SSB 5372 -
By Senator Rockefeller
ADOPTED AS AMENDED 03/10/2007
Strike everything after the enacting clause and insert the following:
NEW SECTION. Sec. 101
(2) The legislature finds that Puget Sound is in serious decline.
Symptoms include the decline of some of our most revered species, such
as salmon and orcas; increase in aquatic nuisance species; and the
conversion of forest lands to cityscapes, which has negatively impacted
many birds and mammals, along with altering the flow of rivers and
streams. These flow changes begin from land and run to sea, carrying
polluted runoff from human development. Closures of beaches to
shellfish harvest due to the risk of disease have become more frequent
and widespread. In places such as Hood Canal, the Sound's circulatory
system is failing, and its inability to maintain sufficient oxygen
levels has led to devastating fish kills and the death of other marine
life. If left unchecked, these conditions will increase in frequency
and will spread to other areas of Puget Sound.
(3) The legislature finds that the current system of governance for
protection and restoration of Puget Sound is highly fragmented. Twelve
counties, more than one hundred cities, seventeen tribes, numerous
state and federal agencies, as well as hundreds of special purpose
governmental units have responsibilities for managing land use and
other actions that benefit or diminish the quality of the environment.
Private organizations, business, and citizens are also taking actions
that both benefit and harm the rich natural resources of the region.
The legislature recognizes that all levels of government need to work
together in partnership with the public, tribes, nongovernmental
organizations, and the private sector to ensure that Puget Sound will
be a thriving natural system, with clean marine and freshwaters; clean
sediments; healthy and abundant native species; natural shorelines and
places for public enjoyment; and a vibrant economy that prospers in
productive harmony with a healthy Puget Sound.
(4) The legislature intends for the Puget Sound partnership to
define a strategic, basin-wide plan that prioritizes necessary actions,
and create an approach that addresses all of the complex connections
among the land, water, web of species, and human needs.
(5) The legislature finds that immediate and concerted action is
needed to save the national treasure that is Puget Sound, and that we
must fundamentally change our approach toward restoring the health of
Puget Sound. To this end, the Puget Sound partnership is tasked with
using, supporting, building upon, and unifying the existing efforts
from organizations and from all levels of government.
(6) The legislature finds that leadership, accountability,
government transparency, thoughtful and responsible spending of public
funds, and public involvement are integral to success. To achieve this
success, the legislature intends to task the Puget Sound partnership
with coordinating and leading the Puget Sound restoration effort,
determining accountability for performance, overseeing the efficiency
and effectiveness of money spent, educating and engaging the public,
and tracking and reporting results to the legislature, the governor,
and the public.
(7) The legislature intends that the Puget Sound partnership not
have regulatory authority, nor authority to transfer the responsibility
for, or implementation of, any state regulatory program, unless
otherwise specifically authorized by the legislature. The legislature
further recognizes that adequate funding is necessary to ensure Puget
Sound restoration and protection. The Puget Sound partnership is
tasked with supporting local governments and organizations by aiding,
funding, and improving upon their existing efforts, by respecting local
governments' authorities, and by identifying, funding, and closing the
gaps in the collective efforts.
(8) The legislature intends the Puget Sound partnership to create
an action agenda based on science that includes clear, measurable goals
for the recovery of Puget Sound by 2020. The action agenda will
prioritize necessary actions, both across the Sound and within specific
geographical areas, such as Hood Canal.
(9) To this end, it is the goal of the state of Washington that the
health of Puget Sound be restored by 2020.
NEW SECTION. Sec. 102
(1) "2020 plan" means the Puget Sound management plan as it exists
on the effective date of this section and as it is modified in the
future.
(2) "Action agenda" means the biennial work plan to implement the
2020 plan as required in section 112 of this act.
(3) "Action area" means the geographic areas delineated as provided
in section 109 of this act.
(4) "Action area coordinator" means an entity recognized by the
council under section 110 of this act.
(5) "Benchmarks" means scientific standards that can be measured.
(6) "Council" means the leadership council.
(7) "Ecosystem work group" means the interagency body created in
section 111 of this act.
(8) "Environmental indicator" means a physical, biological, or
chemical measurement, statistic, or value that provides a proximate
gauge, or evidence of, the state or condition of Puget Sound.
(9) "Nearshore" means the area beginning at the crest of coastal
bluffs and extending seaward through the marine photics zone, and to
the head of tide in coastal rivers and streams. "Nearshore" also means
both shoreline and estuaries
(10) "Panel" means the Puget Sound science panel.
(11) "Partnership" means the Puget Sound partnership.
(12) "Puget Sound" means Puget Sound and related inland marine
waters, 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, and the rivers and streams draining to Puget Sound as
mapped by water resource inventory areas 1 through 19 in WAC 173-500-040 as it exists on the effective date of this section.
(13) "Watershed groups" means all groups sponsoring or
administering watershed programs, including but not limited to local
governments, private sector entities, watershed planning units,
watershed councils, regional fishery enhancement groups, marine
resource committees, and watershed lead entities.
(14) "Watershed programs" means and includes all watershed-level
plans, programs, projects, and activities that relate to or may
contribute to the protection or restoration of Puget Sound waters.
Such programs include jurisdiction-wide programs regardless of whether
more than one watershed is addressed.
NEW SECTION. Sec. 103
(2) The partnership shall be led by a leadership council consisting
of seven citizen members appointed by the governor with the advice and
consent of the senate and one ex officio member. The regional
administrator of the United States environmental protection agency
shall be invited to serve as an ex officio voting member. The ex
officio member may designate a person to act in his or her stead when
unable to attend a meeting. The governor shall appoint members who are
publicly respected and influential, and who have a significant history
of success on major public policy and management issues, as well as a
keen interest in the environmental and economic prosperity of Puget
Sound. A member may not have a direct financial interest in any
contract, grant, or other funding provided for the implementation of
the 2020 plan or action agenda. The governor shall designate one
member to serve as chair. Three of the appointed initial members shall
be appointed for a term of two years, two for a term of three years,
and two for a term of four years. Their successors shall be appointed
for terms of four years each, except that any person chosen to fill a
vacancy shall be appointed only for the unexpired term of the member
whom he or she succeeds. Councilmembers are eligible for
reappointment. Any member of the council may be removed by the
governor for cause.
(3) The leadership council shall be responsible to the governor,
the legislature, and the public for leading the recovery of Puget Sound
and achieving results.
(4) The leadership council shall have the power and duty to:
(a) Provide overall leadership and have overall responsibility for
the functions of the partnership and make final decisions for the
partnership;
(b) Develop, approve, revise, and oversee implementation and
adaptive management of the Puget Sound 2020 plan and the biennial
action agenda;
(c) Submit to the governor and the appropriate fiscal and policy
committees of the senate and house of representatives a biennial action
agenda with an accompanying biennial budget request;
(d) Allocate funds appropriated to the partnership;
(e) Review the existing responsibilities of state and local
governmental agencies, review the compliance with existing regulatory
requirements by state and local government, review and report progress
in implementing the 2020 plan and action agenda, including actions
inconsistent with plan obligations, as provided in sections 113 through
117 of this act, and make recommendations to improve the effectiveness
of the programs as they relate to the 2020 plan and action agenda;
(f) Review current available funding, identify if adequate funding
exists for fulfilling existing regulatory requirements, and develop a
strategy to secure adequate funding;
(g) Adopt procedural rules, in accordance with chapter 34.05 RCW,
necessary or appropriate to implement this chapter;
(h) Delineate action areas and recognize area coordinating
entities, as provided in sections 109 and 110 of this act;
(i) Incorporate approved elements of action area plans into the
2020 plan and biennial action agenda, and assist and track
implementation of these plans;
(j) Appoint members of the panel, as provided in section 105 of
this act;
(k) Create work groups, subcommittees, advisory committees, and
nonprofit corporations, as appropriate to assist the council;
(l) Enter into, amend, and terminate contracts with individuals,
corporations, or research institutions to effectuate the purposes of
this chapter;
(m) Make grants to governmental and nongovernmental entities to
effectuate the purposes of this chapter;
(n) Receive such gifts, grants, and endowments, in trust or
otherwise, for the use and benefit of the partnership to effectuate the
purposes of this chapter. The partnership may expend the same or any
income therefrom according to the terms of the gifts, grants, and
endowments;
(o) Promote extensive public awareness, education, and
participation in Puget Sound protection and recovery and participate in
a private-public partnership focused on public education and engagement
to effectuate the goals in this chapter;
(p) Receive and expend funding from other public agencies;
(q) Develop and implement a formal process to review and address
citizen concerns regarding developing and implementing the 2020 plan
and action agenda, and accountability for funding and actions that are
consistent or inconsistent with the requirements of the action agenda;
(r) Schedule council meetings periodically in the various areas of
Puget Sound at locations convenient for public participation. Each
meeting shall include receipt of public comment on council activities.
