BILL REQ. #:  Z-0370.1 

Read first time 01/17/2007.   Referred to Committee on Select Committee on Puget Sound.

     AN ACT Relating to the Puget Sound partnership; amending RCW 90.71.005, 90.71.100, 43.17.010, 43.17.020, and 42.17.2401; adding a new section to chapter 41.06 RCW; adding a new section to chapter 77.85 RCW; adding new sections to chapter 90.71 RCW; adding a new section to chapter 70.118 RCW; recodifying RCW 90.71.100; decodifying RCW 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, 90.71.060, 90.71.070, 90.71.080, 90.71.900, and 90.71.901; providing an effective date; and declaring an emergency.

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

Sec. 1   RCW 90.71.005 and 1998 c 246 s 13 are each amended to read as follows:
     (1) The legislature finds that((:
     (a))) Puget Sound and related inland marine waterways ((of Washington state)), such as Hood Canal, and the lakes, rivers, and streams that flow to them represent a unique and unparalleled resource((.)) to the state of Washington with a rich and varied range of freshwater and marine organisms, comprising an interdependent, sensitive communal ecosystem ((reside in these sheltered waters)). Residents of this region enjoy a way of life centered around ((the)) these waters ((of Puget Sound)), featuring accessible recreational opportunities, world-class port facilities and water transportation systems, harvest of marine food resources, shoreline-oriented life styles, water-dependent industries, tourism, irreplaceable aesthetics, water for domestic, agricultural, and industrial uses, and other activities, all of which ((to some degree)) depend upon ((a)) clean and healthy marine and freshwater resources((;
     (b) The Puget Sound water quality authority has done an excellent job in developing a comprehensive plan to identify actions to restore and protect the biological health and diversity of Puget Sound;
     (c) The large number of governmental entities that now have regulatory programs affecting the water quality of Puget Sound have diverse interests and limited jurisdictions that cannot adequately address the cumulative, wide-ranging impacts that contribute to the degradation of Puget Sound; and
     (d) Coordination of the regulatory programs, at the state and local level, is best accomplished through the development of interagency mechanisms that allow these entities to transcend their diverse interests and limited jurisdictions.
     (2) It is therefore the policy of the state of Washington to coordinate the activities of state and local agencies by establishing a biennial work plan that clearly delineates state and local actions necessary to protect and restore the biological health and diversity of Puget Sound. It is further the policy of the state to implement the Puget Sound water quality management plan to the maximum extent possible. To further the policy of the state, a recovery plan developed under the federal endangered species act for a portion or all of the Puget Sound shall be considered for inclusion into the Puget Sound water quality management plan)).
     (2) All levels of government need to work together in partnership with the public, tribes, nongovernmental organizations, and the private sector to ensure that the Puget Sound will be a thriving natural system, with clean marine and freshwaters, 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.

NEW SECTION.  Sec. 2   DEFINITIONS. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Action agenda" 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) "Board" means the implementation advisory board.
     (3) "Committee" means the Puget Sound science advisory committee.
     (4) "Council" means the leadership council.
     (5) "Partnership" means the Puget Sound partnership.
     (6) "Puget Sound" means Puget Sound and related inland marine waterways, including all salt waters of the state of Washington inside the international boundary line between Washington and British Columbia, and lying east of the junction of the Pacific Ocean and the Strait of Juan de Fuca, 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.

