BILL REQ. #:  H-1697.2 

READ FIRST TIME 02/17/11.   

     AN ACT Relating to providing streamlining improvements in the administration of programs affecting the natural environment; amending RCW 79A.05.020, 79A.05.045, 70.93.200, 70.93.220, 70.93.250, 70.95I.080, 70.95J.025, 70.105.210, 70.105.220, 90.80.150, 90.54.160, 90.44.052, 90.90.030, 90.90.040, 90.82.043, 70.107.030, 70.107.060, 70.95.290, 70.95C.220, 42.56.270, 89.08.040, 89.08.050, 43.23.130, 15.85.050, 77.04.150, 77.12.068, 77.12.702, 77.12.755, 77.12.820, 77.60.130, 77.95.020, 77.95.190, 77.95.200, 77.95.230, 43.30.340, 76.06.150, 79.02.260, 79.17.010, 79.17.020, 79.19.100, 79.125.710, 79.140.020, 79.105.410, 90.71.010, 90.71.230, 90.71.250, 90.71.260, 90.71.270, 90.71.280, 90.71.290, 90.71.300, 90.71.310, 90.71.370, 90.71.340, 90.71.360, 43.155.070, 70.105D.070, 70.146.070, 79.105.150, 79A.15.040, and 89.08.520; reenacting and amending RCW 79A.05.030 and 77.85.130; and repealing RCW 79A.05.190, 79A.05.195, 79A.05.351, 70.95C.250, 70.95H.005, 70.95H.007, 70.95H.010, 70.95H.030, 70.95H.040, 70.95H.050, 70.95H.900, 70.95H.901, 70.107.080, 70.93.090, 79.125.730, 77.95.140, 77.95.150, 77.95.160, 43.30.345, 43.30.360, 43.30.370, 79.125.610, 43.155.110, 70.105D.120, 70.146.110, 77.85.240, 79.105.610, 79A.15.140, 89.08.580, and 90.50A.080.

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

Sec. 101   RCW 79A.05.020 and 1999 c 249 s 301 are each amended to read as follows:
     (1) In addition to whatever other duties may exist in law or be imposed in the future, it is the duty of the commission to:
     (((1))) (a) Implement integrated pest management practices and regulate pests as required by RCW 17.15.020;
     (((2))) (b) Take steps necessary to control spartina and purple loosestrife as required by RCW 17.26.020;
     (((3))) (c) Participate in the implementation of chapter 19.02 RCW;
     (((4) Coordinate planning and provide staffing and administrative assistance to the Lewis and Clark trail committee as required by RCW 27.34.340;
     (5))) (d) Administer those portions of chapter 46.10 RCW not dealing with registration and licensing of snowmobiles as required by RCW ((46.10.210)) 46.10.370;
     (((6))) (e) Consult and participate in the scenic and recreational highway system as required by chapter 47.39 RCW; and
     (((7))) (f) Develop, prepare, and distribute information relating to marine oil recycling tanks and sewage holding tank pumping stations, in cooperation with other departments, as required by chapter 88.02 RCW.
     (2) The commission has the power reasonably necessary to carry out these duties.

Sec. 102   RCW 79A.05.030 and 2005 c 373 s 1 and 2005 c 360 s 5 are each reenacted and amended to read as follows:
     The commission shall:
     (1) Have the care, charge, control, and supervision of all parks and parkways acquired or set aside by the state for park or parkway purposes.
     (2) Adopt policies, and adopt, issue, and enforce rules pertaining to the use, care, and administration of state parks and parkways. The commission ((shall cause a copy of the rules to be kept posted in a conspicuous place in every state park to which they are applicable, but failure to post or keep any rule posted shall be no defense to any prosecution for the violation thereof)) must maintain the rules that are relevant to each park in a manner that is accessible to park visitors.
     (3) Permit the use of state parks and parkways by the public under ((such)) rules ((as shall be)) adopted by the commission.
     (4) Clear, drain, grade, seed, and otherwise improve or beautify parks and parkways, and erect structures, buildings, fireplaces, and comfort stations and build and maintain paths, trails, and roadways through or on parks and parkways.
     (5) Grant concessions or leases in state parks and parkways, upon ((such)) rentals, fees, or percentage of income or profits and for ((such)) set terms, in no event longer than fifty years, and upon ((such)) set conditions as shall be approved by the commission. However: ((PROVIDED, That))
     (a) Leases exceeding a twenty-year term shall require a unanimous vote of the commission((: PROVIDED FURTHER, That));
     (b) If, during the term of any concession or lease, it is the opinion of the commission that it would be in the best interest of the state, the commission may, with the consent of the concessionaire or lessee, alter and amend the terms and conditions of ((such)) the concession or lease((: PROVIDED FURTHER, That));
     (c) Television station leases shall be subject to the provisions of RCW 79A.05.085((, only: PROVIDED FURTHER, That)) and the rates of ((such)) television station concessions or leases shall be renegotiated at five-year intervals((.)); and
     (d) No concession shall be granted ((which)) that will prevent the public from having free access to the scenic attractions of any park or parkway.
     (6) Employ such assistance as it deems necessary. Commission expenses relating to its use of volunteer assistance shall be limited to premiums or assessments for the insurance of volunteers by the department of labor and industries, compensation of staff who assist volunteers, materials and equipment used in authorized volunteer projects, training, reimbursement of volunteer travel as provided in RCW 43.03.050 and 43.03.060, and other reasonable expenses relating to volunteer recognition. The commission, at its discretion, may waive commission fees otherwise applicable to volunteers. The commission shall not use volunteers to replace or supplant classified positions. The use of volunteers may not lead to the elimination of any employees or permanent positions in the bargaining unit.
     (7) By majority vote of its authorized membership select and purchase or obtain options upon, lease, or otherwise acquire for and in the name of the state such tracts of land, including shore and tide lands, for park and parkway purposes as it deems proper. If the commission cannot acquire any tract at a price it deems reasonable, it may, by majority vote of its authorized membership, obtain title thereto, or any part thereof, by condemnation proceedings conducted by the attorney general as provided for the condemnation of rights-of-way for state highways. Option agreements executed under authority of this subsection shall be valid only if:
     (a) The cost of the option agreement does not exceed one dollar; and
     (b) Moneys used for the purchase of the option agreement are from (i) funds appropriated therefor, or (ii) funds appropriated for undesignated land acquisitions, or (iii) funds deemed by the commission to be in excess of the amount necessary for the purposes for which they were appropriated; and
     (c) The maximum amount payable for the property upon exercise of the option does not exceed the appraised value of the property.
     (8) Cooperate with the United States, or any county or city of this state, in any matter pertaining to the acquisition, development, redevelopment, renovation, care, control, or supervision of any park or parkway, and enter into contracts in writing to that end. All parks or parkways, to which the state contributed or in whose care, control, or supervision the state participated pursuant to the provisions of this section, shall be governed by the provisions hereof.
     (9) Within allowable resources, maintain policies that increase the number of people who have access to free or low-cost recreational opportunities for physical activity, including noncompetitive physical activity.
     (10) Adopt rules establishing the requirements for a criminal history record information search for the following: Job applicants, volunteers, and independent contractors who have unsupervised access to children or vulnerable adults, or who will be responsible for collecting or disbursing cash or processing credit/debit card transactions. These background checks will be done through the Washington state patrol criminal identification section and may include a national check from the federal bureau of investigation, which shall be through the submission of fingerprints. A permanent employee of the commission, employed as of July 24, 2005, is exempt from the provisions of this subsection.

Sec. 103   RCW 79A.05.045 and 1999 c 249 s 304 are each amended to read as follows:
     (1) The commission shall, when the commission determines there is funding for such a purpose, provide waste reduction and recycling information and opportunities in each state park campground and day-use area.
     (2) ((The commission shall provide recycling receptacles in the day-use and campground areas of at least forty state parks. The receptacles shall be clearly marked for the disposal of at least two of the following recyclable materials: Aluminum, glass, newspaper, plastic, and tin. The commission shall endeavor to provide recycling receptacles in parks that are near urban centers or in heavily used parks.
     (3) The commission shall provide daily maintenance of such receptacles from April through September of each year.
     (4))) The commission is authorized to enter into agreements with any person, company, or nonprofit organization to provide for the collection and transport of recyclable materials and related activities under this section.

NEW SECTION.  Sec. 104   The following acts or parts of acts are each repealed:
     (1) RCW 79A.05.190 (Recreational metal detectors--Available land) and 1997 c 150 s 2;
     (2) RCW 79A.05.195 (Identification of historic archaeological resources in state parks--Plan--Availability of land for use by recreational metal detectors) and 1999 c 249 s 905 & 1997 c 150 s 3; and
     (3) RCW 79A.05.351 (Outdoor education and recreation grant program -- Creation -- Establish and implement program by rule -- Advisory committee -- Account) and 2007 c 176 s 2.

Sec. 201   RCW 70.93.200 and 1998 c 257 s 8 are each amended to read as follows:
     In addition to the ((foregoing)) other provisions of this chapter, the department ((of ecology shall)) may, when the director determines that funding is available:
     (1) Serve as the coordinating agency between the various industry organizations seeking to aid in the waste reduction, anti-litter, and recycling efforts;
     (2) Serve as the coordinating and administrating agency for all state agencies and local governments receiving funds for waste reduction, litter control, and recycling under this chapter;
     (3) Recommend to the governing bodies of all local governments that they adopt ordinances similar to the provisions of this chapter;
     (4) Cooperate with all local governments to accomplish coordination of local waste reduction, anti-litter, and recycling efforts;
     (5) Encourage, organize, and coordinate all voluntary local waste reduction, anti-litter, and recycling campaigns seeking to focus the attention of the public on the programs of this state to reduce waste, control and remove litter, and foster recycling;
     (6) Investigate the availability of, and apply for funds available from any private or public source to be used in the program outlined in this chapter;
     (7) Develop statewide programs by working with local governments, payers of the waste reduction, recycling, and litter control tax, and industry organizations that are active in waste reduction, anti-litter, and recycling efforts to increase public awareness of and participation in recycling and to stimulate and encourage local private recycling centers, public participation in recycling and research and development in the field of litter control, and recycling, removal, and disposal of litter-related recycling materials;
     (8) Conduct a ((biennial)) periodic statewide litter survey targeted at litter composition, sources, demographics, and geographic trends; and
     (9) Provide ((a biennial)), when requested by the governor or the legislature, a periodic summary of all waste reduction, litter control, and recycling efforts statewide including those of the department ((of ecology)), and other state agencies and local governments funded for such programs under this chapter. ((This report is due to the legislature in March of even-numbered years.))

