AN ACT Relating to the management of ocean and coastal resources; amending RCW 80.50.020; adding a new chapter to Title 43 RCW; adding new sections to chapter 90.58 RCW; creating a new section; and making appropriations.

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

NEW SECTION. Sec. 1. TITLE. This chapter may be known and cited as the ocean natural resources management act of 1989.

NEW SECTION. Sec. 2. LEGISLATIVE FINDINGS. (1) Washington's coastal waters and seabed are rich in renewable and nonrenewable natural resources, and serve as a marine highway for world commerce. In addition, the coastline is renowned for its beauty and ruggedness, and millions of visitors a year travel to the coast to recreate on its beaches. The waters and seabed also provide a living marine laboratory important for an understanding of Washington's environment.

(2) The economies of coastal counties, communities, and Indian reservations are largely dependent on these coastal resources. Fishing, aquaculture, tourism, and marine transportation provide a vital source of employment for coastal residents. Offshore mineral extraction and oil and gas production also have the potential of creating additional sources of income and jobs for coastal residents. In addition, potential new and beneficial uses of Washington's offshore resources are possible, such as expanded use of marine resources for food and drugs, for energy production from nonhydrocarbon sources, and for transportation and communication.

(3) While development of ocean resources can provide social and economic benefits, it can result in adverse environmental and social costs. Also, conflicts can occur between resource users, and between the resource users and the resources themselves. Often, measures can be taken to minimize or eliminate these adverse impacts and conflicts. However, in some areas and during some time periods, uses may pose unacceptable environmental or social costs or be incompatible with other ocean uses.

(4) The state of Washington has primary jurisdiction over the management of coastal and ocean natural resources within three miles of its coastline. From three miles seaward to the boundary of the two-hundred mile exclusive economic zone, the United States federal government has primary jurisdiction. Since development, conservation, and protection of the natural resources in the exclusive economic zone directly affects Washington's economy and environment, the state has an inherent interest in how these resources are managed.

NEW SECTION. Sec. 3. LEGISLATIVE POLICY AND INTENT. (1) It is the intent of the legislature to promote and enhance the beneficial use of Washington's coastal resources to meet important human needs. In utilizing these coastal resources, however, the state must protect coastal and ocean ecosystems and their ability to support marine life, especially marine life upon which Washington's renewable resource industries depend.

(2) When governmental entities plan for the use of Washington's ocean resources and make decisions regarding specific projects or activities, affected ocean users and other governmental managers shall be provided an opportunity to participate in the decision-making process. In addition, the state of Washington shall strive to provide predictability in its resource management decisions. Further, the state shall respond to specific proposals for projects and activities in a timely manner. When resource decisions of state agencies and local governments are hampered by a lack of information, the agency or local government shall identify the specific information needed, and assist the applicant or ocean user, to the extent possible, in obtaining the information.

(3) All reasonable measures shall be taken to minimize conflicts among ocean users and reduce adverse impacts on ocean resources. When conflicts are unavoidable, a priority shall be given to resource uses that provide the greatest net environmental, social, and economic benefits over time.

(4) Research intended to increase understanding and knowledge of ocean resources and their benefits to the state's citizens and the nation is to be strongly encouraged, as is research into methods to more fully and efficiently utilize the ocean's resources.

(5) The state shall actively participate in federal ocean resource decisions to ensure that resource uses in the exclusive economic zone beyond the state's boundary benefit Washington's citizens and do not adversely impact coastal resources important to the state's citizens.

(6) It is not the intent of the legislature to duplicate, override, or replace management structures currently in place to protect and manage offshore resources. It is the intent of the legislature to provide policy guidance for uses and clarify how conflicts between ocean uses will be resolved.

NEW SECTION. Sec. 4. DEFINITIONS. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:

(1) "Coastal counties" means Clallam, Jefferson, Grays Harbor, and Pacific counties.

