State of Washington | 63rd Legislature | 2014 Regular Session |
Read first time 01/23/14. Referred to Committee on Environment.
AN ACT Relating to streamlining statutorily required environmental reports by government entities; amending RCW 70.93.200, 70.93.220, 70.93.250, 70.94.162, 70.95.530, 70.95J.025, 70.120A.050, 90.42.130, 90.44.052, 90.48.545, 90.80.150, and 90.82.043; reenacting and amending RCW 43.21A.667; and repealing RCW 70.95.545, 70.120A.040, and 90.80.901.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 43.21A.667 and 2011 c 171 s 7, 2011 c 169 s 2, and
2011 c 5 s 908 are each reenacted and amended to read as follows:
(1) The aquatic algae control account is created in the state
treasury. Moneys directed to the account from RCW 88.02.640 must be
deposited in the account. Expenditures from the account may only be
used as provided in this section. Moneys in the account may be spent
only after appropriation.
(2) Funds in the aquatic algae control account may be appropriated
to the department to develop a freshwater and saltwater aquatic algae
control program and may be used to establish contingency funds for
emergent issues. Funds must be expended as follows:
(a) As grants to cities, counties, tribes, special purpose
districts, and state agencies: (i) To manage excessive freshwater and
saltwater nuisance algae, with priority for the treatment of lakes in
which harmful algal blooms have occurred within the past three years;
and (ii) for freshwater and saltwater nuisance algae monitoring and
removal; and
(b) To provide technical assistance to applicants and the public
about aquatic algae control((; and)).
(c) During the 2009-2011 fiscal biennium, the legislature may
transfer from the freshwater aquatic algae control account to the state
general fund such amounts as reflect the excess fund balance of the
account
(3) ((The department shall submit a biennial report to the
appropriate legislative committees describing the actions taken to
implement this section along with suggestions on how to better fulfill
the intent of chapter 464, Laws of 2005. The first report is due
December 1, 2007.)) For the purposes of this section, "saltwater nuisance algae"
means native invasive algae (sea lettuce), nonnative invasive algae,
and algae producing harmful toxins.
(4)
Sec. 2 RCW 70.93.200 and 1998 c 257 s 8 are each amended to read
as follows:
In addition to the foregoing, the department of ecology shall:
(1) Serve as the coordinating agency between the various industry
organizations seeking to aid in the waste reduction, anti-litter, and
recycling efforts;
(2) Serve as the coordinating and administrating agency for all
state agencies and local governments receiving funds for waste
reduction, litter control, and recycling under this chapter;
(3) Recommend to the governing bodies of all local governments that
they adopt ordinances similar to the provisions of this chapter;
(4) Cooperate with all local governments to accomplish coordination
of local waste reduction, anti-litter, and recycling efforts;
(5) Encourage, organize, and coordinate all voluntary local waste
reduction, anti-litter, and recycling campaigns seeking to focus the
attention of the public on the programs of this state to reduce waste,
control and remove litter, and foster recycling;
(6) Investigate the availability of, and apply for funds available
from any private or public source to be used in the program outlined in
this chapter;
(7) Develop statewide programs by working with local governments,
payers of the waste reduction, recycling, and litter control tax, and
industry organizations that are active in waste reduction, anti-litter,
and recycling efforts to increase public awareness of and participation
in recycling and to stimulate and encourage local private recycling
centers, public participation in recycling and research and development
in the field of litter control, and recycling, removal, and disposal of
litter-related recycling materials;
(8) Conduct a ((biennial)) periodic statewide litter survey
targeted at litter composition, sources, demographics, and geographic
trends; and
(9) Provide on the department's web site a ((biennial)) summary of
all waste reduction, litter control, and recycling efforts statewide
including those of the department ((of ecology,)) and other state
agencies and local governments funded for such programs under this
chapter. ((This report is due to the legislature in March of even-numbered years.))
Sec. 3 RCW 70.93.220 and 1998 c 257 s 6 are each amended to read
as follows:
(1) The department ((of ecology)) is the coordinating and
administrative agency working with the departments of natural
resources, revenue, transportation, and corrections, and the parks and
recreation commission in developing a biennial budget request for funds
for the various agencies' litter collection programs.
