AN ACT Relating to the Puget Sound water quality authority; amending RCW 70.146.070, 79.90.550, 90.48.260, 90.70.001, 90.70.005, 90.70.011, 90.70.025, 90.70.035, 90.70.045, 90.70.055, 90.70.060, 90.70.070, 90.70.080, and 90.70.900; adding a new section to chapter 43.21A RCW; and creating new sections.

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

Sec. 1. Section 10, chapter 3, Laws of 1986 and RCW 70.146.070 are each amended to read as follows:

When making grants or loans for water pollution control facilities, the department shall consider the following:

(1) The protection of water quality and public health;

(2) The cost to residential ratepayers if they had to finance water pollution control facilities without state assistance;

(3) Actions required under federal and state permits and compliance orders;

(4) The level of local fiscal effort by residential ratepayers since 1972 in financing water pollution control facilities;

(5) The extent to which the applicant county or city, or if the applicant is another public body, the extent to which the county or city in which the applicant public body is located, has established programs to mitigate nonpoint pollution of the surface or subterranean water sought to be protected by the water pollution control facility named in the application for state assistance; and

(6) The recommendations of the Puget Sound water quality ((~~authority~~)) advisory board and any other board, council, commission, or group established by the legislature or a state agency to study water pollution control issues in the state.

Sec. 2. Section 1, chapter 259, Laws of 1987 and RCW 79.90.550 are each amended to read as follows:

The legislature finds that the department of natural resources provides, manages, and monitors aquatic land disposal sites on state-owned aquatic lands for materials dredged from rivers, harbors, and shipping lanes. These disposal sites are approved through a cooperative planning process by the departments of natural resources and ecology, the United States corps of engineers, and the United States environmental protection agency in cooperation with the Puget Sound water quality ((~~authority~~)) advisory board. These disposal sites are essential to the commerce and well being of the citizens of the state of Washington. Management and environmental monitoring of these sites are necessary to protect environmental quality and to assure appropriate use of state-owned aquatic lands. The creation of an aquatic land dredged material disposal site account is a reasonable means to enable and facilitate proper management and environmental monitoring of these disposal sites.

Sec. 3. Section 24, chapter 13, Laws of 1967 as last amended by section 1, chapter 220, Laws of 1988 and RCW 90.48.260 are each amended to read as follows:

The department of ecology is hereby designated as the State Water Pollution Control Agency for all purposes of the federal clean water act as it exists on February 4, 1987, and is hereby authorized to participate fully in the programs of the act as well as to take all action necessary to secure to the state the benefits and to meet the requirements of that act. With regard to the national estuary program established by section 320 of that act, the department shall exercise its responsibility jointly with the Puget Sound water quality ((~~authority~~)) advisory board. The powers granted herein include, among others, and notwithstanding any other provisions of chapter 90.48 RCW or otherwise, the following:

(1) Complete authority to establish and administer a comprehensive state point source waste discharge or pollution discharge elimination permit program which will enable the department to qualify for full participation in any national waste discharge or pollution discharge elimination permit system and will allow the department to be the sole agency issuing permits required by such national system operating in the state of Washington subject to the provisions of RCW 90.48.262(2). Program elements authorized herein may include, but are not limited to: (a) Effluent treatment and limitation requirements together with timing requirements related thereto; (b) applicable receiving water quality standards requirements; (c) requirements of standards of performance for new sources; (d) pretreatment requirements; (e) termination and modification of permits for cause; (f) requirements for public notices and opportunities for public hearings; (g) appropriate relationships with the secretary of the army in the administration of his responsibilities which relate to anchorage and navigation, with the administrator of the environmental protection agency in the performance of his duties, and with other governmental officials under the federal clean water act; (h) requirements for inspection, monitoring, entry, and reporting; (i) enforcement of the program through penalties, emergency powers, and criminal sanctions; (j) a continuing planning process; and (k) user charges.

(2) The power to establish and administer state programs in a manner which will insure the procurement of moneys, whether in the form of grants, loans, or otherwise; to assist in the construction, operation, and maintenance of various water pollution control facilities and works; and the administering of various state water pollution control management, regulatory, and enforcement programs.

(3) The power to develop and implement appropriate programs pertaining to continuing planning processes, area-wide waste treatment management plans, and basin planning.