Sec. 202   RCW 70.93.220 and 1998 c 257 s 6 are each amended to read as follows:
     (1) The department ((of ecology)) is the coordinating and administrative agency working with the departments of natural resources, revenue, transportation, and corrections, and the parks and recreation commission in developing a biennial budget request for funds for the various agencies' litter collection programs.
     (2) Funds may be used to meet the needs of efficient and effective litter collection and illegal dumping programs identified by the various agencies. The department shall develop criteria for evaluating the effectiveness and efficiency of the waste reduction, litter control, and recycling programs being administered by the various agencies listed in RCW 70.93.180, and shall distribute funds according to the effectiveness and efficiency of those programs. In addition, the department shall approve funding requests for efficient and effective waste reduction, litter control, and recycling programs, provide funds, and monitor the results of all agency programs.
     (3) All agencies are responsible for reporting information on their litter collection programs((,)) as requested by the department ((of ecology. Beginning in the year 2000, this information shall be provided to the department by March of even-numbered years. In 1998, this information shall be provided by July 1st.
     (4) By December 1998, and in every even-numbered year thereafter, the department shall provide a report to the legislature summarizing biennial waste reduction, litter control, and recycling activities by state agencies and submitting the coordinated litter budget request of all agencies)).

Sec. 203   RCW 70.93.250 and 2002 c 175 s 46 are each amended to read as follows:
     (1) The department shall provide funding to local units of government to establish, conduct, and evaluate community restitution and other programs for waste reduction, litter and illegal dump cleanup, and recycling. Programs eligible for funding under this section shall include, but not be limited to, programs established pursuant to RCW 72.09.260.
     (2) Funds may be offered for costs associated with community waste reduction, litter cleanup and prevention, and recycling activities. The funding program must be flexible, allowing local governments to use funds broadly to meet their needs to reduce waste, control litter and illegal dumping, and promote recycling. Local governments are required to contribute resources or in-kind services. The department shall evaluate funding requests from local government according to the same criteria as those developed in RCW 70.93.220, provide funds according to the effectiveness and efficiency of local government litter control programs, and monitor the results of all local government programs under this section.
     (3) Local governments shall report information as requested by the department in funding agreements entered into by the department and a local government. ((The department shall report to the appropriate standing committees of the legislature by December of even-numbered years on the effectiveness of local government waste reduction, litter, and recycling programs funded under this section.))

Sec. 204   RCW 70.95I.080 and 1986 c 37 s 1 are each amended to read as follows:
     ((By January 1, 1987, the state fire protection board, in cooperation with)) The department ((of ecology,)) shall ((develop)) maintain, as necessary, a statewide standard for the placement of above-ground tanks to collect used oil from private individuals for recycling purposes.

Sec. 205   RCW 70.95J.025 and 1997 c 398 s 1 are each amended to read as follows:
     (1) The department shall establish annual fees to collect expenses for issuing and administering biosolids permits under this chapter. An initial fee schedule shall be established by rule and shall be adjusted no more often than once every two years. This fee schedule applies to all permits, regardless of date of issuance, and fees shall be assessed prospectively. Fees shall be established in amounts to recover expenses incurred by the department in processing permit applications and modifications, reviewing related plans and documents, monitoring, evaluating, conducting inspections, overseeing performance of delegated program elements, providing technical assistance and supporting overhead expenses that are directly related to these activities.
     (2) The annual fee paid by a permittee for any permit issued under this chapter shall be determined by the number of residences or residential equivalents contributing to the permittee's biosolids management system. If residences or residential equivalents cannot be determined or reasonably estimated, fees shall be based on other appropriate criteria.
     (3) The biosolids permit account is created in the state treasury. All receipts from fees under this section must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for the purposes of administering permits under this chapter.
     (4) ((The department shall present a biennial progress report on the use of moneys from the biosolids permit account to the legislature. The first report is due on or before December 31, 1998, and thereafter on or before December 31st of odd-numbered years. The report shall consist of information on fees collected, actual expenses incurred, and anticipated expenses for the current and following fiscal years.
     (5))) The department shall work with the regulated community and local health departments to study the feasibility of modifying the fee schedule to support delegated local health departments and reduce local health department fees paid by biosolids permittees.

Sec. 206   RCW 70.105.210 and 1989 1st ex.s. c 13 s 2 are each amended to read as follows:
     ((By May 31, 1990,)) The department shall ((develop and adopt)) maintain criteria for the siting of hazardous waste management facilities. These criteria will be part of the state hazardous waste management plan as described in RCW 70.105.200. To the extent practical, these criteria shall be designed to minimize the short-term and long-term risks and costs that may result from hazardous waste management facilities. These criteria may vary by type of facilities and may consider natural site characteristics and engineered protection. Criteria may be established for:
     (1) Geology;
     (2) Surface and groundwater hydrology;
     (3) Soils;
     (4) Flooding;
     (5) Climatic factors;
     (6) Unique or endangered flora and fauna;
     (7) Transportation routes;
     (8) Site access;
     (9) Buffer zones;
     (10) Availability of utilities and public services;
     (11) Compatibility with existing uses of land;
     (12) Shorelines and wetlands;
     (13) Sole-source aquifers;
     (14) Natural hazards; and
     (15) Other factors as determined by the department.

Sec. 207   RCW 70.105.220 and 1992 c 17 s 1 are each amended to read as follows:
     (1) Each local government, or combination of contiguous local governments, is directed to prepare a local hazardous waste plan which shall be based on state guidelines and include ((the following elements:
     (a))) a plan or program to manage moderate-risk wastes that are generated or otherwise present within the jurisdiction. This element shall include an assessment of the quantities, types, generators, and fate of moderate-risk wastes in the jurisdiction. The purpose of this element is to develop a system of managing moderate-risk waste, appropriate to each local area, and to ensure protection of the environment and public health((;
     (b) A plan or program to provide for ongoing public involvement and public education in regard to the management of moderate-risk waste. This element shall provide information regarding:
     (i) The potential hazards to human health and the environment resulting from improper use and disposal of the waste; and
     (ii) Proper methods of handling, reducing, recycling, and disposing of the waste;
     (c) An inventory of all existing generators of hazardous waste and facilities managing hazardous waste within the jurisdiction. This inventory shall be based on data provided by the department;
     (d) A description of the public involvement process used in developing the plan;
     (e) A description of the eligible zones designated in accordance with RCW 70.105.225. However, the requirement to designate eligible zones shall not be considered part of the local hazardous waste planning requirements; and
     (f) Other elements as deemed appropriate by local government)).
     (2) To the maximum extent practicable, the local hazardous waste plan shall be coordinated with other hazardous materials-related plans and policies in the jurisdiction.
     (3) Local governments shall coordinate with those persons involved in providing privately owned hazardous and moderate-risk waste facilities and services as follows: If a local government determines that a moderate-risk waste will be or is adequately managed by one or more privately owned facilities or services at a reasonable price, the local government shall take actions to encourage the use of that private facility or service. Actions taken by a local government under this subsection may include, but are not limited to, restricting or prohibiting the land disposal of a moderate-risk waste at any transfer station or land disposal facility within its jurisdiction.
     (4)(a) The department shall ((prepare)) maintain guidelines for the development of local hazardous waste plans. ((The guidelines shall be prepared in consultation with local governments and shall be completed by December 31, 1986.)) The guidelines shall include a list of substances identified as hazardous household substances.
     (b) ((In preparing the guidelines under (a) of this subsection, the department shall review and assess information on pilot projects that have been conducted for moderate-risk waste management.)) The department shall encourage ((additional)) pilot projects for moderate risk water management as needed to provide information to improve and update the guidelines.
     (5) The department shall consult with retailers, trade associations, public interest groups, and appropriate units of local government to encourage the development of voluntary public education programs on the proper handling of hazardous household substances.
     (6) ((Local hazardous waste plans shall be completed and submitted to the department no later than June 30, 1990.)) Local ((governments may from time to time amend the local plan)) governments' hazardous waste plans must be reviewed, and revised if necessary, at least as often as is required of solid waste management plans by RCW 70.95.110(2).
     (7) Each local government, or combination of contiguous local governments, shall submit ((its)) local hazardous waste plan ((or amendments thereto)) revisions to the department. The department shall approve or disapprove local hazardous waste ((plans or amendments by December 31, 1990, or)) plan revision within ninety days of submission((, whichever is later)). The department shall approve a local hazardous waste plan revision if it determines that the plan is consistent with this chapter and the guidelines under subsection (4) of this section. If approval is denied, the department shall submit its objections to the local government within ninety days of submission. ((However, for plans submitted between January 1, 1990, and June 30, 1990, the department shall have one hundred eighty days to submit its objections.)) No local government is eligible for grants under RCW 70.105.235 for implementing a local hazardous waste plan unless the plan for that jurisdiction has been approved by the department.
     (8) Each local government, or combination of contiguous local governments, shall implement the local hazardous waste plan for its jurisdiction ((by December 31, 1991)).
     (9) The department may waive the specific requirements of this section for any local government if such local government demonstrates to the satisfaction of the department that the objectives of the planning requirements have been met.

Sec. 208   RCW 90.80.150 and 2001 c 237 s 21 are each amended to read as follows:
     When so requested, the department shall report ((biennially by December 31st of each even-numbered year)) to the appropriate committees of the legislature ((on)), consistent with RCW 43.01.036, regarding the boards formed or sought to be formed under the authority of this chapter, the transfer applications reviewed and other activities conducted by the boards, and the funding of such boards. Conservancy boards must provide information regarding their activities to the department to assist the department in preparing the report.