(2) Funds may be used to meet the needs of efficient and effective
litter collection and illegal dumping programs identified by the
various agencies. The department shall develop criteria for evaluating
the effectiveness and efficiency of the waste reduction, litter
control, and recycling programs being administered by the various
agencies listed in RCW 70.93.180, and shall distribute funds according
to the effectiveness and efficiency of those programs. In addition,
the department shall approve funding requests for efficient and
effective waste reduction, litter control, and recycling programs,
provide funds, and monitor the results of all agency programs.
(3) All agencies are responsible for reporting information on their
litter collection programs((,)) as requested by the department ((of
ecology. Beginning in the year 2000, this information shall be
provided to the department by March of even-numbered years. In 1998,
this information shall be provided by July 1st.)).
(4) By December 1998, and in every even-numbered year thereafter,
the department shall provide a report to the legislature summarizing
biennial waste reduction, litter control, and recycling activities by
state agencies and submitting the coordinated litter budget request of
all agencies
Sec. 4 RCW 70.93.250 and 2002 c 175 s 46 are each amended to read
as follows:
(1) The department shall provide funding to local units of
government to establish, conduct, and evaluate community restitution
and other programs for waste reduction, litter and illegal dump
cleanup, and recycling. Programs eligible for funding under this
section shall include, but not be limited to, programs established
pursuant to RCW 72.09.260.
(2) Funds may be offered for costs associated with community waste
reduction, litter cleanup and prevention, and recycling activities.
The funding program must be flexible, allowing local governments to use
funds broadly to meet their needs to reduce waste, control litter and
illegal dumping, and promote recycling. Local governments are required
to contribute resources or in-kind services. The department shall
evaluate funding requests from local government according to the same
criteria as those developed in RCW 70.93.220, provide funds according
to the effectiveness and efficiency of local government litter control
programs, and monitor the results of all local government programs
under this section.
(3) Local governments shall report information as requested by the
department in funding agreements entered into by the department and a
local government. ((The department shall report to the appropriate
standing committees of the legislature by December of even-numbered
years on the effectiveness of local government waste reduction, litter,
and recycling programs funded under this section.))
Sec. 5 RCW 70.94.162 and 1998 c 245 s 129 are each amended to
read as follows:
(1) The department and delegated local air authorities are
authorized to determine, assess, and collect, and each permit program
source shall pay, annual fees sufficient to cover the direct and
indirect costs of implementing a state operating permit program
approved by the United States environmental protection agency under the
federal clean air act. However, a source that receives its operating
permit from the United States environmental protection agency shall not
be considered a permit program source so long as the environmental
protection agency continues to act as the permitting authority for that
source. Each permitting authority shall develop by rule a fee schedule
allocating among its permit program sources the costs of the operating
permit program, and may, by rule, establish a payment schedule whereby
periodic installments of the annual fee are due and payable more
frequently. All operating permit program fees collected by the
department shall be deposited in the air operating permit account. All
operating permit program fees collected by the delegated local air
authorities shall be deposited in their respective air operating permit
accounts or other accounts dedicated exclusively to support of the
operating permit program. The fees assessed under this subsection
shall first be due not less than forty-five days after the United
States environmental protection agency delegates to the department the
authority to administer the operating permit program and then annually
thereafter.
The department shall establish, by rule, procedures for
administrative appeals to the department regarding the fee assessed
pursuant to this subsection.
(2) The fee schedule developed by each permitting authority shall
fully cover and not exceed both its permit administration costs and the
permitting authority's share of statewide program development and
oversight costs.
