ESHB 2097 -
By Senators Fraser, Jacobsen
PULLED 04/11/2005
On page 3, line 6 of the amendment, after "act" insert ", and shall coordinate the implementation of the program with the activities of the Puget Sound recovery partnership provided in sections 4 through 14 of this act"
On page 4, after line 13 of the amendment, insert the following:
"Sec. 4 RCW 90.71.010 and 1996 c 138 s 2 are each amended to read
as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Action team" means the ((Puget Sound water quality action
team)) staff to the partnership.
(2) "Chair" means the chair of the partnership, who also serves as
the executive director of the action team.
(3) "Council" means the Puget Sound council created in RCW
90.71.030.
(4) "Partnership" means the Puget Sound recovery partnership
described in RCW 90.71.020.
(5) "Plan" or "Puget Sound recovery management plan" means the
((1994)) 2000 Puget Sound water quality management plan ((as it exists
June 30, 1996, and)) described in section 5 of this act, as
subsequently amended by the ((action team)) partnership.
(((5) "Support staff" means the staff to the action team.))
(6) "Puget Sound" means Puget Sound and related inland marine
waterways including all salt waters of the state of Washington inside
the international boundary line between Washington and British
Columbia, and lying east of the junction of the Pacific Ocean and the
Strait of Juan de Fuca.
(7) "Work plan" means the work plan and budget developed by the
action team and the partnership.
NEW SECTION. Sec. 5 A new section is added to chapter 90.71 RCW
to read as follows:
(1) The Puget Sound recovery management plan adopted by the
partnership shall be a comprehensive document that describes the
problems and priority areas for action to achieve the goals of the
maintenance and enhancement of Puget Sound water quality, protection
and restoration of habitat, and maintenance of Puget Sound's biological
resources. The plan shall provide a clear and compelling case
statement of the problems affecting Puget Sound's health and the
actions needed to conserve and recover Puget Sound. The plan shall
further describe the roles and responsibilities of the various federal,
state, and local agencies in undertaking the necessary actions. The
plan shall address all the waters of Puget Sound and related inland
marine waters, including portions of the Strait of Juan de Fuca and the
Strait of Georgia within the state, and, to the extent that they affect
water quality and habitat in Puget Sound, all waters flowing into Puget
Sound and related inland marine waters and adjacent lands. The
partnership may define specific geographic boundaries within which the
plan applies. The plan shall incorporate to the extent feasible
existing planning and research efforts and conservation and recovery
initiatives of state agencies and local government related to Puget
Sound, and shall seek to avoid duplication of existing efforts. The
plan shall:
(a) Be organized around the long-term goals for Puget Sound of
protecting and restoring Puget Sound's water quality; protecting and
restoring habitat for all native species in Puget Sound; and protecting
the biological resources of Puget Sound and recovering species at risk;
(b) Be organized by priority areas for attention and action;
(c) Provide detail on the strategies to be used to advance progress
in each priority area, set explicit objectives in each priority area,
and delineate clear and quantifiable measures of success;
(d) Include timelines for actions in conjunction with the Puget
Sound council as provided in subsection (2) of this section;
(e) Assign responsibilities for action in each of the priority
areas to federal, state, local, and tribal governments;
(f) Delineate a pathway to success in each priority area within a
fifteen-year time frame; and
(g) Include by reference applicable sections of related plans,
which shall be included by the partnership only as already approved by
the appropriate authorities. Referenced plans must be subject to
future changes as provided for by the appropriate authorities.
(2) The council shall work with the partnership to incorporate into
the Puget Sound recovery management plan overall timeline goals for
accomplishing all elements of the plan. Except for conditions that
involve an extraordinary degradation or complexity in restoration, the
goals shall establish a restoration timeline of not more than fifteen
years from the effective date of this section.
(3) The management plan developed pursuant to this section has no
regulatory authority and shall not be the basis of any regulatory
action by entities represented on the partnership.
