BILL REQ. #: S-3596.3
| State of Washington | 62nd Legislature | 2012 Regular Session |
Read first time 01/16/12. Referred to Committee on Energy, Natural Resources & Marine Waters.
AN ACT Relating to facilitating marine management planning; amending RCW 43.372.020, 43.372.030, 43.372.040, 79.105.150, and 43.372.070; reenacting and amending RCW 79.64.040; and adding a new section to chapter 79.105 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 43.372.020 and 2010 c 145 s 3 are each amended to read
as follows:
(1) The office of the governor shall chair a marine interagency
team that is composed of representatives of each of the agencies in the
governor's natural resources cabinet with management responsibilities
for marine waters, including the independent agencies. A
representative from a federal agency with lead responsibility for
marine spatial planning must be invited to serve as a liaison to the
team to help ensure consistency with federal actions and policy. The
team must ((conduct the assessment authorized in section 4, chapter
145, Laws of 2010,)) assist state agencies under RCW 43.372.030 with
the review and coordination of such planning with their existing and
ongoing planning((,)) and conduct the marine management planning
authorized in RCW 43.372.040.
(2) The team may not commence any activities authorized under RCW
43.372.030 and 43.372.040 until federal, private, or other ((nonstate))
funding is secured specifically for these activities.
Sec. 2 RCW 43.372.030 and 2010 c 145 s 5 are each amended to read
as follows:
(1) ((Concurrently or prior to the assessment and planning
activities provided in section 4, chapter 145, Laws of 2010 and RCW
43.372.040, and)) Subject to available federal, private, or other
((nonstate)) funding for this purpose, all state agencies with marine
waters planning and management responsibilities are authorized to
include marine spatial data and marine spatial planning elements into
their existing plans and ongoing planning.
(2) The director of the Puget Sound partnership under the direction
of the leadership council created in RCW 90.71.220 must integrate
marine spatial information and planning provisions into the action
agenda. The information should be used to address gaps or improve the
effectiveness of the spatial planning component of the action agenda,
such as in addressing potential new uses such as renewable energy
projects.
(3) The governor and the commissioner of public lands, working with
appropriate marine management and planning agencies, should work
cooperatively with the applicable west coast states, Canadian
provinces, and with federal agencies, through existing cooperative
entities such as the west coast governor's agreement on ocean health,
the coastal and oceans task force, the Pacific coast collaborative, the
Puget Sound federal caucus, and the United States and Canada
cooperative agreement working group, to explore the benefits of
developing joint marine spatial plans or planning frameworks in the
shared waters of the Salish Sea, the Columbia river estuary, and in the
exclusive economic zone waters. The governor and commissioner may
approve the adoption of shared marine spatial plans or planning
frameworks where they determine it would further policies of this
chapter and chapter 43.143 RCW.
(4) On an ongoing basis, the director of the department of ecology
shall work with other state agencies with marine management
responsibilities, tribal governments, marine resources committees,
local and federal agencies, and marine waters stakeholders to compile
marine spatial information and to incorporate this information into
ongoing plans. This work may be integrated with the comprehensive
marine management plan authorized under RCW 43.372.040 when that
planning process is initiated.
(5) All actions taken to implement this section must be consistent
with RCW 43.372.060.
Sec. 3 RCW 43.372.040 and 2010 c 145 s 6 are each amended to read
as follows:
(1) Upon the receipt of federal, private, or other ((nonstate))
funding for this purpose, ((together with any required match of state
funding that may be specifically provided for this purpose,)) the
marine interagency team shall coordinate the development of a
comprehensive marine management plan for the state's marine waters. The
marine management plan must include marine spatial planning, as well as
recommendations to the appropriate federal agencies regarding the
exclusive economic zone waters.
(2) The comprehensive marine management plan may be developed in
geographic segments, and may incorporate or be developed as an element
of existing marine plans, such as the Puget Sound action agenda. If
the team exercises the option to develop the comprehensive marine
management plan in geographic segments, it may proceed with development
and adoption of marine management plans for these geographic segments
on different schedules.
(3) The chair of the team may designate a state agency with marine
management responsibilities to take the lead in developing and
recommending to the team particular segments or elements of the
comprehensive marine management plan.
