| Passed by the Senate April 20, 2007 YEAS 43 BRAD OWEN ________________________________________ President of the Senate Passed by the House April 10, 2007 YEAS 86 FRANK CHOPP ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE SENATE BILL 5372 as passed by the Senate and the House of Representatives on the dates hereon set forth. THOMAS HOEMANN ________________________________________ Secretary | |
| Approved May 7, 2007, 9:43 a.m. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington | May 8, 2007 Secretary of State State of Washington |
| State of Washington | 60th Legislature | 2007 Regular Session |
READ FIRST TIME 02/28/07.
AN ACT Relating to the Puget Sound partnership; amending RCW 90.71.010, 90.71.060, 43.155.070, 70.146.070, 89.08.520, 70.105D.070, 79A.15.040, 90.50A.030, 90.50A.040, 90.71.100, 77.60.160, 43.17.010, 43.17.020, 42.17.2401, 77.85.090, 90.88.005, 90.88.020, 90.88.030, 90.88.901, 90.88.902, 90.48.260, 79A.60.520, 79A.60.510, 79.105.500, 77.60.130, 70.146.070, 70.118.090, 43.21J.030, 43.21J.040, and 28B.30.632; reenacting and amending RCW 79.105.150 and 77.85.130; adding a new section to chapter 43.155 RCW; adding a new section to chapter 70.146 RCW; adding a new section to chapter 89.08 RCW; adding a new section to chapter 70.105D RCW; adding a new section to chapter 79.105 RCW; adding a new section to chapter 79A.15 RCW; adding a new section to chapter 77.85 RCW; adding a new section to chapter 90.50A RCW; adding a new section to chapter 41.06 RCW; adding new sections to chapter 90.71 RCW; recodifying RCW 90.71.100; decodifying RCW 90.71.902 and 90.71.903; repealing RCW 90.71.005, 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 an effective date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1
(a) Puget Sound, including Hood Canal, and the waters that flow to
it are a national treasure and a unique resource. Residents enjoy a
way of life centered around these waters that depends upon clean and
healthy marine and freshwater resources.
(b) Puget Sound is in serious decline, and Hood Canal is in a
serious crisis. This decline is indicated by loss of and damage to
critical habit, rapid decline in species populations, increases in
aquatic nuisance species, numerous toxics contaminated sites,
urbanization and attendant storm water drainage, closure of beaches to
shellfish harvest due to disease risks, low-dissolved oxygen levels
causing death of marine life, and other phenomena. If left unchecked,
these conditions will worsen.
(c) Puget Sound must be restored and protected in a more coherent
and effective manner. The current system is highly fragmented.
Immediate and concerted action is necessary by all levels of government
working with the public, nongovernmental organizations, and the private
sector to ensure a thriving natural system that exists in harmony with
a vibrant economy.
(d) Leadership, accountability, government transparency, thoughtful
and responsible spending of public funds, and public involvement will
be integral to the success of efforts to restore and protect Puget
Sound.
(2) The legislature therefore creates a new Puget Sound partnership
to coordinate and lead the effort to restore and protect Puget Sound,
and intends that all governmental entities, including federal and state
agencies, tribes, cities, counties, ports, and special purpose
districts, support and help implement the partnership's restoration
efforts. The legislature further intends that the partnership will:
(a) Define a strategic action agenda prioritizing necessary
actions, both basin-wide and within specific areas, and creating an
approach that addresses all of the complex connections among the land,
water, web of species, and human needs. The action agenda will be
based on science and include clear, measurable goals for the recovery
of Puget Sound by 2020;
(b) Determine accountability for performance, oversee the
efficiency and effectiveness of money spent, educate and engage the
public, and track and report results to the legislature, the governor,
and the public;
(c) 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.
(3) It is the goal of the state that the health of Puget Sound be
restored by 2020.
Sec. 2 RCW 90.71.010 and 1996 c 138 s 2 are each amended to read
as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) (("Action team" means the Puget Sound water quality action
team.)) "Action agenda" means the comprehensive schedule of
projects, programs, and other activities designed to achieve a healthy
Puget Sound ecosystem that is authorized and further described in
sections 12 and 13 of this act.
(2) "Chair" means the chair of the action team.
(3) "Council" means the Puget Sound council created in RCW
90.71.030.
(4) "Puget Sound management plan" means the 1994 Puget Sound water
quality management plan as it exists June 30, 1996, and as subsequently
amended by the action team.
(5) "Support staff" means the staff to the action team.
(6) "Work plan" means the work plan and budget developed by the
action team.
(2) "Action area" means the geographic areas delineated as provided
in section 8 of this act.
(3) "Benchmarks" means measurable interim milestones or
achievements established to demonstrate progress towards a goal,
objective, or outcome.
(4) "Board" means the ecosystem coordination board.
(5) "Council" means the leadership council.
(6) "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.
(7) "Implementation strategies" means the strategies incorporated
on a biennial basis in the action agenda developed under section 13 of
this act.
(8) "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.
(9) "Panel" means the Puget Sound science panel.
(10) "Partnership" means the Puget Sound partnership.
(11) "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.
(12) "Puget Sound partner" means an entity that has been recognized
by the partnership, as provided in section 16 of this act, as having
consistently achieved outstanding progress in implementing the 2020
action agenda.
(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, shellfish protection areas, regional fishery
enhancement groups, marine resource committees including those working
with the northwest straits commission, nearshore groups, 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. 3
NEW SECTION. Sec. 4
(2) The initial members shall be appointed as follows:
(a) Three of the initial members shall be appointed for a term of
two years;
(b) Two of the initial members shall be appointed for a term of
three years; and
(c) Two of the initial members shall be appointed for a term of
four years.
(3) The initial members' 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.
(4) Members of the council are eligible for reappointment.
(5) Any member of the council may be removed by the governor for
cause.
(6) Members whose terms expire shall continue to serve until
reappointed or replaced by a new member.
(7) A majority of the council constitutes a quorum for the
transaction of business.
(8) Council decisions and actions require majority vote approval of
all council members.
NEW SECTION. Sec. 5
(a) Provide leadership and have responsibility for the functions of
the partnership, including adopting, revising, and guiding the
implementation of the action agenda, allocating funds for Puget Sound
recovery, providing progress and other reports, setting strategic
priorities and benchmarks, adopting and applying accountability
measures, and making appointments to the board and panel;
(b) Adopt rules, in accordance with chapter 34.05 RCW;
(c) Create subcommittees and advisory committees as appropriate to
assist the council;
(d) Enter into, amend, and terminate contracts with individuals,
corporations, or research institutions to effectuate the purposes of
this chapter;
(e) Make grants to governmental and nongovernmental entities to
effectuate the purposes of this chapter;
(f) 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;
(g) Promote extensive public awareness, education, and
participation in Puget Sound protection and recovery;
(h) Work collaboratively with the Hood Canal coordinating council
established in chapter 90.88 RCW on Hood Canal-specific issues;
(i) Maintain complete and consolidated financial information to
ensure that all funds received and expended to implement the action
agenda have been accounted for; and
(j) Such other powers and duties as are necessary and appropriate
to carry out the provisions of this chapter.
(2) 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.
(3) 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 to accomplish recovery of Puget Sound to health by
2020.
(4) The council shall support, engage, and foster collaboration
among watershed groups to assist in the recovery of Puget Sound.
(5) 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.
(6) 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. 6
(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.
(3) The executive director shall have complete charge of and
supervisory powers over the partnership, subject to the guidance from
the council.
(4) The executive director shall employ a staff, who shall be state
employees under Title 41 RCW.
(5) Upon approval of the council, the executive director may take
action to create a private nonprofit entity, which may take the form of
a nonprofit corporation, to assist the partnership in restoring Puget
Sound by:
(a) Raising money and other resources through charitable giving,
donations, and other appropriate mechanisms;
(b) Engaging and educating the public regarding Puget Sound's
health, including efforts and opportunities to restore Puget Sound
ecosystems; and
(c) Performing other similar activities as directed by the
partnership.
NEW SECTION. Sec. 7
(2) The board shall consist of the following:
(a) One representative from the geographic area of each of the
action areas specified in section 8 of this act, appointed by the
council. The council shall solicit nominations from, at a minimum,
counties, cities, and watershed groups;
(b) Two members representing general business interests, one of
whom shall represent in-state general small business interests, both
appointed by the council;
(c) Two members representing environmental interests, appointed by
the council;
(d) Three representatives of tribal governments located in Puget
Sound, invited by the governor to participate as members of the board;
(e) One representative each from counties, cities, and port
districts, appointed by the council from nominations submitted by
statewide associations representing such local governments;
(f) Three representatives of state agencies with environmental
management responsibilities in Puget Sound, representing the interests
of all state agencies, one of whom shall be the commissioner of public
lands or his or her designee; and
(g) Three representatives of federal agencies with environmental
management responsibilities in Puget Sound, representing the interests
of all federal agencies and invited by the governor to participate as
members of the board.
(3) The president of the senate shall appoint two senators, one
from each major caucus, as legislative liaisons to the board. The
speaker of the house of representatives shall appoint two
representatives, one from each major caucus, as legislative liaisons to
the board.
(4) The board shall elect one of its members as chair, and one of
its members as vice-chair.
(5) The board shall advise and assist the council in carrying out
its responsibilities in implementing this chapter, including
development and implementation of the action agenda. The board's
duties include:
(a) Assisting cities, counties, ports, tribes, watershed groups,
and other governmental and private organizations in the compilation of
local programs for consideration for inclusion in the action agenda as
provided in section 8 of this act;
(b) Upon request of the council, reviewing and making
recommendations regarding activities, projects, and programs proposed
for inclusion in the action agenda, including assessing existing
ecosystem scale management, restoration and protection plan elements,
activities, projects, and programs for inclusion in the action agenda;
(c) Seeking public and private funding and the commitment of other
resources for plan implementation;
(d) Assisting the council in conducting public education activities
regarding threats to Puget Sound and about local implementation
strategies to support the action agenda; and
(e) Recruiting the active involvement of and encouraging the
collaboration and communication among governmental and nongovernmental
entities, the private sector, and citizens working to achieve the
recovery of Puget Sound.