Sec. 6 RCW 90.71.020 and 1998 c 246 s 14 are each amended to read
as follows:
(1)(a) The Puget Sound ((action team)) recovery partnership is
created. The ((action team)) partnership shall define, coordinate, and
implement the state's conservation and recovery agenda for Puget Sound.
The partnership shall consist of: The directors of the departments of
ecology; agriculture; natural resources; fish and wildlife; and
community, trade, and economic development; the ((secretaries))
secretary of the department((s)) of health ((and transportation; the
director of the parks and recreation commission; the director of the
interagency committee for outdoor recreation; the administrative
officer of the conservation commission designated in RCW 89.08.050; one
person)); the administrative officer of the conservation commission;
two people representing cities, appointed by the governor; one person
representing special purpose governments, appointed by the governor;
two people representing counties, appointed by the governor; ((one
person)) two people representing federally recognized tribes, appointed
by the governor; and the ((chair)) executive director of the action
team, who shall also serve as the chair of the partnership.
Gubernatorial appointees shall serve two-year terms. In making the
appointments for city, county, and special purpose government
representatives, the governor is encouraged to select individuals with
experience in local government and expertise in the areas of water
quality, habitat, growth management, public health, and transportation,
as they relate to conditions and activities affecting the water quality
and habitat of Puget Sound.
(b) The following ad hoc, nonvoting members shall serve on the
partnership: The secretary of the department of transportation, the
director of the parks and recreation commission, the director of the
interagency committee for outdoor recreation, and the chair of the
Puget Sound council.
(c) The ((action team)) partnership shall also ((include)) invite
the following ex officio nonvoting members, among others as deemed
appropriate in the future: The regional director of the United States
environmental protection agency; the regional administrator of the
national marine fisheries service; ((and)) the regional supervisor of
the United States fish and wildlife service; the Seattle district
commander of the United States army corps of engineers; the regional
administrator of the United States geological survey; the executive
director of the northwest straits commission; the chair of the Puget
Sound shared strategy; and the executive director of the Hood Canal
coordinating council.
(d) The members representing nongovernmental organizations, tribes,
cities ((and)), counties, and special purpose governments shall each be
reimbursed for travel expenses as provided in RCW 43.03.050 and
43.03.060.
(2) The ((action team)) partnership shall:
(a) Periodically update and amend the Puget Sound recovery
management plan, in consultation with the council;
(b) Prepare a Puget Sound work plan and budget ((for inclusion in
the governor's biennial budget)), in consultation with the council;
(((b))) (c) Coordinate actions, programs, and initiatives across
and among the partner agencies to achieve the objectives of the plan;
(d) Coordinate monitoring and research programs ((as provided in
RCW 90.71.060));
(((c))) (e) Consult with local governments in implementing the
Puget Sound recovery management plan and biennial work plans, and
prioritize attention by the action team upon assisting local
governments in obtaining state and federal funding for carrying out
local government programs and in effectively coordinating local
government programs with those of neighboring local governments and
state and federal programs;
(f) Work ((under the direction of)) in cooperation with the
((action team)) partnership chair ((as provided in RCW 90.71.040));
(((d) Coordinate permitting requirements as necessary to expedite
permit issuance for any local watershed plan developed pursuant to
rules adopted under this chapter;)) (g) Identify and resolve any policy or rule conflicts that
may exist between one or more agencies represented ((
(e)on the action
team)) in the partnership;
(((f) Periodically amend the Puget Sound management plan;)) (h) Appoint advisory committees as needed to manage efforts
on particular issues in Puget Sound and to obtain information regarding
conservation efforts around Puget Sound;
(g) Enter into, amend, and terminate contracts with individuals,
corporations, or research institutions for the purposes of this
chapter;
(h) Receive such gifts, grants, and endowments, in trust or
otherwise, for the use and benefit of the purposes of the action team.