The council shall also work to include in each meeting a discussion of
actions implementing the 2020 plan and actions or lack of action that
impede plan implementation; and
(s) Serve as the regional recovery organization for purposes of
chapter 77.85 RCW for Puget Sound salmon recovery as provided in RCW
77.85.090.
(5) The council may delegate functions to the chair and to the
executive director. The council may not delegate its decisional
authority regarding developing or amending the action agenda, and
issuing progress reports required under subsection (4) of this section.
(6) The council shall work closely with existing organizations and
all levels of government to ensure that the action agenda and its
implementation are scientifically sound, efficient, and achieve
necessary results, and that adequate funding is provided to state
agencies and local governments to develop, coordinate, and implement
the action agenda. The council shall work through recognized area
coordinating entities as the principal liaison with existing
organizations within an action area.
(7) When working with federally recognized Indian tribes to develop
and implement the action agenda, the council shall conform to the
procedures and standards required in a government-to-governmental
relationship with tribes under the 1989 Centennial Accord between the
state of Washington and the sovereign tribal governments in the state
of Washington.
(8) The partnership is designated as the lead state agency for the
allocation of federal funds provided to the state for the restoration
of Puget Sound. Such funds shall be allocated in conformance with the
2020 plan and action agenda, subject to any condition or limitation
provided upon the receipt or expenditure of federal funds.
(9) Members of the council shall be compensated in accordance with
RCW 43.03.220 and be reimbursed for travel expenses in accordance with
RCW 43.03.050 and 43.03.060.
NEW SECTION. Sec. 104
(2) The council shall recommend a list of not less than three
candidates for appointment as executive director by the governor. The
governor shall appoint an executive director from the list of
candidates. The council and governor shall jointly conduct an annual
performance evaluation of the executive director. The executive
director serves at the pleasure of the governor, and may be dismissed
by the governor upon consultation with the council. The salary of the
executive director shall be set by the governor.
(3) The executive director has the following powers and duties:
(a) To supervise the administration of the Puget Sound partnership
and its staff;
(b) To administer the partnership programs and budget;
(c) To assist the council to prepare and update the Puget Sound
2020 plan, in consultation with the panel;
(d) To assist the action area coordinators, the panel, and the
ecosystem work group to develop their components of the biennial action
agenda;
(e) To produce and distribute a strategic science program as
described in section 105 of this act, in consultation with the panel
and with the approval of the council;
(f) To produce and distribute a biennial science work plan as
described in section 105 of this act, in consultation with the panel
and with the approval of the council;
(g) To produce and distribute a biennial state of the Sound report,
with the assistance of the panel and the approval of the council, that
incorporates a scientific assessment of the health of Puget Sound and
the state of its marine life, habitats, water quality, and climate.
Until the panel develops new indicators, those indicators used in the
2007 state of the Sound report shall be used;
(h) To identify successful science-based projects that improve
Puget Sound that have been undertaken by local governments, disseminate
them to other local governments, and encourage their replication;
(i) To represent and promote the interests of the state on Puget
Sound recovery issues and further the mission of the partnership;
(j) Upon approval of the council, to enter into contracts and
agreements with private nonprofit corporations to further preserving,
conserving, and enhancing the health of Puget Sound for its ecological
value and public benefit and use;
(k) To appoint such technical and other committees as may be
necessary to carry out the purposes of this chapter;
(l) To create and maintain a repository for data, studies,
research, and other information relating to Puget Sound health in the
state, and to encourage the interchange of such information; and
(m) To encourage and provide opportunities for interagency and
regional coordination and cooperative efforts between public agencies
and between public and private entities involved in the recovery and
preservation of Puget Sound.
(4) The executive director shall employ a staff, who shall be state
employees under Title 41 RCW. The executive director shall prescribe
the duties of the staff as may be necessary to implement the purposes
of this chapter.
NEW SECTION. Sec. 105
(2) By November 1, 2007, the council shall solicit nominations of
candidate scientists with recognized expertise in the fields essential
to Puget Sound recovery, including water quality, wetlands, species
recovery, environmental toxicology, geology, ecology, biology,
limnology, wildlife management, environmental engineering, civil
engineering, hydrology, oceanography, environmental economics, and
social sciences. The solicitation should be to all sectors, and
candidates may be from all public and private sectors. Candidates must
disclose any financial relationship with any leadership council member,
and disclose sources of current financial support and contracts
relating to Puget Sound recovery.
(3) The council shall submit the nominations to the Washington
state academy of sciences created in chapter 70.220 RCW for screening.
The academy shall review the nominations and report its findings and
recommendations to the council.
(4) Thereafter, the council shall select not more than fifteen
candidates to serve on the panel. The council shall complete the
selection of the panel members by January 1, 2008.
(5) The panel shall select a chair and a vice-chair. Panel members
shall serve four-year terms, except that the panel shall determine
initial terms of two, three, four, and five years to provide for
staggered terms. The panel shall determine reappointments and select
replacements or additional members of the panel. No panel member may
serve longer than twelve years.
(6) The executive director of the partnership shall provide staff
to the panel at least until July 1, 2009. It is the intent of the
legislature to ensure ongoing funding for staffing of the panel as an
independent entity. The panel shall provide to the council a proposal
for the structure and funding of the staffing and administration of the
panel independent from that of the partnership, by October 1, 2008.
The council shall forward to the governor for inclusion in the 2009-2011 biennial budget a proposal for staffing and administration of the
panel that is independent of the partnership.
(7) The executive director of the partnership and the science panel
shall explore a shared state and federal responsibility for the
staffing and administration of the panel. In the event that a
federally sponsored office of Puget Sound recovery is created, the
council may propose that such office provide for staffing and
administration of the panel.
(8) The panel to the maximum extent possible should seek to
integrate the state-sponsored Puget Sound science program with the
Puget Sound science activities of federal agencies, including working
toward an integrated research agenda and Puget Sound science work plan.
(9) By July 31, 2008, the panel shall identify environmental
indicators of the health of Puget Sound, and shall establish
environmental benchmarks that need to be achieved to meet the goals of
a healthy Puget Sound by 2020. The council shall confer with the panel
on incorporating the benchmarks into the 2020 plan.
(10) The panel shall assist the council in developing and revising
the action agenda, including making recommendations to the council for
updates or revisions.
(11) The panel shall develop an ecosystem level strategic science
program for incorporation by the council into the 2020 plan and
biennial action agenda. The program should include:
(a) Continuation of the Puget Sound assessment and monitoring
program established in the Puget Sound management plan, as provided in
RCW 90.71.060, and cooperation with other entities in other regional
monitoring programs;
(b) Additional provisions of the research and modeling program to
be included as an element of the action agenda;
(c) A monitoring program, including baselines, protocols,
guidelines, and quantifiable performance measures.
(12) The panel shall assist the executive director in preparing a
biennial science work plan for inclusion in the action agenda. The
plan shall include but not be limited to:
(a) Identification of recommendations from scientific and technical
reports relating to Puget Sound;
(b) A description of the Puget Sound-related activities being
conducted in the region;
(c) Identification of specific biennial science work to be done
over the course of the work plan; and
(d) Recommendations for improvements to the ongoing science work in
Puget Sound.
(13) The panel shall prepare a Puget Sound science update. The
update shall describe the current scientific understanding of the
physical attributes of Puget Sound. The update shall serve as the
scientific basis for the refinement of environmental indicators of the
health of Puget Sound and the status and trends of those indicators
within an ecosystem framework.
(14) Members of the panel shall be reimbursed for travel expenses
under RCW 43.03.050 and 43.03.060, and based upon the availability of
funds, the council may contract with members of the panel for
compensation for their services under chapter 39.29 RCW. If appointees
to the committee are employed by the federal, state, tribal, or local
governments, the council may enter into interagency personnel
agreements.
Sec. 106 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)) executive director, under guidance from the panel,
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 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 shall develop and track quantifiable
performance measures)) environmental indicators. The environmental
indicators and benchmarks established by the council and the panel
shall be monitored and evaluated in a manner 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 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 health. State agencies shall 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. 107
(a) A healthy human population supported by a healthy Puget Sound
that is not threatened by changes in the ecosystem;
(b) A quality of human life that is sustained by a functioning
Puget Sound ecosystem;
(c) Healthy and sustaining populations of native species in Puget
Sound, including a robust food web;
(d) A healthy Puget Sound where freshwater, estuary, nearshore,
marine, and upland habitats are protected, restored, and sustained;
(e) An ecosystem that is supported by ground water levels as well
as river and stream flow levels sufficient to sustain people, fish, and
wildlife, and the natural functions of the environment;
(f) Fresh and marine waters and sediments that meet state standards
and that are of a sufficient quality so that the waters in the region
are safe for drinking, swimming, shellfish harvest and consumption, and
other human uses and enjoyment, and are not harmful to the native or
established marine mammals, fish, birds, shellfish, and other biota of
the region.