(6) Members of the board, except for federal and state employees,
shall be reimbursed for travel expenses in accordance with RCW
43.03.050 and 43.03.060.
NEW SECTION. Sec. 8
(2) The partnership shall organize this work by working with these
groups in the following geographic action areas of Puget Sound, which
collectively encompass all of the Puget Sound basin and include the
areas draining to the marine waters in these action areas:
(a) Strait of Juan de Fuca;
(b) The San Juan Islands;
(c) Whidbey Island;
(d) North central Puget Sound;
(e) South central Puget Sound;
(f) South Puget Sound; and
(g) Hood Canal.
(3) The council shall define the geographic delineations of these
action areas based upon the common issues and interests of the entities
in these action areas, and upon the characteristics of the Sound's
physical structure, and the water flows into and within the Sound.
(4) The executive director, working with the board representatives
from each action area, shall invite appropriate tribes, local
governments, and watershed groups to convene for the purpose of
compiling the existing watershed programs relating or contributing to
the health of Puget Sound. The participating groups should work to
identify the applicable local plan elements, projects, and programs,
together with estimated budget, timelines, and proposed funding
sources, that are suitable for adoption into the action agenda. This
may include a prioritization among plan elements, projects, and
programs.
(5) The partnership may provide assistance to watershed groups in
those action areas that are developing and implementing programs
included within the action agenda, and to improve coordination among
the groups to improve and accelerate the implementation of the action
agenda.
(6) The executive director, working with the board, shall also
compile and assess ecosystem scale management, restoration, and
protection plans for the Puget Sound basin.
(a) At a minimum, the compilation shall include the Puget Sound
nearshore estuary project, clean-up plans for contaminated aquatic
lands and shorelands, aquatic land management plans, state resource
management plans, habitat conservation plans, and recovery plans for
salmon, orca, and other species in Puget Sound that are listed under
the federal endangered species act.
(b) The board should work to identify and assess applicable
ecosystem scale plan elements, projects, and programs, together with
estimated budget, timelines, and proposed funding sources, that are
suitable for adoption into the action agenda.
(c) When the board identifies conflicts or disputes among ecosystem
scale projects or programs, the board may convene the agency managers
in an attempt to reconcile the conflicts with the objective of
advancing the protection and recovery of Puget Sound.
(d) If it determines that doing so will increase the likelihood of
restoring Puget Sound by 2020, the partnership may explore the utility
of federal assurances under the endangered species act, 16 U.S.C. Sec.
1531 et seq., and shall confer with the federal services administering
that act.
(7) The executive director shall integrate and present the proposed
elements from watershed programs and ecosystem-level plans to the
council for consideration for inclusion in the action agenda not later
than July 1, 2008.
NEW SECTION. Sec. 9
(2) In establishing the panel, the council shall request the
Washington academy of sciences, created in chapter 70.220 RCW, to
nominate fifteen scientists with recognized expertise in fields of
science essential to the recovery of Puget Sound. Nominees should
reflect the full range of scientific and engineering disciplines
involved in Puget Sound recovery. At a minimum, the Washington academy
of sciences shall consider making nominations from scientists
associated with federal, state, and local agencies, tribes, the
business and environmental communities, members of the K-12, college,
and university communities, and members of the board. The solicitation
should be to all sectors, and candidates may be from all public and
private sectors. Persons nominated by the Washington academy of
sciences must disclose any potential conflicts of interest, and any
financial relationship with any leadership council member, and disclose
sources of current financial support and contracts relating to Puget
Sound recovery.
(3) The panel shall select a chair and a vice-chair. Panel members
shall serve four-year terms, except that the council shall determine
initial terms of two, three, and four years to provide for staggered
terms. The council shall determine reappointments and select
replacements or additional members of the panel. No panel member may
serve longer than twelve years.
(4) The executive director shall designate a lead staff scientist
to coordinate panel actions, and administrative staff to support panel
activities. The legislature intends to provide ongoing funding for
staffing of the panel to ensure that it has sufficient capacity to
provide independent scientific advice.
(5) 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 Puget Sound recovery office is created, the council
may propose that such office provide for staffing and administration of
the panel.
(6) The panel shall assist the council in developing and revising
the action agenda, making recommendations to the action agenda, and
making recommendations to the council for updates or revisions.
(7) 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 panel are employed by the federal, state, tribal, or local
governments, the council may enter into interagency personnel
agreements.
NEW SECTION. Sec. 10
(a) Assist the council, board, and executive director in carrying
out the obligations of the partnership, including preparing and
updating the action agenda;
(b) As provided in section 11 of this act, assist the partnership
in developing an ecosystem level strategic science program that:
(i) Addresses monitoring, modeling, data management, and research;
and
(ii) Identifies science gaps and recommends research priorities;
(c) Develop and provide oversight of a competitive peer-reviewed
process for soliciting, strategically prioritizing, and funding
research and modeling projects;
(d) Provide input to the executive director in developing biennial
implementation strategies; and
(e) Offer an ecosystem-wide perspective on the science work being
conducted in Puget Sound and by the partnership.
(2) The panel should collaborate with other scientific groups and
consult other scientists in conducting its work. To the maximum extent
possible, the panel 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.
(3) By July 31, 2008, the panel shall identify environmental
indicators measuring the health of Puget Sound, and recommend
environmental benchmarks that need to be achieved to meet the goals of
the action agenda. The council shall confer with the panel on
incorporating the indicators and benchmarks into the action agenda.
NEW SECTION. Sec. 11
(a) Continuation of the Puget Sound assessment and monitoring
program, as provided in RCW 90.71.060, as well as other monitoring or
modeling programs deemed appropriate by the executive director;
(b) Development of a monitoring program, in addition to the
provisions of RCW 90.71.060, including baselines, protocols,
guidelines, and quantifiable performance measures, to be recommended as
an element of the action agenda;
(c) Recommendations regarding data collection and management to
facilitate easy access and use of data by all participating agencies
and the public; and
(d) A list of critical research needs.
(2) The strategic science program may not become an official
document until a majority of the members of the council votes for its
adoption.
(3) A Puget Sound science update shall be developed by the panel
with assistance and staff support provided by the executive director.
The panel shall submit the initial update to the executive director by
April 2010, and subsequent updates as necessary to reflect new
scientific understandings. The update shall:
(a) Describe the current scientific understanding of various
physical attributes of Puget Sound;
(b) Serve as the scientific basis for the selection of
environmental indicators measuring the health of Puget Sound; and
(c) Serve as the scientific basis for the status and trends of
those environmental indicators.
(4) The executive director shall provide the Puget Sound science
update to the Washington academy of sciences, the governor, and
appropriate legislative committees, and include:
(a) A summary of information in existing updates; and
(b) Changes adopted in subsequent updates and in the state of the
Sound reports produced pursuant to section 19 of this act.
(5) A biennial science work plan shall be developed by the panel,
with assistance and staff support provided by the executive director,
and approved by the council. The biennial science work plan shall
include, 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 addresses 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.
NEW SECTION. Sec. 12
(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, near shore,
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 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 marine mammals, fish, birds, and
shellfish of the region.
(2) The action agenda shall be developed and implemented to achieve
the following objectives:
(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.
NEW SECTION. Sec. 13
(a) Address all geographic areas of Puget Sound including upland
areas and tributary rivers and streams that affect Puget Sound;
(b) Describe the problems affecting Puget Sound's health using
supporting scientific data, and provide a summary of the historical
environmental health conditions of Puget Sound so as to determine past
levels of pollution and restorative actions that have established the
current health conditions of Puget Sound;
(c) Meet the goals and objectives described in section 12 of this
act, including measurable outcomes for each goal and objective
specifically describing what will be achieved, how it will be
quantified, and how progress towards outcomes will be measured. The
action agenda shall include near-term and long-term benchmarks designed
to ensure continuous progress needed to reach the goals, objectives,
and designated outcomes by 2020. The council shall consult with the
panel in developing these elements of the plan;
(d) Identify and prioritize the strategies and actions necessary to
restore and protect Puget Sound and to achieve the goals and objectives
described in section 12 of this act;
(e) Identify the agency, entity, or person responsible for
completing the necessary strategies and actions, and potential sources
of funding;
(f) Include prioritized actions identified through the assembled
proposals from each of the seven action areas and the identification
and assessment of ecosystem scale programs as provided in section 8 of
this act;
(g) Include specific actions to address aquatic rehabilitation zone
one, as defined in RCW 90.88.010;
(h) Incorporate any additional goals adopted by the council; and
(i) Incorporate appropriate actions to carry out the biennial
science work plan created in section 11 of this act.
(2) In developing the action agenda and any subsequent revisions,
the council shall, when appropriate, incorporate the following:
(a) Water quality, water quantity, sediment quality, watershed,
marine resource, and habitat restoration plans created by governmental
agencies, watershed groups, and marine and shoreline groups. The
council shall consult with the board in incorporating these plans;
(b) Recovery plans for salmon, orca, and other species in Puget
Sound listed under the federal endangered species act;
(c) Existing plans and agreements signed by the governor, the
commissioner of public lands, other state officials, or by federal
agencies;
(d) Appropriate portions of the Puget Sound water quality
management plan existing on the effective date of this section.
(3) Until the action agenda is adopted, the existing Puget Sound
management plan and the 2007-09 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.
(4) The council shall adopt the action agenda by September 1, 2008.
The council shall revise the action agenda as needed, and revise the
implementation strategies every two years using an adaptive management
process informed by tracking actions and monitoring results in Puget
Sound. In revising the action agenda and the implementation
strategies, the council shall consult the panel and the board and
provide opportunity for public review and comment. Biennial updates
shall:
(a) Contain a detailed description of prioritized actions necessary
in the biennium to achieve the goals, objectives, outcomes, and
benchmarks of progress identified in the action agenda;
(b) Identify the agency, entity, or person responsible for
completing the necessary action; and
(c) Establish biennial benchmarks for near-term actions.
(5) The action agenda shall be organized and maintained in a single
document to facilitate public accessibility to the plan.
NEW SECTION. Sec. 14
(a) Provide to the partnership by June 1st of each even-numbered
year their estimates of the actions and the budget resources needed for
the forthcoming biennium to implement their portion of the action
agenda; and
(b) Work with the partnership in the development of biennial budget
requests to achieve consistency with the action agenda 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.