(2) "Coastal waters" means the waters of the Pacific Ocean seaward from Cape Flattery south to Cape Disappointment, from mean high tide seaward two hundred miles.

NEW SECTION. Sec. 5. PLANNING AND PROJECT REVIEW CRITERIA. (1) When the state of Washington and local governments develop plans for the management, conservation, use, or development of natural resources in Washington's coastal waters, and when specific development projects or governmental actions are proposed that require state or local government permits or other approvals, the policies in section 3 of this act shall guide the decision- making process.

(2) If uses or activities are proposed that are likely to adversely impact marine life, fishing, aquaculture, recreation, navigation, air or water quality, or other existing ocean or coastal uses, the proposed uses and activities may be supported only if the criteria below are met or exceeded:

(a) There is a demonstrated significant local, state, or national need for the proposed use or activity;

(b) There is no feasible or prudent alternative to meet the public need for the proposed use or activity;

(c) All feasible and prudent steps are taken to minimize adverse environmental impacts, with special protection provided for the marine life of the Columbia River, Willapa Bay and Grays Harbor estuaries, and Olympic National Park;

(d) All feasible and prudent steps are taken to minimize adverse social and economic impacts, including impacts on aquaculture, recreation, tourism, navigation, air quality, and recreational, commercial, and tribal fishing;

(e) There will be no likely long-term, irreparable impacts to coastal or ocean resources or uses;

(f) Compensation is provided to mitigate short-term, reparable adverse impacts to coastal resources or uses;

(g) Comprehensive and direct liability for potential adverse impacts is provided;

(h) Plans and sufficient performance bonding are provided to ensure that the site will be rehabilitated after the use or activity is completed; and

(i) The use or activity complies with all applicable local, state, and federal laws and regulations.

NEW SECTION. Sec. 6. OCEAN RESOURCES TASK FORCE. (1) There is hereby created the Washington ocean resources task force to ensure that the state of Washington is prepared to respond to proposed uses and activities in coastal waters off Washington in a consistent and well-informed manner, and to increase the level of coordination among ocean users, governmental agencies, and the public.

(2) The director of the department of ecology, or a designee, shall coordinate the task force. In doing so, the director shall use a collaborative process that is fair to all interests, and shall attempt to reach outcomes that are supportable by all participants.

(3) The task force shall include members from affected state and federal agencies, coastal counties and ports, Indian tribes, institutions of higher learning, citizen groups, sport, tribal, and commercial fishermen, the oil and gas industry, marine transportation, marine mining, and aquaculture. The department of ecology, in consultation with other state resource agencies, shall select the organizations to be represented on the task force. The organizations shall select a primary representative and an alternate. No more than fifty percent of the task force members shall represent governmental entities.

(4) The following tasks shall be completed by the task force:

(a) Provide recommendations to the department of ecology regarding guidelines and policies to be used by local governments in amending their shoreline master programs to address, as appropriate, siting criteria for oil and gas pipelines and onshore support facilities, and other types of mineral extraction activity. Recommendations to address other offshore resource issues also shall be provided.

(b) Provide recommendations to the commissioner of public lands regarding the use, conservation, and management of state- owned submerged lands and tidelands.

(c) Provide recommendations to the federal government regarding the use, conservation, and management of lands and waters on the outer continental shelf and federal exclusive economic zone.

(d) Provide recommendations to local governments and the governor regarding ways in which net benefits of offshore oil and gas development can be increased.

(e) Provide recommendations to the governor regarding environmental, social, and economic stipulations for the proposed federal oil and gas lease sale.

(f) Develop and implement an educational program to inform local governments, businesses, and residents of the characteristics of offshore oil and gas activity and its potential onshore effects.

(g) Recommend studies and actions to advance the development of new beneficial uses of the state's offshore resources. (h) Complete other tasks as determined by the task force.

(5) The legislative policy and intent in section 1 of this act and the criteria in section 5 of this act shall serve as guidance to the task force when completing the tasks in subsection (4) of this section.