The action team may expend the same or any income therefrom according
to the terms of the gifts, grants, or endowments;
(i)
(i) Promote extensive public participation, and otherwise seek to
broadly disseminate information concerning Puget Sound;
(j) Receive and expend funding from other public agencies; and
(k) ((To reduce costs and improve efficiency, review by December 1,
1996, all requirements for reports and documentation from state
agencies and local governments specified in the plan for the purpose of
eliminating and consolidating reporting requirements; and))
Submit a biennial report to the appropriate policy ((
(l) Beginning in December 1998, and every two years thereafter,and fiscal))
committees of the legislature that provides an update on the overall
health of Puget Sound and describes and evaluates the ((successes and
shortcomings of)) efforts and actions of the partnership in
implementing the current work plan ((relative to the priority problems
identified for each geographic area of Puget Sound)) and recommends
responsive actions needed to be taken by the legislature.
(3) ((By July 1, 1996, the action team shall begin developing its
initial work plan, which shall include the coordination of necessary
support staff)) The partnership may appoint from among its members a
team to manage the collaborative work of the partnership.
(4) The ((action team)) partnership shall incorporate, to the
maximum extent possible, the recommendations of the Puget Sound council
regarding amendments to the Puget Sound management plan and the work
plan.
(5) All proceedings of the ((action team)) partnership are subject
to the open public meetings act under chapter 42.30 RCW.
Sec. 7 RCW 90.71.030 and 1999 c 241 s 3 are each amended to read
as follows:
(1) There is established the Puget Sound council composed of
((eleven)) thirteen members. ((Seven)) Nine members shall be appointed
by the governor. In making these appointments, the governor shall
include representation from business, the environmental community,
agriculture, the shellfish industry, counties, cities, conservation
districts, and the tribes. Two members shall be members of the senate
selected by the president of the senate with one member selected from
each caucus in the senate, and two members shall be members of the
house of representatives selected by the speaker of the house of
representatives with one member selected from each caucus in the house
of representatives. The legislative members shall be nonvoting members
of the council. The executive director of the action team shall be an
ex officio, nonvoting member. Appointments to the council shall
reflect geographical balance and the diversity of population within the
Puget Sound basin. Members shall serve four-year terms. ((Of the
initial members appointed to the council, two shall serve for two
years, two shall serve for three years, and two shall serve for four
years. Thereafter members shall be appointed to four-year terms.))
Vacancies shall be filled by appointment in the same manner as the
original appointment for the remainder of the unexpired term of the
position being vacated. Nonlegislative members shall be reimbursed for
travel expenses as provided in RCW 43.03.050 and 43.03.060.
Legislative members shall be reimbursed as provided in RCW 44.04.120.
(2) The council shall:
(a) Recommend to the ((action team)) partnership priorities,
projects, and activities for inclusion in the biennial work plan;
(b) Recommend to the ((action team)) partnership coordination of
work plan activities with other relevant activities, including but not
limited to, agencies' activities other than those funded through the
plan, ((local)) plan ((initiatives)) elements being implemented by
local governments, and governmental and nongovernmental watershed
restoration and protection activities; ((and))
(c) Recommend to the ((action team)) partnership proposed
amendments to the Puget Sound management plan; and
(d) Oversee the implementation of the elements of the work plan
that receive funding through legislative provisos of the biennial and
supplemental appropriations acts, monitor progress of the partnership
agencies in carrying out the work plan, and produce an annual report to
the legislature on progress.
(3) ((The chair of the action team shall convene the council at
least four times per year and shall jointly convene the council and the
action team at least two times per year)) The executive director of the
action team shall provide staff support of at least one full-time
equivalent to the council to meet these requirements. The council
shall select a chair from among its voting members who will convene the
council at least four times a year. Two of these meetings shall be
planned in conjunction with the chair of the partnership and shall
coincide with meetings of the partnership. The chair of the council
shall serve a two-year term, renewable for one term if selected by the
council.
Sec. 8 RCW 90.71.040 and 1996 c 138 s 5 are each amended to read
as follows:
(1) ((By June 1, 1996,)) The governor shall appoint a person ((in
the governor's office)) to chair the partnership and serve as the
executive director of the action team. The chair shall serve at the
pleasure of the governor.