NEW SECTION. Sec. 15
(2) The partnership shall condition, with interagency agreements,
any grants or funding transfers to other entities from the Puget Sound
recovery account to ensure accountability in the expenditure of the
funds and to ensure that the funds are used by the recipient entity in
the manner determined by the partnership to be the most consistent with
the priorities of the action agenda. Any conditions placed on federal
funding under this section shall incorporate and be consistent with
requirements under signed agreements between the entity and the federal
government.
(3) If the partnership finds that the provided funding was not used
as instructed in the interagency agreement, the partnership may suspend
or further condition future funding to the recipient entity.
(4) The partnership shall require any entity that receives funds
for implementing the action agenda to publicly disclose and account for
expenditure of those funds.
NEW SECTION. Sec. 16
(a) Ensuring that projects and activities in conflict with the
action agenda are not funded;
(b) Aligning environmental investments with strategic priorities of
the action agenda; and
(c) Using state grant and loan programs to encourage consistency
with the action agenda.
(2) The council shall adopt measures to ensure that funds
appropriated for implementation of the action agenda and identified by
proviso or specifically referenced in the omnibus appropriations act
pursuant to RCW 43.88.030(1)(g) are expended in a manner that will
achieve the intended results. In developing such performance measures,
the council shall establish criteria for the expenditure of the funds
consistent with the responsibilities and timelines under the action
agenda, and require reporting and tracking of funds expended. The
council may adopt other measures, such as requiring interagency
agreements regarding the expenditure of provisoed or specifically
referenced Puget Sound funds.
(3) The partnership shall work with other state agencies providing
grant and loan funds or other financial assistance for projects and
activities that impact the health of the Puget Sound ecosystem under
chapters 43.155, 70.105D, 70.146, 77.85, 79.105, 79A.15, 89.08, and
90.50A RCW to, within the authorities of the programs, develop
consistent funding criteria that prohibits funding projects and
activities that are in conflict with the action agenda.
(4) The partnership shall develop a process and criteria by which
entities that consistently achieve outstanding progress in implementing
the action agenda are designated as Puget Sound partners. State
agencies shall work with the partnership to revise their grant, loan,
or other financial assistance allocation criteria to create a
preference for entities designated as Puget Sound partners for funds
allocated to the Puget Sound basin, pursuant to RCW 43.155.070,
70.105D.070, 70.146.070, 77.85.130, 79.105.150, 79A.15.040, 89.08.520,
and 90.50A.040. This process shall be developed on a timeline that
takes into consideration state grant and loan funding cycles.
(5) Any entity that receives state funds to implement actions
required in the action agenda shall report biennially to the council on
progress in completing the action and whether expected results have
been achieved within the time frames specified in the action agenda.
NEW SECTION. Sec. 17
(2) The partnership shall involve the public and implementing
entities to develop standards and processes by which the partnership
will determine whether implementing entities are taking actions
consistent with the action agenda and achieving the outcomes identified
in the action agenda. Among these measures, the council may hold
management conferences with implementing entities to review and assess
performance in undertaking implementation strategies with a particular
focus on compliance with and enforcement of existing laws. Where the
council identifies an inconsistency with the action agenda, the council
shall offer support and assistance to the entity with the objective of
remedying the inconsistency. The results of the conferences shall be
included in the state of the Sound report required under section 19 of
this act.
(3) In the event the council determines that an entity is in
substantial noncompliance with the action agenda, it shall provide
notice of this finding and supporting information to the entity. The
council or executive director shall thereafter meet and confer with the
entity to discuss the finding and, if appropriate, develop a corrective
action plan. If no agreement is reached, the council shall hold a
public meeting to present its findings and the proposed corrective
action plan. If the entity is a state agency, the meeting shall
include representatives of the governor's office and office of
financial management. If the entity is a local government, the meeting
shall be held in the jurisdiction and electoral representatives from
the jurisdictions shall be invited to attend. If, after this process,
the council finds that substantial noncompliance continues, the council
shall issue written findings and document its conclusions. The council
may recommend to the governor that the entity be ineligible for state
financial assistance until the substantial noncompliance is remedied.
Instances of noncompliance shall be included in the state of the Sound
report required under section 19 of this act.
(4) The council shall provide a forum for addressing and resolving
problems, conflicts, or a substantial lack of progress in a specific
area
that it has identified in the implementation of the action agenda,
or that citizens or implementing entities bring to the council. The
council may use conflict resolution mechanisms such as but not limited
to, technical and financial assistance, facilitated discussions, and
mediation to resolve the conflict. Where the parties and the council
are unable to resolve the conflict, and the conflict significantly
impairs the implementation of the action agenda, the council shall
provide its analysis of the conflict and recommendations resolution to
the governor, the legislature, and to those entities with
jurisdictional authority to resolve the conflict.
(5) When the council or an implementing entity identifies a
statute, rule, ordinance or policy that conflicts with or is an
impediment to the implementation of the action agenda, or identifies a
deficiency in existing statutory authority to accomplish an element of
the action agenda, the council shall review the matter with the
implementing entities involved. The council shall evaluate the merits
of the conflict, impediment, or deficiency, and make recommendations to
the legislature, governor, agency, local government or other
appropriate entity for addressing and resolving the conflict.
(6) The council may make recommendations to the governor and
appropriate committees of the senate and house of representatives for
local or state administrative or legislative actions to address
barriers it has identified to successfully implementing the action
agenda.
NEW SECTION. Sec. 18
(2) The action agenda may not create a legally enforceable duty to
review or approve permits, or to adopt plans or regulations. The
action agenda may not authorize the adoption of rules under chapter
34.05 RCW creating a legally enforceable duty applicable to the review
or approval of permits or to the adoption of plans or regulations. No
action of the partnership may alter the forest practices rules adopted
pursuant to chapter 76.09 RCW, or any associated habitat conservation
plan. Any changes in forest practices identified by the processes
established in this chapter as necessary to fully recover the health of
Puget Sound by 2020 may only be realized through the processes
established in RCW 76.09.370 and other designated processes established
in Title 76 RCW. Nothing in this subsection or subsection (1) of this
section limits the accountability provisions of this chapter.
(3) Nothing in this chapter limits or alters the existing legal
authority of local governments, nor does it create a legally
enforceable duty upon local governments. When a local government
proposes to take an action inconsistent with the action agenda, it
shall inform the council and identify the reasons for taking the
action. If a local government chooses to take an action inconsistent
with the action agenda or chooses not to take action required by the
action agenda, it will be subject to the accountability measures in
this chapter which can be used at the discretion of the council.
NEW SECTION. Sec. 19
(a) Identify the funding needed by action agenda element;
(b) Address funding responsibilities among local, state, and
federal governments, as well as nongovernmental funding; and
(c) Address funding needed to support the work of the partnership,
the panel, the ecosystem work group, and entities assisting in
coordinating local efforts to implement the plan.
(2) In the 2008 report required under subsection (1) of this
section, the council shall include recommendations for projected
funding needed through 2020 to implement the action agenda; funding
needs for science panel staff; identify methods to secure stable and
sufficient funding to meet these needs; and include proposals for new
sources of funding to be dedicated to Puget Sound protection and
recovery. In preparing the science panel staffing proposal, the
council shall consult with the panel.
(3) By November 1st of each odd-numbered year beginning in 2009,
the council shall produce a state of the Sound report that includes, at
a minimum:
(a) An assessment of progress by state and nonstate entities in
implementing the action agenda, including accomplishments in the use of
state funds for action agenda implementation;
(b) A description of actions by implementing entities that are
inconsistent with the action agenda and steps taken to remedy the
inconsistency;
(c) The comments by the panel on progress in implementing the plan,
as well as findings arising from the assessment and monitoring program;
(d) A review of citizen concerns provided to the partnership and
the disposition of those concerns;
(e) A review of the expenditures of funds to state agencies for the
implementation of programs affecting the protection and recovery of
Puget Sound, and an assessment of whether the use of the funds is
consistent with the action agenda; and
(f) An identification of all funds provided to the partnership, and
recommendations as to how future state expenditures for all entities,
including the partnership, could better match the priorities of the
action agenda.
(4)(a) The council shall review state programs that fund facilities
and activities that may contribute to action agenda implementation. By
November 1, 2009, the council shall provide initial recommendations
regarding program changes to the governor and appropriate fiscal and
policy committees of the senate and house of representatives. By
November 1, 2010, the council shall provide final recommendations
regarding program changes, including proposed legislation to implement
the recommendation, to the governor and appropriate fiscal and policy
committees of the senate and house of representatives.
(b) The review in this subsection shall be conducted with the
active assistance and collaboration of the agencies administering these
programs, and in consultation with local governments and other entities
receiving funding from these programs:
(i) The water quality account, chapter 70.146 RCW;
(ii) The water pollution control revolving fund, chapter 90.50A
RCW;
(iii) The public works assistance account, chapter 43.155 RCW;
(iv) The aquatic lands enhancement account, RCW 79.105.150;
(v) The state toxics control account and local toxics control
account and clean-up program, chapter 70.105D RCW;
(vi) The acquisition of habitat conservation and outdoor recreation
land, chapter 79A.15 RCW;
(vii) The salmon recovery funding board, RCW 77.85.110 through
77.85.150;
(viii) The community economic revitalization board, chapter 43.160
RCW;
(ix) Other state financial assistance to water quality-related
projects and activities; and
(x) Water quality financial assistance from federal programs
administered through state programs or provided directly to local
governments in the Puget Sound basin.
(c) The council's review shall include but not be limited to:
(i) Determining the level of funding and types of projects and
activities funded through the programs that contribute to
implementation of the action agenda;
(ii) 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 action agenda;
(iii) Assessing methods for ensuring that the goals and priorities
of the action 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;
(iv) Modifying funding criteria so that projects, programs, and
activities that are inconsistent with the action agenda are ineligible
for funding;
(v) Assessing ways to incorporate a strategic funding approach for
the action 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.
NEW SECTION. Sec. 20
NEW SECTION. Sec. 21
(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 action agenda have contributed toward meeting the
scientific benchmarks and the recovery goals of the action agenda;
(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 action
agenda results by action entities.