Sec. 209   RCW 90.54.160 and 1984 c 83 s 1 are each amended to read as follows:
     When so requested, the department of ecology shall report to the legislature ((on the last working day of December of 1984, 1985, and 1986, and thereafter as deemed appropriate by the department, on)), consistent with RCW 43.01.036, regarding dam facilities that exhibit safety deficiencies sufficient to pose a significant threat to the safety of life and property. The report shall identify the owner or owners of such facilities, detail the owner's ability and attitude towards correcting such deficiencies, and provide an estimate of the cost of correcting the deficiencies if a study has been completed.

Sec. 210   RCW 90.44.052 and 2003 c 307 s 2 are each amended to read as follows:
     (1) On a pilot project basis, the use of water for domestic use in clustered residential developments is exempt as described in subsection (2) of this section from the permit requirements of RCW 90.44.050 in Whitman county. The department must review the use of water under this section and its impact on water resources in the county and when requested to do so report to the legislature ((by December 31st of each even-numbered year through 2016 regarding its review)), consistent with RCW 43.01.036.
     (2) For the pilot project, the domestic use of water for a clustered residential development is exempt from the permit requirements of RCW 90.44.050 for an amount of water that is not more than one thousand two hundred gallons a day per residence for a residential development that has an overall density equal to or less than one residence per ten acres and a minimum of six homes.
     (3) No new right to use water may be established for a clustered development under this section where the first residential use of water for the development begins after December 31, 2015.

Sec. 211   RCW 90.90.030 and 2006 c 6 s 4 are each amended to read as follows:
     (1) The department of ecology may enter into voluntary regional agreements for the purpose of providing new water for out-of-stream use, streamlining the application process, and protecting instream flow.
     (2) Such agreements shall ensure that:
     (a) For water rights issued from the Columbia river mainstem, there is no negative impact on Columbia river mainstem instream flows in the months of July and August as a result of the new appropriations issued under the agreement;
     (b) For water rights issued from the lower Snake river mainstem, there is no negative impact on Snake river mainstem instream flows from April through August as a result of the new appropriations issued under the agreement; and
     (c) Efforts are made to harmonize such agreements with watershed plans adopted under the authority of chapter 90.82 RCW that are applicable to the area covered by the agreement.
     (3) The protection of instream flow as set forth in subsection (2) of this section is adequate for purposes of mitigating instream flow impacts resulting from any appropriations for out-of-stream use made under a voluntary regional agreement, and the only applicable consultation provisions under state law regarding instream flow impacts shall be those set forth in subsection (4) of this section.
     (4) Before executing a voluntary agreement under this section, the department of ecology shall:
     (a) Provide a sixty-day period for consultation with county legislative authorities and watershed planning groups with jurisdiction over the area where the water rights included in the agreement are located, the department of fish and wildlife, and affected tribal governments, and federal agencies. The department of fish and wildlife shall provide written comments within that time period. The consultation process for voluntary regional agreements developed under the provisions of this section is deemed adequate for the issuance of new water rights provided for in this section and satisfies all consultation requirements under state law related to the issuance of new water rights; and
     (b) Provide a thirty-day public review and comment period for a draft agreement, and publish a summary of any public comments received. The thirty-day review period shall not begin until after the department of ecology has concluded its consultation under (a) of this subsection and the comments that have been received by the department are made available to the public.
     (5) The provisions of subsection (4) of this section satisfy all applicable consultation requirements under state law.
     (6) The provisions of this section and any voluntary regional agreements developed under such provisions may not be relied upon by the department of ecology as a precedent, standard, or model that must be followed in any other voluntary regional agreements.
     (7) Nothing in this section may be interpreted or administered in a manner that precludes the processing of water right applications under chapter 90.03 or 90.44 RCW that are not included in a voluntary regional agreement.
     (8) Nothing in this section may be interpreted or administered in a manner that impairs or diminishes a valid water right or a habitat conservation plan approved for purposes of compliance with the federal endangered species act.
     (9) The department of ecology shall monitor and evaluate the water allocated to instream and out-of-stream uses under this section, evaluate the program, and provide ((an interim report to the appropriate committees of the legislature by June 30, 2008.)) a final report ((shall be provided to the appropriate committees of)) to the legislature consistent with RCW 43.01.036 by June 30, 2011.
     (10) If the department of ecology executes a voluntary agreement under this section that includes water rights appropriated from the lower Snake river mainstem, the department shall develop aggregate data in accordance with the provisions of RCW 90.90.050 for the lower Snake river mainstem.
     (11) Any agreement entered into under this section shall remain in full force and effect through the term of the agreement regardless of the expiration of this section.
     (12) The definitions in this subsection apply to this section and RCW 90.90.050, and may only be used for purposes of implementing these sections.
     (a) "Columbia river mainstem" means all water in the Columbia river within the ordinary high water mark of the main channel of the Columbia river between the border of the United States and Canada and the Bonneville dam, and all groundwater within one mile of the high water mark.
     (b) "Lower Snake river mainstem" means all water in the lower Snake river within the ordinary high water mark of the main channel of the lower Snake river from the head of Ice Harbor pool to the confluence of the Snake and Columbia rivers, and all groundwater within one mile of the high water mark.
     (13) This section expires June 30, 2012.

Sec. 212   RCW 90.90.040 and 2006 c 6 s 5 are each amended to read as follows:
     (1) To support the development of new water supplies in the Columbia river and to protect instream flow, the department of ecology shall work with all interested parties, including interested county legislative authorities and watershed planning groups, adjacent to the Columbia river, and affected tribal governments, to develop a Columbia river water supply inventory and a long-term water supply and demand forecast. The inventory must include:
     (a) A list of conservation projects that have been implemented under this chapter and the amount of water conservation they have achieved; and
     (b) A list of potential water supply and storage projects in the Columbia river basin, including estimates of:
     (i) Cost per acre-foot;
     (ii) Benefit to fish and other instream needs;
     (iii) Benefit to out-of-stream needs; and
     (iv) Environmental and cultural impacts.
     (2) The department of ecology shall ((complete the first Columbia river water supply inventory by November 15, 2006, and shall)) update the inventory annually ((thereafter)).
     (3) The department of ecology shall ((complete the first Columbia river long-term water supply and demand forecast by November 15, 2006, and shall)) update the ((report every five years thereafter)) Columbia river long-term water supply and demand forecast as necessary.

Sec. 213   RCW 90.82.043 and 2007 c 445 s 6 are each amended to read as follows:
     (1) Within one year of accepting funding under RCW 90.82.040(2)(e), the planning unit must complete a detailed implementation plan. Submittal of a detailed implementation plan to the department is a condition of receiving grants for the second and all subsequent years of the phase four grant.
     (2) Each implementation plan must contain strategies to provide sufficient water for: (a) Production agriculture; (b) commercial, industrial, and residential use; and (c) instream flows. Each implementation plan must contain timelines to achieve these strategies and interim milestones to measure progress.
     (3) The implementation plan must clearly define coordination and oversight responsibilities; any needed interlocal agreements, rules, or ordinances; any needed state or local administrative approvals and permits that must be secured; and specific funding mechanisms.
     (4) In developing the implementation plan, the planning unit must consult with other entities planning in the watershed management area and identify and seek to eliminate any activities or policies that are duplicative or inconsistent.
     (5)(a) ((By December 1, 2003, and by December 1st of each subsequent year)) When so requested, the director of the department shall report to the ((appropriate legislative standing committees)) legislature, consistent with RCW 43.01.036, regarding statutory changes necessary to enable state agency approval or permit decision making needed to implement a plan approved under this chapter.
     (b) ((Beginning with the December 1, 2007, report, and then every two years thereafter,)) The director shall include in each report, when appropriate, the extent to which reclaimed water has been identified in the watershed plans as potential sources or strategies to meet future water needs, and provisions in any watershed implementation plans that discuss barriers to implementation of the water reuse elements of those plans. The department's report shall include an estimate of the potential cost of reclaimed water facilities and identification of potential sources of funding for them.

Sec. 214   RCW 70.107.030 and 1974 ex.s. c 183 s 3 are each amended to read as follows:
     The department is empowered as follows:
     (1) The department((, after consultation with state agencies expressing an interest therein,)) shall ((adopt, by rule,)) maintain rules relating to maximum noise levels permissible in identified environments in order to protect against adverse affects of noise on the health, safety, and welfare of the people, the value of property, and the quality of environment((: PROVIDED, That in so doing)). The department shall take ((also)) into account the economic and practical benefits to be derived from the use of various products in each such environment, whether the source of the noise or the use of such products in each environment is permanent or temporary in nature, and the state of technology relative to the control of noise generated by all such sources of the noise or the products.
     (2) ((At any time after the adoption of maximum noise levels under subsection (1) of this section)) The department ((shall)) may, in consultation with state agencies and local governments expressing an interest ((therein)), adopt rules, consistent with the Federal Noise Control Act of 1972 (86 Stat. 1234; 42 U.S.C. Sec. 4901-4918 and 49 U.S.C. Sec. 1431), for noise abatement and control in the state designed to achieve compliance with the noise level adopted in subsection (1) of this section, including reasonable implementation schedules where appropriate, to ((insure)) ensure that the maximum noise levels are not exceeded and that application of the best practicable noise control technology and practice is provided. These rules may include, but shall not be limited to:
     (a) Performance standards setting allowable noise limits for the operation of products which produce noise;
     (b) Use standards regulating, as to time and place, the operation of individual products which produce noise above specified levels considering frequency spectrum and duration((: PROVIDED,)). However, the rules shall provide for temporarily exceeding those standards for stated purposes; and
     (c) Public information requirements dealing with disclosure of levels and characteristics of noise produced by products.
     (3) The department may, as desirable in the performance of its duties under this chapter, conduct surveys, studies, and public education programs, and enter into contracts.
     (4) The department is authorized to apply for and accept moneys from the federal government and other sources to assist in the implementation of this chapter.
     (5) The legislature recognizes that the operation of motor vehicles on public highways as defined in RCW ((46.09.020)) 46.09.310 contributes significantly to environmental noise levels and directs the department, in exercising the rule-making authority under the provisions of this section, to give first priority to the adoption of motor vehicle noise performance standards.
     (((6) Noise levels and rules adopted by the department pursuant to this chapter shall not be effective prior to March 31, 1975.))

