S-0235.3 _______________________________________________
SENATE BILL 5487
_______________________________________________
State of Washington 54th Legislature 1995 Regular Session
By Senators Rasmussen, Morton, Haugen, Newhouse and Winsley
Read first time 01/24/95. Referred to Committee on Senate Select Committee on Water Policy.
AN ACT Relating to creation of a water resources board; adding new sections to chapter 43.27A RCW; adding a new section to chapter 43.20 RCW; adding a new section to chapter 43.21A RCW; adding a new section to chapter 43.83B RCW; adding a new section to chapter 43.99E RCW; adding a new section to chapter 86.16 RCW; adding a new section to chapter 86.18 RCW; adding a new section to chapter 86.24 RCW; adding a new section to chapter 86.26 RCW; adding a new section to chapter 89.16 RCW; adding a new section to chapter 90.03 RCW; adding a new section to chapter 90.08 RCW; adding a new section to chapter 90.14 RCW; adding a new section to chapter 90.16 RCW; adding a new section to chapter 90.22 RCW; adding a new section to chapter 90.24 RCW; adding a new section to chapter 90.38 RCW; adding a new section to chapter 90.42 RCW; adding a new section to chapter 90.44 RCW; adding a new section to chapter 90.54 RCW; creating new sections; recodifying RCW 43.21A.067; decodifying RCW 90.14.043; providing an effective date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The state water resources board is hereby established. The board has authority over water resources policy matters and flood management policy matters, however the water resource program and flood control management program shall remain housed within the department of ecology. The board shall exercise all policy-related powers relating to water quantity matters and flood management matters prescribed by law, including the management, conservation, utilization, planning, development, and adjudication of the state's water as provided in sections 5 through 24 of this act. Pursuant to statutory authorities, the board may adopt, amend, or repeal administrative rules in accordance with the administrative procedure act, chapter 34.05 RCW. The board or its authorized designee shall represent itself in legislative matters.
The board shall appoint an administrator of water resources, who shall have the duty to implement the policies and decisions of the board and to administer the water resource program and flood management program. The salary of the administrator shall be fixed by the governor in accordance with RCW 43.03.040. The administrator shall have full supervisory authority over all employees in the water resource program and flood management program. The administrator shall serve at the pleasure of the board and is exempt from provisions of chapter 41.06 RCW.
NEW SECTION. Sec. 2. (1) The board shall consist of nine members, appointed by the governor from nominees submitted by county legislative authorities. Each county legislative authority in each area established in section 4 of this act shall submit within sixty calendar days of the effective date of this section a name of a person from within its area that meets the qualifications in subsection (2) of this section to the governor as a nominee from that area for the state water resources board.
(2) The board members shall be qualified electors and residents for at least five years of the district specified under section 4 of this act. Members must be knowledgeable about state water law and have at least five years' experience in water resource matters. Local units of government including but not limited to cities, towns, public utility districts, conservation districts, water districts, irrigation districts, and flood control districts within each county may submit nominations to the county legislative authority of persons to serve on the board. All appointments and reappointments, including those to fill vacancies, shall be confirmed by the senate. The first members of the board shall be appointed by the governor within ninety days after the effective date of this section. The initial terms for board members from districts one, five, and nine shall expire on the first Thursday following the second Monday in January 1997, for board members from districts two and six shall expire on the first Thursday following the second Monday in January 1998, for board members from districts three and seven shall expire on the first Thursday following the second Monday in 1999, and for board members from districts four and eight shall expire on the first Thursday following the second Monday in January 2000.
(3) Upon the expiration of the term of any member, the governor shall appoint a successor for a term of four years in accordance with the same procedures as contained in subsection (1) of this section. Nominations by county legislative authorities shall be submitted no later than December 10 of the year prior to the expiration date of the board member's term. Vacancies on the board shall be filled by appointment made by the governor for the unexpired term.
NEW SECTION. Sec. 3. The board shall meet at such times as it deems advisable but at least once every month. It may adopt its own rules and may establish its own procedures consistent with other provisions of state law. Resolutions or motions shall be adopted by an affirmative vote of at least five members. The board may elect one of its members as chair for a term of one year. The chair may vote on all matters before the board. Members of the board shall be compensated in accordance with RCW 43.03.250 and shall receive reimbursement for their travel expenses as provided in RCW 43.03.050 and 43.03.060.
NEW SECTION. Sec. 4. The governor shall appoint one board member from each of the following geographic areas: District one includes Clallam, Jefferson, Mason, and Grays Harbor counties; district two includes Whatcom, Skagit, Island, and San Juan counties; district three includes Snohomish, King, Pierce, and Kitsap counties; district four includes Thurston, Lewis, Pacific, and Wahkiakum counties; district five includes Cowlitz, Clark, Skamania, and Klickitat counties; district six includes Yakima, Benton, Kittitas, Douglas, and Chelan counties; district seven includes Okanogan, Ferry, Stevens, and Pend Oreille counties; district eight includes Walla Walla, Franklin, Adams, Grant, and Lincoln counties; and district nine includes Spokane, Whitman, Garfield, Columbia, and Asotin counties.
NEW SECTION. Sec. 5. A new section is added to chapter 43.20 RCW to read as follows:
For the purposes of RCW 43.20.230, references in this chapter to department or to the department of ecology or director or the director of the department of ecology shall mean the water resources board.
NEW SECTION. Sec. 6. A new section is added to chapter 43.21A RCW to read as follows:
For the purposes of RCW 43.21A.020, 43.21A.061, 43.21A.064, 43.21A.069 and 43.21A.445, references in this chapter to department or to the department of ecology or director or the director of the department of ecology shall mean the water resources board.