(3) The partnership may use the audits as the basis for developing
changes to the 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.
Sec. 22 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 shall ensure)) panel, with the approval of the
council, shall guide the implementation and coordination of ((the)) a
Puget Sound ((ambient)) assessment and 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 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. 23
Sec. 24 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) Except as otherwise conditioned by section 25 of this act,
whether the entity receiving assistance is a Puget Sound partner, as
defined in RCW 90.71.010;
(c) Whether the project is referenced in the action agenda
developed by the Puget Sound partnership under section 13 of this act;
(d) Whether the project is critical in nature and would affect the
health and safety of a great number of citizens;
(((c))) (e) The cost of the project compared to the size of the
local government and amount of loan money available;
(((d))) (f) The number of communities served by or funding the
project;
(((e))) (g) Whether the project is located in an area of high
unemployment, compared to the average state unemployment;
(((f))) (h) 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))) (i) 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))) (j) 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.
(11) After January 1, 2010, any project designed to address the
effects of storm water or wastewater on Puget Sound may be funded under
this section only if the project is not in conflict with the action
agenda developed by the Puget Sound partnership under section 13 of
this act.
NEW SECTION. Sec. 25 A new section is added to chapter 43.155
RCW to read as follows:
In developing a priority process for public works projects under
RCW 43.155.070, the board shall give preferences only to Puget Sound
partners, as defined in RCW 90.71.010, over other entities that are
eligible to be included in the definition of Puget Sound partner.
Entities that are not eligible to be a Puget Sound partner due to
geographic location, composition, exclusion from the scope of the
action agenda developed by the Puget Sound partnership under section 13
of this act, or for any other reason, shall not be given less
preferential treatment than Puget Sound partners.
Sec. 26 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) Except as otherwise conditioned by section 27 of this act,
whether the entity receiving assistance is a Puget Sound partner, as
defined in RCW 90.71.010;
(f) Whether the project is referenced in the action agenda
developed by the Puget Sound partnership under section 13 of this act;
(g) 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))) (h) The recommendations of the Puget Sound ((action team))
partnership created in section 3 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.
(4) After January 1, 2010, any project designed to address the
effects of water pollution on Puget Sound may be funded under this
chapter only if the project is not in conflict with the action agenda
developed by the Puget Sound partnership under section 13 of this act.
NEW SECTION. Sec. 27 A new section is added to chapter 70.146
RCW to read as follows:
When making grants or loans for water pollution control facilities
under RCW 70.146.070, the department shall give preference only to
Puget Sound partners, as defined in RCW 90.71.010, in comparison to
other entities that are eligible to be included in the definition of
Puget Sound partner. Entities that are not eligible to be a Puget
Sound partner due to geographic location, composition, exclusion from
the scope of the action agenda developed by the Puget Sound partnership
under section 13 of this act, or for any other reason, shall not be
given less preferential treatment than Puget Sound partners.
Sec. 28 RCW 89.08.520 and 2001 c 227 s 3 are each amended to read
as follows:
(1) In administering grant programs to improve water quality and
protect habitat, the commission shall:
(a) Require grant recipients to incorporate the environmental
benefits of the project into their grant applications((, and the
commission shall utilize));
(b) In its grant prioritization and selection process, consider:
(i) The statement of environmental ((benefit[s] in its grant
prioritization and selection process.)) benefits;
(ii) Whether, except as conditioned by section 29 of this act, the
applicant is a Puget Sound partner, as defined in RCW 90.71.010; and
(iii) Whether the project is referenced in the action agenda
developed by the Puget Sound partnership under section 13 of this act;
and
(c) Not provide funding, after January 1, 2010, for projects
designed to address the restoration of Puget Sound that are in conflict
with the action agenda developed by the Puget Sound partnership under
section 13 of this act.
(2)(a) The commission shall also develop appropriate outcome-focused performance measures to be used both for management and
performance assessment of the grant program.
(b) The commission shall work with the districts to develop uniform
performance measures across participating districts((.)) and to the
extent possible, the commission should coordinate its performance
measure system with other natural resource-related agencies as defined
in RCW 43.41.270. The commission shall consult with affected interest
groups in implementing this section.
NEW SECTION. Sec. 29 A new section is added to chapter 89.08 RCW
to read as follows:
When administering water quality and habitat protection grants
under this chapter, the commission shall give preference only to Puget
Sound partners, as defined in RCW 90.71.010, in comparison to other
entities that are eligible to be included in the definition of Puget
Sound partner. Entities that are not eligible to be a Puget Sound
partner due to geographic location, composition, exclusion from the
scope of the Puget Sound action agenda developed by the Puget Sound
partnership under section 13 of this act, or for any other reason,
shall not be given less preferential treatment than Puget Sound
partners.
Sec. 30 RCW 70.105D.070 and 2005 c 488 s 926 are each amended to
read as follows:
(1) The state toxics control account and the local toxics control
account are hereby created in the state treasury.
(2) The following moneys shall be deposited into the state toxics
control account: (a) Those revenues which are raised by the tax
imposed under RCW 82.21.030 and which are attributable to that portion
of the rate equal to thirty-three one-hundredths of one percent; (b)
the costs of remedial actions recovered under this chapter or chapter
70.105A RCW; (c) penalties collected or recovered under this chapter;
and (d) any other money appropriated or transferred to the account by
the legislature. Moneys in the account may be used only to carry out
the purposes of this chapter, including but not limited to the
following activities:
(i) The state's responsibility for hazardous waste planning,
management, regulation, enforcement, technical assistance, and public
education required under chapter 70.105 RCW;
(ii) The state's responsibility for solid waste planning,
management, regulation, enforcement, technical assistance, and public
education required under chapter 70.95 RCW;
(iii) The hazardous waste cleanup program required under this
chapter;
(iv) State matching funds required under the federal cleanup law;
(v) Financial assistance for local programs in accordance with
chapters 70.95, 70.95C, 70.95I, and 70.105 RCW;
(vi) State government programs for the safe reduction, recycling,
or disposal of hazardous wastes from households, small businesses, and
agriculture;
(vii) Hazardous materials emergency response training;
(viii) Water and environmental health protection and monitoring
programs;
(ix) Programs authorized under chapter 70.146 RCW;
(x) A public participation program, including regional citizen
advisory committees;
(xi) Public funding to assist potentially liable persons to pay for
the costs of remedial action in compliance with cleanup standards under
RCW 70.105D.030(2)(e) but only when the amount and terms of such
funding are established under a settlement agreement under RCW
70.105D.040(4) and when the director has found that the funding will
achieve both (A) a substantially more expeditious or enhanced cleanup
than would otherwise occur, and (B) the prevention or mitigation of
unfair economic hardship; and
(xii) Development and demonstration of alternative management
technologies designed to carry out the top two hazardous waste
management priorities of RCW 70.105.150.
(3) The following moneys shall be deposited into the local toxics
control account: Those revenues which are raised by the tax imposed
under RCW 82.21.030 and which are attributable to that portion of the
rate equal to thirty-seven one-hundredths of one percent.
(a) Moneys deposited in the local toxics control account shall be
used by the department for grants or loans to local governments for the
following purposes in descending order of priority:
(i) Remedial actions;
(ii) Hazardous waste plans and programs under chapter 70.105 RCW;
(iii) Solid waste plans and programs under chapters 70.95, 70.95C,
70.95I, and 70.105 RCW;
(iv) Funds for a program to assist in the assessment and cleanup of
sites of methamphetamine production, but not to be used for the initial
containment of such sites, consistent with the responsibilities and
intent of RCW 69.50.511; and
(v) Cleanup and disposal of hazardous substances from abandoned or
derelict vessels, defined for the purposes of this section as vessels
that have little or no value and either have no identified owner or
have an identified owner lacking financial resources to clean up and
dispose of the vessel, that pose a threat to human health or the
environment. ((For purposes of this subsection (3)(a)(v), "abandoned
or derelict vessels" means vessels that have little or no value and
either have no identified owner or have an identified owner lacking
financial resources to clean up and dispose of the vessel.))
(b) Funds for plans and programs shall be allocated consistent with
the priorities and matching requirements established in chapters
70.105, 70.95C, 70.95I, and 70.95 RCW, except that any applicant that
is a Puget Sound partner, as defined in RCW 90.71.010, along with any
project that is referenced in the action agenda developed by the Puget
Sound partnership under section 13 of this act, shall, except as
conditioned by section 31 of this act, receive priority for any
available funding for any grant or funding programs or sources that use
a competitive bidding process. ((During the 1999-2001 fiscal biennium,
moneys in the account may also be used for the following activities:
Conducting a study of whether dioxins occur in fertilizers, soil
amendments, and soils; reviewing applications for registration of
fertilizers; and conducting a study of plant uptake of metals. During
the 2005-2007 fiscal biennium, the legislature may transfer from the
local toxics control account to the state toxics control account such
amounts as specified in the omnibus capital budget bill. During the
2005-2007 fiscal biennium, moneys in the account may also be used for
grants to local governments to retrofit public sector diesel equipment
and for storm water planning and implementation activities.)) (c) Funds may also be appropriated to the department of
health to implement programs to reduce testing requirements under the
federal safe drinking water act for public water systems. The
department of health shall reimburse the account from fees assessed
under RCW 70.119A.115 by June 30, 1995.
(b)
(4) Except for unanticipated receipts under RCW 43.79.260 through
43.79.282, moneys in the state and local toxics control accounts may be
spent only after appropriation by statute.
(5) One percent of the moneys deposited into the state and local
toxics control accounts shall be allocated only for public
participation grants to persons who may be adversely affected by a
release or threatened release of a hazardous substance and to not-for-profit public interest organizations. The primary purpose of these
grants is to facilitate the participation by persons and organizations
in the investigation and remedying of releases or threatened releases
of hazardous substances and to implement the state's solid and
hazardous waste management priorities. However, during the 1999-2001
fiscal biennium, funding may not be granted to entities engaged in
lobbying activities, and applicants may not be awarded grants if their
cumulative grant awards under this section exceed two hundred thousand
dollars. No grant may exceed sixty thousand dollars. Grants may be
renewed annually. Moneys appropriated for public participation from
either account which are not expended at the close of any biennium
shall revert to the state toxics control account.