(a) Permit administration costs are those incurred by each
permitting authority, including the department, in administering and
enforcing the operating permit program with respect to sources under
its jurisdiction. Costs associated with the following activities are
fee eligible as these activities relate to the operating permit program
and to the sources permitted by a permitting authority, including,
where applicable, sources subject to a general permit:
(i) Preapplication assistance and review of an application and
proposed compliance plan for a permit, permit revision, or renewal;
(ii) Source inspections, testing, and other data-gathering
activities necessary for the development of a permit, permit revision,
or renewal;
(iii) Acting on an application for a permit, permit revision, or
renewal, including the costs of developing an applicable requirement as
part of the processing of a permit, permit revision, or renewal,
preparing a draft permit and fact sheet, and preparing a final permit,
but excluding the costs of developing BACT, LAER, BART, or RACT
requirements for criteria and toxic air pollutants;
(iv) Notifying and soliciting, reviewing and responding to comment
from the public and contiguous states and tribes, conducting public
hearings regarding the issuance of a draft permit and other costs of
providing information to the public regarding operating permits and the
permit issuance process;
(v) Modeling necessary to establish permit limits or to determine
compliance with permit limits;
(vi) Reviewing compliance certifications and emissions reports and
conducting related compilation and reporting activities;
(vii) Conducting compliance inspections, complaint investigations,
and other activities necessary to ensure that a source is complying
with permit conditions;
(viii) Administrative enforcement activities and penalty
assessment, excluding the costs of proceedings before the pollution
control hearings board and all costs of judicial enforcement;
(ix) The share attributable to permitted sources of the development
and maintenance of emissions inventories;
(x) The share attributable to permitted sources of ambient air
quality monitoring and associated recording and reporting activities;
(xi) Training for permit administration and enforcement;
(xii) Fee determination, assessment, and collection, including the
costs of necessary administrative dispute resolution and penalty
collection;
(xiii) Required fiscal audits, periodic performance audits, and
reporting activities;
(xiv) Tracking of time, revenues and expenditures, and accounting
activities;
(xv) Administering the permit program including the costs of
clerical support, supervision, and management;
(xvi) Provision of assistance to small businesses under the
jurisdiction of the permitting authority as required under section 507
of the federal clean air act; and
(xvii) Other activities required by operating permit regulations
issued by the United States environmental protection agency under the
federal clean air act.
(b) Development and oversight costs are those incurred by the
department in developing and administering the state operating permit
program, and in overseeing the administration of the program by the
delegated local permitting authorities. Costs associated with the
following activities are fee eligible as these activities relate to the
operating permit program:
(i) Review and determinations necessary for delegation of authority
to administer and enforce a permit program to a local air authority
under RCW 70.94.161(2) and 70.94.860;
(ii) Conducting fiscal audits and periodic performance audits of
delegated local authorities, and other oversight functions required by
the operating permit program;
(iii) Administrative enforcement actions taken by the department on
behalf of a permitting authority, including those actions taken by the
department under RCW 70.94.785, but excluding the costs of proceedings
before the pollution control hearings board and all costs of judicial
enforcement;
(iv) Determination and assessment with respect to each permitting
authority of the fees covering its share of the costs of development
and oversight;
(v) Training and assistance for permit program administration and
oversight, including training and assistance regarding technical,
administrative, and data management issues;
(vi) Development of generally applicable regulations or guidance
regarding the permit program or its implementation or enforcement;
(vii) State codification of federal rules or standards for
inclusion in operating permits;
(viii) Preparation of delegation package and other activities
associated with submittal of the state permit program to the United
States environmental protection agency for approval, including ongoing
coordination activities;
(ix) General administration and coordination of the state permit
program, related support activities, and other agency indirect costs,
including necessary data management and quality assurance;
(x) Required fiscal audits and periodic performance audits of the
department, and reporting activities;
(xi) Tracking of time, revenues and expenditures, and accounting
activities;
(xii) Public education and outreach related to the operating permit
program, including the maintenance of a permit register;
(xiii) The share attributable to permitted sources of compiling and
maintaining emissions inventories;
(xiv) The share attributable to permitted sources of ambient air
quality monitoring, related technical support, and associated recording
activities;
(xv) The share attributable to permitted sources of modeling
activities;
(xvi) Provision of assistance to small business as required under
section 507 of the federal clean air act as it exists on July 25, 1993,
or its later enactment as adopted by reference by the director by rule;
(xvii) Provision of services by the department of revenue and the
office of the state attorney general and other state agencies in
support of permit program administration;
(xviii) A one-time revision to the state implementation plan to
make those administrative changes necessary to ensure coordination of
the state implementation plan and the operating permit program; and
(xix) Other activities required by operating permit regulations
issued by the United States environmental protection agency under the
federal clean air act.
(3) The responsibility for operating permit fee determination,
assessment, and collection is to be shared by the department and
delegated local air authorities as follows:
(a) Each permitting authority, including the department, acting in
its capacity as a permitting authority, shall develop a fee schedule
and mechanism for collecting fees from the permit program sources under
its jurisdiction; the fees collected by each authority shall be
sufficient to cover its costs of permit administration and its share of
the department's costs of development and oversight. Each delegated
local authority shall remit to the department its share of the
department's development and oversight costs.