(2) The following are the essential objectives to be addressed in
the 2020 plan and action agenda for achieving the goals in subsection
(1) of this section:
(a) Protect existing habitat and prevent further losses;
(b) Restore habitat functions and values;
(c) Significantly reduce toxics entering Puget Sound fresh and
marine waters;
(d) Significantly reduce nutrients and pathogens entering Puget
Sound fresh and marine waters;
(e) Improve water quality and habitat by managing storm water
runoff;
(f) Provide water for people, fish and wildlife, and the
environment;
(g) Protect ecosystem biodiversity and recover imperiled species;
and
(h) Build and sustain the capacity for action.
(3) The plan and action agenda shall recognize that both population
growth in many communities on and near Puget Sound, as well as climate
change, will present significant challenges to the recovery of Puget
Sound, and the probability of impacts from both should be considered
and addressed in the development and implementation of the 2020 plan
and action agenda.
NEW SECTION. Sec. 108
NEW SECTION. Sec. 109
(2) The council shall organize the work of incorporating watershed
programs into the action agenda by delineating geographic subregions of
Puget Sound. One of the subregions shall be the Hood Canal aquatic
rehabilitation zone as established in RCW 90.88.010. The subregions
collectively shall cover all of Puget Sound and each subregion shall be
denominated a Puget Sound action area. The council shall make
geographic delineations based upon the characteristics of Puget Sound
considering the water flows and the physical structure of the bottom of
Puget Sound, as well as the commonality of interests and restoration
challenges presented in the various regions of the Sound.
(3) The executive director shall designate a member of the staff to
serve as the liaison to each action area. The area liaisons shall work
with the sponsors of relevant programs at the watershed and regional
level to identify and compile all of the relevant actions from these
programs into area action plans for consideration by the council. If
recognized by the council under section 110 of this act, the liaison
shall work with the area coordinating entity to carry out this
compilation. If no entity is recognized, the liaison shall form an
inclusive work group to carry out this compilation, and shall request
the participation at a minimum of each county, tribe, and each city
with a population exceeding fifty thousand people, and any cities
discharging storm water or treated municipal waste water to Puget Sound
or discharging to a tributary within ten river miles of the Sound.
(4) The compilation shall be assembled to identify the applicable
plan elements, projects, and programs, together with estimated budgets,
timelines, and proposed funding sources. The compilation may include
a prioritization among the plan elements, projects, and programs. In
order to provide the council an adequate opportunity to consider the
compilation for incorporation into the 2009-11 action agenda, the first
compilation should be transmitted to the council by July 1, 2008.
These plans shall subsequently be updated and submitted to the council
by July 1st of every even-numbered year through 2018.
NEW SECTION. Sec. 110
(2) The council shall determine whether to recognize an entity
based upon:
(a) The evidence of area-wide support for an entity proposed for
recognition, such as resolutions or letters of support from the
governing bodies of counties, cities, special purpose districts,
tribes, nongovernmental organizations, and the private sector,
implementing or participating in watershed programs in the area; and
(b) The demonstration of the entity's capacity to assist the
council in coordinating and integrating watershed programs in the
development and implementation of the action agenda.
(3) The council may provide financial and technical assistance to
a recognized entity or to watershed interests working to form an entity
proposed to be recognized as an area coordinating entity. The
assistance shall be provided through a memorandum of agreement setting
forth the activities of the entity in assisting the council in the
development and implementation of the action agenda. The council shall
include in its biennial budget request the needed funding to support
the work of area coordinating entities.
(4) Following compilation of existing watershed plans under section
109 of this act, an area coordinating entity serves to promote
coordination and integration of watershed plans that address the same
geographic areas and the same watershed health, water quality, species
recovery, and environmental restoration needs. The coordinator also
serves to advise the council on agenda implementation and revisions,
and to coordinate the recommendations of area jurisdictions and
interests regarding agenda implementation.
NEW SECTION. Sec. 111
(a) The commissioner of public lands, or the commissioner's
designee;
(b) The director of the department of ecology, or the director's
designee;
(c) The director of the department of fish and wildlife, or the
director's designee; and
(d) The chair of the salmon recovery funding board, or the chair's
designee.
(2) The chair shall invite the following to participate on the work
group:
(a) The departments of ecology, natural resources, fish and
wildlife, health, and community, trade, and economic development, the
conservation commission, and the salmon recovery funding board;
(b) Three representatives of tribal governments located in the
Puget Sound basin;
(c) The United States environmental protection agency, the United
States army corps of engineers, the national oceanic and atmospheric
administration, the United States forest service, and the United States
fish and wildlife service; and
(d) Up to three nongovernmental organizations implementing or
participating in ecosystem-level actions.
(3) The chair of the work group may also invite the participation
of counties, cities, port districts, or other jurisdictions with
significant shoreline and near-shore restoration and protection
programs.
(4) The primary purpose of the work group is to advise the council
by compiling and assembling a 2009-11 action agenda for ecosystem scale
restoration and protection plans relating to the Puget Sound basin for
the purpose of consideration by the council for incorporation into the
Puget Sound action agenda. The work group should work from plans such
as the Puget Sound near-shore estuary project, cleanup plans for
contaminated aquatic lands and shorelands, aquatic land management
plans by the department of natural resources, and other restoration and
protection plans. The work group should integrate ecosystem-scale
actions from the recovery plans and habitat conservation plans for
salmon, orca, and other species in Puget Sound listed under the federal
endangered species act. The work group shall integrate as a model the
federal assurances and agreements that implement the forests and fish
report adopted by chapter 4, Laws of 1999 sp. sess. The work group
should coordinate its compilation of ecosystem actions with that of the
compilation under section 109 of this act of watershed programs.
(5) The work group shall hold one or more public meetings in which
public comment and additional information may be submitted for
inclusion within the compilation.
(6) The work group shall submit the compilation to the council not
later than June 1, 2008.
(7) The work group shall serve as an ongoing advisory body to the
council regarding state and federal programs relating to Puget Sound
ecosystem-scale actions. The work group, upon request of the council,
shall provide advice on integrating existing plans into the Puget Sound
action agenda and implementing the agenda.
(8) This section, the work group, and its powers and duties expire
June 30, 2011.
NEW SECTION. Sec. 112
(a) Describe the problems affecting Puget Sound's health using
supporting scientific data;
(b) Set overall goals, measurable outcomes for each goal
specifically describing what will be achieved, how it will be
quantified, and how progress towards outcomes will be measured, and
time-bound benchmarks that will specify the milestones of that progress
needed to reach a healthy Puget Sound by 2020. The council shall
consult with the panel in developing these elements of the plan;
(c) Identify and prioritize the strategies necessary to restore and
protect the Puget Sound and to achieve the goals described in section
107 of this act; and
(d) Identify barriers to implementation and actions needed to
overcome the barriers to implementation.
(2) On a biennial basis, the action agenda shall:
(a) Identify and prioritize the actions necessary to implement the
2020 plan and achieve the goals, outcomes, and benchmarks of progress
identified in the 2020 plan;
(b) Identify the agency, entity, or person responsible for
completing the necessary action; and
(c) Establish near-term and long-term benchmarks that demonstrate
continuous progress toward achieving 2020 goals and describe how
progress is to be tracked through clear and quantifiable measures.
(3) The 2020 plan and action agenda shall also:
(a) Address all geographic areas of Puget Sound including upland
areas and tributary rivers and streams that affect Puget Sound, and
specific action agenda sections may address specific geographic areas
of Puget Sound;
(b) Evaluate the effectiveness and efficiency of the overall
management system for the improvement and maintenance of the health of
the Puget Sound ecosystem;
(c) Review, revise as needed, and incorporate as they are
developed, the panel's ecosystem goals and quantifiable measures;
(d) Integrate, where appropriate, provisions of water quality,
sediment quality, water quantity, watershed, marine resource, and other
watershed plans, relying primarily upon the integration achieved in
area action plans;
(e) Incorporate existing plans and agreements signed by the
governor, the commissioner of public lands, other state officials, or
by federal agencies, that clearly contribute to the protection and
restoration of Puget Sound, including agreements to implement the
forests and fish report adopted by chapter 4, Laws of 1999 sp. sess.;
(f) Incorporate the Puget Sound nearshore ecosystem restoration
project authorized by congress under Public Law 8-874, section 209 and
Public Law 106-60, with associated plans developed through the Puget
Sound nearshore partnership; and
(g) Incorporate the science work plan and actions necessary to
carry it out.
(4) By March 1, 2008, the council shall produce a draft 2020 plan
and adopt a final plan by September 1, 2008. The council shall provide
opportunity for public review and comment on the proposed 2020 plan and
subsequent revisions.
(5) By September 1, 2008, based on the work of the action area
coordinators and watershed and local interests, the ecosystem work
group, and the panel, the council shall adopt the 2009-11 action
agenda. After the adoption of the initial action agenda, the council
shall revise the action agenda on a biennial basis using an adaptive
management process informed by tracking actions and monitoring results
in the Puget Sound.
(6) The 2020 plan and action agenda shall be organized and
maintained in an accessible electronic format and facilitate public
accessibility to the plan.
