BILL REQ. #: H-3405.1
| State of Washington | 62nd Legislature | 2012 Regular Session |
Read first time 01/11/12. Referred to Committee on Environment.
AN ACT Relating to updating the statutes controlling the Puget Sound partnership to reflect the transition from developing the action agenda to implementing the action agenda; amending RCW 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, 70.146.070, 77.85.130, 79.105.150, 79A.15.040, and 89.08.520; reenacting and amending RCW 70.105D.070; and repealing RCW 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. 1 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.)) "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 ((
(13)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. 2 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. 3 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.)) shall consist of the following:
(2) The board
(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;)) Seeking public and private funding and the commitment of
other resources for ((
(c)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. 4 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.)) 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.
(5)
(((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. 5 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. 6 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. 7 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. 8 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. 9 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.)) The council shall revise the action agenda as needed, and,
beginning in 2012, 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:
(4) The council shall adopt the action agenda by December 1,
2008.
(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.
(5) The joint legislative audit and review committee shall review
and report on the extent to which the partnership's 2012 action agenda,
state of the sound report, and other activities implement the
recommendations of the committee's 2011 audit entitled "Processes
required to measure Puget Sound restoration are not yet in place." A
report must be provided to the relevant policy committee of the senate
and house of representatives by January 1, 2013.
Sec. 10 RCW 90.71.370 and 2011 1st sp.s. c 50 s 977 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.
(6) During the 2011-2013 fiscal biennium, the council shall by
November 1, 2012, produce the state of the Sound report as defined in
subsection (3) of this section.
Sec. 11 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.)) 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.
(5)
Sec. 12 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. 13 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;)) Whether the project is referenced in the action agenda
developed by the Puget Sound partnership under RCW 90.71.310;
(c)
(((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. 14 RCW 70.105D.070 and 2011 1st sp.s. c 50 s 964 are each
reenacted and 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 and 2011-2013 fiscal biennia, shoreline
update technical assistance;
(xiv) During the 2009-2011 fiscal biennium, multijurisdictional
permitting teams; and
(xv) During the 2011-2013 fiscal biennium, actions for reducing
public exposure to toxic air pollution.
(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.
(11) During the 2011-2013 fiscal biennium, the local toxics control
account may also be used for local government shoreline update grants
and actions for reducing public exposure to toxic air pollution.
Sec. 15 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;)) Whether the project is referenced in the action agenda
developed by the Puget Sound partnership under RCW 90.71.310;
(f)
(((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. 16 RCW 77.85.130 and 2011 c 20 s 16 are each 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)) Are projects referenced in the action agenda developed by
the Puget Sound partnership under RCW 90.71.310.
(vii)
(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 Washington conservation corps
established in chapter 43.220 RCW or 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. 17 RCW 79.105.150 and 2011 2nd sp.s. c 9 s 911 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 and
2011-2013 fiscal biennia, the aquatic lands enhancement account may
also be used for scientific research as part of the adaptive management
process and for developing a planning report for McNeil Island. During
the 2009-2011 and 2011-2013 fiscal biennia, 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. During the 2011-2013 fiscal biennium, the aquatic lands
enhancement account may be used to support the shellfish program, the
ballast water program, and the Puget Sound toxic sampling program at
the department of fish and wildlife, and the knotweed program at the
department of agriculture.
(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. 18 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;)) 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
(b)
(((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. 19 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. 20 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.