SENATE BILL REPORT

SB 5584

BYSenators Sutherland, Owen and DeJarnatt; by request of Joint Select Committee on Marine and Ocean Resources

Enacting the ocean natural resources management act.

Senate Committee on Environment & Natural Resources

Senate Hearing Date(s):February 7, 1989

Senate Staff:John Korvell (786-7473)

AS OF FEBRUARY 2, 1989

BACKGROUND:

The ocean seafloor and resources off Washington's coast are owned by the state from extreme low tide seaward three miles, and by the federal government seaward from three miles to 200 miles.  There are at present few statewide regulations, guidelines or policies for the use or development of Washington's coastal resources.  While the Shoreline Management Act of 1971 (SMA) and various other laws could potentially be used to regulate coastal resources, local coastal governments have done little to address coastal resource management through their shoreline management programs or under those other laws.

The federally owned waters off Washington's coast are governed by many federal laws and agencies.  Of immediate concern to the state of Washington is the Mineral Management Service (MMS), which is responsible for the development of mineral and other resources within federally owned ocean waters.  The MMS is authorized to lease ocean areas for purposes of exploration, development, and extraction of mineral resources.  For oil and gas leases, MMS is required under the Outer Continental Shelf Lands Act (OCSLA) to do this by developing five-year lease plans.

The MMS's current five-year lease plan provides for a lease sale of ocean areas off the coasts of Washington and Oregon in April of 1992.  As preliminary steps to the sale itself, MMS will request statements of interest from the oil industry in 1989 and will identify the sale area in 1990.

Under the OCSLA, the Secretary of the Interior must consider recommendations from an adjacent state's governor concerning the size, location, and timing of a proposed lease sale.  The federal Coastal Zone Management Act (CZMA) and current case law do not provide for any state input in deciding when or whether a lease sale should be held, nor in deciding what areas will be included in the lease sale.  The CZMA does, however, provide for some state input after the lease sale.  The CZMA directs that federal agencies conduct and support activities directly affecting the coastal zone in a manner which is, to the maximum extent practicable, consistent with approved state management programs.  It also provides that any applicant for a federal license to conduct an activity affecting land or water uses in the coastal zone of a state must provide a state-approved certification of consistency with that state's management program.  This requirement of certification also applies to any plans for exploration or development of, or production from, any area which has been leased under the OCSLA.

The approved state management program consists of the adjacent state's "coastal authorities," laws and regulations that have been approved by the Secretary of Commerce.  At present, the approved coastal authorities for Washington include the SMA and county and city master programs, certain environmental laws, and the energy facilities-site locations act.

Because of this system, any exploration, development, or production activities conducted or permitted by MMS must be consistent with the above section of Washington law.  There is, however, dispute as to what is meant by "consistent" and as to the extent to which actions must be consistent.

In 1987, due to concern over the upcoming lease sale, the Legislature and Governor Gardner took several actions.  The Governor wrote to the Department of Interior suggesting that the lease sale may need to be delayed, and stating that he does not support leasing north of the 47th parallel or within 12 miles of Gray's Harbor, Willapa Bay, and Columbia River estuaries.  Further, several committees were formed and/or asked to conduct studies on aspects of the proposed lease sale.  These groups included the Joint Select Committee on Marine and Ocean Resources, the University of Washington Sea Grant program, and several task forces.

Finally, if the 1992 lease sale is held, oil is found, and production takes place, the oil could be shipped from the production platforms to locations within the state by pipeline.  Under Washington's current system, pipeline of different diameters and lengths would be regulated under different statutes and by different agencies.

This bill was developed by the Joint Select Committee on Marine and Ocean Resources.

SUMMARY:

Legislative policies regarding coastal water off Washington are adopted.  These policies will guide the decision-making process for the management, conservation, use, or development of natural resources in Washington's coastal waters.  Among these policies are:  promotion and enhancement of the beneficial use of Washington's coastal resources while protecting coastal and ocean ecosystems and their ability to support marine life; acting state participation in federal ocean resource decisions; participation by ocean users in governmental decision making concerning ocean uses and specific projects.

Planning and project review criteria are established.  These set the minimum standards which must be met before the state may support any activities that are likely to have an adverse impact on marine life, fishing, aquaculture, recreation, navigation, air or water quality, or other existing ocean or coastal uses.  The criteria include:  a demonstrated significant need for the activity; no feasible or prudent alternative to the activity; minimization of adverse impacts; no likely long-term irreparable impacts to coastal or ocean resources or uses; compensation for short-term, reparable adverse impacts; plans and performance bonding to ensure site rehabilitation; compliance with all applicable local, state, and federal laws and regulations.

An ocean resources task force headed by the Department of Ecology and composed of people from state and local governments, Indian tribes, and industry is established.  This task force will prepare recommendations for use by local governments in amending their shoreline master programs; prepare recommendations to local, state, and federal governments regarding use, conservation, and management matters; develop and implement an educational program; and recommend further studies and actions.  $550,000 is appropriated for the task force.

Local governments are directed to review and amend their shoreline master programs to ensure that they conform with the policies and intent of this bill.  $100,000 is appropriated for this process.

The Shoreline Management Act is amended to direct the Department of Ecology to consult with affected state agencies, local governments, Indian tribes, and the public prior to responding to federal coastal zone management consistency certifications.

The energy facilities-site locations act is amended to expand EFSEC's jurisdiction to include all pipelines and petroleum processing facilities that transport or utilize oil or gas from production offshore Washington.

The Joint Select Committee on Marine and Ocean Resources is extended until June 30, 1992.

Appropriation:    unspecified

Revenue:    none

Fiscal Note:      requested January 27, 1989