(6) No moneys deposited into either the state or local toxics
control account may be used for solid waste incinerator feasibility
studies, construction, maintenance, or operation, or, after January 1,
2010, for projects designed to address the restoration of Puget Sound,
funded in a competitive grant process, that are in conflict with the
action agenda developed by the Puget Sound partnership under section 13
of this act.
(7) The department shall adopt rules for grant or loan issuance and
performance.
(((8) During the 2005-2007 fiscal biennium, the legislature may
transfer from the state toxics control account to the water quality
account such amounts as reflect the excess fund balance of the fund.))
NEW SECTION. Sec. 31 A new section is added to chapter 70.105D
RCW to read as follows:
When administering funds under this chapter, the department shall
give preference only to Puget Sound partners, as defined in RCW
90.71.010, in comparison to other entities that are eligible to be
included in the definition of Puget Sound partner. Entities that are
not eligible to be a Puget Sound partner due to geographic location,
composition, exclusion from the scope of the Puget Sound action agenda
developed by the Puget Sound partnership under section 13 of this act,
or for any other reason, shall not be given less preferential treatment
than Puget Sound partners.
Sec. 32 RCW 79.105.150 and 2005 c 518 s 946 and 2005 c 155 s 121
are each reenacted and amended to read as follows:
(1) After deduction for management costs as provided in RCW
79.64.040 and payments to towns under RCW 79.115.150(2), all moneys
received by the state from the sale or lease of state-owned aquatic
lands and from the sale of valuable material from state-owned aquatic
lands shall be deposited in the aquatic lands enhancement account which
is hereby created in the state treasury. After appropriation, these
funds shall be used solely for aquatic lands enhancement projects; for
the purchase, improvement, or protection of aquatic lands for public
purposes; for providing and improving access to the lands; and for
volunteer cooperative fish and game projects.
(2) In providing grants for aquatic lands enhancement projects, the
((department)) interagency committee for outdoor recreation shall:
(a) Require grant recipients to incorporate the environmental
benefits of the project into their grant applications((, and the
department shall));
(b) Utilize the statement of environmental benefits, consideration,
except as provided in section 33 of this act, of whether the applicant
is a Puget Sound partner, as defined in RCW 90.71.010, and whether a
project is referenced in the action agenda developed by the Puget Sound
partnership under section 13 of this act, in its prioritization and
selection process((. The department shall also)); and
(c) Develop appropriate outcome-focused performance measures to be
used both for management and performance assessment of the grants.
(3) To the extent possible, the department should coordinate its
performance measure system with other natural resource-related agencies
as defined in RCW 43.41.270.
(4) The department shall consult with affected interest groups in
implementing this section.
(((3) During the fiscal biennium ending June 30, 2007, the funds
may be appropriated for boating safety, settlement costs for aquatic
lands cleanup, and shellfish management, enforcement, and enhancement
and assistance to local governments for septic system surveys and data
bases.)) (5) After January 1, 2010, any project designed to address the
restoration of Puget Sound may be funded under this chapter only if the
project is not in conflict with the action agenda developed by the
Puget Sound partnership under section 13 of this act.
NEW SECTION. Sec. 33 A new section is added to chapter 79.105
RCW to read as follows:
When administering funds under this chapter, the interagency
committee for outdoor recreation shall give preference only to Puget
Sound partners, as defined in RCW 90.71.010, in comparison to other
entities that are eligible to be included in the definition of Puget
Sound partner. Entities that are not eligible to be a Puget Sound
partner due to geographic location, composition, exclusion from the
scope of the Puget Sound action agenda developed by the Puget Sound
partnership under section 13 of this act, or for any other reason,
shall not be given less preferential treatment than Puget Sound
partners.
Sec. 34 RCW 79A.15.040 and 2005 c 303 s 3 are each amended to
read as follows:
(1) Moneys appropriated for this chapter to the habitat
conservation account shall be distributed in the following way:
(a) Not less than forty percent through June 30, 2011, at which
time the amount shall become forty-five percent, for the acquisition
and development of critical habitat;
(b) Not less than thirty percent for the acquisition and
development of natural areas;
(c) Not less than twenty percent for the acquisition and
development of urban wildlife habitat; and
(d) Not less than ten percent through June 30, 2011, at which time
the amount shall become five percent, shall be used by the committee to
fund restoration and enhancement projects on state lands. Only the
department of natural resources and the department of fish and wildlife
may apply for these funds to be used on existing habitat and natural
area lands.
(2)(a) In distributing these funds, the committee retains
discretion to meet the most pressing needs for critical habitat,
natural areas, and urban wildlife habitat, and is not required to meet
the percentages described in subsection (1) of this section in any one
biennium.
(b) If not enough project applications are submitted in a category
within the habitat conservation account to meet the percentages
described in subsection (1) of this section in any biennium, the
committee retains discretion to distribute any remaining funds to the
other categories within the account.
(3) Only state agencies may apply for acquisition and development
funds for natural areas projects under subsection (1) (b) of this
section.
(4) State and local agencies may apply for acquisition and
development funds for critical habitat and urban wildlife habitat
projects under subsection (1)(a) and (c) of this section.
(5)(a) Any lands that have been acquired with grants under this
section by the department of fish and wildlife are subject to an amount
in lieu of real property taxes and an additional amount for control of
noxious weeds as determined by RCW 77.12.203.
(b) Any lands that have been acquired with grants under this
section by the department of natural resources are subject to payments
in the amounts required under the provisions of RCW 79.70.130 and
79.71.130.
(6)(a) Except as otherwise conditioned by section 35 of this act,
the committee shall consider the following in determining distribution
priority:
(i) Whether the entity applying for funding is a Puget Sound
partner, as defined in RCW 90.71.010; and
(ii) Whether the project is referenced in the action agenda
developed by the Puget Sound partnership under section 13 of this act.
(7) After January 1, 2010, any project designed to address the
restoration of Puget Sound may be funded under this chapter only if the
project is not in conflict with the action agenda developed by the
Puget Sound partnership under section 13 of this act.
NEW SECTION. Sec. 35 A new section is added to chapter 79A.15
RCW to read as follows:
When administering funds under this chapter, the committee shall
give preference only to Puget Sound partners, as defined in RCW
90.71.010, in comparison to other entities that are eligible to be
included in the definition of Puget Sound partner. Entities that are
not eligible to be a Puget Sound partner due to geographic location,
composition, exclusion from the scope of the Puget Sound action agenda
developed by the Puget Sound partnership under section 13 of this act,
or for any other reason, shall not be given less preferential treatment
than Puget Sound partners.
Sec. 36 RCW 77.85.130 and 2005 c 309 s 8, 2005 c 271 s 1, and
2005 c 257 s 3 are each reenacted and amended to read as follows:
(1) The salmon recovery funding board shall develop procedures and
criteria for allocation of funds for salmon habitat projects and salmon
recovery activities on a statewide basis to address the highest
priorities for salmon habitat protection and restoration. To the
extent practicable the board shall adopt an annual allocation of
funding. The allocation should address both protection and restoration
of habitat, and should recognize the varying needs in each area of the
state on an equitable basis. The board has the discretion to partially
fund, or to fund in phases, salmon habitat projects. The board may
annually establish a maximum amount of funding available for any
individual project, subject to available funding. No projects required
solely as a mitigation or a condition of permitting are eligible for
funding.
(2)(a) In evaluating, ranking, and awarding funds for projects and
activities the board shall give preference to projects that:
(i) Are based upon the limiting factors analysis identified under
RCW 77.85.060;
(ii) Provide a greater benefit to salmon recovery based upon the
stock status information contained in the department of fish and
wildlife salmonid stock inventory (SASSI), the salmon and steelhead
habitat inventory and assessment project (SSHIAP), and any comparable
science-based assessment when available;
(iii) Will benefit listed species and other fish species;
(iv) Will preserve high quality salmonid habitat; ((and))
(v) Are included in a regional or watershed-based salmon recovery
plan that accords the project, action, or area a high priority for
funding;
(vi) Are, except as provided in section 37 of this act, sponsored
by an entity that is a Puget Sound partner, as defined in RCW
90.71.010; and
(vii) Are projects referenced in the action agenda developed by the
Puget Sound partnership under section 13 of this act.
(b) In evaluating, ranking, and awarding funds for projects and
activities the board shall also give consideration to projects that:
(i) Are the most cost-effective;
(ii) Have the greatest matched or in-kind funding;
(iii) Will be implemented by a sponsor with a successful record of
project implementation; ((and))
(iv) Involve members of the veterans conservation corps established
in RCW 43.60A.150; and
(v) Are part of a regionwide list developed by lead entities.
(3) The board may reject, but not add, projects from a habitat
project list submitted by a lead entity for funding.
(4) The board shall establish criteria for determining when block
grants may be made to a lead entity. The board may provide block
grants to the lead entity to implement habitat project lists developed
under RCW 77.85.050, subject to available funding. The board shall
determine an equitable minimum amount of project funds for each
recovery region, and shall distribute the remainder of funds on a
competitive basis. The board may also provide block grants to the lead
entity or regional recovery organization to assist in carrying out
functions described under this chapter. Block grants must be expended
consistent with the priorities established for the board in subsection
(2) of this section. Lead entities or regional recovery organizations
receiving block grants under this subsection shall provide an annual
report to the board summarizing how funds were expended for activities
consistent with this chapter, including the types of projects funded,
project outcomes, monitoring results, and administrative costs.
(5) The board may waive or modify portions of the allocation
procedures and standards adopted under this section in the award of
grants or loans to conform to legislative appropriations directing an
alternative award procedure or when the funds to be awarded are from
federal or other sources requiring other allocation procedures or
standards as a condition of the board's receipt of the funds. The
board shall develop an integrated process to manage the allocation of
funding from federal and state sources to minimize delays in the award
of funding while recognizing the differences in state and legislative
appropriation timing.
(6) The board may award a grant or loan for a salmon recovery
project on private or public land when the landowner has a legal
obligation under local, state, or federal law to perform the project,
when expedited action provides a clear benefit to salmon recovery, and
there will be harm to salmon recovery if the project is delayed. For
purposes of this subsection, a legal obligation does not include a
project required solely as a mitigation or a condition of permitting.