Sec. 215   RCW 70.107.060 and 1987 c 103 s 1 are each amended to read as follows:
     (1) Nothing in this chapter shall be construed to deny, abridge, or alter alternative rights of action or remedies in equity or under common law or statutory law, criminal or civil.
     (2) Nothing in this chapter shall deny, abridge, or alter any powers, duties, and functions relating to noise abatement and control ((now or hereafter)) vested in any state agency, nor shall this chapter be construed as granting jurisdiction over the industrial safety and health of employees in work places of the state((, as now or hereafter)) vested in the department of labor and industries.
     (3) Standards and other control measures adopted by the department under this chapter shall be exclusive ((except as hereinafter provided)). However, a local government may impose limits or control sources differing from those adopted or controlled by the department upon a finding that such requirements are necessitated by special conditions. ((Noise limiting requirements of local government which differ from those adopted or controlled by the department shall be invalid unless first approved by the department. If the department of ecology fails to approve or disapprove standards submitted by local governmental jurisdictions within ninety days of submittal, such standards shall be deemed approved. If disapproved, the local government may appeal the decision to the pollution control hearings board which shall decide the appeal on the basis of the provisions of this chapter, and the applicable regulations, together with such briefs, testimony, and oral argument as the hearings board in its discretion may require. The department determination of whether to grant approval shall depend on the reasonableness and practicability of compliance. Particular attention shall be given to stationary sources located near jurisdictional boundaries, and temporary noise producing operations which may operate across one or more jurisdictional boundaries.))
     (4) In carrying out the rule-making authority provided in this chapter, the department shall follow the procedures of the administrative procedure act, chapter 34.05 RCW, and shall take care that no rules adopted purport to exercise any powers preempted by the United States under federal law.

Sec. 216   RCW 70.95.290 and 1988 c 184 s 3 are each amended to read as follows:
     (1) The evaluation of the solid waste stream required in RCW 70.95.280 shall include the following elements:
     (a) The department shall determine which management method for each category of solid waste will have the least environmental impact; and
     (b) The department shall evaluate the costs of various management options for each category of solid waste, including a review of market availability, and shall take into consideration the economic impact on affected parties;
     (c) Based on the results of (a) and (b) of this subsection, the department shall determine the best management for each category of solid waste. Different management methods for the same categories of waste may be developed for different parts of the state.
     (2) The department shall give priority to evaluating categories of solid waste that, in relation to other categories of solid waste, comprise a large volume of the solid waste stream or present a high potential of harm to human health. ((At a minimum the following categories of waste shall be evaluated:
     (a) By January 1, 1989, yard waste and other biodegradable materials, paper products, disposable diapers, and batteries; and
     (b) By January 1, 1990, metals, glass, plastics, styrofoam or rigid lightweight cellular polystyrene, and tires.))

Sec. 217   RCW 70.95C.220 and 2005 c 274 s 338 are each amended to read as follows:
     (1) The department may review a plan, executive summary, or an annual progress report to determine whether the plan, executive summary, or annual progress report is adequate pursuant to the rules developed under this section and with the provisions of RCW 70.95C.200. In determining the adequacy of any plan, executive summary, or annual progress report, the department shall base its determination solely on whether the plan, executive summary, or annual progress report is complete and prepared in accordance with the provisions of RCW 70.95C.200.
     (2) Plans developed under RCW 70.95C.200 shall be retained at the facility of the hazardous substance user or hazardous waste generator preparing a plan. The plan is not a public record under the public records act, chapter 42.56 RCW. A user or generator required to prepare a plan shall permit the director or a representative of the director to review the plan to determine its adequacy. No visit made by the director or a representative of the director to a facility for the purposes of this subsection may be regarded as an inspection or investigation, and no notices or citations may be issued, nor any civil penalty assessed, upon such a visit.
     (3) If a hazardous substance user or hazardous waste generator fails to complete an adequate plan, executive summary, or annual progress report, the department shall notify the user or generator of the inadequacy, identifying specific deficiencies. For the purposes of this section, a deficiency may include failure to develop a plan, failure to submit an executive summary pursuant to the schedule provided in RCW 70.95C.200(5), and failure to submit an annual progress report pursuant to the rules developed under RCW 70.95C.200(6). The department shall specify a reasonable time frame, of not less than ninety days, within which the user or generator shall complete a modified plan, executive summary, or annual progress report addressing the specified deficiencies.
     (4) If the department determines that a modified plan, executive summary, or annual progress report is inadequate, the department may, within its discretion, either require further modification or enter an order pursuant to subsection (5)(a) of this section.
     (5)(a) If, after having received a list of specified deficiencies from the department, a hazardous substance user or hazardous waste generator required to prepare a plan fails to complete modification of a plan, executive summary, or annual progress report within the time period specified by the department, the department may enter an order pursuant to chapter 34.05 RCW finding the user or generator not in compliance with the requirements of RCW 70.95C.200. When the order is final, the department shall ((notify the department of revenue to)) charge a penalty fee. The penalty fee shall be the greater of one thousand dollars or three times the amount of the user's or generator's previous year's fee, in addition to the current year's fee. If no fee was assessed the previous year, the penalty shall be the greater of one thousand dollars or three times the amount of the current year's fee. The penalty assessed under this subsection shall be collected each year after the year for which the penalty was assessed until an adequate plan or executive summary is completed.
     (b) If a hazardous substance user or hazardous waste generator required to prepare a plan fails to complete an adequate plan, executive summary, or annual progress report after the department has levied against the user or generator the penalty provided in (a) of this subsection, the user or generator shall be required to pay a surcharge to the department whenever the user or generator disposes of a hazardous waste at any hazardous waste incinerator or hazardous waste landfill facility located in Washington state, until a plan, executive summary, or annual progress report is completed and determined to be adequate by the department. The surcharge shall be equal to three times the fee charged for disposal. The department shall furnish the incinerator and landfill facilities in this state with a list of environmental protection agency/state identification numbers of the hazardous waste generators that are not in compliance with the requirements of RCW 70.95C.200.

Sec. 218   RCW 42.56.270 and 2009 c 394 s 3 are each amended to read as follows:
     The following financial, commercial, and proprietary information is exempt from disclosure under this chapter:
     (1) Valuable formulae, designs, drawings, computer source code or object code, and research data obtained by any agency within five years of the request for disclosure when disclosure would produce private gain and public loss;
     (2) Financial information supplied by or on behalf of a person, firm, or corporation for the purpose of qualifying to submit a bid or proposal for (a) a ferry system construction or repair contract as required by RCW 47.60.680 through 47.60.750 or (b) highway construction or improvement as required by RCW 47.28.070;
     (3) Financial and commercial information and records supplied by private persons pertaining to export services provided under chapters 43.163 and 53.31 RCW, and by persons pertaining to export projects under RCW 43.23.035;
     (4) Financial and commercial information and records supplied by businesses or individuals during application for loans or program services provided by chapters 43.325, 43.163, 43.160, 43.330, and 43.168 RCW, or during application for economic development loans or program services provided by any local agency;
     (5) Financial information, business plans, examination reports, and any information produced or obtained in evaluating or examining a business and industrial development corporation organized or seeking certification under chapter 31.24 RCW;
     (6) Financial and commercial information supplied to the state investment board by any person when the information relates to the investment of public trust or retirement funds and when disclosure would result in loss to such funds or in private loss to the providers of this information;
     (7) Financial and valuable trade information under RCW 51.36.120;
     (8) ((Financial, commercial, operations, and technical and research information and data submitted to or obtained by the clean Washington center in applications for, or delivery of, program services under chapter 70.95H RCW;
     (9))) Financial and commercial information requested by the public stadium authority from any person or organization that leases or uses the stadium and exhibition center as defined in RCW 36.102.010;
     (((10))) (9)(a) Financial information, including but not limited to account numbers and values, and other identification numbers supplied by or on behalf of a person, firm, corporation, limited liability company, partnership, or other entity related to an application for a horse racing license submitted pursuant to RCW 67.16.260(1)(b), liquor license, gambling license, or lottery retail license;
     (b) Internal control documents, independent auditors' reports and financial statements, and supporting documents: (i) Of house-banked social card game licensees required by the gambling commission pursuant to rules adopted under chapter 9.46 RCW; or (ii) submitted by tribes with an approved tribal/state compact for class III gaming;
     (((11))) (10) Proprietary data, trade secrets, or other information that relates to: (a) A vendor's unique methods of conducting business; (b) data unique to the product or services of the vendor; or (c) determining prices or rates to be charged for services, submitted by any vendor to the department of social and health services for purposes of the development, acquisition, or implementation of state purchased health care as defined in RCW 41.05.011;
     (((12))) (11)(a) When supplied to and in the records of the department of ((community, trade, and economic development)) commerce:
     (i) Financial and proprietary information collected from any person and provided to the department of ((community, trade, and economic development)) commerce pursuant to RCW 43.330.050(8); and
     (ii) Financial or proprietary information collected from any person and provided to the department of ((community, trade, and economic development)) commerce or the office of the governor in connection with the siting, recruitment, expansion, retention, or relocation of that person's business and until a siting decision is made, identifying information of any person supplying information under this subsection and the locations being considered for siting, relocation, or expansion of a business;
     (b) When developed by the department of ((community, trade, and economic development)) commerce based on information as described in (a)(i) of this subsection, any work product is not exempt from disclosure;
     (c) For the purposes of this subsection, "siting decision" means the decision to acquire or not to acquire a site;
     (d) If there is no written contact for a period of sixty days to the department of ((community, trade, and economic development)) commerce from a person connected with siting, recruitment, expansion, retention, or relocation of that person's business, information described in (a)(ii) of this subsection will be available to the public under this chapter;
     (((13))) (12) Financial and proprietary information submitted to or obtained by the department of ecology or the authority created under chapter 70.95N RCW to implement chapter 70.95N RCW;
     (((14))) (13) Financial, commercial, operations, and technical and research information and data submitted to or obtained by the life sciences discovery fund authority in applications for, or delivery of, grants under chapter 43.350 RCW, to the extent that such information, if revealed, would reasonably be expected to result in private loss to the providers of this information;
     (((15))) (14) Financial and commercial information provided as evidence to the department of licensing as required by RCW 19.112.110 or 19.112.120, except information disclosed in aggregate form that does not permit the identification of information related to individual fuel licensees;
     (((16))) (15) Any production records, mineral assessments, and trade secrets submitted by a permit holder, mine operator, or landowner to the department of natural resources under RCW 78.44.085;
     (((17))) (16)(a) Farm plans developed by conservation districts, unless permission to release the farm plan is granted by the landowner or operator who requested the plan, or the farm plan is used for the application or issuance of a permit;
     (b) Farm plans developed under chapter 90.48 RCW and not under the federal clean water act, 33 U.S.C. Sec. 1251 et seq., are subject to RCW 42.56.610 and 90.64.190;
     (((18))) (17) Financial, commercial, operations, and technical and research information and data submitted to or obtained by a health sciences and services authority in applications for, or delivery of, grants under RCW 35.104.010 through 35.104.060, to the extent that such information, if revealed, would reasonably be expected to result in private loss to providers of this information;
     (((19))) (18) Information gathered under chapter 19.85 RCW or RCW 34.05.328 that can be identified to a particular business; and
     (((20))) (19) Financial and commercial information submitted to or obtained by the University of Washington, other than information the university is required to disclose under RCW 28B.20.150, when the information relates to investments in private funds, to the extent that such information, if revealed, would reasonably be expected to result in loss to the University of Washington consolidated endowment fund or to result in private loss to the providers of this information.

