HOUSE BILL REPORT

ESHB 2482

BYHouse Committee on Environmental Affairs (originally sponsored by Representatives G. Fisher, Miller, Rust, Holland, Wineberry and May; by request of Governor Gardner)

Restructuring the Puget Sound Water Quality Authority.

House Committe on Environmental Affairs

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (9)

      Signed by Representatives Rust, Chair; Valle, Vice Chair; Brekke, G. Fisher, Fraser, Phillips, Pruitt, Sprenkle and Walker.

Minority Report:  Without recommendation.  (2)

      Signed by Representatives D. Sommers, Ranking Republican Member; and Schoon.

House Staff:Rick Anderson (786-7114)

AS PASSED HOUSE FEBRUARY 13, 1990

BACKGROUND:

The Puget Sound Water Quality Authority (Authority) was created in 1985 following the submission of a report identifying a lack of coordination among agencies as a major obstacle to restoring and maintaining the quality of Puget Sound waters.

The Authority is composed of seven citizen members, appointed by the governor and subject to Senate confirmation.  The director of the Department of Ecology and the commissioner of Public Lands are non-voting members.  The chair of the Authority, appointed by the governor from among the members, also serves as a full-time director of the Authority's staff.

The principal responsibilities of the Authority are:  (1) adoption by 1987 of a comprehensive water quality management plan for Puget Sound; (2) preparation of a biennial "State of the Sound" report; (3) review of the budgets and regulatory activities of state agencies with Puget Sound water quality responsibilities; (4) review of the progress in implementing the comprehensive plan by state and local agencies; and (5) review of and participation in major actions of state and local agencies which affect the plan's implementation.

Under existing law, the Authority and all laws relating to its responsibilities expire on June 30, 1991.

In the fall of 1989, the Legislative Budget Committee and a governor-created advisory group conducted independent reviews of the Authority to determine if the Authority should continue, and if so, in what form.  The findings and recommendations of the Legislative Budget Committee and the governor's advisory group are very similar.  Both entities find that the Authority is fulfilling its statutory mandate and that the Authority should be continued, given some structural and operational changes.

SUMMARY:

SUBSTITUTE BILL:  The number of voting members on the Authority is increased to 11 from seven.  The governor is to appoint two new members.  The director of the Department of Ecology and the commissioner of Public Lands, previously non-voting members, become voting members.  The director of Ecology becomes the chair of the Authority.

The governor must appoint an executive director to the Authority. The executive director is to handle the staffing and administrative functions previously held by the chair.  The executive director may not be a member of the Authority.  The executive director and staff of the Authority remain an independent agency and are to be relocated to Olympia as space becomes available.  At such time, the Department of General Administration must house the Authority's staff with the Department of Ecology.

The Authority must submit progress reports on plan implementation and revisions to the governor and legislature on an annual, rather than quarterly, basis.  The Authority must review its plan every four years instead of every two years.  The Authority's plan must include a strategy for implementing the plan.

State agencies and local governments must implement the plan if funds are appropriated or available.  The governor's budget document must identify all direct expenditures to implement the plan.

Prior to adopting rules to implement an element of the plan, agencies must consider specified factors.

A public non-profit corporation to be known as the Puget Sound Foundation is created.  The foundation will be a state entity authorized to collect private money for the purpose of funding Puget Sound related education and research.  The foundation will host an annual meeting focusing on issues relating to implementing the Authority's plan.

The Authority is required to implement an ambient monitoring program by developing baselines, examining differences among Puget Sound areas, and other specified activities.  An interagency coordinating committee may be formed to implement the program; state agencies with monitoring responsibilities must participate in the program.

Before adoption of the plan or a plan revision, the Authority is required to publish a summary in the State Register and allow public comment.  If a substantial modification is made to the proposal, the Authority must publish the modification and reopen public comment.

The termination date of the Authority is extended to June 30, 1995.  The Authority will undergo a formal sunset review prior to that time.

Fiscal Note:      Requested January 29, 1990.

House Committee ‑ Testified For:    (ORIGINAL BILL)  Fred Hellberg, Office of the Governor; Barney Goltz, Governor's Advisory Group on the Puget Sound Water Quality Authority; Jon Brock, Governor's Advisory Group on the Puget Sound Water Quality Authority; Kathleen Collins, Association of Washington Cities; Tim Douglas, Coalition for Clean Water; Joe Daniels, Washington State Association of Wastewater Districts; Judy Merchant, Department of Fisheries; Collins Sprague, Association of Washington Business and Vivian Matthews, Citizens to Save Puget Sound.

House Committee - Testified Against:      (ORIGINAL BILL)  Mike Thorp, Puget Sound Water Quality Authority; Bruce Wishart, Sierra Club; Lisa Jones, Puget Sound Alliance, Randy Scott, Washington State Association of Counties; and Henry Yates, City of Seattle.

House Committee - Testimony For:    (ORIGINAL BILL)  The Authority's sunset date should be removed as there is still a need for planning and oversight by the Authority.  Implementation of the plan will be enhanced if the Authority's staff is under the jurisdiction of the Department of Ecology.  Lengthening the planning cycle, requiring ambient monitoring, and creating an entity to accept private funds will help the Authority perform its planning and oversight functions.

House Committee - Testimony Against:      (ORIGINAL BILL)  The Authority must retain its independence if it is to perform its planning and oversight functions.