(b) Only those local air authorities to whom the department has
delegated the authority to administer the program pursuant to RCW
70.94.161(2) (b) and (c) and 70.94.860 shall have the authority to
administer and collect operating permit fees. The department shall
retain the authority to administer and collect such fees with respect
to the sources within the jurisdiction of a local air authority until
the effective date of program delegation to that air authority.
(c) The department shall allocate its development and oversight
costs among all permitting authorities, including the department, in
proportion to the number of permit program sources under the
jurisdiction of each authority, except that extraordinary costs or
other costs readily attributable to a specific permitting authority may
be assessed that authority. For purposes of this subsection, all
sources covered by a single general permit shall be treated as one
source.
(4) The department and each delegated local air authority shall
adopt by rule a general permit fee schedule for sources under their
respective jurisdictions after such time as the department adopts
provisions for general permit issuance. Within ninety days of the time
that the department adopts a general permit fee schedule, the
department shall report to the relevant standing committees of the
legislature regarding the general permit fee schedules adopted by the
department and by the delegated local air authorities. The permit
administration costs of each general permit shall be allocated
equitably among only those sources subject to that general permit. The
share of development and oversight costs attributable to each general
permit shall be determined pursuant to subsection (3)(c) of this
section.
(5) The fee schedule developed by the department shall allocate
among the sources for whom the department acts as a permitting
authority, other than sources subject to a general permit, those
portions of the department's permit administration costs and the
department's share of the development and oversight costs which the
department does not plan to recover under its general permit fee
schedule or schedules as follows:
(a) The department shall allocate its permit administration costs
and its share of the development and oversight costs not recovered
through general permit fees according to a three-tiered model based
upon:
(i) The number of permit program sources under its jurisdiction;
(ii) The complexity of permit program sources under its
jurisdiction; and
(iii) The size of permit program sources under its jurisdiction, as
measured by the quantity of each regulated pollutant emitted by the
source.
(b) Each of the three tiers shall be equally weighted.
(c) The department may, in addition, allocate activities-based
costs readily attributable to a specific source to that source under
RCW 70.94.152(1) and 70.94.154(7).
The quantity of each regulated pollutant emitted by a source shall
be determined based on the annual emissions during the most recent
calendar year for which data is available.
(6) The department shall, after opportunity for public review and
comment, adopt rules that establish a process for development and
review of its operating permit program fee schedule, a methodology for
tracking program revenues and expenditures, and, for both the
department and the delegated local air authorities, a system of fiscal
audits, reports, and periodic performance audits.
(a) The fee schedule development and review process shall include
the following:
(i) The department shall conduct a biennial workload analysis. The
department shall provide the opportunity for public review of and
comment on the workload analysis. The department shall review and
update its workload analysis during each biennial budget cycle, taking
into account information gathered by tracking previous revenues, time,
and expenditures and other information obtained through fiscal audits
and performance audits.
(ii) The department shall prepare a biennial budget based upon the
resource requirements identified in the workload analysis for that
biennium. In preparing the budget, the department shall take into
account the projected operating permit account balance at the start of
the biennium. The department shall provide the opportunity for public
review of and comment on the proposed budget. The department shall
review and update its budget each biennium.
(iii) The department shall develop a fee schedule allocating the
department's permit administration costs and its share of the
development and oversight costs among the department's permit program
sources using the methodology described in subsection (5) of this
section. The department shall provide the opportunity for public
review of and comment on the allocation methodology and fee schedule.
The department shall provide procedures for administrative resolution
of disputes regarding the source data on which allocation
determinations are based; these procedures shall be designed such that
resolution occurs prior to the completion of the allocation process.
The department shall review and update its fee schedule annually.
(b) The methodology for tracking revenues and expenditures shall
include the following:
(i) The department shall develop a system for tracking revenues and
expenditures that provides the maximum practicable information. At a
minimum, revenues from fees collected under the operating permit
program shall be tracked on a source-specific basis and time and
expenditures required to administer the program shall be tracked on the
basis of source categories and functional categories. Each general
permit will be treated as a separate source category for tracking and
accounting purposes.
