BP BHEAD INT S [atlas:bill]

AN ACT Relating to the relationship between endangered species, growth management, and the shorelines of the state; amending RCW 90.58.060, 36.70A.480, and 75.46.050; adding new sections to chapter 90.58 RCW; adding new sections to chapter 36.70A RCW; and creating new sections.

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

NEW SECTION. Sec. 1. A new section is added to chapter 90.58 RCW to read as follows:

The implementation of the shoreline management act through the shoreline master program requires a full integration with the necessary habitat protection measures for threatened and endangered species. The inclusion of specie protection requirements are not fully defined until the development and approval of a threatened or endangered specie recovery plan is developed for each federally listed evolutionarily significant unit by the federal regulatory agency charged with the development of the recovery plan for that specie.

The shoreline master program guidelines shall be consistent with the habitat protection elements necessary for the recovery of listed species as defined in the federally developed recovery plans for each listed evolutionarily significant unit. However, the guidelines may not be used as the states' enforcement tool to require compliance with any federal law. Recovery plans for each listed species may vary markedly due to scientific findings that apply to each species' biological needs and limiting factors. These variations in biological requirements necessary for the recovery of each individual specie shall be incorporated into shoreline master programs through the review and approval of the shoreline master program by the independent science panel established under RCW 75.46.050.

Premature alteration of the shoreline management act state master program may cause uncertainty and place unnecessary financial burdens upon private landowners and city and county governments if changes are made before an independent science panel review and finalization of federal recovery plans, thus necessitating a number of major plan revisions within a short period of time, all occurring before vital scientific review has been accomplished at the state and federal level.

NEW SECTION. Sec. 2. A new section is added to chapter 90.58 RCW to read as follows:

The department shall suspend the revision of all shoreline management act master programs until such time as federal threatened or endangered salmon recovery plans are finalized for each evolutionarily significant unit. Only upon completion and approval of a federal specie recovery plan shall the department incorporate those findings into a new shoreline master program for the geographic area covered by federal threatened or endangered listing.

NEW SECTION. Sec. 3. A new section is added to chapter 90.58 RCW to read as follows:

The department shall submit each draft shoreline master plan to the independent science panel authorized under RCW 75.46.050 for purposes of review, comment, and approval. The department shall not adopt a shoreline master plan unless the independent science panel has approved it in its entirety. The independent science panel must certify that the plan is the best scientific methodology that will lead to specie recovery.

NEW SECTION. Sec. 4. A new section is added to chapter 90.58 RCW to read as follows:

The independent science panel created in RCW 75.46.050, in cooperation with the Washington association of counties and the Washington association of cities, shall report annually to the legislature concerning the effects of this chapter and chapter 36.70A RCW on the recovery of endangered species.

NEW SECTION. Sec. 5. A new section is added to chapter 36.70A RCW to read as follows:

The growth management hearings boards created in RCW 36.70A.250, working in cooperation with the association of Washington counties and the association of Washington cities, shall report to the legislature annually concerning local actions to integrate the shoreline management act, chapter 90.58 RCW, and the growth management provisions of this chapter.

NEW SECTION. Sec. 6. By January 1, 2002, the department of community, trade, and economic development must provide to the legislature recommendations on how to compensate landowners for restrictions on land use incurred due to the growth management act, chapter 36.70A RCW, and the shoreline management act, chapter 90.58 RCW.

NEW SECTION. Sec. 7. A new section is added to chapter 36.70A RCW to read as follows:

Until such time as criteria and a full compensation plan have been approved by the legislature, state and local governments may not require any change in shoreline land use that is in effect as of January 1, 1999. The designation of lands to be stream buffers under this chapter, and the shoreline management act, chapter 90.58 RCW, may not take effect until full compensation is enacted into law by the legislature.

Shoreline management guidelines shall apply uniformly to all shoreline lands for all land use designations under this chapter.

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

Until such time as criteria and a full compensation plan have been approved by the legislature, state and local governments may not require any change in shoreline land use that is in effect as of January 1, 1999. The designation of lands to be stream buffers under this chapter, and the growth management act, chapter 36.70A RCW, may not take effect until full compensation is enacted into law by the legislature.

NEW SECTION. Sec. 9. The department of ecology shall hold a public hearing on the draft shoreline management rules proposed on March 30, 1999, in any county where the county legislative authority requests such a hearing, prior to December 31, 1999. The legislature shall review the rules and their impact during the 2000 regular session and make any necessary changes in law. The department of ecology shall delay implementation of the rules as provided in chapter ...., Laws of 1999 (this act).

NEW SECTION. Sec. 10. A new section is added to chapter 90.58 RCW to read as follows:

Counties and cities have the sole authority to define the application of best available science and adaptive management principles to the policies, ordinances, and administrative procedures used to implement this chapter.