(2) The chair shall be responsible for:
(a) ((Organizing)) Providing administrative support to the council,
and working with the chair of the council to organize the development
of the council recommendations;
(b) ((Organizing)) Administering all the work of the partnership
and the action team described in RCW 90.71.020, including the
development of the work plan required under RCW 90.71.050;
(c) Presenting a work plan and budget ((recommendations)) to the
governor and the legislature;
(d) Overseeing the implementation of the elements of the work plan
that receive funding ((through appropriations)) by the legislature;
((and))
(e) ((Serving as chair of the council.)) Entering into, amending,
and terminating contracts and grants with individuals, corporations, or
research institutions for the purposes of this chapter; and
(f) Receiving such gifts, grants, and endowments, in trust or
otherwise, for the use and benefit of the purposes of this chapter, and
making expenditures, including any income therefrom, according to the
terms of the gifts, grants, or endowments.
(3) The chair of the ((action team)) partnership shall be a full-time employee responsible for the administration of all functions of
the partnership, the action team, and the council((, including)).
Responsibilities include hiring and terminating support staff, budget
preparation, contracting, managing grants, coordinating with the
governor, the legislature, and other state and local entities, and the
delegation of responsibilities as deemed appropriate. The salary of
the chair shall be fixed by the governor, subject to RCW 43.03.040.
Sec. 9 RCW 90.71.050 and 1998 c 246 s 15 are each amended to read
as follows:
(1)(a) Each biennium, the ((action team)) partnership shall prepare
a Puget Sound work plan and budget for inclusion in the governor's
biennial budget and for submission to the legislature. The work plan
shall ((prescribe)): (i) Describe the conservation and restoration
priorities in Puget Sound, and (ii) describe the necessary federal,
state, and local actions to maintain and enhance Puget Sound water
quality, ((including but not limited to, enhancement of recreational
opportunities, and restoration)) protect and restore important habitat,
and ensure the viability of a balanced population of indigenous
shellfish, fish, and wildlife. The work plan ((and budget)) shall
include specific actions and projects pertaining to salmon recovery
plans.
(b) In developing a work plan, the ((action team)) partnership
shall meet the following objectives:
(i) Use the plan elements of the Puget Sound management plan to
prioritize ((local and)) state actions necessary to restore and protect
the biological health and diversity of Puget Sound;
(ii) ((Consider the problems and priorities identified in local
plans)) Represent significant activities of the state agencies that
contribute to Puget Sound conservation and recovery; and
(iii) Coordinate the work plan activities with other relevant
activities, including but not limited to, agencies' activities that
have not been funded through the plan, local plans, and governmental
and nongovernmental watershed restoration activities.
(((c) In developing a budget, the action team shall identify:))
(i) The total funds to implement local projects originating from
the planning process developed for nonpoint pollution; and
(ii) The total funds to implement any other projects designed
primarily to restore salmon habitat.
(2) In addition to the requirements identified under RCW
90.71.020(2)(((a))) (b), the work plan and budget shall:
(a) Identify and prioritize ((the local and)) state actions
necessary to address ((the)) Puget Sound's water quality problems ((in
the following locations:)), habitat protection and restoration, and
species recovery;
(i) Area 1: Island and San Juan counties;
(ii) Area 2: Skagit and Whatcom counties;
(iii) Area 3: Clallam and Jefferson counties;
(iv) Area 4: Snohomish, King, and Pierce counties; and
(v) Area 5: Kitsap, Mason, and Thurston counties;
(b) Provide sufficient
(b) Identify funding ((to characterize local watersheds, provide
technical assistance, and implement state responsibilities identified
in the work plan. The number and qualifications of staff assigned to
each region shall be determined by the types of problems identified
pursuant to (a) of this subsection)) needed to address high priority
problems;
(c) ((Provide sufficient)) Recommend actions to local governments;
(d) Identify funding ((to implement)) needs for implementation and
((coordinate)) coordination of the Puget Sound ambient monitoring plan
pursuant to RCW 90.71.060; and
(((d) Provide funds to assist local jurisdictions to implement
elements of the work plan assigned to local governments and to develop
and implement local plans;)) (e) Describe any proposed amendments to the Puget Sound
management plan.