NEW SECTION. Sec. 113
(a) Provide to the partnership by June 1st of each even-numbered
year their estimates of the actions and the level of effort needed for
the forthcoming biennium to meet the overall goals, outcomes, targets,
and benchmarks in the action agenda; and
(b) Work with the partnership in the development of its biennial
action agenda budget and seek consistency between the partnership's
budget and the agency budget to be submitted to the governor for
consideration in the governor's biennial budget request. The agencies
shall seek the concurrence of the partnership in the proposed funding
levels and sources included in this proposed budget.
(2) If a state agency submits an amount inconsistent with the
partnership as part of the agency's biennial budget request, the
partnership and state agency shall jointly identify the differences,
the reasons for these differences, and present this information to the
office of financial management by October 1st of each even-numbered
year.
(3) A state agency seeking federal funding for activities
implementing or affecting a provision of the plan shall seek and obtain
the comments of the partnership's executive director before submitting
the request or application to the federal government. The executive
director shall consult with the council chair and provide the comments
without delay. This subsection does not apply to continued federal
funding of programs in existence before the effective date of this
section.
NEW SECTION. Sec. 114
(2) The council shall be accountable for achieving the action
agenda. The council shall be accountable for all funds allocated to
the partnership, and shall report the expenditure of the funds and
results achieved in the progress reports required under section 117 of
this act.
(3) The council shall adopt measures to ensure that funds
appropriated for implementation of the action agenda and identified by
proviso in the omnibus appropriations act pursuant to RCW
43.88.030(1)(g) are expended in a manner that will achieve the intended
results. The council may establish performance measures for the
expenditures of the funds consistent with the responsibilities and
timelines under the action agenda, and require reporting and tracking
of funds expended. State agencies may incorporate applicable
provisions of the performance measures as conditions in their grant and
loan awards to nonstate agencies or organizations. The council may
adopt other measures, such as requiring interagency agreements
regarding the expenditure of provisoed Puget Sound funds, and
scheduling periodic management conferences with state agencies
implementing Puget Sound programs.
(4) Any entity that receives state funds to implement specific
elements of the 2020 plan and action agenda shall report annually to
the council on progress in completing its responsibilities and whether
expected results have been achieved within the timeframes specified in
the 2020 plan and action agenda. Where the council determines that an
entity has taken actions inconsistent with the 2020 plan and action
agenda or has failed to take actions required, the council may request
the office of financial management to withhold or rescind the subject
funds or other funds.
(5) The council shall review the actions of nonstate entities
undertaking implementation of specific elements of the action agenda.
If the council determines that an entity's actions are inconsistent
with the plan, the council shall offer technical assistance to the
entity for the purpose of bringing the entity into conformance with the
plan. The council shall include in the progress report required under
section 117 of this act the nonperformance of any entity and those
entities that refuse technical assistance under this section. The
report shall include a description of how the entity is not in
conformance and the basis for the nonconformance, including but not
limited to a lack of funding, a lack of legal authority, or conflicting
legal authority. The report shall also describe actions the council
took to try to bring the entity into conformance.
(6) The council shall conduct periodic management conferences with
state agencies regarding compliance with and enforcement of existing
laws. The results of the conferences shall be included in the progress
report required under section 117 of this act. The management
conference should include assessment of performance by the
administering agencies in seeking compliance with and enforcement of
the following existing laws:
(a) Water pollution control act, chapter 90.48 RCW;
(b) Shoreline management act, chapter 90.58 RCW;
(c) Growth management act, chapter 36.70A RCW;
(d) Oil and hazardous substance spill prevention and response act,
chapter 90.56 RCW;
(e) Model toxics control act, chapter 70.105D RCW;
(f) Hazardous waste management act, chapter 70.105 RCW;
(g) Hydraulic project approval act, chapter 77.55 RCW;
(h) Aquatic lands management, chapters 79.100, 79.105, 79.110,
79.115, 79.120, 79.125, 79.130, 79.135, and 79.140 RCW;
(i) Forest practices act, chapter 76.09 RCW; and
(j) The federal endangered species act, 16 U.S.C. Sec. 1531 et seq.
NEW SECTION. Sec. 115
(2) The council shall develop accountability measures for any
entity with responsibilities under the action agenda, to determine
compliance with the action agenda and achievements of the results
expected. The council shall also work with the entities themselves to
identify additional accountability measures, including positive
incentives and consequences for inaction.
(3) The council shall develop and submit to the legislature
recommendations to enhance and phase-in local government accountability
measures by September 20, 2008.
NEW SECTION. Sec. 116
(2) When the council identifies or has been informed of a conflict
among statutes or policies arising under this chapter and other
statutes, rules, ordinances, regulations, or policies that are relied
upon in implementing the 2020 plan, and the council determines that the
conflict prevents or hinders local government or state agency actions
needed to conform with the 2020 plan, the council shall make
recommendations to the agency, the governor, the legislature, the local
government, or other appropriate entity for addressing and resolving
the conflict.
NEW SECTION. Sec. 117
(a) Identify funding needs by plan element and identify the time
periods in which specific funding is needed;
(b) Address funding responsibilities among local, state, and
federal governments, as well as nongovernmental funding;
(c) Identify methods to secure stable and sufficient funding
throughout the time periods for plan implementation, including
proposals for new sources of funding to be dedicated to Puget Sound
protection and recovery; and
(d) Address funding needs to support the work of the 2020 plan and
action agenda development and coordination, including the action area
coordinators, the ecosystem work group, and the panel.
(2) Beginning November 1, 2009, the council shall report every two
years by November 1st to the governor, the legislature, and the public
on progress under the action agenda. The report shall include but is
not limited to:
(a) The comments by the panel, area coordinating entities, the
ecosystem work group, and citizens' concerns reviewed by the council as
provided in section 103 of this act;
(b) An assessment of whether entities that have received state
funds for specific actions under the action agenda have accomplished
expected results. If expected results are not achieved by an entity
receiving state funds, the council shall include recommendations to the
governor and the legislature other options to achieve plan-related
results with the same funds;
(c) A case study of at least one of the existing programs that
assesses that program's efficacy and expenditures devoted to Puget
Sound protection and recovery for consistency with the action agenda;
(d) Recommendations for funding necessary to maintain the timelines
in the 2020 plan, that supplement or update the recommendations made in
the 2008 report under subsection (1) of this section; and
(e) The council's recognition of individuals, businesses, and
governmental entities that have achieved exemplary success in
implementing elements of the 2020 plan. The council shall incorporate
descriptions of these successful actions into the partnership's public
outreach and involvement program materials.
(3) Where the council identifies deficiencies in existing statutory
authority to accomplish an element of the 2020 plan or action agenda,
the council shall provide its recommendations in the form of proposed
legislation to the governor and appropriate committees of the
legislature. Where the deficient authority is in federal law, the
council shall forward its recommendation to the governor and to the
appropriate committees of the legislature for consideration in
memorializing the congress to remedy the deficiency.
NEW SECTION. Sec. 118
(2) The audit shall include but not be limited to:
(a) A determination of the extent to which funds expended by the
partnership or provided in biennial budget acts expressly for
implementing the 2020 plan have contributed toward meeting the
scientific benchmarks and the recovery goals of the 2020 plan;
(b) A determination of the efficiency and effectiveness of the
partnership's oversight of action agenda implementation, based upon the
achievement of the objectives as measured by the established
environmental indicators and benchmarks; and
(c) Any recommendations for improvements in the partnership's
performance and structure, and to provide accountability for agenda
results by action entities.
(3) The partnership may use the audits as the basis for developing
changes to the 2020 plan and action agenda, and may submit any
recommendations requiring legislative policy or budgetary action to the
governor and to the appropriate committees of the senate and house of
representatives.
NEW SECTION. Sec. 119
(2)(a) All employees of the Puget Sound action team are transferred
to the jurisdiction of the Puget Sound partnership.
(b) All reports, documents, surveys, books, records, files, papers,
or written material in the possession of the Puget Sound action team
shall be delivered to the custody of the Puget Sound partnership. All
cabinets, furniture, office equipment, motor vehicles, and other
tangible property employed by the Puget Sound action team shall be made
available to the Puget Sound partnership. All funds, credits, or other
assets held by the Puget Sound action team shall be assigned to the
Puget Sound partnership.
(c) Any appropriations made to the Puget Sound action team shall,
on the effective date of this section, be transferred and credited to
the Puget Sound partnership.
(d) If any question arises as to the transfer of any personnel,
funds, books, documents, records, papers, files, equipment, or 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.
(3) All rules and all pending business before the Puget Sound
action team shall be continued and acted upon by the Puget Sound
partnership. All existing contracts and obligations shall remain in
full force and shall be performed by the Puget Sound partnership.
(4) The transfer of the powers, duties, functions, and personnel of
the Puget Sound action team shall not affect the validity of any act
performed before the effective date of this section.
(5) If apportionments of budgeted funds are required because of the
transfers directed by this section, the director of financial
management shall certify the apportionments to the agencies affected,
the state auditor, and the state treasurer. Each of these shall make
the appropriate transfer and adjustments in funds and appropriation
accounts and equipment records in accordance with the certification.