The governor shall have authority to perform those actions required of him or her by the federal clean water act.

Sec. 4. Section 1, chapter 451, Laws of 1985 and RCW 90.70.001 are each amended to read as follows:

The legislature finds that Puget Sound and related inland marine waterways of Washington state represent a unique and unparalleled resource. A rich and varied range of marine organisms, composing an interdependent, sensitive communal ecosystem reside in these sheltered waters. Residents of this region enjoy a way of life centered around the waters of Puget Sound, featuring accessible recreational opportunities, world-class port facilities and water transportation systems, harvest of marine food resources, shoreline-oriented life styles, water-dependent industries, tourism, irreplaceable aesthetics and other activities, all of which to some degree depend upon a clean and healthy marine resource.

The legislature further finds that the consequences of careless husbanding of this resource have been dramatically illustrated in inland waterways associated with older and more extensively developed areas of the nation. Recent reports concerning degradation of water quality within this region's urban embayments raise alarming possibilities of similar despoliation of Puget Sound and other state waterways. These examples emphasize that the costs of restoration of aquatic resources, where such restoration is possible, greatly exceed the costs of responsible preservation.

The legislature declares that utilization of the Puget Sound resource carries a custodial obligation for preserving it. The people of the state have the unique opportunity to preserve this gift of nature, an understanding of the results of inattentive stewardship, the technical knowledge needed for control of degradation, and the obligation to undertake such control.

The legislature further finds that the large number of governmental entities that now affect the water quality of Puget Sound have diverse interests and limited jurisdictions which cannot adequately address the cumulative, wide-ranging impacts which contribute to the degradation of Puget Sound. It is therefore the policy of the state of Washington to create a single entity ((~~with adequate resources to develop~~)) within the department of ecology to advise the department in its development of a comprehensive plan for water quality protection in Puget Sound to be implemented by existing state and local government agencies.

Sec. 5. Section 2, chapter 451, Laws of 1985 and RCW 90.70.005 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:

(1) "((~~Authority~~)) Board" means the Puget Sound water quality ((~~authority~~)) advisory board.

(2) "Chair" means the presiding officer of the Puget Sound water quality ((~~authority~~)) board.

(3) "Plan" means the Puget Sound water quality management plan.

(4) "Puget Sound" means all salt waters of the state of Washington inside the international boundary line between the state of Washington and the province of British Columbia, lying east of one hundred twenty-three degrees, twenty-four minutes west longitude.

(5) "Department" means the department of ecology.

Sec. 6. Section 3, chapter 451, Laws of 1985 and RCW 90.70.011 are each amended to read as follows:

(1) There is established the Puget Sound water quality ((~~authority~~)) advisory board composed of ((~~seven~~)) five members who are appointed by the governor and confirmed by the senate. The governor shall select one of the ((~~seven~~)) five members to act as chair of the ((~~authority~~)) board and be presiding officer of the ((~~authority~~)) board. In making these appointments, the governor shall seek to include representation of the variety of interested parties concerned about Puget Sound water quality. The commissioner of public lands and the director of ecology shall serve as ex officio, nonvoting members of the ((~~authority~~)) board. The ((~~six~~)) four appointed members((~~, one from each of the six congressional districts~~)) from the area surrounding Puget Sound, shall serve four-year terms. Of the initial members appointed to the ((~~authority~~)) board, two shall serve for two years, ((~~two~~)) one shall serve for three years, and ((~~two~~)) one shall serve for four years. Thereafter members shall be appointed to four-year terms. Vacancies shall be filled by appointment for the remainder of the unexpired term of the position being vacated. The chair of the ((~~authority~~)) board shall serve at the pleasure of the governor.

(2) The voting members, exclusive of the chair, shall be compensated as provided in RCW 43.03.250. The voting members shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

(3) The chair of the ((~~authority~~)) board shall be ((~~a full time employee~~)) responsible for the administration of ((~~all~~)) the functions of the ((~~authority, including hiring and terminating staff, contracting~~)) board, advising the department on issues relating to Puget Sound water quality, verifying the status of ongoing projects, coordinating with the governor, the legislature, and other state and local entities, and the delegation of responsibilities as deemed appropriate. ((~~The salary of the chair shall be fixed by the governor, subject to RCW 43.03.040.~~))

(4) The chair shall prepare a budget and a work plan which are subject to review and approval by the ((~~authority~~)) board.