NEW SECTION. Sec. 7. A new section is added to chapter 43.27A RCW to read as follows:
For the purposes of RCW 43.27A.020, 43.27A.090, 43.27A.130, 43.27A.190, and 43.21A.067, as recodified by this act, references in this chapter to department or to the department of ecology or director or the director of the department of ecology shall mean the water resources board.
NEW SECTION. Sec. 8. A new section is added to chapter 43.83B RCW to read as follows:
References in this chapter to the department or to the department of ecology or director or the director of the department of ecology shall mean the water resources board.
NEW SECTION. Sec. 9. A new section is added to chapter 43.99E RCW to read as follows:
For the purposes of RCW 43.99E.025, references in this chapter to department or to the department of ecology or director or the director of the department of ecology shall mean the water resources board.
NEW SECTION. Sec. 10. A new section is added to chapter 86.16 RCW to read as follows:
References in this chapter to the department or to the department of ecology or director or the director of the department of ecology shall mean the water resources board.
NEW SECTION. Sec. 11. A new section is added to chapter 86.18 RCW to read as follows:
References in this chapter to the department or to the department of ecology or director or the director of the department of ecology shall mean the water resources board.
NEW SECTION. Sec. 12. A new section is added to chapter 86.24 RCW to read as follows:
References in this chapter to the department or to the department of ecology or director or the director of the department of ecology shall mean the water resources board.
NEW SECTION. Sec. 13. A new section is added to chapter 86.26 RCW to read as follows:
References in this chapter to the department or to the department of ecology or director or the director of the department of ecology shall mean the water resources board.
NEW SECTION. Sec. 14. A new section is added to chapter 89.16 RCW to read as follows:
References in this chapter to the department or to the department of ecology or director or the director of the department of ecology shall mean the water resources board.
NEW SECTION. Sec. 15. A new section is added to chapter 90.03 RCW to read as follows:
References in this chapter to the department or to the department of ecology or director or the director of the department of ecology shall mean the water resources board.
NEW SECTION. Sec. 16. A new section is added to chapter 90.08 RCW to read as follows:
For the purposes of RCW 90.08.040, references in this chapter to department or to the department of ecology or director or the director of the department of ecology shall mean the water resources board.
NEW SECTION. Sec. 17. A new section is added to chapter 90.14 RCW to read as follows:
References in this chapter to the department or to the department of ecology or director or the director of the department of ecology shall mean the water resources board.
NEW SECTION. Sec. 18. A new section is added to chapter 90.16 RCW to read as follows:
References in this chapter to the department or to the department of ecology or director or the director of the department of ecology shall mean the water resources board.
NEW SECTION. Sec. 19. A new section is added to chapter 90.22 RCW to read as follows:
References in this chapter to the department or to the department of ecology or director or the director of the department of ecology shall mean the water resources board.
NEW SECTION. Sec. 20. A new section is added to chapter 90.24 RCW to read as follows:
References in this chapter to the department or to the department of ecology or director or the director of the department of ecology shall mean the water resources board.
NEW SECTION. Sec. 21. A new section is added to chapter 90.38 RCW to read as follows:
References in this chapter to the department or to the department of ecology or director or the director of the department of ecology shall mean the water resources board.
NEW SECTION. Sec. 22. A new section is added to chapter 90.42 RCW to read as follows:
References in this chapter to the department or to the department of ecology or director or the director of the department of ecology shall mean the water resources board.
NEW SECTION. Sec. 23. A new section is added to chapter 90.44 RCW to read as follows:
References in this chapter to the department or to the department of ecology or director or the director of the department of ecology shall mean the water resources board.
NEW SECTION. Sec. 24. A new section is added to chapter 90.54 RCW to read as follows:
References in this chapter to the department or to the department of ecology or director or the director of the department of ecology shall mean the water resources board.
NEW SECTION. Sec. 25. Any appropriations made to the department of ecology relating to functions transferred shall, on the effective date of this section, continue to be designated for use as directed by the water resources board.
Whenever any question arises as to the transfer of any funds, including unexpended balances within any accounts, books, documents, records, papers, files, equipment, or any 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. 26. All rules and all pending business before the department of ecology relating to functions transferred shall be continued and acted upon by the water resources board. All existing contracts and obligations shall remain in full force and effect and shall be performed by the water resources board.
Rules adopted by the department of ecology in exercising the authority transferred to the water resources board under this act on the effective date of this section shall remain in effect unless amended or repealed by the water resources board. The enactment of sections 1 through 25 of this act does not have the effect of terminating, or in any way modifying, any liability, civil or criminal, that is already in existence on the effective date of this section.
NEW SECTION. Sec. 27. There are created nine local water resource policy advisory boards, one for each district as created in section 4 of this act. Each board shall be composed of two representatives from each county in the district selected by the county's legislative authority. Each state water resources board member shall meet a minimum of once every six months with the local water resource policy advisory board to discuss water policy issues and integrate state-wide water policy considerations with local water policy needs. Compensation of local water resource policy advisory boards is discretionary and shall be determined by each county legislative authority.
NEW SECTION. Sec. 28. Sections 1 through 4 and 27 of this act are each added to chapter 43.27A RCW.
NEW SECTION. Sec. 29. RCW 90.14.043 is decodified.
NEW SECTION. Sec. 30. RCW 43.21A.067 shall be recodified as a section in chapter 43.27A RCW.
NEW SECTION. Sec. 31. 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 July 1, 1995.
--- END ---