NEW SECTION.  Sec. 219   The following acts or parts of acts are each repealed:
     (1) RCW 70.95C.250 (Multimedia permit pilot program -- Air, water, hazardous waste management) and 1998 c 245 s 134 & 1994 c 248 s 1;
     (2) RCW 70.95H.005 (Finding) and 1991 c 319 s 201;
     (3) RCW 70.95H.007 (Center created) and 1995 c 399 s 192 & 1991 c 319 s 202;
     (4) RCW 70.95H.010 (Purpose -- Market development defined) and 1991 c 319 s 203;
     (5) RCW 70.95H.030 (Duties and responsibilities) and 1992 c 131 s 2 & 1991 c 319 s 205;
     (6) RCW 70.95H.040 (Authority) and 1991 c 319 s 206;
     (7) RCW 70.95H.050 (Funding) and 1995 c 399 s 194 & 1991 c 319 s 207;
     (8) RCW 70.95H.900 (Termination) and 1991 c 319 s 209;
     (9) RCW 70.95H.901 (Captions not law) and 1991 c 319 s 211;
     (10) RCW 70.107.080 (Exemptions) and 1974 ex.s. c 183 s 8;
     (11) RCW 70.93.090 (Litter receptacles -- Use of anti-litter symbol--Distribution -- Placement -- Violations -- Penalties) and 1998 c 257 s 4, 1979 c 94 s 5, & 1971 ex.s. c 307 s 9; and
     (12) RCW 79.125.730 (Director of ecology to assist city parks) and 2005 c 155 s 519, 1988 c 127 s 34, & 1939 c 157 s 3.

Sec. 301   RCW 89.08.040 and 2009 c 55 s 1 are each amended to read as follows:
     (1) Members shall be compensated in accordance with RCW 43.03.250 and shall be entitled to travel expenses in accordance with RCW 43.03.050 and 43.03.060 incurred in the discharge of their duties.
     (2) The commission shall keep a record of its official actions, shall adopt a seal, which shall be judicially noticed, and may perform such acts, hold such public hearings, and adopt such rules as may be necessary for the execution of its functions under chapter 184, Laws of 1973 1st ex. sess. The state department of ecology is empowered, but not required, to pay the travel expenses of the elected and appointed members of the state conservation commission, and the salaries, wages, and other expenses of such administrative officers or other employees as may be required under the provisions of this chapter.

Sec. 302   RCW 89.08.050 and 2009 c 55 s 2 are each amended to read as follows:
     (1) The commission may employ an administrative officer, and such technical experts and such other agents and employees, permanent and temporary as it may require, and shall determine their qualifications, duties, and compensation. The commission may call upon the attorney general for such legal services as it may require.
     ((It)) (2) The commission shall have authority to delegate to ((its)) the chair, to one or more of its members, to one or more agents or employees ((such)) those duties and powers ((as it deems)) deemed proper by the commission. As long as the commission and the office of financial management under the provisions of chapter 43.82 RCW deems it appropriate and financially justifiable to do so, the commission shall be supplied with suitable office accommodations at the central office of the department of ecology, and shall be furnished the necessary supplies and equipment.
     (3) The commission shall ((organize annually and)) select a chair from among its members, who shall serve for ((one year from the date of the chair's selection)) a length of time to be determined by the commission. A majority of the commission shall constitute a quorum and all actions of the commission shall be by a majority vote of the members present and voting at a meeting at which a quorum is present.

Sec. 401   RCW 43.23.130 and 2009 c 549 s 5107 are each amended to read as follows:
     The director of the department of agriculture shall make ((an annual)) reports to the governor, as requested, containing an account of all matters pertaining to ((his or her)) the department and its administration.

Sec. 402   RCW 15.85.050 and 1989 c 11 s 2 are each amended to read as follows:
     When the director determines there is funding to do so, the department shall exercise its authorities, including those provided by chapters 15.64, 15.65, 15.66, and 43.23 RCW, to develop a program for assisting the state's aquaculture industry to market and promote the use of its products.

Sec. 501   RCW 77.04.150 and 2008 c 294 s 1 are each amended to read as follows:
     (1) The commission ((must)) may, if deemed beneficial by the commission, appoint an advisory committee to generally represent the interests of hunters and fishers with disabilities on matters including, but not limited to, special hunts, modified sporting equipment, access to public land, and hunting and fishing opportunities. The advisory committee ((is)) may not be composed of more than seven members, each being an individual with a disability. The advisory committee members must represent the entire state. ((The members must be appointed so that each of the six department administrative regions, as they existed on January 1, 2007, are represented with one resident on the advisory committee. One additional member must be appointed at large. The chair of the advisory committee must be a member of the advisory committee and shall be selected by the members of the advisory committee.))
     (2) For the purposes of this section, an individual with a disability includes but is not limited to:
     (a) An individual with a permanent disability who is not ambulatory over natural terrain without a prosthesis or assistive device;
     (b) An individual with a permanent disability who is unable to walk without the use of assistance from a brace, cane, crutch, wheelchair, scooter, walker, or other assistive device;
     (c) An individual who has a cardiac condition to the extent that the individual's functional limitations are severe;
     (d) An individual who is restricted by lung disease to the extent that the individual's functional limitations are severe;
     (e) An individual who is totally blind or visually impaired; or
     (f) An individual with a permanent disability with upper or lower extremity impairments who does not have the use of one or both upper or lower extremities.
     (3) The members of the advisory committee are appointed for a four-year term. If a vacancy occurs on the advisory committee prior to the expiration of a term, the commission must appoint a replacement within sixty days to complete the term.
     (4) The advisory committee must meet at least semiannually, and may meet at other times as requested by a majority of the advisory committee members for any express purpose that directly relates to the duties set forth in subsection (1) of this section. A majority of members currently serving on the advisory committee constitutes a quorum. The department must provide staff support for all official advisory committee meetings.
     (5) Each member of the advisory committee shall serve without compensation but may be reimbursed for travel expenses as authorized in RCW 43.03.050 and 43.03.060.
     (6) The members of the advisory committee, or individuals acting on their behalf, are immune from civil liability for official acts performed in the course of their duties.
     (((7) Beginning December 1, 2011, and again at least once every four years, the commission shall present a report to the appropriate legislative committees detailing the effectiveness of the advisory committee including, but not limited to, the participation levels, general interest, quality of advice, and recommendations as to the advisory committee's continuance or modification.))

Sec. 502   RCW 77.12.068 and 2008 c 225 s 4 are each amended to read as follows:
     The department and the state parks and recreation commission ((shall)) may disseminate information about RCW 77.15.740, whale and wildlife viewing guidelines, and other responsible wildlife viewing messages to educate Washington's citizens on how to reduce the risk of disturbing southern resident orca whales. ((The department and the state parks and recreation commission must, at minimum, disseminate)) This information may be disseminated on ((their)) the agency internet sites ((and)), through appropriate agency publications, brochures, and through other information sources deemed appropriate by the two agencies. The department and the state parks and recreation commission ((shall)) should also attempt to reach the state's boating community by coordinating with appropriate state and nongovernmental entities to provide this information at marinas, boat shows, boat dealers, during boating safety training courses, and in conjunction with vessel registration or licensing.

Sec. 503   RCW 77.12.702 and 2007 c 442 s 2 are each amended to read as follows:
     (1) The department is directed to develop and implement a rockfish research and stock assessment program. Using funds from the rockfish research account created in subsection (2) of this section, the department must conduct Puget Sound basin and coastal surveys with new and existing technology to estimate the current abundance and future recovery of rockfish populations and other groundfish species. The stock assessment must include an evaluation of the potential for marine fish enhancement. ((Beginning December 2008, and every two years thereafter,)) When so requested, the department shall report to ((the appropriate committees of)) the legislature, consistent with RCW 43.01.036, on the status of the stock assessment program.
     (2) The rockfish research account is created in the custody of the state treasurer. All receipts from surcharges assessed on commercial and recreational fishing licenses for the purposes of rockfish research must be deposited into the account. Expenditures from the account may be used only for rockfish research, including stock assessments. Only the director of the department or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

Sec. 504   RCW 77.12.755 and 2003 c 311 s 10 are each amended to read as follows:
     In coordination with the department of natural resources and lead entity groups, the department must establish a ranked inventory of fish passage barriers on land owned by small forest landowners based on the principle of fixing the worst first within a watershed consistent with the fish passage priorities of the forest and fish report. The department shall first gather and synthesize all available existing information about the locations and impacts of fish passage barriers in Washington. This information must include, but not be limited to, the most recently available limiting factors analysis conducted pursuant to RCW 77.85.060(2), 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. The inventory of fish passage barriers must be kept reasonably current ((and at a minimum be updated by the beginning of each calendar year)) as the director of the department determines funding allows. Nothing in this section grants the department or others additional right of entry onto private property.