(ii) The department shall use the information obtained from
tracking revenues, time, and expenditures to modify the workload
analysis required in subsection (6)(a) of this section.
(iii) The information obtained from tracking revenues, time, and
expenditures shall not provide a basis for challenge to the amount of
an individual source's fee.
(c) The system of fiscal audits, reports, and periodic performance
audits shall include the following:
(i) The department and the delegated local air authorities shall
((prepare annual reports and shall submit the reports to, respectively,
the appropriate standing committees of the legislature and the board of
directors of the local air authority)) periodically report information
about the air operating permit program on the department's web site.
(ii) The department shall arrange for fiscal audits and routine
performance audits and for periodic intensive performance audits of
each permitting authority and of the department.
(7) Each local air authority requesting delegation shall, after
opportunity for public review and comment, publish regulations which
establish a process for development and review of its operating permit
program fee schedule, and a methodology for tracking its revenues and
expenditures. These regulations shall be submitted to the department
for review and approval as part of the local authority's delegation
request.
(8) As used in this section and in RCW 70.94.161(14), "regulated
pollutant" shall have the same meaning as defined in section 502(b) of
the federal clean air act as it exists on July 25, 1993, or its later
enactment as adopted by reference by the director by rule.
(9) Fee structures as authorized under this section shall remain in
effect until such time as the legislature authorizes an alternative
structure following receipt of the report required by this subsection.
Sec. 6 RCW 70.95.530 and 2009 c 261 s 5 are each amended to read
as follows:
(1) Moneys in the waste tire removal account may be appropriated to
the department of ecology:
(a) To provide for funding to state and local governments for the
removal of discarded vehicle tires from unauthorized tire dump sites;
and
(b) To accomplish the other purposes of RCW 70.95.020 as they
relate to waste tire cleanup under this chapter.
(2) In spending funds in the account under this section, the
department ((of ecology)) shall identify communities with the most
severe problems with waste tires and provide funds first to those
communities to remove accumulations of waste tires.
(3) ((On September 1st of even-numbered years,)) The department
((of ecology)) shall provide ((a report to the house [of
representatives] and senate transportation committees on the progress
being made on the cleanup of unauthorized waste tire piles in the state
and efforts underway to prevent the formation of future unauthorized
waste tire piles. The report must detail any additional unauthorized
waste tire piles discovered since the last report and present a plan to
clean up these new unauthorized waste tire piles if they have not
already done so, as well as include a listing of authorized waste tire
piles and transporters. The report must also include the status of
funds available to the program and a needs assessment of the program.
On September 1, 2010, the department shall also make recommendations to
the committees for an ongoing program to prevent the formation of
future unauthorized waste tire piles. Such a program, if required,
must include joint efforts with local governments and the tire
industry)) on its web site a summary of state and local government
efforts funded using the waste tire removal account, a list of
authorized waste tire storage sites and transporters, and tire
recycling and reuse rates in the state for each calendar year.
Sec. 7 RCW 70.95J.025 and 1997 c 398 s 1 are each amended to read
as follows:
(1) The department shall establish annual fees to collect expenses
for issuing and administering biosolids permits under this chapter. An
initial fee schedule shall be established by rule and shall be adjusted
no more often than once every two years. This fee schedule applies to
all permits, regardless of date of issuance, and fees shall be assessed
prospectively. Fees shall be established in amounts to recover
expenses incurred by the department in processing permit applications
and modifications, reviewing related plans and documents, monitoring,
evaluating, conducting inspections, overseeing performance of delegated
program elements, providing technical assistance and supporting
overhead expenses that are directly related to these activities.
(2) The annual fee paid by a permittee for any permit issued under
this chapter shall be determined by the number of residences or
residential equivalents contributing to the permittee's biosolids
management system. If residences or residential equivalents cannot be
determined or reasonably estimated, fees shall be based on other
appropriate criteria.
(3) The biosolids permit account is created in the state treasury.
All receipts from fees under this section must be deposited into the
account. Moneys in the account may be spent only after appropriation.
Expenditures from the account may be used only for the purposes of
administering permits under this chapter.
(4) The department shall ((present a biennial progress report on
the use of moneys from the biosolids permit account to the legislature.
