BILL REQ. #:  S-4146.2 

READ FIRST TIME 02/03/12.   

     AN ACT Relating to the Washington state coastal solutions council; amending RCW 43.143.020; adding new sections to chapter 43.143 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The Pacific Ocean and its many resources are of environmental, economic, aesthetic, recreational, social, and historic importance to the people of Washington. Washington's coastal areas and ocean waters also face significant challenges, including the preservation of water quality, fish populations, and fish and wildlife habitat, and the utilization of opportunities offered by new sustainable use activities. The fluid, dynamic nature of ocean currents, atmospheric winds, and marine fish and wildlife across state and national borders and the multijurisdictional reach of many users of the coast and sea complicate policy making and actions to address these challenges. In an effort to address these complications, preserve ocean resources, and implement laws that cross local, state, and international boundaries, the legislature intends to promote coordinated, interagency action utilizing the Washington state coastal solutions council.
     The Washington state coastal solutions council has, at its core, a bottom-up approach that ensures a cohesive stakeholder and government policy development process. Additionally, the legislature intends that the Washington state coastal solutions council participate in the development of marine spatial planning in Washington's marine waters under chapter 43.372 RCW.

NEW SECTION.  Sec. 2   (1)(a) The Washington state coastal solutions council is established in the executive office of the governor. The council is composed of the following nonvoting members:
     (i) The governor or the governor's designee;
     (ii) The director or commissioner, or the director's or commissioner's designee, of the following agencies:
     (A) The department of ecology;
     (B) The department of natural resources;
     (C) The department of fish and wildlife;
     (D) The state parks and recreation commission; and
     (E) The department of commerce.
     (b) The following members of the coastal advisory body on ocean policy formed by the department of ecology in December 2011 are the initial voting members of the council:
     (i) A citizen from a coastal community;
     (ii) Two representatives from commercial fishing associations;
     (iii) A representative from a coastal conservation group;
     (iv) A representative from a coastal economic development group;
     (v) A representative from an educational institution;
     (vi) A person representing recreation;
     (vii) A representative from a recreational fishing organization;
     (viii) A person representing shellfish aquaculture;
     (ix) A representative from the shipping industry;
     (x) A representative from a science organization; and
     (xi) A representative from each outer coast marine resources committee, to be selected by the marine resources committee.
     (c) The council must adopt bylaws addressing future membership of the council as well as how vacancies in the membership will be filled.
     (d) The council must adopt bylaws addressing future membership of the coastal advisory body on ocean policy as well as how vacancies in the membership will be filled.
     (2) The council may invite state, tribal, local governments, and federal agencies with responsibility for the study and management of ocean resources or regulation of ocean activities to designate a liaison to the council to attend council meetings, respond to council requests for technical and policy information, and review any draft materials prepared by the council. The council may also invite representatives from other coastal states or Canadian provinces to participate when appropriate as nonvoting members.
     (3) A voting member identified under subsection (1)(b) of this section must serve as the chair of the council. The term of the chair is one year. The initial chair of the council must be nominated and elected by a majority of voting councilmembers at the first meeting of the council. The chair's term begins on the effective date of this section. At the expiration of each chair's term, the next chair must be nominated and elected by a majority of voting councilmembers. The agenda for each meeting must be developed as a collaborative process by voting and nonvoting members.
     (4) The council shall utilize a consensus approach to decision making among voting and nonvoting members. The council may put a decision to a vote among voting members only, in the event that consensus cannot be reached. The council must include in its bylaws guidelines describing how consensus works and when a lack of consensus among councilmembers will trigger a vote by voting members only.
     (5) If nonstate funding is secured, the council may hire a neutral convener to assist it in the performance of its duties, including but not limited to establishing bylaws and setting meeting agenda.
     (6) The department of ecology shall provide administrative and staff support for the council.
     (7) The council shall meet at least twice each year.
     (8) A majority of the voting members of the council constitutes a quorum for the transaction of business.
     (9) The term of office of each member appointed by the governor, or the governing body of a county, is four years. Members are eligible for reappointment.

NEW SECTION.  Sec. 3   The council's duties are to:
     (1) Serve as a forum for communication in order to seek consistency in state, local, and tribal policies concerning marine waters issues, including issues relating to resource management, fisheries, shellfish aquaculture, marine and coastal hazards, ocean energy, and marine waters research and education issues;
     (2) Serve as a point of contact for, and collaborate with, the federal government, regional entities, and other state governments, regarding marine waters issues;
     (3) Provide a forum to discuss marine waters resource policy, planning, and management issues, and, when appropriate, mediate disagreements;
     (4) Serve as an interagency resource to respond to issues facing coastal communities and marine waters resources in a collaborative manner;
     (5) Identify and pursue public and private funding opportunities for the programs and activities of the council, and for relevant programs and activities of member entities;
     (6) Provide policy recommendations to the governor, the legislature, and state and local agencies on specific marine waters resource management issues including:
     (a) Principals and standards required for emerging new marine uses;
     (b) Data gaps and opportunities for scientific research addressing coastal needs and concerns;
     (c) Implementation of Washington's ocean action plan 2006;
     (d) Development and implementation of coastwide goals and strategies including marine spatial planning; and
     (e) A coastal perspective regarding cross-boundary marine issues.
     (7) Establish bylaws based on existing documents of the coastal advisory body on ocean policy referred to under section 2(1)(b) of this act.

Sec. 4   RCW 43.143.020 and 1989 1st ex.s. c 2 s 10 are each amended to read as follows:
     ((Unless the context clearly requires otherwise,)) The definitions in this section apply throughout this chapter((:)) unless the context clearly requires otherwise.
     (1) "Coastal counties" means Clallam, Jefferson, Grays Harbor, and Pacific counties.
     (2) "Coastal waters" means the waters of the Pacific Ocean seaward from Cape Flattery south to Cape Disappointment, from mean high tide seaward two hundred miles.
     (3) "Council" means the Washington state coastal solutions council created in section 2 of this act.

NEW SECTION.  Sec. 5   Sections 2 and 3 of this act are each added to chapter 43.143 RCW.