(7) Property acquired or improved by a project sponsor may be
conveyed to a federal agency if: (a) The agency agrees to comply with
all terms of the grant or loan to which the project sponsor was
obligated; or (b) the board approves: (i) Changes in the terms of the
grant or loan, and the revision or removal of binding deed of right
instruments; and (ii) a memorandum of understanding or similar document
ensuring that the facility or property will retain, to the extent
feasible, adequate habitat protections; and (c) the appropriate
legislative authority of the county or city with jurisdiction over the
project area approves the transfer and provides notification to the
board.
(8) After January 1, 2010, any project designed to address the
restoration of Puget Sound may be funded under this chapter only if the
project is not in conflict with the action agenda developed by the
Puget Sound partnership under section 13 of this act.
NEW SECTION. Sec. 37 A new section is added to chapter 77.85 RCW
to read as follows:
When administering funds under this chapter, the board shall give
preference only to Puget Sound partners, as defined in RCW 90.71.010,
in comparison to other entities that are eligible to be included in the
definition of Puget Sound partner. Entities that are not eligible to
be a Puget Sound partner due to geographic location, composition,
exclusion from the scope of the Puget Sound action agenda developed by
the Puget Sound partnership under section 13 of this act, or for any
other reason, shall not be given less preferential treatment than Puget
Sound partners.
Sec. 38 RCW 90.50A.030 and 1996 c 37 s 4 are each amended to read
as follows:
The department ((of ecology)) shall use the moneys in the water
pollution control revolving fund to provide financial assistance as
provided in the water quality act of 1987 and as provided in RCW
90.50A.040:
(1) To make loans, on the condition that:
(a) Such loans are made at or below market interest rates,
including interest free loans, at terms not to exceed twenty years;
(b) Annual principal and interest payments will commence not later
than one year after completion of any project and all loans will be
fully amortized not later then twenty years after project completion;
(c) The recipient of a loan will establish a dedicated source of
revenue for repayment of loans; and
(d) The fund will be credited with all payments of principal and
interest on all loans.
(2) Loans may be made for the following purposes:
(a) To public bodies for the construction or replacement of water
pollution control facilities as defined in section 212 of the federal
water quality act of 1987;
(b) For the implementation of a management program established
under section 319 of the federal water quality act of 1987 relating to
the management of nonpoint sources of pollution, subject to the
requirements of that act; and
(c) For development and implementation of a conservation and
management plan under section 320 of the federal water quality act of
1987 relating to the national estuary program, subject to the
requirements of that act.
(3) The department may also use the moneys in the fund for the
following purposes:
(a) To buy or refinance the water pollution control facilities'
debt obligations of public bodies at or below market rates, if such
debt was incurred after March 7, 1985;
(b) To guarantee, or purchase insurance for, public body
obligations for water pollution control facility construction or
replacement or activities if the guarantee or insurance would improve
credit market access or reduce interest rates, or to provide loans to
a public body for this purpose;
(c) As a source of revenue or security for the payment of principal
and interest on revenue or general obligation bonds issued by the state
if the proceeds of the sale of such bonds will be deposited in the
fund;
(d) To earn interest on fund accounts; and
(e) To pay the expenses of the department in administering the
water pollution control revolving fund according to administrative
reserves authorized by federal and state law.
(4) ((Beginning with the biennium ending June 30, 1997,)) The
department shall present a biennial progress report on the use of
moneys from the account to the ((chairs of the senate committee on ways
and means and the house of representatives committee on appropriations.
The first report is due June 30, 1996, and the report for each
succeeding biennium is due December 31 of the odd-numbered year))
appropriate committees of the legislature. The report shall consist of
a list of each recipient, project description, and amount of the grant,
loan, or both.
(5) The department may not use the moneys in the water pollution
control revolving fund for grants.
Sec. 39 RCW 90.50A.040 and 1988 c 284 s 5 are each amended to
read as follows:
Moneys deposited in the water pollution control revolving fund
shall be administered by the department ((of ecology)). In
administering the fund, the department shall:
(1) Consistent with RCW 90.50A.030 and section 40 of this act,
allocate funds for loans in accordance with the annual project priority
list in accordance with section 212 of the federal water pollution
control act as amended in 1987, and allocate funds under sections 319
and 320 according to the provisions of that act;
(2) Use accounting, audit, and fiscal procedures that conform to
generally accepted government accounting standards;
(3) Prepare any reports required by the federal government as a
condition to awarding federal capitalization grants;
(4) Adopt by rule any procedures or standards necessary to carry
out the provisions of this chapter;
(5) Enter into agreements with the federal environmental protection
agency;
(6) Cooperate with local, substate regional, and interstate
entities regarding state assessment reports and state management
programs related to the nonpoint source management programs as noted in
section 319(c) of the federal water pollution control act amendments of
1987 and estuary programs developed under section 320 of that act;
((and))
(7) Comply with provisions of the water quality act of 1987; and
(8) After January 1, 2010, not provide funding for projects
designed to address the restoration of Puget Sound that are in conflict
with the action agenda developed by the Puget Sound partnership under
section 13 of this act.
NEW SECTION. Sec. 40 A new section is added to chapter 90.50A
RCW to read as follows:
(1) In administering the fund, the department shall give priority
consideration to:
(a) A public body that is a Puget Sound partner, as defined in RCW
90.71.010; and
(b) A project that is referenced in the action agenda developed by
the Puget Sound partnership under section 13 of this act.
(2) When implementing this section, the department shall give
preference only to Puget Sound partners, as defined in RCW 90.71.010,
in comparison to other entities that are eligible to be included in the
definition of Puget Sound partner. Entities that are not eligible to
be a Puget Sound partner due to geographic location, composition,
exclusion from the scope of the Puget Sound action agenda developed
under section 13 of this act, or for any other reason, shall not be
given less preferential treatment than Puget Sound partners.
NEW SECTION. Sec. 41
(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. 42
Sec. 43 RCW 90.71.100 and 2001 c 273 s 3 are each amended to read
as follows:
(1)(a) The ((action team)) department of health shall ((establish
a)) manage the established 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 or loans to individuals for
improving their on-site sewage systems. The grants or loans may be
provided only in areas that have the potential to adversely affect
water quality in commercial and recreational shellfish growing areas.
(b) A recipient of a grant or loan 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.
(c) The ((action team)) department of health shall work closely
with local health jurisdictions and ((shall endeavor)) it shall be the
goal of the department of health to attain geographic equity between
Grays Harbor, Willapa Bay, and ((the)) Puget Sound when making funds
available under this program.
(d) For the purposes of this subsection, "geographic equity" means
issuing on-site sewage grants or loans 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; or
(c) Identified as a marine recovery area under chapter 70.118A 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))
For the 2007-2009 biennium, from the funds received under this section,
Pacific county may transfer up to two hundred thousand dollars to the
department of fish and wildlife for research identified by the
department of fish and wildlife and the appropriate oyster reserve
advisory committee under RCW 77.60.160.
Sec. 44 RCW 77.60.160 and 2001 c 273 s 2 are each amended to read
as follows:
(1) The oyster reserve land account is created in the state
treasury. All receipts from revenues from the lease of land or sale of
shellfish from oyster reserve lands must be deposited into the account.
Moneys in the account may be spent only after appropriation.
Expenditures from the account may be used only as provided in this
section.
(2) Funds in the account shall be used for the purposes provided
for in this subsection:
(a) Up to forty percent for the management expenses incurred by the
department that are directly attributable to the management of the
oyster reserve lands and for the expenses associated with new research
and development activities at the Pt. Whitney and Nahcotta shellfish
laboratories managed by the department. As used in this subsection,
"new research and development activities" includes an emphasis on the
control of aquatic nuisance species and burrowing shrimp;
(b) Up to ten percent may be deposited into the state general fund;
and
(c) Except as provided in subsection (3) of this section, all
remaining funds in the account shall be used for the shellfish - on-site sewage grant program established in RCW 90.71.100.
(3)(a) No later than January 1st of each year, from revenues
received from the Willapa bay oyster reserve, the department shall
transfer one hundred thousand dollars to the on-site sewage grant
program established in RCW 90.71.100 (as recodified by this act).
(b) All remaining revenues received from the Willapa bay oyster
reserve shall be used to fund research activities as specified in
subsection 2(a) of this section.
NEW SECTION. Sec. 45 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, to one confidential secretary, and to all
professional staff.
Sec. 46 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. 47 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. 48 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.
Sec. 49 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, except for the program
known as the Hood Canal summer chum evolutionarily significant unit
area, which the Hood Canal coordinating council shall continue to
administer under chapter 90.88 RCW.
Sec. 50 RCW 90.88.005 and 2005 c 478 s 1 are each amended to read
as follows:
(1) The legislature finds that Hood Canal is a precious aquatic
resource of our state. The legislature finds that Hood Canal is a rich
source of recreation, fishing, aquaculture, and aesthetic enjoyment for
the citizens of this state. The legislature also finds that Hood Canal
has great cultural significance for the tribes in the Hood Canal area.
The legislature therefore recognizes Hood Canal's substantial
environmental, cultural, economic, recreational, and aesthetic
importance in this state.
(2) The legislature finds that Hood Canal is a marine water of the
state at significant risk. The legislature finds that Hood Canal has
a "dead zone" related to low-dissolved oxygen concentrations, a
condition that has recurred for many years. The legislature also finds
that this problem and various contributors to the problem were
documented in the May 2004 Preliminary Assessment and Corrective Action
Plan published by the state agency known as the Puget Sound action team
and the Hood Canal coordinating council.
(3) The legislature further finds that significant research,
monitoring, and study efforts are currently occurring regarding Hood
Canal's low-dissolved oxygen concentrations. The legislature also
finds numerous public, private, and community organizations are working
to provide public education and identify potential solutions. The
legislature recognizes that, while some information and research is now
available and some potential solutions have been identified, more
research and analysis is needed to fully develop a program to address
Hood Canal's low-dissolved oxygen concentrations.
(4) The legislature finds a need exists for the state to take
action to address Hood Canal's low-dissolved oxygen concentrations.
The legislature also finds establishing an aquatic rehabilitation zone
for Hood Canal will serve as a statutory framework for future
regulations and programs directed at recovery of this important aquatic
resource.