Sec. 7. Section 5, chapter 451, Laws of 1985 and RCW 90.70.025 are each amended to read as follows:

In order to carry out its responsibilities under this chapter, the ((~~authority~~)) board may:

(1) Advise the department when requested, on issues relating to Puget Sound water quality;

(2) Develop interim proposals and recommendations, before the plan is adopted, concerning the elements identified in RCW 90.70.060;

((~~(2) Enter into, amend, and terminate contracts with individuals, corporations, or research institutions for the purposes of this chapter;~~

(3) Receive such gifts, grants, and endowments, in trust or otherwise, for the use and benefit of the purposes of the authority. The authority may expend the same or any income therefrom according to the terms of the gifts, grants, or endowments;

~~(4) Conduct~~)) (3) Recommend to the department studies and research relating to Puget Sound water quality;

((~~(5)~~)) (4) Obtain information relating to Puget Sound from other state and local agencies; and

((~~(6)~~)) (5) Conduct appropriate public hearings and otherwise seek to broadly disseminate information concerning Puget Sound((;

~~(7) Receive funding from other public agencies;~~

~~(8) Prepare a biennial budget request for consideration by the governor and the legislature; and~~

~~(9) Adopt rules under chapter 34.04 RCW as it deems necessary for the purposes of this chapter~~)).

Sec. 8. Section 6, chapter 451, Laws of 1985 and RCW 90.70.035 are each amended to read as follows:

(1) The ((~~authority~~)) board shall appoint one or more advisory committees to assist in the development of the plan. In making these appointments, the ((~~authority~~)) board shall seek to include representation of all interested parties, including local governments, environmental and health agencies, tribal organizations, business, labor, citizens' groups such as environmental and public interest organizations, agricultural interests, recreational interests, and the fisheries and shellfish industries.

(2) The advisory committee or committees shall assist the ((~~authority~~)) board to formulate policy goals and strategies, review the plan and make recommendations for its amendment to the ((~~authority~~)) department, review the ((~~authority's~~)) department's reports, and review the ((~~authority's~~)) board's budget request proposals.

Sec. 9. Section 7, chapter 451, Laws of 1985 as amended by section 72, chapter 36, Laws of 1988 and RCW 90.70.045 are each amended to read as follows:

(1) The chair ((~~shall hire~~)) may request staff ((~~for the authority~~)) assistance from the department for the board. In so doing, the chair shall recognize the many continuing planning and research activities concerning Puget Sound water quality and shall seek to acquire competent and knowledgeable staff from state, federal, and local government agencies that are currently involved in these activities.

(2) As deemed appropriate, the ((~~chair~~)) department may request the state departments of ((~~ecology,~~)) community development, fisheries, wildlife, agriculture, natural resources, and social and health services to ((~~each assign at least one employee~~)) provide staff assistance to the ((~~authority~~)) board. The ((~~chair~~)) department shall enter into an interagency agreement with agencies ((~~assigning employees~~)) providing staff assistance to the ((~~authority~~)) board. Such agreement shall provide for reimbursement, by the ((~~authority~~)) department to the assigning agency, of all work-related expenditures associated with the assignment of the employees. During the term of their assignment, the ((~~chair~~)) department shall have full authority and responsibility for the activities of these employees.

(3) The ((~~chair~~)) department shall seek assignment of appropriate federal and local government employees under available means.

Sec. 10. Section 4, chapter 451, Laws of 1985 and RCW 90.70.055 are each amended to read as follows:

The ((~~authority~~)) department shall:

(1) Prepare and adopt a comprehensive Puget Sound water quality management plan, as defined in RCW 90.70.060. In preparing the plan and any substantial revisions to the plan, the ((~~authority~~)) department shall consult the Puget Sound water quality advisory board and with its advisory committee or committees and appropriate federal, state, and local agencies. The ((~~authority~~)) department shall also solicit extensive participation by the public by whatever means it finds appropriate, including public hearings throughout communities bordering or near Puget Sound, dissemination of information through the news media, public notices, and mailing lists, and the organization of workshops, conferences, and seminars;

(2) During the plan's initial development and any subsequent revisions, submit quarterly progress reports to the governor and the legislature.