Sec. 505   RCW 77.12.820 and 2009 c 333 s 52 are each amended to read as follows:
     The eastern Washington pheasant enhancement account is created in the custody of the state treasurer. All receipts under RCW 77.12.810 must be deposited in the account. Moneys in the account are subject to legislative appropriation and shall be used for the purpose of funding the eastern Washington pheasant enhancement program. The department may use moneys from the account to improve pheasant habitat or to purchase or produce pheasants. The department must continue to release rooster pheasants in eastern Washington. The eastern Washington pheasant enhancement account funds must not be used for the purchase of land. The account may be used to offer grants to improve pheasant habitat on public or private lands that are open to public hunting. The department may enter partnerships with private landowners, nonprofit corporations, cooperative groups, and federal or state agencies for the purposes of pheasant habitat enhancement in areas that will be available for public hunting. The department shall ((submit an annual report to the appropriate committees of the legislature by December 1st)) make information regarding the department's eastern Washington pheasant activities available upon request.

Sec. 506   RCW 77.60.130 and 2007 c 341 s 59 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 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; and
     (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. 507   RCW 77.95.020 and 1995 1st sp.s. c 2 s 34 are each amended to read as follows:
     (1) The commission shall develop long-term regional policy statements regarding the salmon fishery resources before December 1, 1985. The commission shall consider the following in formulating and updating regional policy statements:
     (a) Existing resource needs;
     (b) Potential for creation of new resources;
     (c) Successful existing programs, both within and outside the state;
     (d) Balanced utilization of natural and hatchery production;
     (e) Desires of the fishing interest;
     (f) Need for additional data or research;
     (g) Federal court orders; and
     (h) Salmon advisory council recommendations.
     (2) The commission shall review and update each policy statement ((at least once each year)) as needed.

Sec. 508   RCW 77.95.190 and 2010 1st sp.s. c 7 s 84 are each amended to read as follows:
     The department ((shall)) may field test coho and chinook salmon remote site incubators. The purpose of field testing efforts shall be to gather conclusive scientific data on the effectiveness of coho and chinook remote site incubators.

Sec. 509   RCW 77.95.200 and 2009 c 333 s 29 are each amended to read as follows:
     (1) The department ((shall)) may develop and implement a program utilizing remote site incubators in Washington ((state)). If used, the program ((shall)) must identify sites in tributaries that are suitable for reestablishing self-sustaining, locally adapted populations of coho, chum, or chinook salmon. The initial selection of sites shall be updated annually.
     (2) The department may only approve a remote site incubator project if the department deems it is consistent with the conservation of wild salmon and trout. The department shall only utilize appropriate salmonid eggs in remote site incubators, and may acquire eggs by gift or purchase.
     (3) The department shall depend chiefly upon volunteer efforts to implement ((the)) a remote site incubator program through volunteer cooperative projects and the regional fisheries enhancement groups. The department may prioritize remote site incubator projects within regional enhancement areas.
     (4) The department may purchase remote site incubators and may use agency employees to construct remote site incubators.
     (5) The department ((shall)) may investigate the use of the remote site incubator technology for the production of warm water fish.
     (6) ((Annual)) Reports on the progress of the program shall be provided to the fish and wildlife commission as requested.

Sec. 510   RCW 77.95.230 and 1989 c 336 s 2 are each amended to read as follows:
     The director shall determine the cost of operating all state-funded salmon production facilities at full capacity and shall provide this information with the department's biennial budget request if so requested by the office of financial management.

NEW SECTION.  Sec. 511   The following acts or parts of acts are each repealed:
     (1) RCW 77.95.140 (Skagit river salmon recovery plan) and 1995 1st sp.s. c 2 s 41, 1993 sp.s. c 2 s 48, & 1992 c 88 s 1;
     (2) RCW 77.95.150 (Coordination with regional enhancement groups--Findings) and 1995 c 367 s 1; and
     (3) RCW 77.95.160 (Fish passage barrier removal task force--Membership -- Recommendations) and 2000 c 107 s 110, 1997 c 389 s 6, & 1995 c 367 s 2.

Sec. 601   RCW 43.30.340 and 2003 c 334 s 202 are each amended to read as follows:
     The department is authorized to receive and disburse funds from the federal government ((for cooperative work in management and protection of forests and forest and range lands as may be authorized by any act of Congress which is now, or may hereafter be, adopted for such purposes)) or from other sources for purposes that advance the mission, responsibilities, and duties of the department.

Sec. 602   RCW 76.06.150 and 2009 c 163 s 5 are each amended to read as follows:
     (1) The commissioner of public lands is designated as the state of Washington's lead for all forest health issues.
     (2) The commissioner of public lands shall strive to promote communications between the state and the federal government regarding forest land management decisions that potentially affect the health of forests in Washington and will allow the state to have an influence on the management of federally owned land in Washington. Such government-to-government cooperation is vital if the condition of the state's public and private forest lands are to be protected. These activities may include, when deemed by the commissioner to be in the best interest of the state:
     (a) Representing the state's interest before all appropriate local, state, and federal agencies;
     (b) Assuming the lead state role for developing formal comments on federal forest management plans that may have an impact on the health of forests in Washington;
     (c) Pursuing in an expedited manner any available and appropriate cooperative agreements, including cooperating agency status designation, with the United States forest service and the United States bureau of land management that allow for meaningful participation in any federal land management plans that could affect the department's strategic plan for healthy forests and effective fire prevention and suppression, including the pursuit of any options available for giving effect to the cooperative philosophy contained within the national environmental policy act of 1969 (42 U.S.C. Sec. 4331); and
     (d) Pursuing agreements with federal agencies in the service of forest biomass energy partnerships and cooperatives authorized under RCW 43.30.835 through 43.30.840.
     (3) When requested and consistent with RCW 43.01.036, the commissioner of public lands shall report to the ((chairs of the appropriate standing committees of the)) legislature ((every year)) on progress under this section, including, if requested, the identification((, if deemed appropriate by the commissioner,)) of any needed statutory changes, policy issues, or funding needs.

Sec. 603   RCW 79.02.260 and 2003 c 334 s 429 are each amended to read as follows:
     (1) The department shall keep a ((fee book)) record, in a manner determined to be effective and efficient by the department, in which shall be entered all fees received, with the date paid and the name of the person paying the ((same)) fee, and the nature of the services rendered for which the fee is charged((, which book shall)). The record must be verified monthly by an affidavit entered ((therein)) into the record.
     (2) All fees collected by the department shall be paid into the state treasury, as applicable, to the resource management cost account created in RCW 79.64.020, the forest development account created in RCW 79.64.100, or the agricultural college trust management account fund as established under RCW 79.64.090, and the receipt of the state treasurer taken and retained in the department's Olympia office as a voucher.

Sec. 604   RCW 79.17.010 and 2009 c 497 s 6024 are each amended to read as follows:
     (1) The department, with the approval of the board, may exchange any state land and any timber thereon for any land of equal value in order to:
     (a) Facilitate the marketing of forest products of state lands;
     (b) Consolidate and block-up state lands;
     (c) Acquire lands having commercial recreational leasing potential;
     (d) Acquire county-owned lands;
     (e) Acquire urban property which has greater income potential or which could be more efficiently managed by the department in exchange for state urban lands as defined in RCW 79.19.100; or
     (f) Acquire any other lands when such exchange is determined by the board to be in the best interest of the trust for which the state land is held.
     (2) Land exchanged under this section shall not be used to reduce the publicly owned forest land base.
     (3) The board shall determine that each land exchange is in the best interest of the trust for which the land is held prior to authorizing the land exchange.
     (4) ((During the biennium ending June 30, 2011,)) For the purposes of maintaining working farm and forest landscapes or acquiring natural resource lands at risk of development, the department, with approval of the board of natural resources, may exchange any state land and any timber thereon for any land and proceeds of equal value, when it can be demonstrated that the trust fiduciary obligations can be better fulfilled after an exchange is completed. Proceeds may be in the form of cash or services in order to achieve the purposes established in this section. Any cash received as part of an exchange transaction shall be deposited in the resource management cost account to pay for administrative expenses incurred in carrying out an exchange transaction. These administrative expenses include road maintenance and abandonment expenses. The amount of proceeds received from the exchange partner may not exceed five percent of the total value of the exchange. The receipt of proceeds shall not change the character of the transaction from an exchange to a sale.
     (5) Prior to executing an exchange under this section, and in addition to the public notice requirements set forth in RCW 79.17.050, the department shall consult with legislative members, other state and federal agencies, local governments, tribes, local stakeholders, conservation groups, and any other interested parties to identify and address cultural resource issues and the potential of the state lands proposed for exchange to be used for open space, park, school, or critical habitat purposes.

Sec. 605   RCW 79.17.020 and 2009 c 497 s 6025 are each amended to read as follows:
     (1) The board of county commissioners of any county and/or the mayor and city council or city commission of any city or town and/or the board shall have authority to exchange, each with the other, or with the federal forest service, the federal government or any proper agency thereof and/or with any private landowner, county land of any character, land owned by municipalities of any character, and state forest land owned by the state under the jurisdiction of the department, for real property of equal value for the purpose of consolidating and blocking up the respective land holdings of any county, municipality, the federal government, or the state of Washington or for the purpose of obtaining lands having commercial recreational leasing potential.
     (2) ((During the biennium ending June 30, 2011,)) For the purposes of maintaining working farm and forest landscapes or acquiring natural resource lands at risk of development, the department, with approval of the board of natural resources, may exchange any state land and any timber thereon for any land and proceeds of equal value, when it can be demonstrated that the trust fiduciary obligations can be better fulfilled after an exchange is completed. Proceeds may be in the form of cash or services in order to achieve the purposes established in this section. Any cash received as part of an exchange transaction shall be deposited in the forest development account to pay for administrative expenses incurred in carrying out an exchange transaction. The amount of proceeds received from the exchange partner may not exceed five percent of the total value of the exchange. The receipt of proceeds shall not change the character of the transaction from an exchange to a sale.
     (3) Prior to executing an exchange under this section, and in addition to the public notice requirements set forth in RCW 79.17.050, the department shall consult with legislative members, other state and federal agencies, local governments, tribes, local stakeholders, conservation groups, and any other interested parties to identify and address cultural resource issues, and the potential of the state lands proposed for exchange to be used for open space, park, school, or critical habitat purposes.