(5) The legislature therefore intends to establish an aquatic
rehabilitation zone for Hood Canal as the framework to address Hood
Canal's low-dissolved oxygen concentrations. The legislature also
intends to incorporate provisions in the new statutory chapter creating
the designation as solutions are identified regarding this problem.
Sec. 51 RCW 90.88.020 and 2005 c 479 s 2 are each amended to read
as follows:
(1) The development of a program for rehabilitation of Hood Canal
is authorized in Jefferson, Kitsap, and Mason counties within the
aquatic rehabilitation zone one.
(2) The Puget Sound ((action team)) partnership, created in section
3 of this act, is designated as the state lead agency for the
rehabilitation program authorized in this section.
(3) The Hood Canal coordinating council is designated as the local
management board for the rehabilitation program authorized in this
section.
(4) The Puget Sound ((action team)) partnership and the Hood Canal
coordinating council must each approve and must comanage projects under
the rehabilitation program authorized in this section.
Sec. 52 RCW 90.88.030 and 2005 c 479 s 3 are each amended to read
as follows:
(1) The Hood Canal coordinating council shall serve as the local
management board for aquatic rehabilitation zone one. The local
management board shall coordinate local government efforts with respect
to the program authorized according to RCW 90.88.020. In the Hood
Canal area, the Hood Canal coordinating council also shall:
(a) Serve as the lead entity and the regional recovery organization
for the purposes of chapter 77.85 RCW for Hood Canal summer chum; and
(b) Assist in coordinating activities under chapter 90.82 RCW.
(2) When developing and implementing the program authorized in RCW
90.88.020 and when establishing funding criteria according to
subsection (7) of this section, the Puget Sound ((action team))
partnership, created in section 3 of this act, and the local management
board shall solicit participation by federal, tribal, state, and local
agencies and universities and nonprofit organizations with expertise in
areas related to program activities. The local management board may
include state and federal agency representatives, or additional
persons, as nonvoting management board members or may receive technical
assistance and advice from them in other venues. The local management
board also may appoint technical advisory committees as needed.
(3) The local management board and the Puget Sound ((action team))
partnership shall participate in the development of the program
authorized under RCW 90.88.020.
(4) The local management board and its participating local and
tribal governments shall assess concepts for a regional governance
structure and shall submit a report regarding the findings and
recommendations to the appropriate committees of the legislature by
December 1, 2007.
(5) Any of the local management board's participating counties and
tribes, any federal, tribal, state, or local agencies, or any
universities or nonprofit organizations may continue individual efforts
and activities for rehabilitation of Hood Canal. Nothing in this
section limits the authority of units of local government to enter into
interlocal agreements under chapter 39.34 RCW or any other provision of
law.
(6) The local management board may not exercise authority over land
or water within the individual counties or otherwise preempt the
authority of any units of local government.
(7) The local management board and the Puget Sound ((action team))
partnership each may receive and disburse funding for projects,
studies, and activities related to Hood Canal's low-dissolved oxygen
concentrations. The Puget Sound ((action team)) partnership and the
local management board shall jointly coordinate a process to prioritize
projects, studies, and activities for which the Puget Sound ((action
team)) partnership receives state funding specifically allocated for
Hood Canal corrective actions to implement this section. The local
management board and the Puget Sound ((action team)) partnership shall
establish criteria for funding these projects, studies, and activities
based upon their likely value in addressing and resolving Hood Canal's
low-dissolved oxygen concentrations. Final approval for projects under
this section requires the consent of both the Puget Sound ((action
team)) partnership and the local management board. Projects under this
section must be comanaged by the Puget Sound ((action team))
partnership and the local management board. Nothing in this section
prohibits any federal, tribal, state, or local agencies, universities,
or nonprofit organizations from receiving funding for specific projects
that may assist in the rehabilitation of Hood Canal.
(8) The local management board may hire and fire staff, including
an executive director, enter into contracts, accept grants and other
moneys, disburse funds, make recommendations to local governments about
potential regulations and the development of programs and incentives
upon request, pay all necessary expenses, and choose a fiduciary agent.
(9) The local management board shall report its progress on a
quarterly basis to the legislative bodies of the participating counties
and tribes and the participating state agencies. The local management
board also shall submit an annual report describing its efforts and
successes in implementing the program established according to RCW
90.88.020 to the appropriate committees of the legislature.
Sec. 53 RCW 90.88.901 and 2005 c 479 s 5 are each amended to read
as follows:
Nothing in chapter 479, Laws of 2005 provides any regulatory
authority to the Puget Sound ((action team)) partnership, created in
section 3 of this act, or the Hood Canal coordinating council.
Sec. 54 RCW 90.88.902 and 2005 c 479 s 6 are each amended to read
as follows:
The activities of the Puget Sound ((action team)) partnership,
created in section 3 of this act, and the Hood Canal coordinating
council required by chapter 479, Laws of 2005 are subject to the
availability of amounts appropriated for this specific purpose.
Sec. 55 RCW 90.48.260 and 2003 c 325 s 7 are each amended to read
as follows:
The department of ecology is hereby designated as the State Water
Pollution Control Agency for all purposes of the federal clean water
act as it exists on February 4, 1987, and is hereby authorized to
participate fully in the programs of the act as well as to take all
action necessary to secure to the state the benefits and to meet the
requirements of that act. With regard to the national estuary program
established by section 320 of that act, the department shall exercise
its responsibility jointly with the Puget Sound ((water quality
authority)) partnership, created in section 3 of this act. The
department of ecology may delegate its authority under this chapter,
including its national pollutant discharge elimination permit system
authority and duties regarding animal feeding operations and
concentrated animal feeding operations, to the department of
agriculture through a memorandum of understanding. Until any such
delegation receives federal approval, the department of agriculture's
adoption or issuance of animal feeding operation and concentrated
animal feeding operation rules, permits, programs, and directives
pertaining to water quality shall be accomplished after reaching
agreement with the director of the department of ecology. Adoption or
issuance and implementation shall be accomplished so that compliance
with such animal feeding operation and concentrated animal feeding
operation rules, permits, programs, and directives will achieve
compliance with all federal and state water pollution control laws.
The powers granted herein include, among others, and notwithstanding
any other provisions of chapter 90.48 RCW or otherwise, the following:
(1) Complete authority to establish and administer a comprehensive
state point source waste discharge or pollution discharge elimination
permit program which will enable the department to qualify for full
participation in any national waste discharge or pollution discharge
elimination permit system and will allow the department to be the sole
agency issuing permits required by such national system operating in
the state of Washington subject to the provisions of RCW 90.48.262(2).
Program elements authorized herein may include, but are not limited to:
(a) Effluent treatment and limitation requirements together with timing
requirements related thereto; (b) applicable receiving water quality
standards requirements; (c) requirements of standards of performance
for new sources; (d) pretreatment requirements; (e) termination and
modification of permits for cause; (f) requirements for public notices
and opportunities for public hearings; (g) appropriate relationships
with the secretary of the army in the administration of his
responsibilities which relate to anchorage and navigation, with the
administrator of the environmental protection agency in the performance
of his duties, and with other governmental officials under the federal
clean water act; (h) requirements for inspection, monitoring, entry,
and reporting; (i) enforcement of the program through penalties,
emergency powers, and criminal sanctions; (j) a continuing planning
process; and (k) user charges.
(2) The power to establish and administer state programs in a
manner which will insure the procurement of moneys, whether in the form
of grants, loans, or otherwise; to assist in the construction,
operation, and maintenance of various water pollution control
facilities and works; and the administering of various state water
pollution control management, regulatory, and enforcement programs.
(3) The power to develop and implement appropriate programs
pertaining to continuing planning processes, area-wide waste treatment
management plans, and basin planning.
The governor shall have authority to perform those actions required
of him or her by the federal clean water act.
Sec. 56 RCW 79A.60.520 and 1999 c 249 s 1507 are each amended to
read as follows:
The commission, in consultation with the departments of ecology,
fish and wildlife, natural resources, social and health services, and
the Puget Sound ((action team)) partnership shall conduct a literature
search and analyze pertinent studies to identify areas which are
polluted or environmentally sensitive within the state's waters. Based
on this review the commission shall designate appropriate areas as
polluted or environmentally sensitive, for the purposes of chapter 393,
Laws of 1989 only.
Sec. 57 RCW 79A.60.510 and 1999 c 249 s 1506 are each amended to
read as follows:
The legislature finds that the waters of Washington state provide
a unique and valuable recreational resource to large and growing
numbers of boaters. Proper stewardship of, and respect for, these
waters requires that, while enjoying them for their scenic and
recreational benefits, boaters must exercise care to assure that such
activities do not contribute to the despoliation of these waters, and
that watercraft be operated in a safe and responsible manner. The
legislature has specifically addressed the topic of access to clean and
safe waterways by requiring the 1987 boating safety study and by
establishing the Puget Sound ((action team)) partnership.
The legislature finds that there is a need to educate Washington's
boating community about safe and responsible actions on our waters and
to increase the level and visibility of the enforcement of boating
laws. To address the incidence of fatalities and injuries due to
recreational boating on our state's waters, local and state efforts
directed towards safe boating must be stimulated. To provide for safe
waterways and public enjoyment, portions of the watercraft excise tax
and boat registration fees should be made available for boating safety
and other boating recreation purposes.
In recognition of the need for clean waterways, and in keeping with
the Puget Sound ((action team's)) partnership's water quality work
plan, the legislature finds that adequate opportunities for responsible
disposal of boat sewage must be made available. There is hereby
established a five-year initiative to install sewage pumpout or sewage
dump stations at appropriate marinas.
To assure the use of these sewage facilities, a boater
environmental education program must accompany the five-year initiative
and continue to educate boaters about boat wastes and aquatic
resources.
The legislature also finds that, in light of the increasing numbers
of boaters utilizing state waterways, a program to acquire and develop
sufficient waterway access facilities for boaters must be undertaken.
To support boating safety, environmental protection and education,
and public access to our waterways, the legislature declares that a
portion of the income from boating-related activities, as specified in
RCW 82.49.030 and 88.02.040, should support these efforts.