(3) Submit the plan to the governor and the legislature no later than January 1, 1987. The ((~~authority~~)) department shall review the plan at least every two years and revise the plan, as deemed appropriate;

(4) Prepare, in consultation with the board, a biennial "state of the Sound" report and submit such report to the governor, the legislature, and the state agencies and local governments identified in the plan. Copies of the report shall be made available to the public. The report shall describe the current condition of water quality and related resources in Puget Sound and shall include:

(a) The status and condition of the resources of Puget Sound, including the results of ecological monitoring, including an assessment of the economic value of Puget Sound;

(b) Current and foreseeable trends in water quality of Puget Sound and the management of its resources;

(c) Review of significant public and private activities affecting Puget Sound and an assessment of whether such activities are consistent with the plan; and

(d) Recommendations to the governor, the legislature, and appropriate state and local agencies for actions needed to remedy any deficiencies in current policies, plans, programs, or activities relating to the water quality of Puget Sound, and recommendations concerning changes necessary to protect and improve Puget Sound water quality; and

(5) Review the budgets and regulatory and enforcement activities of state agencies with responsibilities for water quality and related resources in Puget Sound.

Sec. 11. Section 8, chapter 451, Laws of 1985 and RCW 90.70.060 are each amended to read as follows:

The plan adopted by the ((~~authority~~)) department shall be a positive document prescribing the needed actions for the maintenance and enhancement of Puget Sound water quality. The plan shall address all the waters of Puget Sound, the Strait of Juan de Fuca, and, to the extent that they affect water quality in Puget Sound, all waters flowing into Puget Sound, and adjacent lands. The ((~~authority~~)) department may define specific geographic boundaries within which the plan applies. The plan shall coordinate and incorporate existing planning and research efforts of state agencies and local government related to Puget Sound, and shall avoid duplication of existing efforts. The plan shall include:

(1) A statement of the goals and objectives for long and short-term management of the water quality of Puget Sound;

(2) A resource assessment which identifies critically sensitive areas, key characteristics, and other factors which lead to an understanding of Puget Sound as an ecosystem;

(3) Demographic information and assessment as relates to future water quality impacts on Puget Sound;

(4) An identification and legal analysis of all existing laws governing actions of government entities which may affect water quality management of Puget Sound, the interrelationships of those laws, and the effect of those laws on implementation of the provisions of the plan;

(5) Review and assessment of existing criteria and guidelines for governmental activities affecting Puget Sound's resources, including shoreline resources, aquatic resources, associated watersheds, recreational resources and commercial resources;

(6) Identification of research needs and priorities;

(7) Recommendations for guidelines, standards, and timetables for protection and clean-up activities and the establishment of priorities for major clean-up investments and nonpoint source management, and the projected costs of such priorities;

(8) A procedure assuring local government initiated planning for Puget Sound water quality protection;

(9) Ways to better coordinate federal, state, and local planning and management activities affecting Puget Sound's water quality;

(10) Public involvement strategies, including household hazardous waste education, community clean-up efforts, and public participation in developing and implementing the plan;

(11) Recommendations on protecting, preserving and, where possible, restoring wetlands and wildlife habitat and shellfish beds throughout Puget Sound;

(12) Recommendations for a comprehensive water quality and sediment monitoring program;

(13) ((~~Analysis of current industrial pretreatment programs for toxic wastes, and procedures and enforcement measures needed to enhance them;~~

~~(14) Recommendations for a program of dredge spoil disposal, including interim measures for disposal and storage of dredge spoil material from or into Puget Sound;~~

~~(15)~~)) Definition of major public actions subject to review and comment by the ((~~authority~~)) board because of a significant impact on Puget Sound water quality and related resources, and development of criteria for review thereof;

((~~(16)~~)) (14) Recommendations for implementation mechanisms to be used by state and local government agencies; and

((~~(17) Standards and procedures for reporting progress by state and local governments in the implementation of the plan;~~

~~(19) An analysis of resource requirements and funding mechanisms for updating of the plan and plan implementation; and~~

~~(20)~~)) (15) Legislation needed to assure plan implementation.

The ((~~authority~~)) board shall circulate and receive comments on drafts of the plan mandated herein, and keep a record of all relevant comments made at public hearings and in writing. These records should be made easily available to interested persons.