(6) Nothing contained in this section may be construed to alter any
existing collective bargaining unit or the provisions of any existing
collective bargaining agreement until the agreement has expired or
until the bargaining unit has been modified by action of the public
employment relations commission as provided by law.
NEW SECTION. Sec. 120
NEW SECTION. Sec. 121 Each state agency responsible for
implementing provisions of the Puget Sound action agenda developed
under section 108 of this act shall use its existing legal authorities
to the fullest extent possible to conform to the applicable
requirements and timelines of the agenda.
NEW SECTION. Sec. 122
Sec. 123 RCW 90.71.100 and 2001 c 273 s 3 are each amended to
read as follows:
(1) The ((action team)) department of health shall establish a
shellfish - on-site sewage grant program in Puget Sound and for Pacific
and Grays Harbor counties. The ((action team)) department of health
shall provide funds to local health jurisdictions to be used as grants
to individuals for improving their on-site sewage systems. The grants
may be provided only in areas that have the potential to adversely
affect water quality in commercial and recreational shellfish growing
areas. A recipient of a grant shall enter into an agreement with the
appropriate local health jurisdiction to maintain the improved on-site
sewage system according to specifications required by the local health
jurisdiction. The ((action team)) department of health shall work
closely with local health jurisdictions and shall endeavor to attain
geographic equity between Willapa Bay and the Puget Sound when making
funds available under this program. For the purposes of this
subsection, "geographic equity" means issuing on-site sewage grants at
a level that matches the funds generated from the oyster reserve lands
in that area.
(2) In the Puget Sound, the ((action team)) department of health
shall give first priority to areas that are:
(a) Identified as "areas of special concern" under WAC 246-272-01001; or
(b) Included within a shellfish protection district under chapter
90.72 RCW.
(3) In Grays Harbor and Pacific counties, the ((action team))
department of health shall give first priority to preventing the
deterioration of water quality in areas where commercial or
recreational shellfish are grown.
(4) The ((action team)) department of health and each participating
local health jurisdiction shall enter into a memorandum of
understanding that will establish an applicant income eligibility
requirement for individual grant applicants from within the
jurisdiction and other mutually agreeable terms and conditions of the
grant program.
(5) The ((action team)) department of health may recover the costs
to administer this program not to exceed ten percent of the shellfish
- on-site sewage grant program.
(((6) For the 2001-2003 biennium, the action team may use up to
fifty percent of the shellfish - on-site sewage grant program funds for
grants to local health jurisdictions to establish areas of special
concern under WAC 246-272-01001, or for operation and maintenance
programs therein, where commercial and recreational uses are present.))
NEW SECTION. Sec. 124 A new section is added to chapter 41.06
RCW to read as follows:
In addition to the exemptions under RCW 41.06.070, the provisions
of this chapter shall not apply in the Puget Sound partnership to the
executive director, one confidential secretary, and all professional
staff.
Sec. 125 RCW 43.17.010 and 2006 c 265 s 111 are each amended to
read as follows:
There shall be departments of the state government which shall be
known as (1) the department of social and health services, (2) the
department of ecology, (3) the department of labor and industries, (4)
the department of agriculture, (5) the department of fish and wildlife,
(6) the department of transportation, (7) the department of licensing,
(8) the department of general administration, (9) the department of
community, trade, and economic development, (10) the department of
veterans affairs, (11) the department of revenue, (12) the department
of retirement systems, (13) the department of corrections, (14) the
department of health, (15) the department of financial institutions,
(16) the department of archaeology and historic preservation, ((and))
(17) the department of early learning, and (18) the Puget Sound
partnership, which shall be charged with the execution, enforcement,
and administration of such laws, and invested with such powers and
required to perform such duties, as the legislature may provide.
Sec. 126 RCW 43.17.020 and 2006 c 265 s 112 are each amended to
read as follows:
There shall be a chief executive officer of each department to be
known as: (1) The secretary of social and health services, (2) the
director of ecology, (3) the director of labor and industries, (4) the
director of agriculture, (5) the director of fish and wildlife, (6) the
secretary of transportation, (7) the director of licensing, (8) the
director of general administration, (9) the director of community,
trade, and economic development, (10) the director of veterans affairs,
(11) the director of revenue, (12) the director of retirement systems,
(13) the secretary of corrections, (14) the secretary of health, (15)
the director of financial institutions, (16) the director of the
department of archaeology and historic preservation, ((and)) (17) the
director of early learning, and (18) the executive director of the
Puget Sound partnership.
Such officers, except the director of fish and wildlife, shall be
appointed by the governor, with the consent of the senate, and hold
office at the pleasure of the governor. The director of fish and
wildlife shall be appointed by the fish and wildlife commission as
prescribed by RCW 77.04.055.
Sec. 127 RCW 42.17.2401 and 2006 c 265 s 113 are each amended to
read as follows:
For the purposes of RCW 42.17.240, the term "executive state
officer" includes:
(1) The chief administrative law judge, the director of
agriculture, the administrator of the Washington basic health plan, the
director of the department of services for the blind, the director of
the state system of community and technical colleges, the director of
community, trade, and economic development, the secretary of
corrections, the director of early learning, the director of ecology,
the commissioner of employment security, the chair of the energy
facility site evaluation council, the secretary of the state finance
committee, the director of financial management, the director of fish
and wildlife, the executive secretary of the forest practices appeals
board, the director of the gambling commission, the director of general
administration, the secretary of health, the administrator of the
Washington state health care authority, the executive secretary of the
health care facilities authority, the executive secretary of the higher
education facilities authority, the executive secretary of the horse
racing commission, the executive secretary of the human rights
commission, the executive secretary of the indeterminate sentence
review board, the director of the department of information services,
the director of the interagency committee for outdoor recreation, the
executive director of the state investment board, the director of labor
and industries, the director of licensing, the director of the lottery
commission, the director of the office of minority and women's business
enterprises, the director of parks and recreation, the director of
personnel, the executive director of the public disclosure commission,
the executive director of the Puget Sound partnership, the director of
retirement systems, the director of revenue, the secretary of social
and health services, the chief of the Washington state patrol, the
executive secretary of the board of tax appeals, the secretary of
transportation, the secretary of the utilities and transportation
commission, the director of veterans affairs, the president of each of
the regional and state universities and the president of The Evergreen
State College, and each district and each campus president of each
state community college;
(2) Each professional staff member of the office of the governor;
(3) Each professional staff member of the legislature; and
(4) Central Washington University board of trustees, board of
trustees of each community college, each member of the state board for
community and technical colleges, state convention and trade center
board of directors, committee for deferred compensation, Eastern
Washington University board of trustees, Washington economic
development finance authority, The Evergreen State College board of
trustees, executive ethics board, forest practices appeals board,
forest practices board, gambling commission, life sciences discovery
fund authority board of trustees, Washington health care facilities
authority, each member of the Washington health services commission,
higher education coordinating board, higher education facilities
authority, horse racing commission, state housing finance commission,
human rights commission, indeterminate sentence review board, board of
industrial insurance appeals, information services board, interagency
committee for outdoor recreation, state investment board, commission on
judicial conduct, legislative ethics board, liquor control board,
lottery commission, marine oversight board, Pacific Northwest electric
power and conservation planning council, parks and recreation
commission, ((personnel appeals board,)) board of pilotage
commissioners, pollution control hearings board, public disclosure
commission, public pension commission, shorelines hearing board, public
employees' benefits board, salmon recovery funding board, board of tax
appeals, transportation commission, University of Washington board of
regents, utilities and transportation commission, Washington state
maritime commission, Washington personnel resources board, Washington
public power supply system executive board, Washington State University
board of regents, Western Washington University board of trustees, and
fish and wildlife commission.
NEW SECTION. Sec. 128 A new section is added to chapter 36.01
RCW to read as follows:
Each county responsible for implementing provisions of the Puget
Sound action agenda developed under section 108 of this act shall use
its existing legal authorities to the best of its ability when
implementing the applicable requirements and timelines of the Puget
Sound action agenda adopted under section 112 of this act.
NEW SECTION. Sec. 129 A new section is added to chapter 35.21
RCW to read as follows:
Each city responsible for implementing provisions of the Puget
Sound action agenda developed under section 108 of this act shall use
its existing legal authorities to the best of its ability when
implementing the applicable requirements and timelines of the Puget
Sound action agenda adopted under section 112 of this act.
NEW SECTION. Sec. 130 A new section is added to chapter 53.08
RCW to read as follows:
Each port district responsible for implementing provisions of the
Puget Sound action agenda developed under section 108 of this act shall
use its existing legal authorities to the best of its ability when
implementing the applicable requirements and timelines of the Puget
Sound action agenda adopted under section 112 of this act.
Sec. 131 RCW 77.85.090 and 2005 c 309 s 7 are each amended to
read as follows:
(1) The southwest Washington salmon recovery region, whose
boundaries are provided in chapter 60, Laws of 1998, is created.
