structural and operational changes.

SUMMARY:

The number of voting members on the authority is increased from seven to 11.  The governor is to appoint two new members.  The director of the Department of Ecology and the commissioner of Public Lands, previously non-voting members, are voting members.  The director of Ecology is the chair of the authority.

The governor must appoint an executive director to the authority. The executive director is to handle the staffing and administrative functions previously held by the chair.  The executive director may not be a member of the authority.  The authority remains an independent agency and is to be relocated to Olympia as space becomes available.  At such time, the Department of General Administration must house the authority's staff with the Department of Ecology.

The authority must submit progress reports on plan implementation and revisions to the governor and Legislature on an annual, rather than quarterly, basis.  The authority must review its plan every four years instead of every two years.  The authority's plan must include a strategy for implementing the plan.

State agencies and local governments must implement the plan if appropriated funds or other fund sources are available.  The governor's budget document must identify all direct expenditures to implement the plan.

Prior to adopting rules to implement an element of the plan, agencies must consider specified factors and ensure the participation of interested persons of all geographic areas affected by the proposed rule.

A public non-profit corporation to be known as the Puget Sound Foundation is created.  The foundation will be a state entity authorized to collect private money for the purpose of funding Puget Sound related education and research.  The foundation will host an annual meeting focusing on issues relating to implementing the authority's plan.

The authority is required to implement an ambient monitoring program that includes developing baseline data, examining differences among Puget Sound areas, and other specified activities.  An interagency coordinating committee may be formed to implement the monitoring program.  State agencies identified in the authority's plan must participate in the program.

Before adoption of the plan or a plan revision, the authority is required to publish a summary in the State Register and allow public comment.  If a substantial modification is made to the proposal, the authority must publish the modification and reopen public comment.

The termination date of the authority is extended to June 30, 1995.  The authority will undergo a formal sunset review prior to that time.  The termination date does not affect the authority's plan nor the implementation of the plan.

VOTES ON FINAL PASSAGE:

      House 95   3

      Senate    33    15 (Senate amended)

      House 94   2 (House concurred)

EFFECTIVE:June 7, 1990