ESHB 2097 -
By Senators Sheldon, Hargrove, Oke, Morton
ADOPTED 04/11/2005
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 (1) The legislature finds that Hood Canal
is a precious aquatic resource of our state. The legislature finds
that Hood Canal is a rich source of recreation, fishing, aquaculture,
and aesthetic enjoyment for the citizens of this state. The
legislature also finds that Hood Canal has great cultural significance
for the tribes in the Hood Canal area. The legislature therefore
recognizes Hood Canal's substantial environmental, cultural, economic,
recreational, and aesthetic importance to Washington.
(2) The legislature finds that Hood Canal is a marine water of the
state at significant risk. The legislature finds that Hood Canal has
a "dead zone" related to low-dissolved oxygen concentrations, a
condition that has recurred for many years. The legislature also finds
this problem and various contributors to the problem were documented in
the May 2004 Preliminary Assessment and Corrective Action Plan
published by the state Puget Sound action team and the Hood Canal
coordinating council.
(3) The legislature further finds that significant research,
monitoring, and study efforts are currently occurring regarding Hood
Canal's low-dissolved oxygen concentrations. The legislature
recognizes that federal, state, tribal, and local governments and other
organizations and entities are coordinating research, monitoring, and
modeling efforts through the Hood Canal low-dissolved oxygen program.
The legislature also recognizes that these entities and others are
continuing individual efforts to study and identify potential solutions
for Hood Canal's low-dissolved oxygen concentrations. The legislature
also recognizes numerous public, private, and community organizations
are working to provide public education regarding Hood Canal's low-
dissolved oxygen concentrations. The legislature recognizes and
encourages the continuation of these efforts.
(4) The legislature finds a need exists for the state to provide
additional resources to address Hood Canal's low-dissolved oxygen
concentrations. The legislature also finds a need exists to designate
the state and local entities to develop, coordinate, and administer a
Hood Canal rehabilitation program and funding.
NEW SECTION. Sec. 2 (1) The development of a program for
rehabilitation of Hood Canal is authorized in Jefferson, Kitsap, and
Mason counties within the aquatic rehabilitation zone one.
(2) The Puget Sound action team is designated as the state lead
agency for the rehabilitation program authorized in this section.
(3) The Hood Canal coordinating council is designated as the local
management board for the rehabilitation program authorized in this
section.
(4) The Puget Sound action team and the Hood Canal coordinating
council must each approve and must comanage projects under the
rehabilitation program authorized in this section.
NEW SECTION. Sec. 3 (1) The Hood Canal coordinating council
shall serve as the local management board for aquatic rehabilitation
zone one. The local management board shall coordinate local government
efforts with respect to the program authorized according to section 2
of this act. In the Hood Canal area, the Hood Canal coordinating
council also shall:
(a) Serve as the lead entity and the regional recovery organization
for the purposes of chapter 77.85 RCW for Hood Canal summer chum; and
(b) Assist in coordinating activities under chapter 90.82 RCW.
(2) When developing and implementing the program authorized in
section 2 of this act and when establishing funding criteria according
to subsection (7) of this section, the Puget Sound action team and the
local management board shall solicit participation by federal, tribal,
state, and local agencies and universities and nonprofit organizations
with expertise in areas related to program activities. The local
management board may include state and federal agency representatives,
or additional persons, as nonvoting management board members or may
receive technical assistance and advice from them in other venues. The
local management board also may appoint technical advisory committees
as needed.
(3) The local management board and the Puget Sound action team
shall participate in the development of the program authorized under
section 2 of this act.
(4) The local management board and its participating local and
tribal governments shall assess concepts for a regional governance
structure and shall submit a report regarding the findings and
recommendations to the appropriate committees of the legislature by
December 1, 2007.
(5) Any of the local management board's participating counties and
tribes, any federal, tribal, state, or local agencies, or any
universities or nonprofit organizations may continue individual efforts
and activities for rehabilitation of Hood Canal. Nothing in this
section limits the authority of units of local government to enter into
interlocal agreements under chapter 39.34 RCW or any other provision of
law.
(6) The local management board may not exercise authority over land
or water within the individual counties or otherwise preempt the
authority of any units of local government.
(7) The local management board and the Puget Sound action team each
may receive and disburse funding for projects, studies, and activities
related to Hood Canal's low-dissolved oxygen concentrations. The Puget
Sound action team and the local management board shall jointly
coordinate a process to prioritize projects, studies, and activities
for which the Puget Sound action team receives state funding
specifically allocated for Hood Canal corrective actions to implement
this section. The local management board and the Puget Sound action
team shall establish criteria for funding these projects, studies, and
activities based upon their likely value in addressing and resolving
Hood Canal's low-dissolved oxygen concentrations. Final approval for
projects under this section requires the consent of both the Puget
Sound action team and the local management board. Projects under this
section must be comanaged by the Puget Sound action team and the local
management board. Nothing in this section prohibits any federal,
tribal, state, or local agencies, universities, or nonprofit
organizations from receiving funding for specific projects that may
assist in the rehabilitation of Hood Canal.
(8) The local management board may hire and fire staff, including
an executive director, enter into contracts, accept grants and other
moneys, disburse funds, make recommendations to local governments about
potential regulations and the development of programs and incentives
upon request, pay all necessary expenses, and choose a fiduciary agent.
(9) The local management board shall report its progress on a
quarterly basis to the legislative bodies of the participating counties
and tribes and the participating state agencies. The local management
board also shall submit an annual report describing its efforts and
successes in implementing the program established according to section
2 of this act to the appropriate committees of the legislature.
NEW SECTION. Sec. 4 This act does not apply to forest practices
regulated under chapter 76.09 RCW.
NEW SECTION. Sec. 5 Nothing in this act provides any regulatory
authority to the Puget Sound action team or the Hood Canal coordinating
council.
NEW SECTION. Sec. 6 The activities of the Puget Sound action
team and the Hood Canal coordinating council required by this act are
subject to the availability of amounts appropriated for this specific
purpose.
NEW SECTION. Sec. 7 Sections 2 and 3 of this act are each added
to chapter
NEW SECTION. Sec. 8 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 takes effect
immediately."
ESHB 2097 -
By Senators Sheldon, Hargrove, Oke, Morton
ADOPTED 04/11/2005
On page 1, line 2 of the title, after "rehabilitation;" strike the remainder of the title and insert "adding new sections to chapter 90.-- RCW; creating new sections; and declaring an emergency."
EFFECT: The floor striking amendment incorporates the changes included in the committee striking amendment, and makes the following changes: The Puget Sound Action Team and the Hood Canal Coordinating Council must each approve and comanage projects under the Hood Canal rehabilitation program. The activities of the Puget Sound Action Team and the Hood Canal Coordinating Council required by this act are subject to funding made available for the implementation of this act.