(6) If the proposed federal outer continental shelf oil and gas lease sale scheduled for 1992 is cancelled, subsection (4) (d), (e), and (f) of this section need not be complied with.

(7) Task force meetings shall be open to the public, and interested parties shall be notified of meetings at least thirty days prior to each meeting.

(8) Members of the task force shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

(9) The task force shall cease to exist on June 30, 1991.

NEW SECTION. Sec. 7. (1) The sum of one hundred thirty-five thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1991, from the general fund to the department of ecology for the purposes of this section and not more than fifteen thousand dollars for the completion of section 6 (4)(f) of this act. Payment of nonagency members' travel expenses and miscellaneous administrative costs shall be made from this appropriation.

(2) The sum of sixty thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1991, from the general fund to each of the following departments to carry out the purposes of this section: fisheries, wildlife, community development, revenue, and trade and economic development.

(3) The sum of sixty thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1991, from the resource management and cost account to the department of natural resources to carry out the purposes of this section.

(4) To the maximum extent possible, the department of ecology shall use federal grant funds instead of the general fund appropriation.

NEW SECTION. Sec. 8. A new section is added to chapter 90.58 RCW to read a follows:

SHORELINE MASTER PLAN REVIEW. (1) In conjunction with the task force created in section 6 of this act, the department of ecology shall prepare and adopt ocean use guidelines and policies to be used in reviewing, and where appropriate, amending shoreline master programs of local governments with coastal waters or coastal shorelines within their boundaries. These guidelines shall be finalized by April 1, 1990.

(2) After the department of ecology has adopted the guidelines required in subsection (1) of this section, counties, cities, and towns with coastal waters or coastal shorelines shall review their shoreline master programs to ensure that the programs conform with sections 3 and 5 of this act and with the department of ecology's ocean use guidelines. Amended master programs shall be submitted to the department of ecology for its approval pursuant to RCW 90.58.090 by June 30, 1991.

NEW SECTION. Sec. 9. (1) The sum of one hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1991, from the general fund to the department of ecology to be distributed to local governments for the purpose of reviewing and amending their shoreline master programs.

(2) To the maximum extent possible, the department of ecology shall use federal grant funds instead of the general fund appropriation.

NEW SECTION. Sec. 10. Sections 1 through 6 of this act shall constitute a new chapter in Title 43 RCW.

NEW SECTION. Sec. 11. A new section is added to chapter 90.58 RCW to read as follows:

The department of ecology shall consult with affected state agencies, local governments, Indian tribes, and the public prior to responding to federal coastal zone management consistency certifications for uses and activities occurring on the federal outer continental shelf.

Sec. 12. Section 2, chapter 45, Laws of 1970 ex. sess. as last amended by section 2, chapter 371, Laws of 1977 ex. sess. and RCW 80.50.020 are each amended to read as follows:

(1) "Applicant" means any person who makes application for a site certification pursuant to the provisions of this chapter;

(2) "Application" means any request for approval of a particular site or sites filed in accordance with the procedures established pursuant to this chapter, unless the context otherwise requires;

(3) "Person" means an individual, partnership, joint venture, private or public corporation, association, firm, public service company, political subdivision, municipal corporation, government agency, public utility district, or any other entity, public or private, however organized;

(4) "Site" means any proposed or approved location of an energy facility;

(5) "Certification" means a binding agreement between an applicant and the state which shall embody compliance to the siting guidelines, in effect as of the date of certification, which have been adopted pursuant to RCW 80.50.040 as now or hereafter amended as conditions to be met prior to or concurrent with the construction or operation of any energy facility;

(6) "Associated facilities" means storage, transmission, handling, or other related and supporting facilities connecting an energy plant with the existing energy supply, processing, or distribution system, including, but not limited to, communications, controls, mobilizing or maintenance equipment, instrumentation, and other types of ancillary transmission equipment, off-line storage or venting required for efficient operation or safety of the transmission system and overhead, and surface or subsurface lines of physical access for the inspection, maintenance, and safe operations of the transmission facility and new transmission lines constructed to operate at nominal voltages in excess of 200,000 volts to connect a thermal power plant to the northwest power grid: PROVIDED, That common carrier railroads or motor vehicles shall not be included;

