BP BHEAD INT S [atlas:bill]

AN ACT Relating to Washington's coastal zone program; adding new sections to chapter 43.21A RCW; creating new sections; and providing an expiration date.

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

NEW SECTION. Sec. 1. The legislature finds that it is in the best interests of its citizens to take advantage of federal laws requiring that federal agencies take account of state and local government policies regarding the management of land and water resources when federal agencies are conducting activities directly or approving other activities through the issuance of federal permits or licenses. The legislature finds that one such federal law, the coastal zone management act of 1972, requires federal agencies to determine that their activities, or the activities of others seeking federal permits or licenses, are consistent with state coastal zone management programs approved under the provisions of that act. The legislature further finds that while Washington state has such an approved program, being the first state to obtain such status, in 1976, the approved program does not contain many existing state and local government policies and programs that, if included, would be the basis for exerting far greater influence upon the permitting activities and direct undertakings of federal agencies in areas within or affecting the state's expansive coastal zone.

For these reasons it is the intent of this act to direct a review of the state's existing program and the submission of additional state and local government policies to the national oceanic and atmospheric administration for inclusion in such program, and to direct that maximum state efforts be directed toward implementing the state's role in federal consistency determinations to ensure that state and local policies influence federal agency actions affecting the state's coastal zone.

NEW SECTION. Sec. 2. A new section is added to chapter 43.21A RCW to read as follows:

The department is designated as the principal state agency for administering the provisions of the federal coastal zone management act (16 U.S.C. Sec. 1451 et seq.), as it exists on January 1, 1999, and is authorized to receive and administer federal grants to implement the act. The department, in the implementation of the network of state and local policies and programs comprising the state coastal zone management program, shall enter into agreements of administration with such other state agencies and local governments as appropriate to fully and effectively implement all elements of the state's federally approved coastal zone management program.

NEW SECTION. Sec. 3. (1) The department of ecology shall review the state and local policies included in the state's approved coastal zone program, and other state and local policies not included in the program, which if included would further the purposes of protecting the state's coastal zone and influencing federal actions affecting the state's coastal zone as expressed in section 1 of this act. This review shall be conducted in consultation with other state agencies and local governments administering the policies and programs under review, and, at a minimum, shall include the departments of natural resources, fish and wildlife, and community, trade, and economic development, and the governing bodies of the counties included within the state's coastal zone.

(2) The review shall include, but not be limited to, the policies in the following acts applicable to land and water uses within the state's coastal zone, including the implementing programs of state agencies and local governments acting under the authorities provided in such acts:

(a) Shoreline management, chapter 90.58 RCW;

(b) Financial responsibility for oil transported by vessels, chapter 88.40 RCW;

(d) Water pollution control, chapter 90.48 RCW;

(e) Oil and hazardous substance spill prevention and response, chapter 90.56 RCW;

(f) Ocean resources management, chapter 43.143 RCW;

(g) Growth management, chapter 36.70A RCW;

(h) Air pollution control, chapter 70.94 RCW;

(i) Forest practices, chapter 76.09 RCW;

(j) Surface mining, chapter 78.44 RCW;

(k) Aquatic lands management, chapters 79.90, 79.91, 79.92, 79.93, 79.94, 79.95, and 79.96 RCW;

(l) Hydraulics projects approval, chapter 75.20 RCW; and

(m) Water resources management, chapters 90.03, 90.44, and 90.54 RCW.

(3) The department shall conclude its review no later than July 1, 2000. The department shall expeditiously thereafter apply to the appropriate federal agency to have those state and local policies included in the federally approved state coastal management program that would strengthen the program consistent with the purposes of this act. The application shall identify the state agencies and local governments responsible for administering those policies.

(4) This section expires December 31, 2000.

NEW SECTION. Sec. 4. A new section is added to chapter 43.21A RCW to read as follows:

(1) The department shall compile the elements of the federally approved state coastal management program into a single document to facilitate administration of the program by the various state agencies and local governments responsible for individual elements, and to facilitate public review and participation in federal consistency reviews and other coastal management program activities.

(2) The department shall provide public notice of applications for state concurrence in federal consistency determinations, and provide a meaningful opportunity for public review and comment upon such applications.