(2) Lead entities within a salmon recovery region that agree to
form a regional salmon recovery organization may be recognized by the
salmon recovery office as a regional recovery organization. The
regional recovery organization may plan, coordinate, and monitor the
implementation of a regional recovery plan in accordance with RCW
77.85.150. Regional recovery organizations existing as of July 24,
2005, that have developed draft recovery plans approved by the
governor's salmon recovery office by July 1, 2005, may continue to
plan, coordinate, and monitor the implementation of regional recovery
plans.
(3) Beginning January 1, 2008, the leadership council, created
under chapter 90.71 RCW, shall serve as the regional salmon recovery
organization for Puget Sound salmon species. The Hood Canal
coordinating council under chapter 90.88 RCW serves as the regional
salmon recovery organization for the Hood Canal summer chum.
NEW SECTION. Sec. 201 The legislature finds that it is in the
public interest that state-assisted infrastructure projects in the
Puget Sound basin that relate to or affect Puget Sound's protection and
restoration be financed with a comprehensive understanding of
Sound-wide priorities and needs consistent with the goals and
objectives of the Puget Sound action agenda. The legislature further
finds that this may best be accomplished by integrating the Puget Sound
2020 plan's goals and objectives into existing financial assistance
programs, processes, and project ranking criteria. Therefore the
legislature intends to provide initial steps for such integration in
three major public works grant and loan programs, and to direct a
comprehensive assessment of methods to achieve such integration in
these programs and other state infrastructure programs that affect
Puget Sound's protection and restoration.
Sec. 202 RCW 43.155.020 and 2001 c 131 s 1 are each amended to
read as follows:
Unless the context clearly requires otherwise, the definitions in
this section shall apply throughout this chapter.
(1) "Board" means the public works board created in RCW 43.155.030.
(2) "Capital facility plan" means a capital facility plan required
by the growth management act under chapter 36.70A RCW or, for local
governments not fully planning under the growth management act, a plan
required by the public works board.
(3) "Council" means the Puget Sound partnership's leadership
council created in section 103 of this act.
(4) "Department" means the department of community, trade, and
economic development.
(((4))) (5) "Financing guarantees" means the pledge of money in the
public works assistance account, or money to be received by the public
works assistance account, to the repayment of all or a portion of the
principal of or interest on obligations issued by local governments to
finance public works projects.
(((5))) (6) "Local governments" means cities, towns, counties,
special purpose districts, and any other municipal corporations or
quasi-municipal corporations in the state excluding school districts
and port districts.
(((6))) (7) "Public works project" means a project of a local
government for the planning, acquisition, construction, repair,
reconstruction, replacement, rehabilitation, or improvement of streets
and roads, bridges, water systems, or storm and sanitary sewage systems
and solid waste facilities, including recycling facilities. A planning
project may include the compilation of biological, hydrological, or
other data on a county, drainage basin, or region necessary to develop
a base of information for a capital facility plan.
(((7))) (8) "Puget Sound applications" means those applications for
funding of public works projects located within water resource
inventory areas 1 through 19 in WAC 173-500-040 as it exists on the
effective date of this section.
(9) "Puget Sound 2020 plan" means the plan for the protection and
restoration of Puget Sound required by section 112 of this act.
(10) "Solid waste or recycling project" means remedial actions
necessary to bring abandoned or closed landfills into compliance with
regulatory requirements and the repair, restoration, and replacement of
existing solid waste transfer, recycling facilities, and landfill
projects limited to the opening of landfill cells that are in existing
and permitted landfills.
(((8))) (11) "Technical assistance" means training and other
services provided to local governments to: (a) Help such local
governments plan, apply, and qualify for loans and financing guarantees
from the board, and (b) help local governments improve their ability to
plan for, finance, acquire, construct, repair, replace, rehabilitate,
and maintain public facilities.
Sec. 203 RCW 43.155.070 and 2001 c 131 s 5 are each amended to
read as follows:
(1) To qualify for loans or pledges under this chapter the board
must determine that a local government meets all of the following
conditions:
(a) The city or county must be imposing a tax under chapter 82.46
RCW at a rate of at least one-quarter of one percent;
(b) The local government must have developed a capital facility
plan; and
(c) The local government must be using all local revenue sources
which are reasonably available for funding public works, taking into
consideration local employment and economic factors.
(2) Except where necessary to address a public health need or
substantial environmental degradation, a county, city, or town planning
under RCW 36.70A.040 must have adopted a comprehensive plan, including
a capital facilities plan element, and development regulations as
required by RCW 36.70A.040. This subsection does not require any
county, city, or town planning under RCW 36.70A.040 to adopt a
comprehensive plan or development regulations before requesting or
receiving a loan or loan guarantee under this chapter if such request
is made before the expiration of the time periods specified in RCW
36.70A.040. A county, city, or town planning under RCW 36.70A.040
which has not adopted a comprehensive plan and development regulations
within the time periods specified in RCW 36.70A.040 is not prohibited
from receiving a loan or loan guarantee under this chapter if the
comprehensive plan and development regulations are adopted as required
by RCW 36.70A.040 before submitting a request for a loan or loan
guarantee.
(3) In considering awarding loans for public facilities to special
districts requesting funding for a proposed facility located in a
county, city, or town planning under RCW 36.70A.040, the board shall
consider whether the county, city, or town planning under RCW
36.70A.040 in whose planning jurisdiction the proposed facility is
located has adopted a comprehensive plan and development regulations as
required by RCW 36.70A.040.
(4) The board shall develop a priority process for public works
projects as provided in this section. The intent of the priority
process is to maximize the value of public works projects accomplished
with assistance under this chapter. The board shall attempt to assure
a geographical balance in assigning priorities to projects. The board
shall consider at least the following factors in assigning a priority
to a project:
(a) Whether the local government receiving assistance has
experienced severe fiscal distress resulting from natural disaster or
emergency public works needs;
(b) The evaluation of Puget Sound applications under section 204 of
this act, and the recommendations of the council regarding Puget Sound
applications;
(c) Whether the project is critical in nature and would affect the
health and safety of a great number of citizens;
(((c))) (d) The cost of the project compared to the size of the
local government and amount of loan money available;
(((d))) (e) The number of communities served by or funding the
project;
(((e))) (f) Whether the project is located in an area of high
unemployment, compared to the average state unemployment;
(((f))) (g) Whether the project is the acquisition, expansion,
improvement, or renovation by a local government of a public water
system that is in violation of health and safety standards, including
the cost of extending existing service to such a system;
(((g))) (h) The relative benefit of the project to the community,
considering the present level of economic activity in the community and
the existing local capacity to increase local economic activity in
communities that have low economic growth; and
(((h))) (i) Other criteria that the board considers advisable.
(5) Existing debt or financial obligations of local governments
shall not be refinanced under this chapter. Each local government
applicant shall provide documentation of attempts to secure additional
local or other sources of funding for each public works project for
which financial assistance is sought under this chapter.
(6) Before November 1st of each year, the board shall develop and
submit to the appropriate fiscal committees of the senate and house of
representatives a description of the loans made under RCW 43.155.065,
43.155.068, and subsection (9) of this section during the preceding
fiscal year and a prioritized list of projects which are recommended
for funding by the legislature, including one copy to the staff of each
of the committees. The list shall include, but not be limited to, a
description of each project and recommended financing, the terms and
conditions of the loan or financial guarantee, the local government
jurisdiction and unemployment rate, demonstration of the jurisdiction's
critical need for the project and documentation of local funds being
used to finance the public works project. The list shall also include
measures of fiscal capacity for each jurisdiction recommended for
financial assistance, compared to authorized limits and state averages,
including local government sales taxes; real estate excise taxes;
property taxes; and charges for or taxes on sewerage, water, garbage,
and other utilities.
(7) The board shall not sign contracts or otherwise financially
obligate funds from the public works assistance account before the
legislature has appropriated funds for a specific list of public works
projects. The legislature may remove projects from the list
recommended by the board. The legislature shall not change the order
of the priorities recommended for funding by the board.
(8) Subsection (7) of this section does not apply to loans made
under RCW 43.155.065, 43.155.068, and subsection (9) of this section.
(9) Loans made for the purpose of capital facilities plans shall be
exempted from subsection (7) of this section.
(10) To qualify for loans or pledges for solid waste or recycling
facilities under this chapter, a city or county must demonstrate that
the solid waste or recycling facility is consistent with and necessary
to implement the comprehensive solid waste management plan adopted by
the city or county under chapter 70.95 RCW.
NEW SECTION. Sec. 204 A new section is added to chapter 43.155
RCW to read as follows:
(1) The board shall include at least one evaluator from the council
staff to participate in the board's evaluation team for the evaluation
of Puget Sound sanitary and storm sewer project applications and the
development of a prioritized list of projects to recommend for funding
from the account.
(2) The board shall provide the evaluation team's evaluations and
award proposals to the council for review. If the council determines
that the award proposals are inconsistent with the priorities and
provisions of the Puget Sound 2020 plan, the council shall provide its
recommendations to the board for its consideration before adopting a
funding list for recommendation to the legislature. If the board
determines to fund a proposal that the council has found inconsistent
with the priorities of the action agenda, the board shall provide the
council its reasons.