(7) "Transmission facility" means any of the following together with their associated facilities:

(a) Crude or refined petroleum or liquid petroleum product transmission pipeline ((~~of the following dimensions: A pipeline~~)): (i) Larger than six inches minimum inside diameter between valves for the transmission of these products with a total length of at least fifteen miles; or (ii) originating from oil production from federal lands on the outer continental shelf or from lands beneath the marine waters of the state;

(b) Natural gas, synthetic fuel gas, or liquified petroleum gas transmission pipeline ((~~of the following dimensions: A pipeline~~)): (i) Larger than fourteen inches minimum inside diameter between valves, for the transmission of these products, with a total length of at least fifteen miles for the purpose of delivering gas to a distribution facility, except an interstate natural gas pipeline regulated by the United States federal power commission; or (ii) originating from gas production from federal lands on the outer continental shelf or from lands beneath the marine waters of the state;

(8) "Independent consultants" means those persons who have no financial interest in the applicant's proposals and who are retained by the council to evaluate the applicant's proposals, supporting studies, or to conduct additional studies;

(9) "Thermal power plant" means, for the purpose of certification, any electrical generating facility using any fuel, including nuclear materials, for distribution of electricity by electric utilities;

(10) "Energy facility" means an energy plant or transmission facilities: PROVIDED, That the following are excluded from the provisions of this chapter:

(a) Facilities for the extraction, conversion, transmission or storage of water, other than water specifically consumed or discharged by energy production or conversion for energy purposes; and

(b) Facilities operated by and for the armed services for military purposes or by other federal authority for the national defense;

(11) "Council" means the energy facility site evaluation council created by RCW 80.50.030;

(12) "Counsel for ((~~[the]~~)) the environment" means an assistant attorney general or a special assistant attorney general who shall represent the public in accordance with RCW 80.50.080;

(13) "Construction" means on-site improvements, excluding exploratory work, which cost in excess of two hundred fifty thousand dollars;

(14) "Energy plant" means the following facilities together with their associated facilities:

(a) Any stationary thermal power plant with generating capacity of two hundred fifty thousand kilowatts or more and floating thermal power plants of fifty thousand kilowatts or more, including associated facilities;

(b) Facilities which will have the capacity to receive liquified natural gas in the equivalent of more than one hundred million standard cubic feet of natural gas per day, which has been transported over marine waters;

(c) Facilities which will have the capacity to receive more than an average of fifty thousand barrels per day of crude or refined petroleum or liquified petroleum gas which has been or will be transported over marine waters, except that the provisions of this chapter shall not apply to storage facilities unless occasioned by such new facility construction;

(d) Any underground reservoir for receipt and storage of natural gas as defined in RCW 80.40.010 capable of delivering an average of more than one hundred million standard cubic feet of natural gas per day; ((~~and~~))

(e) Facilities capable of processing more than twenty-five thousand barrels per day of petroleum into refined products; and

(f) Facilities with the capacity to receive oil and gas produced from federal lands on the continental shelf or from marine aquatic lands of the state;

(15) "Land use plan" means a comprehensive plan or land use element thereof adopted by a unit of local government pursuant to chapters 35.63, 35A.63, or 36.70 RCW;

(16) "Zoning ordinance" means an ordinance of a unit of local government regulating the use of land and adopted pursuant to chapters 35.63, 35A.63, or 36.70 RCW or Article XI of the state Constitution.

NEW SECTION. Sec. 13. The authority for the Joint Select Committee on Marine and Ocean Resources is extended until June 30, 1992.

NEW SECTION. Sec. 14. Section captions as used in this act do not constitute any part of the law.

NEW SECTION. Sec. 15. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.