The first report is due on or before December 31, 1998, and thereafter
on or before December 31st of odd-numbered years. The report shall
consist of)) make available on the web site information on fees
collected, actual expenses incurred, and anticipated expenses for the
current and following fiscal years.
(5) The department shall work with the regulated community and
local health departments to study the feasibility of modifying the fee
schedule to support delegated local health departments and reduce local
health department fees paid by biosolids permittees.
Sec. 8 RCW 70.120A.050 and 2008 c 32 s 2 are each amended to read
as follows:
(1) No model year 2010 or subsequent model year new passenger car,
light duty truck, or medium duty passenger vehicle may be sold in
Washington unless there is securely and conspicuously affixed in a
clearly visible location a label on which the manufacturer clearly
discloses comparative greenhouse gas emissions for that new vehicle.
(2) The label required by this section should include a greenhouse
gas index or rating system that contains quantitative and graphical
information presented in a continuous, easy-to-read scale that compares
the greenhouse gas emissions from the vehicle with the average
projected greenhouse gas emissions from all passenger cars, light duty
trucks, and medium duty passenger vehicles of the same model year. For
reference purposes, the index or rating system should also identify the
greenhouse gas emissions from the vehicle model of that same model year
that has the lowest greenhouse gas emissions.
(3) The index or rating system included in the label under
subsection (2) of this section shall be updated as necessary to ensure
that the differences in greenhouse gas emissions among vehicles are
readily apparent to the consumer.
(4) An automobile manufacturer may apply to the department of
ecology for approval of an alternative to the disclosure labeling
requirement that is at least as effective in providing notification and
disclosure of the vehicle's greenhouse gas emissions as is the labeling
required by this section.
(5) A label that complies with the requirements of the California
greenhouse gas vehicle labeling program shall be deemed to meet the
requirements of this section and any rules adopted under this section.
(6) The department of ecology may adopt such rules as are necessary
to implement this section.
(((7) The department of ecology shall provide a status report to
the appropriate committees of the legislature on or before December 1,
2008, (a) outlining its approach and progress toward implementing a
greenhouse gas vehicle emissions disclosure labeling program for
Washington, (b) providing an update on the status of California's
greenhouse gas vehicle labeling program, and (c) making recommendations
as necessary for legislation to meet the intent and purpose of chapter
32, Laws of 2008 by the 2010 model year.))
Sec. 9 RCW 90.42.130 and 2003 c 144 s 5 are each amended to read
as follows:
(1) The department shall seek input from agricultural
organizations, federal agencies, tribal governments, local governments,
watershed groups, conservation groups, and developers on water banking,
including water banking procedures and identification of areas in
Washington state where water banking could assist in providing water
supplies for instream and out-of-stream uses. ((The department shall
summarize any comments received on water banking and submit a report,
including any recommendations, to the appropriate committees of the
legislature for their consideration in the subsequent legislative
session.))
(2) ((By December 31st of every even-numbered year,)) The
department shall ((submit a report to the appropriate committees of the
legislature on water banking activities authorized under RCW 90.42.100.
The report shall:)) maintain information on its web
site regarding water banking, including information on water banks and
related programs in various areas of the state.
(a) Evaluate the effectiveness of water banking in meeting the
policies and objectives of this chapter;
(b) Describe any statutory, regulatory, or other impediments to
water banking in other areas of the state; and
(c) Identify other basins or regions that may benefit from
authorization for the department to use the trust water [rights]
program for water banking purposes
Sec. 10 RCW 90.44.052 and 2003 c 307 s 2 are each amended to read
as follows:
(1) On a pilot project basis, the use of water for domestic use in
clustered residential developments is exempt as described in subsection
(2) of this section from the permit requirements of RCW 90.44.050 in
Whitman county. The department must review the use of water under this
section and its impact on water resources in the county and ((report to
the legislature by December 31st of each even-numbered year through
2016 regarding its review)) maintain information regarding the pilot
project on its web site.
(2) For the pilot project, the domestic use of water for a
clustered residential development is exempt from the permit
requirements of RCW 90.44.050 for an amount of water that is not more
than one thousand two hundred gallons a day per residence for a
residential development that has an overall density equal to or less
than one residence per ten acres and a minimum of six homes.