Sec. 58 RCW 79.105.500 and 2005 c 155 s 158 are each amended to
read as follows:
The legislature finds that the department provides, manages, and
monitors aquatic land dredged material disposal sites on state-owned
aquatic lands for materials dredged from rivers, harbors, and shipping
lanes. These disposal sites are approved through a cooperative
planning process by the departments of natural resources and ecology,
the United States army corps of engineers, and the United States
environmental protection agency in cooperation with the Puget Sound
((action team)) partnership. These disposal sites are essential to the
commerce and well-being of the citizens of the state of Washington.
Management and environmental monitoring of these sites are necessary to
protect environmental quality and to assure appropriate use of state-owned aquatic lands. The creation of an aquatic land dredged material
disposal site account is a reasonable means to enable and facilitate
proper management and environmental monitoring of these disposal sites.
Sec. 59 RCW 77.60.130 and 2000 c 149 s 1 are each amended to read
as follows:
(1) The aquatic nuisance species committee is created for the
purpose of fostering state, federal, tribal, and private cooperation on
aquatic nuisance species issues. The mission of the committee is to
minimize the unauthorized or accidental introduction of nonnative
aquatic species and give special emphasis to preventing the
introduction and spread of aquatic nuisance species. The term "aquatic
nuisance species" means a nonnative aquatic plant or animal species
that threatens the diversity or abundance of native species, the
ecological stability of infested waters, or commercial, agricultural,
or recreational activities dependent on such waters.
(2) The committee consists of representatives from each of the
following state agencies: Department of fish and wildlife, department
of ecology, department of agriculture, department of health, department
of natural resources, Puget Sound ((water quality action team))
partnership, state patrol, state noxious weed control board, and
Washington sea grant program. The committee shall encourage and
solicit participation by: Federally recognized tribes of Washington,
federal agencies, Washington conservation organizations, environmental
groups, and representatives from industries that may either be affected
by the introduction of an aquatic nuisance species or that may serve as
a pathway for their introduction.
(3) The committee has the following duties:
(a) Periodically revise the state of Washington aquatic nuisance
species management plan, originally published in June 1998;
(b) Make recommendations to the legislature on statutory provisions
for classifying and regulating aquatic nuisance species;
(c) Recommend to the state noxious weed control board that a plant
be classified under the process designated by RCW 17.10.080 as an
aquatic noxious weed;
(d) Coordinate education, research, regulatory authorities,
monitoring and control programs, and participate in regional and
national efforts regarding aquatic nuisance species;
(e) Consult with representatives from industries and other
activities that may serve as a pathway for the introduction of aquatic
nuisance species to develop practical strategies that will minimize the
risk of new introductions; and
(f) Prepare a biennial report to the legislature with the first
report due by December 1, 2001, making recommendations for better
accomplishing the purposes of this chapter, and listing the
accomplishments of this chapter to date.
(4) The committee shall accomplish its duties through the authority
and cooperation of its member agencies. Implementation of all plans
and programs developed by the committee shall be through the member
agencies and other cooperating organizations.
Sec. 60 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, created in section 3 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.
Sec. 61 RCW 70.118.090 and 1994 c 281 s 6 are each amended to
read as follows:
The department may not use funds appropriated to implement an
element of the action agenda developed by the Puget Sound ((water
quality authority plan)) partnership under section 13 of this act to
conduct any activity required under chapter 281, Laws of 1994.
Sec. 62 RCW 43.21J.030 and 1998 c 245 s 60 are each amended to
read as follows:
(1) There is created the environmental enhancement and job creation
task force within the office of the governor. The purpose of the task
force is to provide a coordinated and comprehensive approach to
implementation of chapter 516, Laws of 1993. The task force shall
consist of the commissioner of public lands, the director of the
department of fish and wildlife, the director of the department of
ecology, the director of the parks and recreation commission, the
timber team coordinator, the executive director of the work force
training and education coordinating board, and the executive director
of the Puget Sound ((water quality authority)) partnership, or their
designees. The task force may seek the advice of the following
agencies and organizations: The department of community, trade, and
economic development, the conservation commission, the employment
security department, the interagency committee for outdoor recreation,
appropriate federal agencies, appropriate special districts, the
Washington state association of counties, the association of Washington
cities, labor organizations, business organizations, timber-dependent
communities, environmental organizations, and Indian tribes. The
governor shall appoint the task force chair. Members of the task force
shall serve without additional pay. Participation in the work of the
committee by agency members shall be considered in performance of their
employment. The governor shall designate staff and administrative
support to the task force and shall solicit the participation of agency
personnel to assist the task force.
(2) The task force shall have the following responsibilities:
(a) Soliciting and evaluating, in accordance with the criteria set
forth in RCW 43.21J.040, requests for funds from the environmental and
forest restoration account and making distributions from the account.
The task force shall award funds for projects and training programs it
approves and may allocate the funds to state agencies for disbursement
and contract administration;
(b) Coordinating a process to assist state agencies and local
governments to implement effective environmental and forest restoration
projects funded under this chapter;
(c) Considering unemployment profile data provided by the
employment security department.
(3) Beginning July 1, 1994, the task force shall have the following
responsibilities:
(a) To solicit and evaluate proposals from state and local
agencies, private nonprofit organizations, and tribes for environmental
and forest restoration projects;
(b) To rank the proposals based on criteria developed by the task
force in accordance with RCW 43.21J.040; and
(c) To determine funding allocations for projects to be funded from
the account created in RCW 43.21J.020 and for projects or programs as
designated in the omnibus operating and capital appropriations acts.
Sec. 63 RCW 43.21J.040 and 1993 c 516 s 4 are each amended to
read as follows:
(1) Subject to the limitations of RCW 43.21J.020, the task force
shall award funds from the environmental and forest restoration account
on a competitive basis. The task force shall evaluate and rate
environmental enhancement and restoration project proposals using the
following criteria:
(a) The ability of the project to produce measurable improvements
in water and habitat quality;
(b) The cost-effectiveness of the project based on: (i) Projected
costs and benefits of the project; (ii) past costs and environmental
benefits of similar projects; and (iii) the ability of the project to
achieve cost efficiencies through its design to meet multiple policy
objectives;
(c) The inclusion of the project as a high priority in a federal,
state, tribal, or local government plan relating to environmental or
forest restoration, including but not limited to a local watershed
action plan, storm water management plan, capital facility plan, growth
management plan, or a flood control plan; or the ranking of the project
by conservation districts as a high priority for water quality and
habitat improvements;
(d) The number of jobs to be created by the project for dislocated
forest products workers, high-risk youth, and residents of impact
areas;
(e) Participation in the project by environmental businesses to
provide training, cosponsor projects, and employ or jointly employ
project participants;
(f) The ease with which the project can be administered from the
community the project serves;
(g) The extent to which the project will either augment existing
efforts by organizations and governmental entities involved in
environmental and forest restoration in the community or receive
matching funds, resources, or in-kind contributions; and
(h) The capacity of the project to produce jobs and job-related
training that will pay market rate wages and impart marketable skills
to workers hired under this chapter.
(2) The following types of projects and programs shall be given top
priority in the first fiscal year after July 1, 1993:
(a) Projects that are highly ranked in and implement adopted or
approved watershed action plans, such as those developed pursuant to
rules adopted by the agency then known as the Puget Sound water quality
authority ((rules adopted)) for local planning and management of
nonpoint source pollution;
(b) Conservation district projects that provide water quality and
habitat improvements;
(c) Indian tribe projects that provide water quality and habitat
improvements; or
(d) Projects that implement actions approved by a shellfish
protection district under chapter 100, Laws of 1992.
(3) Funds shall not be awarded for the following activities:
(a) Administrative rule making;
(b) Planning; or
(c) Public education.
Sec. 64 RCW 28B.30.632 and 1990 c 289 s 2 are each amended to
read as follows:
(1) The sea grant and cooperative extension shall jointly
administer a program to provide field agents to work with local
governments, property owners, and the general public to increase the
propagation of shellfish, and to address Puget Sound water quality
problems within Kitsap, Mason, and Jefferson counties that may limit
shellfish propagation potential. The sea grant and cooperative
extension shall each make available the services of no less than two
agents within these counties for the purposes of this section.
(2) The responsibilities of the field agents shall include but not
be limited to the following:
(a) Provide technical assistance to property owners, marine
industry owners and operators, and others, regarding methods and
practices to address nonpoint and point sources of pollution of Puget
Sound;
(b) Provide technical assistance to address water quality problems
limiting opportunities for enhancing the recreational harvest of
shellfish;
(c) Provide technical assistance in the management and increased
production of shellfish to facility operators or to those interested in
establishing an operation;
(d) Assist local governments to develop and implement education and
public involvement activities related to Puget Sound water quality;
(e) Assist in coordinating local water quality programs with
region-wide and statewide programs;
(f) Provide information and assistance to local watershed
committees.
(3) The sea grant and cooperative extension shall mutually
coordinate their field agent activities to avoid duplicative efforts
and to ensure that the full range of responsibilities under RCW
28B.30.632 through 28B.30.636 are carried out. They shall consult with
the Puget Sound ((water quality authority)) partnership, created in
section 3 of this act, and ensure consistency with ((the authority's))
any of the Puget Sound partnership's water quality management plans.
(4) Recognizing the special expertise of both agencies, the sea
grant and cooperative extension shall cooperate to divide their
activities as follows:
(a) Sea grant shall have primary responsibility to address water
quality issues related to activities within Puget Sound, and to provide
assistance regarding the management and improvement of shellfish
production; and
(b) Cooperative extension shall have primary responsibility to
address upland and freshwater activities affecting Puget Sound water
quality and associated watersheds.
NEW SECTION. Sec. 65 RCW 90.71.902 and 90.71.903 are each
decodified.
NEW SECTION. Sec. 66 RCW 90.71.100 is recodified as a new
section in chapter 70.118 RCW.
NEW SECTION. Sec. 67 The
following acts or parts of acts are
each repealed:
(1) RCW 90.71.005 (Findings) and 1998 c 246 s 13 & 1996 c 138 s 1;
(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. 68 Sections 1, 3 through 21, 23, 41, and 42 of
this act are each added to chapter
NEW SECTION. Sec. 69 If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected.
NEW SECTION. Sec. 70 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.