NEW SECTION.  Sec. 3   PUGET SOUND PARTNERSHIP--LEADERSHIP COUNCIL. (1) An independent agency of state government to be known as the Puget Sound partnership is created.
     (2) The partnership shall be led by a leadership council consisting of seven members appointed by the governor with the advice and consent of the senate. The governor shall designate one member to serve as chair. Three of the 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.
     (3) 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 action agenda;
     (c) Allocate funds appropriated to the partnership;
     (d) Determine compliance with the action agenda;
     (e) Adopt procedural rules, in accordance with chapter 34.05 RCW, necessary to carry out the purposes of this chapter;
     (f) Apply the Washington's government management accountability and performance process or similar accountability process to all levels of government and any entity with responsibilities under the action agenda, to determine compliance with the action agenda and achievement of the results expected;
     (g) Provide annual progress reports to the governor and the legislature regarding the 2020 goals;
     (h) Appoint members of the implementation advisory board, as provided in section 5 of this act;
     (i) Appoint members of the science advisory committee, as provided in section 6 of this act;
     (j) Create subcommittees, advisory committees, and not-for-profit corporations, as appropriate to assist the council;
     (k) Enter into, amend, and terminate contracts with individuals, corporations, or research institutions to effectuate the purposes of this chapter;
     (l) Make grants to governmental and nongovernmental entities to effectuate the purposes of this chapter;
     (m) 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;
     (n) Promote extensive public awareness, education, and participation in Puget Sound protection and recovery;
     (o) Receive and expend funding from other public agencies;
     (p) Facilitate accountability and reporting obligations as set forth in section 11 of this act;
     (q) Develop a process to review and address citizen concerns regarding action agenda development, and accountability for funding and results under the action agenda;
     (r) Participate actively in a nongovernmental private-public partnership focused on public education, awareness, and promoting fund-raising opportunities, to effectuate the goals in this chapter;
     (s) Maintain complete and consolidated financial information to ensure all funds received and expended are tracked and accounted for; and
     (t) Serve as the regional recovery organization for purposes of chapter 77.85 RCW for Puget Sound salmon recovery.
     (4) The council may delegate functions to the chair and to the executive director, however the council may not delegate its decisional authority regarding developing or amending the action agenda, and issuing progress reports required under subsection (3) of this section.
     (5) 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.
     (6) 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.
     (7) 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. 4   PARTNERSHIP--EXECUTIVE DIRECTOR--POWERS AND DUTIES. (1) The partnership shall be administered by an executive director who serves as a critical communication link between all levels of government, the private sector, nongovernmental organizations, the council, the board, and the committee. The executive director shall be accountable to the council and the governor for effective communication, actions, and results.
     (2) The executive director shall be appointed by and serve at the pleasure of the governor, in consultation with the council. The governor shall consider the recommendations of the council when appointing the executive director. 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 administrative operations of the Puget Sound partnership and its staff;
     (b) To administer the partnership programs and budget;
     (c) To prepare and update the action agenda in accordance with the goals and guidelines established by the council and in consultation with the board;
     (d) To develop a strategic science program as described in section 6 of this act, in consultation with the committee;
     (e) To prepare a biennial science work plan as described in section 6 of this act, in consultation with the committee;
     (f) To develop, produce, and distribute a Puget Sound science update no less than every four years, in consultation with the committee;
     (g) To represent and promote the interests of the state on Puget Sound recovery issues and further the mission of the partnership;
     (h) Upon approval of the council, to enter into contracts and agreements with private nonprofit corporations to further state goals of preserving, conserving, and enhancing the health of Puget Sound for its ecological value and public benefit and use;
     (i) To appoint such technical and other committees as may be necessary to carry out the purposes of this chapter;
     (j) 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
     (k) 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. 5   IMPLEMENTATION ADVISORY BOARD. (1) The council shall appoint an implementation advisory board by October 1, 2007, consisting of, but not limited to:
     (a) At least twelve local government representatives selected by the local governments in each of the twelve counties of Puget Sound;
     (b) Representatives of state agencies;
     (c) Representatives of federal agencies;
     (d) At least three tribal government representatives, selected by Puget Sound tribes; and
     (e) Representatives from business; natural resource industries such as agriculture, aquaculture, and forestry; environmental organizations; and others deemed necessary.
     (2) In developing and implementing the action agenda under sections 8 and 9 of this act, the council and the executive director must confer with and solicit input from the board and, to the maximum extent possible, shall incorporate the recommendations of the board.
     (3) Members of the board shall be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.