(3) No new right to use water may be established for a clustered
development under this section where the first residential use of water
for the development begins after December 31, 2015.
Sec. 11 RCW 90.48.545 and 2009 c 449 s 2 are each amended to read
as follows:
(1) As funding to do so becomes available, the department shall
create a storm water technical resource center in partnership with a
university, nonprofit organization, or other public or private entity
to provide tools for storm water management. The center shall use its
authority to support the duties listed in this subsection through
research, development, technology demonstration, technology transfer,
education, outreach, recognition, and training programs. The center
may:
(a) Review and evaluate emerging storm water technologies;
(b) Research and develop innovative and cost-effective technical
solutions to remove pollutants from runoff and to reduce or eliminate
storm water discharges;
(c) Conduct pilot projects to test technical solutions;
(d) Serve as a clearinghouse and outreach center for information on
storm water technology;
(e) Assist in the development of storm water control methods to
better protect water quality, including source control, product
substitution, pollution prevention, and storm water treatment;
(f) Coordinate with federal, state, and local agencies and private
organizations in administering programs related to storm water control
measures; and
(g) Collaborate with existing storm water outreach programs.
(2) The department shall consult with an advisory committee in the
development of the storm water technical resource center. The advisory
committee must include representatives from relevant state agencies,
local governments, the business community, the environmental community,
tribes, and the building and development industry.
(3) The department, in consultation with the storm water technical
resource center advisory committee, shall identify a funding strategy
for funding the storm water technical resource center.
(4) The department shall encourage all interested parties to help
and support the technical resource center with in-kind services.
(5) The department and other partners in the center shall ((prepare
and submit a biennial progress report to the legislature)) in even-numbered years inform the appropriate legislative committees of the
progress made in achieving the objectives of this section.
Sec. 12 RCW 90.80.150 and 2001 c 237 s 21 are each amended to
read as follows:
The department shall ((report biennially by December 31st of each
even-numbered year to the appropriate committees of the legislature
on)) maintain information on its web site concerning the boards formed
or sought to be formed under the authority of this chapter, the
transfer applications reviewed and other activities conducted by the
boards, and the funding of such boards. Conservancy boards must
provide information regarding their activities to the department to
assist the department in ((preparing the report)) updating this
information at least biennially in even-numbered years.
Sec. 13 RCW 90.82.043 and 2007 c 445 s 6 are each amended to read
as follows:
(1) Within one year of accepting funding under RCW 90.82.040(2)(e),
the planning unit must complete a detailed implementation plan.
Submittal of a detailed implementation plan to the department is a
condition of receiving grants for the second and all subsequent years
of the phase four grant.
(2) Each implementation plan must contain strategies to provide
sufficient water for: (a) Production agriculture; (b) commercial,
industrial, and residential use; and (c) instream flows. Each
implementation plan must contain timelines to achieve these strategies
and interim milestones to measure progress.
(3) The implementation plan must clearly define coordination and
oversight responsibilities; any needed interlocal agreements, rules, or
ordinances; any needed state or local administrative approvals and
permits that must be secured; and specific funding mechanisms.
(4) In developing the implementation plan, the planning unit must
consult with other entities planning in the watershed management area
and identify and seek to eliminate any activities or policies that are
duplicative or inconsistent.
(((5)(a) By December 1, 2003, and by December 1st of each
subsequent year, the director of the department shall report to the
appropriate legislative standing committees regarding statutory changes
necessary to enable state agency approval or permit decision making
needed to implement a plan approved under this chapter.))
(b) Beginning with the December 1, 2007, report, and then every two
years thereafter, the director shall include in each report the extent
to which reclaimed water has been identified in the watershed plans as
potential sources or strategies to meet future water needs, and
provisions in any watershed implementation plans that discuss barriers
to implementation of the water reuse elements of those plans. The
department's report shall include an estimate of the potential cost of
reclaimed water facilities and identification of potential sources of
funding for them.
NEW SECTION. Sec. 14 The following acts or parts of acts are
each repealed:
(1) RCW 70.95.545 (Tire recycling--Report) and 2002 c 299 s 9;
(2) RCW 70.120A.040 (Reports) and 2005 c 295 s 9; and
(3) RCW 90.80.901 (Reports to the legislature) and 2001 c 237 s 32.