(((2))) (4) The marine management plan must be developed and
implemented in a manner that:
(a) Recognizes and respects existing uses and tribal treaty rights;
(b) Promotes protection and restoration of ecosystem processes to
a level that will enable long-term sustainable production of ecosystem
goods and services;
(c) Addresses potential impacts of climate change and sea level
rise upon current and projected marine waters uses and shoreline and
coastal impacts;
(d) Fosters and encourages sustainable uses that provide economic
opportunity without significant adverse environmental impacts;
(e) Preserves and enhances public access;
(f) Protects and encourages working waterfronts and supports the
infrastructure necessary to sustain marine industry, commercial
shipping, shellfish aquaculture, and other water-dependent uses;
(g) Fosters public participation in decision making and significant
involvement of communities adjacent to the state's marine waters; and
(h) Integrates existing management plans and authorities and makes
recommendations for aligning plans to the extent practicable.
(((3))) (5) To ensure the effective stewardship of the state's
marine waters held in trust for the benefit of the people, the marine
management plan must rely upon existing data and resources, but also
identify data gaps and, as possible, procure missing data necessary for
planning.
(((4))) (6) The marine management plan must include but not be
limited to:
(a) An ecosystem assessment that analyzes the health and status of
Washington marine waters including key social, economic, and ecological
characteristics and incorporates the best available scientific
information, including relevant marine data. This assessment should
seek to identify key threats to plan goals, analyze risk and management
scenarios, and develop key ecosystem indicators. In addition, the plan
should incorporate existing adaptive management strategies underway by
local, state, or federal entities and provide an adaptive management
element to incorporate new information and consider revisions to the
plan based upon research, monitoring, and evaluation;
(b) Using and relying upon existing plans and processes and
additional management measures to guide decisions among uses proposed
for specific geographic areas of the state's marine and estuarine
waters consistent with applicable state laws and programs that control
or address developments in the state's marine waters;
(c) A series of maps that, at a minimum, summarize available data
on: The key ecological aspects of the marine ecosystem, including
physical and biological characteristics, as well as areas that are
environmentally sensitive or contain unique or sensitive species or
biological communities that must be conserved and warrant protective
measures; human uses of marine waters, particularly areas with high
value for fishing, shellfish aquaculture, recreation, and maritime
commerce; and appropriate locations with high potential for renewable
energy production with minimal potential for conflicts with other
existing uses or sensitive environments;
(d) An element that sets forth the state's recommendations to the
federal government for use priorities and limitations, siting criteria,
and protection of unique and sensitive biota and ocean floor features
within the exclusive economic zone waters consistent with the policies
and management criteria contained in this chapter and chapter 43.143
RCW;
(e) An implementation strategy describing how the plan's management
measures and other provisions will be considered and implemented
through existing state and local authorities; and
(f) A framework for coordinating state agency and local government
review of proposed renewable energy development uses requiring multiple
permits and other approvals that provide for the timely review and
action upon renewable energy development proposals while ensuring
protection of sensitive resources and minimizing impacts to other
existing or projected uses in the area.
(((5))) (7) If the director of the department of fish and wildlife
determines that a fisheries management element is appropriate for
inclusion in the marine management plan, this element may include the
incorporation of existing management plans and procedures and standards
for consideration in adopting and revising fisheries management plans
in cooperation with the appropriate federal agencies and tribal
governments.
(((6))) (8) Any provision of the marine management plan that does
not have as its primary purpose the management of commercial or
recreational fishing but that has an impact on this fishing must
minimize the negative impacts on the fishing. The team must accord
substantial weight to recommendations from the director of the
department of fish and wildlife for plan revisions to minimize the
negative impacts.
(((7))) (9) The marine management plan must recognize and value
existing uses. All actions taken to implement this section must be
consistent with RCW 43.372.060.
(((8))) (10) The marine management plan must identify any
provisions of existing management plans that are substantially
inconsistent with the plan.
(((9))) (11)(a) In developing the marine management plan, the team
shall implement a strong public participation strategy that seeks input
from throughout the state and particularly from communities adjacent to
marine waters. Public review and comment must be sought and
incorporated with regard to planning the scope of work as well as in
regard to significant drafts of the plan and plan elements.
(b) The team must engage tribes and marine resources committees in
its activities throughout the planning process. In particular, prior
to finalizing the plan, the team must provide each tribe and marine
resources committee with a draft of the plan and invite them to review
and comment on the plan.
(((10) The team must complete the plan within twenty-four months of
the initiation of planning under this section.)) (12) The director of the department of ecology shall submit
the completed marine management plan to the appropriate federal agency
for its review and approval for incorporation into the state's
federally approved coastal zone management program.
(11)
(((12))) (13) Subsequent to the adoption of the marine management
plan, the team may periodically review and adopt revisions to the plan
to incorporate new information and to recognize and incorporate
provisions in other marine management plans. The team must afford the
public an opportunity to review and comment upon significant proposed
revisions to the marine management plan.
