SENATE BILL REPORT
ESHB 2482
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
Senate Hearing Date(s):February 20, 1990; February 21, 1990
Majority Report: Do pass.
Signed by Senators Amondson, Vice Chairman; Barr, Benitz, DeJarnatt, Kreidler, Owen, Sutherland.
Senate Staff:Gary Wilburn (786-7114)
February 27, 1990
AS REPORTED BY COMMITTEE ON ENVIRONMENT & NATURAL RESOURCES, FEBRUARY 21, 1990
BACKGROUND:
The Puget Sound Water Quality Authority was created in 1985 following the submission of a report in 1984 by a predecessor agency of the same name, which identified a lack of coordination among agencies as a major obstacle to restoring and maintaining the quality of Puget Sound waters. The reconstituted 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 serve as ex officio nonvoting members. A member is to be appointed from each congressional district bordering Puget Sound. The chair of the Authority is appointed by the Governor from among the members, and also serves as a full-time director of the Authority staff.
The principal responsibilities of the Authority are: (1) the adoption by 1987 of a comprehensive water quality management plan for Puget Sound, which includes 19 statutorily-specified elements; (2) preparation of a biennial "State of the Sound" report; (3) review of the budgets and regulatory activities of state agencies with Puget Sound water quality responsibilities; (4) review of the progress in implementing the comprehensive plan by state and local agencies; and (5) review of and participation in major actions of state and local agencies which affect the plan's implementation.
The comprehensive plan is required to be a "positive document prescribing the needed actions" for protecting Puget Sound water quality. The Legislature also directed that state and local agencies must incorporate applicable provisions of the plan into their conduct of planning, regulatory and appeals functions.
The plan was adopted by the Authority on schedule and revised in 1988 pursuant to the two-year review cycle required by statute. The plan addresses subjects such as nonpoint source pollution, shellfish protection, municipal and industrial discharges, contaminated sediments, wetlands protection, spill prevention and response, monitoring, research, public education, and others. Each plan element identifies the responsible implementing agency or agencies, deadlines, estimated costs of implementation, and potential funding sources. Regarding plan responsibilities of state agencies, the Authority's practice has been to revise the plan as necessary to reflect actual appropriated funding levels.
In addition to development of the plan, the Authority has undertaken plan-related activities, such as: (1) adoption of rules establishing procedures for development of watershed management plans by local governments and others; (2) award of Public Information and Education (PIE) grants; and (3) obtaining designation of Puget Sound as an "Estuary of National Significance", making plan activities eligible for additional federal funding.
Under existing law the Authority and all laws relating to its responsibilities expire on June 30, 1991.
In the fall of 1989, the Legislative Budget Committee and a Governor-created advisory group 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 find that the Authority is fulfilling its statutory mandate and that the Authority should be continued, given some structural and operational changes.
SUMMARY:
The number of voting members on the Authority is increased to 11 from seven. The Governor is to appoint two new members. The director of the Department of Ecology and the Commissioner of Public Lands, previously nonvoting members, become voting members. The director of Ecology becomes 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. The executive director may not be a member of the Authority. The executive director and staff of the Authority are 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 funds are appropriated or available. The Governor's budget document must identify all direct expenditures to implement the plan.
A rule implementing a plan element shall identify the geographic area to which it applies. In determining whether to adopt a rule statewide or less than statewide, the agency must consider specified factors.
A public nonprofit 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 by developing baselines, examining differences among Puget Sound areas, and other specified activities. An interagency coordinating committee may be formed to implement the program; state agencies with monitoring responsibilities 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 at that time.
Appropriation: none
Revenue: none
Fiscal Note: available
Senate Committee - Testified: Representative G. Fisher, original prime sponsor; Representative Hine; Les Eldridge, Authority member; Fred Hellberg, Governor's office; Rollie Schmitten, Governor's task force; Barney Goltz, Governor's task force; Ralph Latts, North Mason Planning Group; Stan Biles, DNR; Ralph Mackey, Snohomish County; Kathleen Collins, Association of Washington Cities; Dave Fluharty; Elizabeth Tabbutt, Washington Environmental Council; Bruce Wishart, Sierra Club; Ed Thorpe, Coalition for Clean Water; Collins Sprague, Association of Washington Business; Kimberly Ordin, Tulalip Tribes; Frank D'Amore, Bruce Marston, Wild Olympic Salmon; Randy Sutt, Washington State Association of Counties