Sec. 606   RCW 79.19.100 and 2003 c 334 s 441 are each amended to read as follows:
     (1) The purpose of this section is to foster cooperative planning among the state, the department, and local governments as to state-owned lands under the department's jurisdiction situated in urban areas.
     ((At least once a year,)) (2) Prior to finalizing the department's urban land leasing action plan, the department and applicable local governments shall meet on a schedule agreed upon between the department and the local government to review state and local plans and to coordinate planning in areas where urban lands are located. The department and local governments may enter into formal agreements for the purpose of planning the appropriate development of these state-owned urban lands.
     (3) The department shall contact those local governments which have planning, zoning, and land-use regulation authority over areas where urban lands under its jurisdiction are located so as to facilitate these annual or other meetings.
     (4) "Urban lands" as used in this section means those areas which within ten years are expected to be intensively used for locations of buildings or structures, and usually have urban governmental services.
     (5) "Local government" as used in this section means counties, cities, and towns having planning and land-use regulation authority.

Sec. 607   RCW 79.125.710 and 2005 c 155 s 517 are each amended to read as follows:
     Whenever application is made to the department by any incorporated city or town or metropolitan park district for the use of any state-owned tidelands or shorelands within the corporate limits of the city or town or metropolitan park district for municipal park and/or playground purposes, the department shall ((cause the application to be entered)) record the application in the department's records ((of its office,)) and ((shall then)) must forward the application to the office of the governor((, who shall appoint a committee of five representative citizens of the city or town, in addition to the commissioner and the director of ecology, both of whom shall be ex officio members of the committee, to investigate the lands and determine whether they)) for the opportunity to determine whether the lands are suitable and needed for park or playground purposes((; and, if they so find)). If the lands are found to be suitable and needed, or the governor declines to comment, the commissioner shall certify to the governor that the property ((shall)) is to be deeded, ((when)) in accordance with RCW 79.125.200 and 79.125.700, to the city or town or metropolitan park district and the governor shall then execute a deed in the name of the state of Washington, attested by the secretary of state, conveying the use of the lands to the city or town or metropolitan park district for park or playground purposes for so long as it shall continue to hold, use, and maintain the lands for park or playground purposes.

Sec. 608   RCW 79.140.020 and 2005 c 155 s 802 are each amended to read as follows:
     The department shall ((print)) generate a list of valuable materials contained within or upon state-owned aquatic lands, giving appraised value, character of the land, and ((such)) other information as may be of interest to prospective buyers. The lists must be ((issued)) generated at least four weeks prior to the date of any sale. The department shall ((retain for free distribution in its office in Olympia and the regional offices sufficient copies of the lists, to be kept in a conspicuous place or receptacle on the counter of the general and regional office of the department, and, when requested, shall mail copies of the list as issued to any applicant)) make the list available in its public offices and, if deemed beneficial by the department, on the department's internet web page.

Sec. 609   RCW 79.105.410 and 2005 c 155 s 163 are each amended to read as follows:
     (1) The department is authorized to accept gifts of aquatic land within the state, including tidelands, shorelands, harbor areas, and the beds of navigable waters, which shall become part of the state-owned aquatic land base.
     (2) Consistent with RCW 79.105.030, the department must develop procedures and criteria that state the manner in which gifts of aquatic land, received after July 27, 2003, may occur.
     (3) Except as otherwise provided in this section, no gift of aquatic land may be accepted until: (a) An appraisal of the value of the land has been prepared; (b) an environmental site assessment has been conducted; and (c) the title property report has been examined and approved by the attorney general of the state. The results of the appraisal, the site assessment, and the examination of the title property report must be submitted to the board before the department may accept a gift of aquatic land.
     (((2))) (4) On a case-by-case basis, the department may accept a gift of aquatic lands without the necessity of completing the requirements of subsection (3) of this section. This authority is limited to donations the department determines to be low-risk and may be utilized if the department can identify processes to protect the state's interest that are functionally equivalent to the requirements of subsection (3) of this section.
     (5) The authorization to accept gifts of aquatic land within the state extends to aquatic land accepted as gifts prior to July 27, 2003.

NEW SECTION.  Sec. 610   The following acts or parts of acts are each repealed:
     (1) RCW 43.30.345 (Federal funds for management and protection of forests, forest and range lands -- Disbursement of funds) and 2003 c 334 s 203, 1988 c 128 s 14, & 1957 c 78 s 2;
     (2) RCW 43.30.360 (Clarke-McNary fund) and 2002 c 371 s 908 & 1986 c 100 s 46;
     (3) RCW 43.30.370 (Cooperative farm forestry funds) and 1986 c 100 s 47; and
     (4) RCW 79.125.610 (List of state-owned tidelands and shorelands permitted to be sold) and 2005 c 155 s 113 & 1982 1st ex.s. c 21 s 24.

Sec. 701   RCW 90.71.010 and 2007 c 341 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 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 RCW 90.71.300 and 90.71.310)) was developed under RCW 90.71.300 and 90.71.310 by the Puget Sound partnership, approved by the leadership council, and delivered to the legislature in December 2008, along with any subsequent updates.
     (2) "Action area" means the geographic areas delineated as provided in RCW 90.71.260.
     (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)) pursuant to RCW 90.71.310.
     (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 July 1, 2007.
     (12) (("Puget Sound partner" means an entity that has been recognized by the partnership, as provided in RCW 90.71.340, 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[s])) resources committees including those working with the Northwest straits commission, nearshore groups, and watershed lead entities.
     (((14))) (13) "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.

Sec. 702   RCW 90.71.230 and 2007 c 341 s 5 are each amended to read as follows:
     (1) The leadership council shall have the power and duty to:
     (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)) Perform 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)) update 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.

Sec. 703   RCW 90.71.250 and 2007 c 341 s 7 are each amended to read as follows:
     (1) The ((council shall convene the)) ecosystem coordination board ((not later than October 1, 2007.
     (2) The board)) shall consist of the following:
     (a) One representative from the geographic area of each of the action areas specified in RCW 90.71.260, 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))) (2) 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))) (3) The board shall elect one of its members as chair, and one of its members as vice-chair.
     (((5))) (4) The board shall advise and assist the council in carrying out its responsibilities in implementing this chapter, including ((development and)):
     (a) The implementation and updating 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 RCW 90.71.260));
     (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)) action agenda implementation;
     (((d))) (c) 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))) (d) 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))) (5) 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.

Sec. 704   RCW 90.71.260 and 2007 c 341 s 8 are each amended to read as follows:
     (1) The partnership shall ((develop)) pursue the implementation of the action agenda in part upon the foundation of existing watershed programs that address or contribute to the health of Puget Sound. To ensure full consideration of these watershed programs ((in a timely manner to meet the required date for adoption of the action agenda)), the partnership shall rely largely upon local watershed groups, tribes, cities, counties, special purpose districts, and the private sector, who are engaged in developing and implementing these programs.
     (2) The partnership shall organize ((this work)) the implementation of the action agenda 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))) (5) 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.))

Sec. 705   RCW 90.71.270 and 2007 c 341 s 9 are each amended to read as follows:
     (1) The council shall appoint a nine-member Puget Sound science panel to provide independent, nonrepresentational scientific advice to the council ((and expertise in identifying environmental indicators and benchmarks for incorporation into the action agenda)).
     (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)) Nominees and panel members must disclose any potential conflicts of interest, and any financial relationship with any leadership councilmember, 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.

Sec. 706   RCW 90.71.280 and 2009 c 99 s 2 are each amended to read as follows:
     (1) The panel shall:
     (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 RCW 90.71.290, assist the partnership in ((developing)) maintaining 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) ((Develop and)) Implement an appropriate process for peer review of monitoring, research, and modeling conducted as part of the strategic science program;
     (e) Provide input to the executive director in developing biennial implementation strategies; and
     (f) 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, as necessary, into any updates of the action agenda.

Sec. 707   RCW 90.71.290 and 2007 c 341 s 11 are each amended to read as follows:
     (1) The strategic science program shall be developed by the panel with assistance and staff support provided by the executive director. The science program may include:
     (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)) elements of and updates to 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)) may submit 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 RCW 90.71.370.
     (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.

Sec. 708   RCW 90.71.300 and 2007 c 341 s 12 are each amended to read as follows:
     (1) The action agenda shall consist of the goals and objectives in this section, implementation strategies to meet measurable outcomes, benchmarks, and identification of responsible entities. By 2020, the action agenda shall strive to achieve the following goals:
     (a) A healthy human population supported by a healthy Puget Sound that is not threatened by changes in the ecosystem;
     (b) A quality of human life that is sustained by a functioning Puget Sound ecosystem;
     (c) Healthy and sustaining populations of native species in Puget Sound, including a robust food web;
     (d) A healthy Puget Sound where freshwater, estuary, nearshore, marine, and upland habitats are protected, restored, and sustained;
     (e) An ecosystem that is supported by groundwater 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)) updated 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.

Sec. 709   RCW 90.71.310 and 2008 c 329 s 926 are each amended to read as follows:
     (1) The council shall ((develop)) maintain, and update as necessary, a science-based action agenda that leads to the recovery of Puget Sound by 2020 and achievement of the goals and objectives established in RCW 90.71.300. The action agenda shall:
     (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 RCW 90.71.300, 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 RCW 90.71.300;
     (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 RCW 90.71.260;
     (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 RCW 90.71.290.
     (2) In ((developing)) revising 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 July 1, 2007)).
     (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 December 1, 2008.)) The council shall revise the action agenda as needed, and, beginning in 2011, 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))) (4) The action agenda shall be ((organized and)) maintained in a single document to facilitate public accessibility to the plan.