NEW SECTION.  Sec. 6   PUGET SOUND SCIENCE ADVISORY COMMITTEE--SCIENCE WORK PLAN. (1) By January 31, 2008, the council shall create the Puget Sound science advisory committee to advise the council and the executive director in carrying out the obligations of the partnership. The committee shall consist of no more than fifteen members, appointed by the council based on nominations received from the board, one of whom shall be appointed as chair. Committee membership shall be representative of the technical experience and scientific disciplines needed to protect and recover the Puget Sound ecosystem. Members employed by federal, state, and local governments shall serve without additional pay. Other members shall be compensated in accordance with RCW 43.03.240 and shall be entitled to reimbursement for travel expenses incurred in performance of their duties as members of the committee in accordance with RCW 43.03.050 and 43.03.060.
     (2) The committee should collaborate with other scientific groups and consult other scientists in conducting its work. The council may, on advice of the committee or by its own decision, consult the Washington academy of sciences created in chapter 70.220 RCW to secure independent scientific review of significant technical and scientific issues related to its work.
     (3) The committee shall assist the council and the executive director in developing and regularly updating or revising the action agenda. The committee may also recommend updates to the action agenda as it deems appropriate based on new scientific information.
     (4) The committee shall provide advice, review, and assistance to the executive director in the development of a strategic science program that includes, at a minimum:
     (a) Continuation of the Puget Sound assessment and monitoring program;
     (b) Additional provisions of the research and modeling program to be incorporated as an element of the action agenda; and
     (c) A monitoring program, including baselines, protocols, guidelines, and quantifiable performance measures.
     (5) The committee shall provide advice, review, and assistance to the executive director in the development of a biennial science work plan that includes, at a minimum:
     (a) Identification of recommendations from scientific and technical reports relating to Puget Sound;
     (b) A description of the Puget Sound science-related activities being conducted by various entities in the region, including studies, models, monitoring, research, and other appropriate activities;
     (c) A description of whether the ongoing work is addressing the recommendations, and if not, identification of necessary actions to fill gaps;
     (d) Identification of specific biennial science work actions to be done over the course of the work plan, and how these actions address science needs in Puget Sound; and
     (e) Recommendations for improvements to the ongoing science work in Puget Sound.
     (6) The committee shall provide advice, review, and assistance to the executive director in the development of a Puget Sound science update that shall be produced at least every four years. The update shall describe the current scientific understanding of various physical attributes of Puget Sound. The update shall serve as the scientific basis for the refinement of key indicators of the health of Puget Sound and the status and trends of those indicators within the ecosystem framework.

NEW SECTION.  Sec. 7   ACTION AGENDA--GOALS. The action agenda that is to be implemented under this chapter shall strive to achieve the following goals:
     (1) A healthy human population supported by a healthy Puget Sound that is not threatened by changes in the ecosystem;
     (2) A quality of human life that is sustained by a functioning Puget Sound ecosystem;
     (3) Healthy and sustaining populations of native species in Puget Sound, including a robust food web;
     (4) A healthy Puget Sound where freshwater, estuary, nearshore, marine, and upland habitats are protected, restored, and sustained;
     (5) 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;
     (6) Fresh and marine waters and sediments of a sufficient quality so that the waters in the region are safe for drinking, swimming, and other human uses and enjoyment, and are not harmful to the native marine mammals, fish, birds, and shellfish of the region.

