SENATE BILL REPORT
SB 6211
BYSenators Metcalf, Talmadge and Rinehart
Continuing the Puget Sound Water Quality Authority.
Senate Committee on Environment & Natural Resources
Senate Hearing Date(s):January 11, 1990; January 29, 1990
Majority Report: That Substitute Senate Bill No. 6211 be substituted therefor, and the substitute bill do pass.
Signed by Senators Metcalf, Chairman; Barr, Benitz, DeJarnatt, Kreidler.
Senate Staff:Gary Wilburn (786-7453)
January 31, 1990
AS REPORTED BY COMMITTEE ON ENVIRONMENT & NATURAL RESOURCES, JANUARY 29, 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.
SUMMARY:
The Authority will consist of twelve members, ten appointed by the Governor, in addition to the Ecology director and the Commissioner of Public Lands serving ex officio as voting members. Three of the members will represent counties, cities and Indian tribes.
The Authority's duty to report to the Governor and Legislature on plan progress is extended from a quarterly report to an annual report. The Authority will prepare a strategy for implementing the plan that includes priority setting, an assessment of implementation capabilities and constraints, and an analysis of strategic options. The omnibus appropriations act will separately identify plan element funding to the extent practicable.
State and local agencies must incorporate plan elements into their planning, regulatory and appeals actions, subject to appropriated funds or other funding sources. If lack of funding prevents full implementation, agencies are to use their bests efforts to implement the plan in a timely manner. Agencies are to use their existing authorities in taking actions which incorporate or implement plan elements. The Authority shall include a review of state and local implementation as part of the "State of the Sound" report, and, in addition, may report to the Legislature and Governor at any time regarding agency actions that are inconsistent with the plan.
A rule implementing a plan element shall identify the geographic area to which it applies. In determining whether to adopt the rule statewide or less than statewide, the agency will consider specified factors.
The Authority shall ensure implementation of the ambient monitoring program by developing baselines and examining differences among Puget Sound areas, taking measurements relating to plan elements, and other specified activities. An interagency coordinating committee may be formed to implement the program. State agencies with monitoring responsibilities are directed to participate in the program.
Before adoption of the plan or a plan revision, the Authority shall publish a summary in the State Register and allow public comment on the proposal. If a substantial modification is made to the proposal the Authority must publish the modification and reopen public comment.
The existing Authority termination date is deleted.
EFFECT OF PROPOSED SUBSTITUTE:
The Authority is composed of 11 members. A member representing business interests and a member who is a marine scientist must be included on the Authority. The position of executive director of the Authority is created, a full-time employee appointed by the Authority. The plan is mandatory subject to funds or funding sources applicable to water quality programs. An agency adopting a rule to implement the plan must designate the area within Puget Sound to which it applies. It is clarified that plan implementation is the responsibility of agencies identified in the plan, and the Authority does not enforce the plan except as provided by statute. The Authority is authorized to form a nonprofit foundation to coordinate Puget Sound research and education activities. The Authority termination date is extended from 1991 to 1997.
Appropriation: none
Revenue: none
Fiscal Note: requested January 9, 1990
Senate Committee - Testified: Collin Sprague, AWB; Randy Ray, Washington Wheat Growers; Bruce Wishart, Sierra Club; Dwain Colby, Island County; Barry Jenkins, Trout Unlimited; Steve Robinson, NW Indian Fisheries Commission; Lisa Jones, Puget Sound Alliance; Elizabeth Tabbutt, WEC; Paul Wiseman, The Mountaineers