(e) Provide sufficient funding to provide support staff for the
action team; and
(f)
(3) The work plan shall be submitted to the governor by September
15th of each even-numbered year and to the appropriate policy ((and
fiscal)) committees of the legislature by December 20th of each even-numbered year.
(4) The work plan shall be implemented consistent with the
legislative provisos of the biennial appropriation acts.
Sec. 10 RCW 90.71.060 and 1996 c 138 s 7 are each amended to read
as follows:
In addition to other powers and duties specified in this chapter,
the action team and the partnership shall ensure implementation and
coordination of the Puget Sound ambient monitoring program established
in the Puget Sound management plan. The program shall include, at a
minimum:
(1) A research program, including but not limited to methods to
provide current research information to managers and scientists, and to
establish priorities based on the needs of the partnership members and
the action team;
(2) A monitoring program, including baselines, protocols,
guidelines, and quantifiable performance measures. In consultation
with state agencies, local and tribal governments, and other public and
private interests, the action team, working with the council, shall
develop and track quantifiable performance measures that can be used by
the governor and the legislature to assess the effectiveness over time
of programs and actions initiated under the plan to improve and protect
Puget Sound water quality, habitat, and biological resources. ((The
performance measures shall be developed by June 30, 1997.)) The
performance measures shall include, but not be limited to a methodology
to track the progress of: Fish and wildlife habitat; sites with
sediment contamination; wetlands; shellfish beds; and other key
indicators of Puget Sound's health. The performance measures should,
to the extent possible, be consistent with those developed by state
agencies for their reporting requirements to the office of financial
management and the legislature. State agencies shall, and local
governments are encouraged to, assist the action team in the
development and tracking of these performance measures. The
performance measures may be limited to a selected geographic area.
NEW SECTION. Sec. 11 A new section is added to chapter 90.71 RCW
to read as follows:
The council shall conduct a review of the partnership's proposed
biennial work plan in October of each even-numbered year and shall
include a budget review and recommendation cover letter to the document
when it is presented to the appropriate policy and fiscal committees of
the legislature in December. This letter shall specify, among other
items, the council's recommendations on appropriate allocations among
priorities in the work plan, on the overall levels of funding proposed,
and on their adequacy in meeting the timelines established in section
5 of this act.
Sec. 12 RCW 90.71.070 and 1996 c 138 s 8 are each amended to read
as follows:
(1) Local governments are ((required)) encouraged to implement
local elements of the biennial work plan ((subject to the availability
of appropriated funds or other funding sources)) and management plan.
(2) The council shall review the progress of work plan
implementation((. Where prescribed actions have not been accomplished
in accordance with the work plan, the)) and work cooperatively with
responsible ((agency shall submit to the council written explanations
for the shortfalls, together with proposed remedies)) local governments
and state agencies to address delays or shortfalls in plan
implementation.
Sec. 13 RCW 90.71.080 and 1996 c 138 s 9 are each amended to read
as follows:
The chairs of the ((action team)) partnership and council shall
jointly hold public hearings to solicit public comment on the work
plan.
NEW SECTION. Sec. 14 It is the intent of the legislature for at
least one of the two members of the house of representatives assigned
to serve on the Puget Sound council under RCW 90.71.030 for the years
2005 through 2007 to be selected from the membership of the house of
representatives' select committee on Hood Canal."
Renumber the remaining sections consecutively and correct any internal references accordingly.
ESHB 2097 -
By Senators Fraser, Jacobsen
PULLED 04/11/2005
On page 5, line 2 of the title amendment, after "insert" strike the remainder of the title amendment and insert "amending RCW 90.71.010, 90.71.020, 90.71.030, 90.71.040, 90.71.050, 90.71.060, 90.71.070, and 90.71.080; adding new sections to chapter 90.-- RCW; adding new sections to chapter 90.71 RCW; creating new sections; and declaring an emergency."