NEW SECTION.  Sec. 8   ACTION AGENDA--DEVELOPMENT. (1) In developing the action agenda, the council shall consider and use appropriate portions of the Puget Sound water quality management plan existing on the effective date of this section. The action agenda shall include a comprehensive list of actions necessary to achieve the goals described in section 7 of this act. Until the action agenda is adopted, the existing Puget Sound management plan and the 2007-2009 Puget Sound biennial plan shall remain in effect. The existing Puget Sound management plan shall also continue to serve as the comprehensive conservation and management plan for the purposes of the national estuary program described in section 320 of the federal clean water act, until replaced by the action agenda and approved by the United States environmental protection agency as the new comprehensive conservation and management plan.
     (2) The council shall work with local governments, watershed groups, and marine and shoreline groups to foster commitment and accountability for action and results at the community level. The council shall work with these local groups to ensure each local area of the Puget Sound has a clear organizational structure to:
     (a) Oversee development and implementation of local salmon, shoreline, water quality, and water quantity plans in accordance with the action agenda;
     (b) Refine and implement actions, measure results, and make adjustments where necessary to local plans;
     (c) Expand public understanding and coordinate educational efforts consistent with the action agenda; and
     (d) Support and coordinate with organizations to provide volunteer opportunities.
     (3) The action agenda shall:
     (a) Describe the problems affecting Puget Sound's health using supporting scientific data;
     (b) Set overall goals, measurable outcomes 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 targeted steps needed to reach a healthy Puget Sound by 2020;
     (c) Identify and prioritize the strategies and actions necessary to restore and protect the Puget Sound;
     (d) Identify the agency, entity, or person responsible for completing the necessary action; and
     (e) Establish deadlines for the completion of the necessary actions describing where achieving certain goals will require timelines beyond 2020 to achieve.
     (4) The 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 committee's ecosystem goals and quantifiable measures;
     (d) Establish near-term and long-term benchmarks that demonstrate progress in achieving action agenda goals and describe how progress is to be tracked through clear and quantifiable measures that are included in the action agenda;
     (e) Integrate the recovery plans for salmon, orca, and other species in Puget Sound listed under the federal endangered species act;
     (f) Integrate, where appropriate, provisions of water quantity, watershed, marine resource, and other watershed plans; and
     (g) Incorporate appropriate actions to carry out the science work plan.
     (5) When a state, local, or federal entity identifies a statute, rule, or ordinance that conflicts with the requirements of, or an impediment to the implementation of, the action agenda, the council shall evaluate the merits of conflict or impediment and make necessary recommendations to the agency, governor, legislature, local government, or other appropriate entity for addressing and resolving the conflict or impediment.
     (6) By September 1, 2008, the council shall adopt the action agenda. After the adoption of the initial action agenda, the council shall revise the action agenda every four years using an adaptive management process informed by tracking actions and monitoring results in the Puget Sound. The council shall provide opportunity for public review and comment on the proposed action agenda and subsequent revisions.
     (7) The council shall involve the board created in section 5 of this act early in the development of the action agenda and all subsequent revisions. The council and board shall jointly develop a schedule for board review of the proposed action agenda or revisions.
     (8) The action agenda shall be organized and maintained in a single document to facilitate public accessibility to the plan.

NEW SECTION.  Sec. 9   ACTION AGENDA--IMPLEMENTATION--PERFORMANCE AGREEMENT. (1) State agencies implementing elements of the action agenda shall:
     (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 developed by the partnership in the action agenda; and
     (b) Work with the partnership in the development of biennial budget requests 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 different from that developed in subsection (1)(a) of this section as part of its biennial budget request, the partnership and state agency shall jointly identify the differences and the reasons for these differences and present this information to the office of financial management by October 1st of each even-numbered year.
     (3) 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) shall not be expended before an interagency agreement is entered between the partnership and the agency to whom the funds are appropriated. The agreement shall 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 shall incorporate performance requirements in their grant and loan programs to nonstate agencies or organizations as they deem necessary. To avoid delays in expending funds for priority Puget Sound plan work, the partnership shall endeavor to provide draft performance agreements at least sixty days before the beginning of the biennium, and the office of financial management may approve expenditure of funds for budget-provisioned plan activities before the execution of a performance agreement where it determines that accelerating the expenditure would be beneficial to accomplishing the action agenda.

NEW SECTION.  Sec. 10   ACTION--IMPLEMENTATION--FUNDING RECOMMENDATIONS. By September 1, 2008, the council shall provide to the governor and the appropriate fiscal and policy committees of the senate and house of representatives its recommendations for the funding necessary to implement the action agenda, in order to achieve the 2020 goals of this chapter. The recommendations shall:
     (1) Identify funding needs by plan element and identify the time periods in which specific funding is needed;
     (2) Address funding responsibilities among local, state, and federal governments, as well as nongovernmental funding; and
     (3) 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.

