S-2835.3

1442-S.E AMS ENU S2835.3

ESHB 1442 - S COMM AMD

By Committee on Energy & Utilities

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. FINDINGS AND PURPOSE. The legislature finds that there is a need to comprehensively review the policies and institutional framework governing the management, protection, and enhancement of water resources in the state of Washington. As a result of the proliferation of water resource programs, planning requirements, and ever-increasing demands on the resource, the need for coordinated and efficient water resource is essential. In order to provide a consolidated approach to water resource management and to provide consistent and timely decision making, the legislature further finds that, to the extent possible, the executive and the legislative branches of state government should work together with the help of local governments and tribal governments on water resources issues that are state-wide in their significance.

It is therefore the purpose of this act to create a water resource commission to comprehensively review the water resource management programs in the state and make recommendations for improvement and implementation of management decisions.

NEW SECTION. Sec. 2. COMMISSION CREATED. (1) There is created the Washington water resources policy commission. The commission shall be comprised of between twenty-two and twenty-seven members as follows:

(a) The governor or the governor's representative;

(b) Five members of the house of representatives, appointed by the speaker of the house of representatives, with at least two members from each major caucus;

(c) Five members of the senate, appointed by the president of the senate, with at least two members from each major caucus;

(d) Five members, appointed by the governor, to represent varied water resource-related responsibilities;

(e) Five members representing local government;

(f) The commissioner of public lands, or designee.

(2) The governor may appoint up to five representatives of federally recognized Indian tribes.

(3) The commission may appoint a variety of temporary or ongoing advisory groups to advise it on various subjects it is studying. This shall include a tribal advisory group.

(4) The commission shall convene at the call of the governor under section 4 of this act, and at that time, the legislative members shall elect a chair.

(5) The legislature shall provide the staff for the commission. The governor, the commissioner of public lands, and the attorney general shall cooperate in assuring the assignment of staff having expertise in the matters under review by the commission.

(6) Per diem compensation shall be provided to the nongovernmental members appointed under subsections (1)(d) and (2) of this section pursuant to RCW 43.03.240.

(7) The governor shall make the appointments required under subsections (1)(d) and (2) of this section no later than ninety days following the effective date of this section.

(8) Except as specifically provided in this act, the commission shall determine the procedures for conducting the commission's activities. In any report or recommendations to the governor and legislature, the commission shall allow the inclusion of minority positions.

(9) The commission may enter into contracts for the performance of work necessary to assist the commission in its duties under this act.

NEW SECTION. Sec. 3. COMMISSION DUTIES. The commission shall conduct a comprehensive review of water resources management in Washington that includes:

(1) An identification of all programs governing flood and storm water management, water supply delivery, provision of adequate water supplies for domestic and municipal needs, and for the production of food and fiber for existing and future populations, water quality protection, instream and riparian habitat protection, and other water resource management needs;

(2) An assessment of the performance of existing programs in achieving coordinated water resource management, that identifies specific conflicting or inconsistent strategies, standards, jurisdiction, or planning requirements;

(3) Recommendations for the coordination and integration of state water resource programs, including the need for an independent water resources agency;

(4) Recommendations for comprehensive statutory policies on water allocation procedures and priorities, including revisions of the state's surface and ground water codes;

(5) Recommendations to achieve water resource management on a watershed basis;

(6) Recommendations for changes to water resource planning programs to achieve a comprehensive regional planning framework whose boundaries recognize hydrological boundaries;

(7) Recommendations for the consolidation of state water resources and water quality funding programs;

(8) Recommendations for integrating permit programs for the withdrawal of water and the discharge of pollutants to state waters;

(9) Recommendations for the creation of market-based systems for water allocation, including but not limited to transfers, consumption-based rate structures, incentives for conservation of irrigation water, and water marketing;

(10) Assessment of the impact of hydrologic continuity on the management of programs governing surface and ground waters, and recommendations for improved management regimes;

(11) Recommendations for state and local government coordination of water quality and resource planning consistent with the programs and objectives of the growth management act; and

(12) Any other water resources-related issues that the commission finds relevant.

NEW SECTION. Sec. 4. COMMISSION MEETINGS. Within one hundred twenty days following the effective date of this section, the governor shall schedule the initial meeting of the commission. The commission shall determine the location and frequency of its meetings, but shall meet at least quarterly. Commission meetings shall be open to the public, and written notice of scheduled commission meetings shall be provided to persons requesting such notice. The commission shall accept and consider written comments on the subjects included in its work plan, and shall endeavor to provide opportunities for public comment within its meeting schedule.

NEW SECTION. Sec. 5. COMMISSION WORK PLAN. The commission shall develop a work plan that sets priorities for review of the subjects described in section 3 of this act and such additional subjects that the commission identifies for review. The work plan shall schedule the subjects for review over the period of the commission's authorized life, and identify its goals for providing a report to the legislature on each subject. The work plan shall describe the tasks proposed for each review item and estimated funding needs. The work plan shall be submitted to the fiscal committees of the legislature and to the office of financial management no later than December 1, 1993.

Notwithstanding the work plan schedule, the commission shall report to the legislature on those subjects required by section 3 (1), (2), (3), and (4) of this act no later than November 1, 1994.

NEW SECTION. Sec. 6. REPORTS. The commission shall periodically report to the governor and the legislature as it accomplishes its review of the subjects identified in its work plan. The reports shall describe current conditions and program effectiveness, and shall include recommendations for legislative and administrative action to meet the legislative purpose set forth in section 1 of this act.

NEW SECTION. Sec. 7. FEDERALLY RECOGNIZED INDIAN TRIBES. The legislature recognizes that federally recognized tribes and the state of Washington have historical relationships and unique rights governed by federal and state constitutions, statutes, and treaties with the United States government and executive orders of the President of the United States. Federally recognized Indian tribes are independent sovereign governments. Tribal participation on the commission created in this act is intended to provide direct input and to enhance coordination between governments; however, participation does not imply formal representation individually or collectively of the federally recognized Indian tribes.

NEW SECTION. Sec. 8. The water resources policy commission created in this act shall recognize, and to the extent practicable coordinate with, the department of ecology water resources program and any advisory bodies that are in existence as of the effective date of this section to the department of ecology water resources program.

NEW SECTION. Sec. 9. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.

NEW SECTION. Sec. 10. Captions as used in this act constitute no part of the law.

NEW SECTION. Sec. 11. Sections 1 through 10 of this act and the Washington water resources policy commission shall expire December 31, 1996."

ESHB 1442 - S COMM AMD

By Committee on Energy & Utilities

On page 1, line 2 of the title, after "management;" strike the remainder of the title and insert "creating new sections; providing an expiration date; and declaring an emergency."