(3) The board and council shall collaborate in reviewing the
board's eligibility and evaluation criteria to ensure consistency with
the goals and objectives of the Puget Sound 2020 plan.
Sec. 205 RCW 70.146.020 and 1995 2nd sp.s. c 18 s 920 are each
amended to read as follows:
((Unless the context clearly requires otherwise,)) The definitions
in this section apply throughout this chapter unless the context
clearly requires otherwise.
(1) "Account" means the water quality account in the state
treasury.
(2) "Council" means the Puget Sound partnership's leadership
council created in section 103 of this act.
(3) "Department" means the department of ecology.
(((3))) (4) "Eligible cost" means the cost of that portion of a
water pollution control facility that can be financed under this
chapter excluding any portion of a facility's cost attributable to
capacity that is in excess of that reasonably required to address one
hundred ten percent of the applicant's needs for water pollution
control existing at the time application is submitted for assistance
under this chapter.
(((4))) (5) "Puget Sound 2020 plan" means the plan for the
protection and restoration of Puget Sound required by section 112 of
this act.
(6) "Puget Sound applications" means those applications for funding
of water pollution control facilities and activities located within
water resource inventory areas 1 through 19 in WAC 173-500-040 as it
exists on the effective date of this section.
(7) "Water pollution control facility" or "facilities" means any
facilities or systems for the control, collection, storage, treatment,
disposal, or recycling of wastewater, including but not limited to
sanitary sewage, storm water, residential, commercial, industrial, and
agricultural wastes, which are causing water quality degradation due to
concentrations of conventional, nonconventional, or toxic pollutants.
Water pollution control facilities include all equipment, utilities,
structures, real property, and interests in and improvements on real
property necessary for or incidental to such purpose. Water pollution
control facilities also include such facilities, equipment, and
collection systems as are necessary to protect federally designated
sole source aquifers. "Water pollution control facilities" also
includes facilities or systems that treat storm water discharges or
delay peak storm water runoff, such as low-impact development projects.
(((5))) (8) "Water pollution control activities" means actions
taken by a public body for the following purposes: (a) To prevent or
mitigate pollution of underground water; (b) to control nonpoint
sources of water pollution; (c) to restore the water quality of fresh
water lakes; and (d) to maintain or improve water quality through the
use of water pollution control facilities or other means. ((During the
1995-1997 fiscal biennium, "water pollution control activities"
includes activities by state agencies to protect public drinking water
supplies and sources.)) (9) "Public body" means the state of Washington or any
agency, county, city or town, conservation district, other political
subdivision, municipal corporation, quasi-municipal corporation, and
those Indian tribes now or hereafter recognized as such by the federal
government.
(6)
(((7))) (10) "Water pollution" means such contamination, or other
alteration of the physical, chemical, or biological properties of any
waters of the state, including change in temperature, taste, color,
turbidity, or odor of the waters, or such discharge of any liquid,
gaseous, solid, radioactive, or other substance into any waters of the
state as will or is likely to create a nuisance or render such waters
harmful, detrimental, or injurious to the public health, safety, or
welfare, or to domestic, commercial, industrial, agricultural,
recreational, or other legitimate beneficial uses, or to livestock,
wild animals, birds, fish, or other aquatic life.
(((8))) (11) "Nonpoint source water pollution" means pollution that
enters any waters of the state from any dispersed water-based or land-use activities, including, but not limited to, atmospheric deposition,
surface water runoff from agricultural lands, urban areas, and forest
lands, subsurface or underground sources, and discharges from boats or
other marine vessels.
(((9))) (12) "Sole source aquifer" means the sole or principal
source of public drinking water for an area designated by the
administrator of the environmental protection agency pursuant to Public
Law 93-523, Sec. 1424(b).
Sec. 206 RCW 70.146.070 and 1999 c 164 s 603 are each amended to
read as follows:
(1) When making grants or loans for water pollution control
facilities, the department shall consider the following:
(a) The protection of water quality and public health;
(b) The cost to residential ratepayers if they had to finance water
pollution control facilities without state assistance;
(c) Actions required under federal and state permits and compliance
orders;
(d) The level of local fiscal effort by residential ratepayers
since 1972 in financing water pollution control facilities;
(e) The extent to which the applicant county or city, or if the
applicant is another public body, the extent to which the county or
city in which the applicant public body is located, has established
programs to mitigate nonpoint pollution of the surface or subterranean
water sought to be protected by the water pollution control facility
named in the application for state assistance; and
(f) The recommendations of the Puget Sound ((action team))
partnership provided under section 207 of this act and any other board,
council, commission, or group established by the legislature or a state
agency to study water pollution control issues in the state.
(2) Except where necessary to address a public health need or
substantial environmental degradation, a county, city, or town planning
under RCW 36.70A.040 may not receive a grant or loan for water
pollution control facilities unless it has adopted a comprehensive
plan, including a capital facilities plan element, and development
regulations as required by RCW 36.70A.040. This subsection does not
require any county, city, or town planning under RCW 36.70A.040 to
adopt a comprehensive plan or development regulations before requesting
or receiving a grant or loan under this chapter if such request is made
before the expiration of the time periods specified in RCW 36.70A.040.
A county, city, or town planning under RCW 36.70A.040 which has not
adopted a comprehensive plan and development regulations within the
time periods specified in RCW 36.70A.040 is not prohibited from
receiving a grant or loan under this chapter if the comprehensive plan
and development regulations are adopted as required by RCW 36.70A.040
before submitting a request for a grant or loan.
(3) Whenever the department is considering awarding grants or loans
for public facilities to special districts requesting funding for a
proposed facility located in a county, city, or town planning under RCW
36.70A.040, it shall consider whether the county, city, or town
planning under RCW 36.70A.040 in whose planning jurisdiction the
proposed facility is located has adopted a comprehensive plan and
development regulations as required by RCW 36.70A.040.
NEW SECTION. Sec. 207 A new section is added to chapter 70.146
RCW to read as follows:
(1) The department shall include at least one evaluator from the
council staff to participate in the department's evaluator work group
for the evaluation of Puget Sound applications and the award of grants
and loans to such applicants.
(2) The department shall provide the evaluator work group
evaluations and award proposals to the council for review. If the
council determines that the award proposals are inconsistent with the
priorities and provisions of the action agenda, the council shall
provide its recommendations to the department for its consideration
before making final award decisions. If the board determines to fund
a proposal that the council has found inconsistent with the priorities
of the action agenda, the board shall provide the council its reasons.
(3) The department and council shall collaborate in reviewing the
department's eligibility and rating criteria to ensure consistency with
the goals and objectives of the Puget Sound action agenda.
Sec. 208 RCW 90.50A.010 and 1988 c 284 s 2 are each amended to
read as follows:
((Unless the context clearly requires otherwise,)) The definitions
in this section apply throughout this chapter unless the context
clearly requires otherwise.
(1) "Council" means the Puget Sound partnership's leadership
council created in section 103 of this act.
(2) "Department" means the department of ecology.
(((2))) (3) "Eligible cost" means the cost of that portion of a
water pollution control facility or activity that can be financed under
this chapter.
(((3))) (4) "Fund" means the water pollution control revolving fund
in the custody of the state treasurer.
(((4))) (5) "Puget Sound 2020 plan" means the plan for the
protection and restoration of Puget Sound required by section 112 of
this act.
(6) "Puget Sound applications" means those applications for funding
of water pollution control facilities and activities located within
water resource inventory areas 1 through 19 in WAC 173-500-040 as it
exists on the effective date of this section.
(7) "Water pollution control facility" or "water pollution control
facilities" means any facilities or systems owned or operated by a
public body for the control, collection, storage, treatment, disposal,
or recycling of wastewater, including but not limited to sanitary
sewage, storm water, combined sewer overflows, residential, commercial,
industrial, and agricultural wastes, which are causing water quality
degradation due to concentrations of conventional, nonconventional, or
toxic pollutants. Water pollution control facilities include all
equipment, utilities, structures, real property, and interests in and
improvements on real property necessary for or incidental to such
purpose. Water pollution control facilities also include such
facilities, equipment, and collection systems as are necessary to
protect federally designated sole source aquifers. "Water pollution
control facilities" also includes facilities or systems that treat
storm water discharges or delay peak storm water runoff, such as low-impact development projects.
(((5))) (8) "Water pollution control activities" means actions
taken by a public body for the following purposes: (a) To control
nonpoint sources of water pollution; (b) to develop and implement a
comprehensive management plan for estuaries; and (c) to maintain or
improve water quality through the use of water pollution control
facilities or other means.
(((6))) (9) "Public body" means the state of Washington or any
agency, county, city or town, other political subdivision, municipal
corporation or quasi-municipal corporation, and those Indian tribes now
or hereafter recognized as such by the federal government.