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

The legislature reaffirms that the provisions of this chapter do not apply to construction and practices normal or necessary for farming, irrigation, and ranching activities, including agricultural service roads and utilities on shorelands, and the construction and maintenance of irrigation structures including but not limited to head gates, pumping facilities, and irrigation channels.

Sec. 12. RCW 90.58.060 and 1995 c 347 s 304 are each amended to read as follows:

(1) The department shall periodically review and adopt guidelines consistent with RCW 90.58.020, containing the elements specified in RCW 90.58.100 for:

(a) Development of master programs for regulation of the uses of shorelines; and

(b) Development of master programs for regulation of the uses of shorelines of state-wide significance.

(2) Before adopting or amending guidelines under this section, the department shall provide an opportunity for public review and comment as follows:

(a) The department shall mail copies of the proposal to all cities, counties, and federally recognized Indian tribes, and to any other person who has requested a copy, and shall publish the proposed guidelines in the Washington state register. Comments shall be submitted in writing to the department within sixty days from the date the proposal has been published in the register.

(b) The department shall hold at least four public hearings on the proposal in different locations throughout the state to provide a reasonable opportunity for residents in all parts of the state to present statements and views on the proposed guidelines. Notice of the hearings shall be published at least once in each of the three weeks immediately preceding the hearing in one or more newspapers of general circulation in each county of the state. If an amendment to the guidelines addresses an issue limited to one geographic area, the number and location of hearings may be adjusted consistent with the intent of this subsection to assure all parties a reasonable opportunity to comment on the proposed amendment. The department shall accept written comments on the proposal during the sixty-day public comment period and for seven days after the final public hearing.

(c) At the conclusion of the public comment period, the department shall review the comments received and modify the proposal consistent with the provisions of this chapter. The proposal shall then be published for adoption pursuant to the provisions of chapter 34.05 RCW.

(3) The department may propose amendments to the guidelines not more than once each year. At least once every five years the department shall conduct a review of the guidelines pursuant to the procedures outlined in subsection (2) of this section.

(4) This section is subject to the provisions of chapter . . ., Laws of 1999 (this act).

Sec. 13. RCW 36.70A.480 and 1995 c 347 s 104 are each amended to read as follows:

(1) For shorelines of the state, the goals and policies of the shoreline management act as set forth in RCW 90.58.020 are added as one of the goals of this chapter as set forth in RCW 36.70A.020. The goals and policies of a shoreline master program for a county or city approved under chapter 90.58 RCW shall be considered an element of the county or city's comprehensive plan. The goals and policies of a shoreline master program for a county or a city approved under chapter 90.58 RCW shall be considered an element of the county or city's comprehensive plan only after a scientific review of the shoreline master program conducted by the independent science panel in RCW 75.46.050. All other portions of the shoreline master program for a county or city adopted under chapter 90.58 RCW, including use regulations, shall be considered a part of the county or city's development regulations.

(2) The shoreline master program shall be adopted pursuant to the procedures of chapter 90.58 RCW rather than the procedures set forth in this chapter for the adoption of a comprehensive plan or development regulations.

Sec. 14. RCW 75.46.050 and 1998 c 246 s 6 are each amended to read as follows:

(1) The governor shall request the national academy of sciences, the American fisheries society, or a comparable institution to screen candidates to serve as members on the independent science panel. The institution that conducts the screening of the candidates shall submit a list of the nine most qualified candidates to the governor, the speaker of the house of representatives, and the majority leader of the senate. The candidates shall reflect expertise in habitat requirements of salmon, protection and restoration of salmon populations, artificial propagation of salmon, hydrology, or geomorphology.

(2) The speaker of the house of representatives and the majority leader in the senate shall each remove one name from the nomination list. The governor shall consult with tribal representatives and the governor shall appoint five scientists from the remaining names on the nomination list.

(3) The members of the independent science panel shall serve four-year terms. The independent science panel members shall elect the chair of the panel among themselves every two years. The members of the independent science panel shall be compensated as provided in RCW 43.03.250 and reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.

(4) The independent science panel shall be governed by generally accepted guidelines and practices governing the activities of independent science boards such as the national academy of sciences. The purpose of the independent science panel is to help ensure that sound science is used in salmon recovery efforts. The governor's salmon recovery office shall request review of salmon recovery plans by the science review panel. The science review panel does not have the authority to review individual projects or project lists developed under RCW 75.46.060, 75.46.070, and 75.46.080 or to make policy decisions.

(5) The independent science panel shall act as the peer review panel for all state and local shoreline master plans and growth management plans that would affect endangered species.

(6) The independent science panel shall submit its findings to the legislature and the governor.