Sec. 710   RCW 90.71.370 and 2010 1st sp.s. c 36 s 6013 are each amended to read as follows:
     (1) By ((December 1, 2008, and by)) September 1st of each even-numbered year beginning in 2010, the council shall provide to the governor and the appropriate fiscal committees of the senate and house of representatives its recommendations for the funding necessary to implement the action agenda in the succeeding biennium. The recommendations shall:
     (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)) even-numbered year beginning in ((2009)) 2012, 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) Water pollution control facilities financing, 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.
     (5) During the 2009-2011 fiscal biennium, the council's review must result in a ranking of projects affecting the protection and recovery of the Puget Sound basin that are proposed in the governor's capital budget submitted under RCW 43.88.060. The ranking shall include recommendations for reallocation of total requested funds for Puget Sound basin projects to achieve the greatest positive outcomes for protection and recovery of Puget Sound and shall be submitted to the appropriate fiscal committees of the legislature no later than February 1, 2011.

Sec. 711   RCW 90.71.340 and 2007 c 341 s 16 are each amended to read as follows:
     (1) The legislature intends that fiscal incentives and disincentives be used as accountability measures designed to achieve consistency with the action agenda by:
     (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.

Sec. 712   RCW 90.71.360 and 2007 c 341 s 18 are each amended to read as follows:
     (1) The partnership shall 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.
     (2) The action agenda ((may)) does not create a legally enforceable duty to review or approve permits, or to adopt plans or regulations. The action agenda ((may)) does 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.

Sec. 713   RCW 43.155.070 and 2009 c 518 s 16 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 RCW 43.155.110, 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 RCW 90.71.310;
     (((d))) (c) Whether the project is critical in nature and would affect the health and safety of a great number of citizens;
     (((e))) (d) Whether the applicant has developed and adhered to guidelines regarding its permitting process for those applying for development permits consistent with section 1(2), chapter 231, Laws of 2007;
     (((f))) (e) The cost of the project compared to the size of the local government and amount of loan money available;
     (((g))) (f) The number of communities served by or funding the project;
     (((h))) (g) Whether the project is located in an area of high unemployment, compared to the average state unemployment;
     (((i))) (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;
     (((j))) (i) Except as otherwise conditioned by RCW 43.155.120, and effective one calendar year following the development of model evergreen community management plans and ordinances under RCW 35.105.050, whether the entity receiving assistance has been recognized, and what gradation of recognition was received, in the evergreen community recognition program created in RCW 35.105.030;
     (((k))) (j) 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
     (((l))) (k) 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 even-numbered 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 RCW 90.71.310.

Sec. 714   RCW 70.105D.070 and 2010 1st sp.s. c 37 s 942 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;
     (xii) Development and demonstration of alternative management technologies designed to carry out the hazardous waste management priorities of RCW 70.105.150;
     (xiii) During the 2009-2011 fiscal biennium, shoreline update technical assistance; and
     (xiv) During the 2009-2011 fiscal biennium, multijurisdictional permitting teams.
     (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.
     (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 RCW 90.71.310, shall((, except as conditioned by RCW 70.105D.120,)) receive priority for any available funding for any grant or funding programs or sources that use a competitive bidding process. During the 2007-2009 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) To expedite cleanups throughout the state, the department shall partner with local communities and liable parties for cleanups. The department is authorized to use the following additional strategies in order to ensure a healthful environment for future generations:
     (i) The director may alter grant-matching requirements to create incentives for local governments to expedite cleanups when one of the following conditions exists:
     (A) Funding would prevent or mitigate unfair economic hardship imposed by the clean-up liability;
     (B) Funding would create new substantial economic development, public recreational, or habitat restoration opportunities that would not otherwise occur; or
     (C) Funding would create an opportunity for acquisition and redevelopment of vacant, orphaned, or abandoned property under RCW 70.105D.040(5) that would not otherwise occur;
     (ii) The use of outside contracts to conduct necessary studies;
     (iii) The purchase of remedial action cost-cap insurance, when necessary to expedite multiparty clean-up efforts.
     (d) To facilitate and expedite cleanups using funds from the local toxics control account, during the 2009-2011 fiscal biennium the director may establish grant-funded accounts to hold and disperse local toxics control account funds and funds from local governments to be used for remedial actions.
     (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) Except during the 2009-2011 fiscal biennium, 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. 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 RCW 90.71.310.
     (7) The department shall adopt rules for grant or loan issuance and performance.
     (8) During the 2007-2009 and 2009-2011 fiscal biennia, the legislature may transfer from the local toxics control account to either the state general fund or the oil spill prevention account, or both such amounts as reflect excess fund balance in the account.
     (9) During the 2009-2011 fiscal biennium, the local toxics control account may also be used for a standby rescue tug at Neah Bay, local government shoreline update grants, private and public sector diesel equipment retrofit, and oil spill prevention, preparedness, and response activities.
     (10) During the 2009-2011 fiscal biennium, the legislature may transfer from the state toxics control account to the state general fund such amounts as reflect the excess fund balance in the account.

Sec. 715   RCW 70.146.070 and 2008 c 299 s 26 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 RCW 70.146.110, 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 RCW 90.71.310;
     (((g))) (f) Except as otherwise provided in RCW 70.146.120, and effective one calendar year following the development and statewide availability of model evergreen community management plans and ordinances under RCW 35.105.050, whether the project is sponsored by an entity that has been recognized, and what gradation of recognition was received, in the evergreen community recognition program created in RCW 35.105.030;
     (((h))) (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
     (((i))) (h) The recommendations of the Puget Sound partnership, created in RCW 90.71.210, 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 RCW 90.71.310.

Sec. 716   RCW 77.85.130 and 2007 c 341 s 36 and 2007 c 257 s 1 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;
     (v) Are included in a regional or watershed-based salmon recovery plan that accords the project, action, or area a high priority for funding; and
     (vi) ((Are, except as provided in RCW 77.85.240, 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 RCW 90.71.310.
     (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;
     (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) Any project sponsor receiving funding from the salmon recovery funding board that is not subject to disclosure under chapter 42.56 RCW must, as a mandatory contractual prerequisite to receiving the funding, agree to disclose any information in regards to the expenditure of that funding as if the project sponsor was subject to the requirements of chapter 42.56 RCW.
     (9) 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 RCW 90.71.310.

Sec. 717   RCW 79.105.150 and 2010 1st sp.s. c 37 s 949 are each 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. During the 2009-2011 fiscal biennium, the aquatic lands enhancement account may also be used for scientific research as part of the adaptive management process. During the 2009-11 fiscal biennium, the legislature may transfer from the aquatic lands enhancement account to the state general fund such amounts as reflect excess fund balance of the account.
     (2) In providing grants for aquatic lands enhancement projects, the recreation and conservation funding board shall:
     (a) Require grant recipients to incorporate the environmental benefits of the project into their grant applications;
     (b) Utilize the statement of environmental benefits, consideration((, except as provided in RCW 79.105.610, of whether the applicant is a Puget Sound partner, as defined in RCW 90.71.010,)) of whether a project is referenced in the action agenda developed by the Puget Sound partnership under RCW 90.71.310, and except as otherwise provided in RCW 79.105.630, and effective one calendar year following the development and statewide availability of model evergreen community management plans and ordinances under RCW 35.105.050, whether the applicant is an entity that has been recognized, and what gradation of recognition was received, in the evergreen community recognition program created in RCW 35.105.030 in its prioritization and selection process; 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.
     (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 RCW 90.71.310.

Sec. 718   RCW 79A.15.040 and 2008 c 299 s 29 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 board 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 board 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 board 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) Except as otherwise conditioned by RCW ((79A.15.140 or)) 79A.15.150, the board in its evaluating process shall consider the following in determining distribution priority:
     (a) ((Whether the entity applying for funding is a Puget Sound partner, as defined in RCW 90.71.010;
     (b))) Effective one calendar year following the development and statewide availability of model evergreen community management plans and ordinances under RCW 35.105.050, whether the entity receiving assistance has been recognized, and what gradation of recognition was received, in the evergreen community recognition program created in RCW 35.105.030; and
     (((c))) (b) Whether the project is referenced in the action agenda developed by the Puget Sound partnership under RCW 90.71.310.
     (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 RCW 90.71.310.

Sec. 719   RCW 89.08.520 and 2008 c 299 s 27 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;
     (b) In its grant prioritization and selection process, consider:
     (i) The statement of environmental benefits;
     (ii) Whether, except as ((conditioned by RCW 89.08.580, the applicant is a Puget Sound partner, as defined in RCW 90.71.010, and except as)) otherwise provided in RCW 89.08.590, and effective one calendar year following the development and statewide availability of model evergreen community management plans and ordinances under RCW 35.105.050, ((whether)) the applicant is an entity that has been recognized, and what gradation of recognition was received, in the evergreen community recognition program created in RCW 35.105.030; and
     (iii) Whether the project is referenced in the action agenda developed by the Puget Sound partnership under RCW 90.71.310; 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 RCW 90.71.310.
     (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. 720   The following acts or parts of acts are each repealed:
     (1) RCW 43.155.110 (Puget Sound partners) and 2007 c 341 s 25;
     (2) RCW 70.105D.120 (Puget Sound partners) and 2007 c 341 s 31;
     (3) RCW 70.146.110 (Puget Sound partners) and 2007 c 341 s 27;
     (4) RCW 77.85.240 (Puget Sound partners) and 2007 c 341 s 37;
     (5) RCW 79.105.610 (Puget Sound partners) and 2007 c 341 s 33;
     (6) RCW 79A.15.140 (Puget Sound partners) and 2007 c 341 s 35;
     (7) RCW 89.08.580 (Puget Sound partners) and 2007 c 341 s 29; and
     (8) RCW 90.50A.080 (Puget Sound partners) and 2007 c 341 s 40.