(((7))) (10) "Water pollution" means such contamination, or other
alteration of the physical, chemical, or biological properties of any
waters of the state, including change in temperature, taste, color,
turbidity, or odor of the waters, or such discharge of any liquid,
gaseous, solid, radioactive, or other substance into any waters of the
state as will or is likely to create a nuisance or render such waters
harmful, detrimental, or injurious to the public health, safety, or
welfare, or to domestic, commercial, industrial, agricultural,
recreational, or other legitimate beneficial uses, or to livestock,
wild animals, birds, fish, or other aquatic life.
(((8))) (11) "Nonpoint source water pollution" means pollution that
enters any waters of the state from any dispersed water-based or land-use activities, including, but not limited to, atmospheric deposition,
surface water runoff from agricultural lands, urban areas, and forest
lands, subsurface or underground sources, and discharges from boats or
other marine vessels.
(((9))) (12) "Federal capitalization grants" means grants from the
federal government provided by the water quality act of 1987 (P.L. 100-4).
NEW SECTION. Sec. 209 A new section is added to chapter 90.50A
RCW to read as follows:
(1) The department shall include at least one evaluator from the
council staff to participate in the department's evaluator work group
for the evaluation of Puget Sound applications and the award of loans
to such applicants.
(2) The department and council shall collaborate in reviewing the
department's eligibility and rating criteria to ensure consistency with
the goals and objectives of the Puget Sound action agenda.
(3) The department shall provide the evaluator work group
evaluations and award proposals to the council for review. If the
council determines that the award proposals are inconsistent with the
priorities and provisions of the action agenda, the council shall
provide its recommendations to the department for its consideration
before making final award decisions. If the board determines to fund
a proposal that the council has found inconsistent with the priorities
of the action agenda, the board shall provide the council its reasons.
NEW SECTION. Sec. 301 (1) The Puget Sound partnership's
leadership council, created in section 103 of this act, shall review
the following state funding programs that provide state funding for
facilities and activities that may contribute to the implementation of
the Puget Sound agenda:
(a) The water quality account, chapter 70.146 RCW;
(b) The water pollution control revolving fund, chapter 90.50A RCW;
(c) The public works assistance account, chapter 43.155 RCW;
(d) The aquatic lands enhancement account, RCW 79.105.150;
(e) The state toxics control account and local toxics control
account and clean-up program, chapter 70.105D RCW;
(f) The acquisition of habitat conservation and outdoor recreation
land, chapter 79A.15 RCW;
(g) The salmon recovery funding board, RCW 77.85.110 through
77.85.150;
(h) The community economic revitalization board, chapter 43.160
RCW;
(i) Other state financial assistance to water quality-related
projects and activities; and
(j) Water quality financial assistance from federal programs
administered through state programs or provided directly to local
governments in the Puget Sound basin.
(2) The review shall be conducted in collaboration with the state
agencies that administer these programs.
(3) The council's review shall include but not be limited to:
(a) Conducting an overview of the program governing laws and
policies, the timelines of application processes and projects, existing
performance measures used, and the programming limitations and
restrictions;
(b) Determining the level of funding and types of projects and
activities funded through the programs that contribute to
implementation of the Puget Sound agenda;
(c) Evaluating the procedures and criteria in each program for
determining which projects and activities to fund, and their
relationship to the goals and priorities of the Puget Sound agenda;
(d) Assessing methods for ensuring that the goals and priorities of
the Puget Sound agenda are given priority when program funding
decisions are made regarding water quality-related projects and
activities in the Puget Sound basin and habitat-related projects and
activities in the Puget Sound basin;
(e) Modifying funding criteria so that projects, programs, and
activities that are inconsistent with the action agenda are ineligible
for funding;
(f) Assessing ways to incorporate a strategic funding approach for
the Puget Sound agenda within the outcome-focused performance measures
required by RCW 43.41.270 in administering natural resource-related and
environmentally based grant and loan programs;
(g) Assessing ways through the funding allocations for Puget Sound
to reflect the geographic areas of Puget Sound for cleanup emphasis
identified in the Puget Sound agenda;
(h) Evaluating the form of the assistance provided, such as low-interest and no-interest loans, grants, and technical assistance, and
which forms of assistance are more appropriate in accomplishing
different types of projects and activities needed for implementing the
Puget Sound agenda;
(i) Whether entities that are private or quasi-public in nature and
not now eligible to receive funding from the programs should be made
eligible to seek funding, and what conditions upon funding would ensure
that the public's interest in fiscal accountability and transparency in
the use of public funds is protected;
(j) Whether additional types of projects or activities should be
made eligible for funding where the projects or activities are
consistent with the primary purposes of the program and will also
contribute to implementation of the Puget Sound agenda;
(k) Whether state policies for the disposal, acquisition, or
development of state lands are compatible or contrary to the goals and
priorities of the Puget Sound agenda;
(l) The rigor of evaluation of project application in each program
regarding assumptions and estimations of project benefits, including
contributions toward implementation of the Puget Sound agenda; and
(m) Recommendations for improving the programs to further the Puget
Sound action agenda and to integrate the Puget Sound partnership in
project awards relating to or contributing to Puget Sound restoration
and protection.
(4) In addition to the review required in subsection (2) of this
section, the salmon recovery funding board and the council shall review
the roles of the board and the council in funding salmon recovery
projects and activities in Puget Sound. The board and council shall
include recommendations for integrating these activities to reduce
administrative costs of grant monitoring and to ensure that the
priorities for salmon recovery projects funded by the board and the
priorities of the 2020 plan and action agenda are aligned.
(5) The state agencies and boards administering the programs
specified in subsection (1) of this section shall cooperate in
providing to the council information as required for the council's
review. The council shall provide its recommendations in draft form to
each of the administering agencies and consider their comments prior to
finalizing the council's review and recommendations.
(6) By November 1, 2008, the council shall provide a preliminary
summary of its review and recommendations to the governor and
appropriate fiscal and policy committees of the senate and house of
representatives. By November 1, 2009, the council shall provide final
summary and recommendations, including proposed legislation to
implement the recommendation, to the governor and appropriate fiscal
and policy committees of the senate and house of representatives.
NEW SECTION. Sec. 302 RCW 90.71.005, 90.71.902, and 90.71.903
are each decodified.
NEW SECTION. Sec. 303 RCW 90.71.100 is recodified as a new
section in chapter 70.118 RCW.
NEW SECTION. Sec. 304 The following acts or parts of acts are
each repealed:
(1) RCW 90.71.010 (Definitions) and 1996 c 138 s 2;
(2) RCW 90.71.015 (Environmental excellence program agreements--Effect on chapter) and 1997 c 381 s 30;
(3) RCW 90.71.020 (Puget Sound action team) and 1998 c 246 s 14 &
1996 c 138 s 3;
(4) RCW 90.71.030 (Puget Sound council) and 1999 c 241 s 3 & 1996
c 138 s 4;
(5) RCW 90.71.040 (Chair of action team) and 1996 c 138 s 5;
(6) RCW 90.71.050 (Work plans) and 1998 c 246 s 15 & 1996 c 138 s
6;
(7) RCW 90.71.070 (Work plan implementation) and 1996 c 138 s 8;
(8) RCW 90.71.080 (Public participation) and 1996 c 138 s 9;
(9) RCW 90.71.900 (Short title -- 1996 c 138) and 1996 c 138 s 15;
and
(10) RCW 90.71.901 (Captions not law) and 1996 c 138 s 14.
NEW SECTION. Sec. 305 Sections 101 through 105 and 107 through
122 of this act are each added to chapter
NEW SECTION. Sec. 306 Sections 201 through 209 of this act take
effect July 1, 2008.
NEW SECTION. Sec. 307 Sections 101 through 131 and 301 through
304 of this act are necessary for the immediate preservation of the
public peace, health, or safety, or support of the state government and
its existing public institutions, and take effect July 1, 2007."
SSB 5372 -
By Senator Rockefeller
ADOPTED AS AMENDED 03/10/2007
On page 1, line 1 of the title, after "partnership;" strike the remainder of the title and insert "amending RCW 90.71.060, 90.71.100, 43.17.010, 43.17.020, 42.17.2401, 77.85.090, 43.155.020, 43.155.070, 70.146.020, 70.146.070, and 90.50A.010; adding new sections to chapter 90.71 RCW; adding a new section to chapter 41.06 RCW; adding a new section to chapter 36.01 RCW; adding a new section to chapter 35.21 RCW; adding a new section to chapter 53.08 RCW; adding a new section to chapter 43.155 RCW; adding a new section to chapter 70.146 RCW; adding a new section to chapter 90.50A RCW; adding a new section to chapter 70.118 RCW; creating new sections; recodifying RCW 90.71.100; decodifying RCW 90.71.005, 90.71.902, and 90.71.903; repealing RCW 90.71.010, 90.71.015, 90.71.020, 90.71.030, 90.71.040, 90.71.050, 90.71.070, 90.71.080, 90.71.900, and 90.71.901; providing effective dates; providing an expiration date; and declaring an emergency."