NEW SECTION.  Sec. 11   CONFORMANCE WITH ACTION AGENDA--PERFORMANCE MEASURES--REPORTS. (1) The legislature intends for all local, state, and federal governmental entities to act in conformance with the action agenda as adopted by the council. Good cause for an entity's nonconformance exists if there is a lack of legal authority or a lack of funding despite documented efforts taken to obtain necessary funding.
     (2) Any entity that receives state funds pursuant to a performance agreement under section 9 of this act shall report annually to the council on progress in completing its responsibilities under the agreement and whether expected results have been achieved. The report shall be in a form prescribed by the council and include data required by the council. Where the council determines that an entity has taken actions inconsistent with its performance agreement or has failed to take actions required by its performance agreement, the partnership may recommend to the governor and the legislature that further funding under the action agenda be withheld or redirected pending compliance with the performance agreement. The governor may direct the office of financial management to withhold or rescind allotments under chapter 43.88 RCW to state agencies that are found to be out of compliance with performance agreements under this section.
     (3) Beginning November 1, 2008, the council shall report annually each November 1st to the governor, the legislature, and the public on progress under the action agenda. The report shall include an assessment of whether entities that have received state funds for action agenda-related actions have accomplished expected results.
     (4) If expected results are not achieved by an entity receiving state funds under a performance agreement, the partnership shall recommend to the governor and the legislature other options to achieve plan-related results with the same funds.
     (5) The council shall review actions, where appropriate, of any nonstate entity performing Puget Sound-related actions that are not subject to a performance agreement under section 9 of this act. If the partnership determines that an entity's actions are inconsistent with the plan, the partnership 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 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 shall describe actions the council took to try to bring the entity into conformance.
     (6) In consultation with the committee, the council shall select at least one of the existing programs in every progress report and assess that program's efficacy and expenditures devoted to Puget Sound protection and recovery for consistency with the action agenda.

NEW SECTION.  Sec. 12   TRANSFER OF POWERS, DUTIES, AND FUNCTIONS--REFERENCES TO CHAIR OF THE PUGET SOUND ACTION TEAM. (1) The Puget Sound action team is hereby abolished and its powers, duties, and functions are hereby transferred to the Puget Sound partnership as consistent with this chapter. All references to the chair or the Puget Sound action team in the Revised Code of Washington shall be construed to mean the executive director or the Puget Sound partnership.
     (2)(a) All employees of the Puget Sound action team are transferred to the jurisdiction of the Puget Sound partnership. The council and executive director will decide whether or not to retain their services as it makes decisions about its personnel needs.
     (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. 13   CAPTIONS NOT LAW. Captions used in this chapter are not any part of the law.

Sec. 14   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. 15   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. 16   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. 17   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. 18   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. 19   A new section is added to chapter 77.85 RCW 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) The Puget Sound partnership created under chapter 90.71 RCW shall serve as the regional salmon recovery organization for Puget Sound salmon species.

NEW SECTION.  Sec. 20   RCW 90.71.902 and 90.71.903 are each decodified.

NEW SECTION.  Sec. 21   RCW 90.71.100 is recodified as a new section in chapter 70.118 RCW.

NEW SECTION.  Sec. 22   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 90.71.060 (Puget Sound research and monitoring) and 1996 c 138 s 7;
     (8) RCW 90.71.070 (Work plan implementation) and 1996 c 138 s 8;
     (9) RCW 90.71.080 (Public participation) and 1996 c 138 s 9;
     (10) RCW 90.71.900 (Short title -- 1996 c 138) and 1996 c 138 s 15; and
     (11) RCW 90.71.901 (Captions not law) and 1996 c 138 s 14.

NEW SECTION.  Sec. 23   Sections 2 through 13 of this act are each added to chapter 90.71 RCW.

NEW SECTION.  Sec. 24   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2007.