Sec. 12. Section 9, chapter 451, Laws of 1985 and RCW 90.70.070 are each amended to read as follows:

(1) ((~~In conducting planning, regulatory, and appeals actions,~~)) The state agencies and local governments identified in the plan must evaluate, and incorporate as applicable, the provisions of the plan, including any guidelines, standards, and timetables contained in the plan.

(2) The ((~~authority~~)) department shall review the progress of state agencies and local governments regarding the timely implementation of the plan. Where prescribed actions have not been accomplished in accordance with the plan, the responsible state agencies and local governments shall, at the request of the ((~~authority~~)) department, submit written explanations for the shortfalls, together with their proposed remedies, to the ((~~authority~~)) department.

The results of the review and a description of the actions necessary to comply with the plan shall be included in the biennial state of the Sound report.

(3) The state agencies and local governments identified in the plan shall review their activities biennially and document their consistency with the plan. They shall submit written reports or updates of their findings to the ((~~authority~~)) department.

(4) The ((~~authority~~)) department shall review the major actions affected by the plan being considered by the state agencies and local governments and shall comment in a timely manner regarding consistency with the plan and may participate in administrative and subsequent judicial proceedings with respect to such actions. Any deviations from the plan, identified by the ((~~authority~~)) department, shall be transmitted in writing by the ((~~authority~~)) department to the responsible state agency or local government.

Sec. 13. Section 10, chapter 451, Laws of 1985 and RCW 90.70.080 are each amended to read as follows:

(1) To implement this chapter, state agencies are authorized to adopt rules that are applicable to actions and activities on a less than state-wide geographic basis. State agencies are encouraged to adopt rules that protect Puget Sound water quality before the adoption of the plan by the ((~~authority~~)) board.

(2) To implement this chapter, counties, cities, and towns are authorized to adopt ordinances, rules, and regulations that are applicable on less than a county-wide, city-wide, or town-wide basis. Counties, cities, and towns are encouraged to adopt ordinances, rules, and regulations that protect Puget Sound water quality before the adoption of the plan by the ((~~authority~~)) board.

Sec. 14. Section 6, chapter 243, Laws of 1983 as amended by section 11, chapter 451, Laws of 1985 and RCW 90.70.900 are each amended to read as follows:

The Puget Sound water quality ((~~authority~~)) advisory board shall cease to exist and this chapter shall expire on June 30, ((~~1991~~)) 1994.

NEW SECTION. Sec. 15. The Puget Sound water quality authority is hereby renamed the Puget Sound water quality advisory board and the board is hereby transferred to the department of ecology.

NEW SECTION. Sec. 16. All reports, documents, surveys, books, records, files, papers, or written material in the possession of the Puget Sound water quality authority shall be delivered to the custody of the department of ecology to be used by the Puget Sound water quality board. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the Puget Sound water quality authority shall be made available to the department of ecology to be used by the Puget Sound water quality board. All funds, credits, or other assets held by the Puget Sound water quality authority shall be assigned to the department of ecology to be used for the purposes of this act.

Any appropriations made to the Puget Sound water quality authority shall, on the effective date of this section, be transferred and credited to the department of ecology for the purposes of this act.

Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

NEW SECTION. Sec. 17. All employees of the Puget Sound water quality authority are transferred to the jurisdiction of the department of ecology. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of ecology to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

NEW SECTION. Sec. 18. All rules and all pending business before the Puget Sound water quality authority shall be continued and acted upon by the department of ecology in consultation with the Puget Sound water quality advisory board. All existing contracts and obligations shall remain in full force and shall be performed by the department of ecology.

NEW SECTION. Sec. 19. The transfer of the powers, duties, functions, and personnel of the Puget Sound water quality authority shall not affect the validity of any act performed prior to the effective date of this section.

NEW SECTION. Sec. 20. If apportionments of budgeted funds are required because of the transfers directed by sections 16 through 19 of this act, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

NEW SECTION. Sec. 21. Nothing contained in sections 15 through 20 of this act may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel board as provided by law.

NEW SECTION. Sec. 22. A new section is added to chapter 43.21A RCW to read as follows:

The director, in consultation with the Puget Sound water quality advisory board, is responsible for the administration and enforcement of Puget Sound water quality programs.