NEW SECTION. Sec. 4 A new section is added to chapter 79.105 RCW
to read as follows:
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 must be distributed as follows:
(1) First, until July 1, 2016, four percent of moneys received must
be deposited in the marine resources stewardship trust account
established under RCW 43.372.070. Thereafter, the amount deposited
must equal two percent;
(2) Second, deductions for management costs under RCW 79.64.040 and
payments to towns under RCW 79.115.150(2) must be made; and
(3) Third, the remaining moneys must be deposited in the aquatic
lands enhancement account established under RCW 79.105.150.
Sec. 5 RCW 79.64.040 and 2011 1st sp.s. c 50 s 966 and 2011 c 216
s 16 are each reenacted and amended to read as follows:
(1) The board shall determine the amount deemed necessary in order
to achieve the purposes of this chapter and shall provide by rule for
the deduction of this amount from the moneys received from all leases,
sales, contracts, licenses, permits, easements, and rights-of-way
issued by the department and affecting state lands, community forest
trust lands, and aquatic lands, provided that no deduction shall be
made from the proceeds from agricultural college lands.
(2) Moneys received as deposits from successful bidders, advance
payments, and security under RCW 79.15.100, 79.15.080, and 79.11.150
prior to December 1, 1981, which have not been subjected to deduction
under this section are not subject to deduction under this section.
(3) Except as otherwise provided in subsections (4) and (((6))) (7)
of this section, the deductions authorized under this section shall not
exceed twenty-five percent of the moneys received by the department in
connection with any one transaction pertaining to state lands and
aquatic lands other than second-class tide and shore lands and the beds
of navigable waters, and fifty percent of the moneys received by the
department pertaining to second-class tide and shore lands and the beds
of navigable waters.
(4) Deductions authorized under this section for transactions
pertaining to community forest trust lands must be established at a
level sufficient to defray over time the management costs for
activities prescribed in a parcel's management plan adopted pursuant to
RCW 79.155.080, and, if deemed appropriate by the board consistent with
RCW 79.155.090, to reimburse the state and any local entities' eligible
financial contributions for acquisition of the parcel.
(5) In the event that the department sells logs using the contract
harvesting process described in RCW 79.15.500 through 79.15.530, the
moneys received subject to this section are the net proceeds from the
contract harvesting sale.
(6) For a transaction involving aquatic lands, the moneys subject
to this section are those moneys remaining after the deduction provided
under section 4(1) of this act has been applied to moneys received by
the department in connection with any one transaction.
(7) During the 2009-2011 fiscal biennium and fiscal year 2012, the
twenty-five percent limitation on deductions set in subsection (3) of
this section may be increased up to thirty percent by the board.
Sec. 6 RCW 79.105.150 and 2011 2nd sp.s. c 9 s 911 are each
amended to read as follows:
(1) After deduction for distributions under section 4(1) of this
act, management costs ((as provided in)) under 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, 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. 7 RCW 43.372.070 and 2011 c 250 s 2 are each amended to read
as follows:
(1) The marine resources stewardship trust account is created in
the state treasury. All receipts from income derived from the
investment of amounts credited to the account, distributions from
transactions involving state-owned aquatic lands provided under section
4 of this act, any grants, gifts, or donations to the state for the
purposes of marine management planning, marine spatial planning, data
compilation, research, or monitoring, and any appropriations made to
the account must be deposited in the account. Moneys in the account
may be spent only after appropriation.
(2) Expenditures from the account may only be used for the purposes
of marine management planning, marine spatial planning, research,
monitoring, and implementation of the marine management plan((, and for
the restoration or enhancement of marine habitat or resources)).
(3) ((When moneys are deposited into the marine resources
stewardship trust account, the governor must provide recommendations on
expenditures from the account to the appropriate committees of the
legislature prior to the next regular legislative session. The
recommended projects and activities must be consistent with:)) Until July 1, 2016,
expenditures from the account may only be used for the purposes of:
(a) The allowable uses of the marine resources stewardship trust
account; and
(b) The priority areas identified in
(a) Conducting ecosystem assessment and mapping activities in
marine waters consistent with RCW 43.372.040(6) (a) and (c), with a
focus on assessment and mapping activities related to marine resource
uses and developing potential economic opportunities;
(b) Developing a marine management plan for the state's coastal
waters as that term is defined in RCW 43.143.020; and
(c) Coordination under the west coast governors' agreement on ocean
health, entered into on September 18, 2006, ((and recognized in section
1, chapter 250, Laws of 2011)) and other regional planning efforts
consistent with RCW 43.372.030.