SENATE BILL REPORT

ESHB 1885

As Reported by Senate Committee On:

Natural Resources & Marine Waters, March 23, 2011

Title: An act relating to providing streamlining improvements in the administration of programs affecting the natural environment.

Brief Description: Providing streamlining improvements in the administration of programs affecting the natural environment.

Sponsors: House Committee on Environment (originally sponsored by Representatives Moscoso, Rolfes and Fitzgibbon).

Brief History: Passed House: 3/01/11, 98-0.

Committee Activity: Natural Resources & Marine Waters: 3/14/11, 3/23/11 [DPA].

Majority Report: Do pass as amended.

Signed by Senators Ranker, Chair; Regala, Vice Chair; Morton, Ranking Minority Member; Hargrove and Swecker.

Staff: Sherry McNamara (786-7402)

Background: There are multiple state agencies responsible for the administration of statutes that affect the state's natural resources and environment. These agencies include State Parks and Recreation Commission (State Parks), the State Conservation Commission, the Puget Sound Partnership, and the departments of Ecology, Natural Resources (DNR), Fish and Wildlife, and Agriculture.

Collectively, these state agencies manage programs as diverse as wildlife management, water resources, air quality, agricultural production, forest practices, aquatic lands management, fisheries, and outdoor recreation.

Summary of Bill (Recommended Amendments): Certain natural resource state agencies' programs are amended to remove detailed direction in the program's administration. These changes include:

• making certain mandatory administrative actions discretionary;

• removing recurring timelines from reporting requirements so reports are only produced when requested or as necessary;

• eliminating outdated provisions and expired dates;

• providing agency flexibility in regards to certain program details; and

• allowing flexibility in the receipt of federal funds.

Some specific examples include:

• providing discretion for the Department of Agriculture to market shellfish aquaculture when funding allows;

• removing the requirement that State Parks maintain recycling containers that are emptied daily at at least 40 parks;

• updating the Puget Sound Partnership's requirements to show that the Action Agenda has been completed;

• allowing the Department of Fish and Wildlife to estimate the costs of capacity salmon production only when requested by the Office of Financial Management;

• removing outdated sections relating to the Clean Washington Center which was terminated in 1997; and

• allowing DNR to maintain a list of fees collected in a manner deemed efficient and effective.

EFFECT OF CHANGES MADE BY NATURAL RESOURCES & MARINE WATERS COMMITTEE (Recommended Amendments):

• Clarifies that DNR may use funds received as part of a land transaction to carry out road maintenance and abandonment requirements.

• Adds local integrating organizations recognized by the Leadership Council to allow the Puget Sound Partnership to utilize these entities to implement the action agenda.

• Adds Nooksack Basin as a new action area based on the different watershed and geographic characteristics.

• Rewrites the provision on the nomination of scientists by the Academy of Sciences to reflect that the Academy of Sciences does not nominate the scientists, but reviews the credentials of scientists.

• Replaces the term benchmarks with targets relating to performance management.

Appropriation: None.

Fiscal Note: Available.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony on Engrossed Substitute House Bill: PRO: This bill initiates government reform options that bring about some cost savings to the agencies. It is a cumulative effect over time that will amount to some current and future savings for the agencies. The bill also removes some legislatively mandated requirements that will hopefully reduce some of the bureaucracy. DNR supports this bill and would like to request an amendment. The purpose of the amendment would be to clarify the use of the funds received as part of a land transaction can be used for road maintenance and repair requirements.

Persons Testifying: PRO: Representative Moscoso, prime sponsor; Lenny Young, DNR.