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90.58.170
Shorelines hearings board—Established—Members—Chair—Quorum for decision—Expenses of members.
A shorelines hearings board sitting as a quasi-judicial body is hereby established within the environmental and land use hearings office under *RCW 43.21B.005 . The shorelines hearings board shall be made up of six members: Three members shall be members of the pollution control hearings board; two members, one appoint...
90.58.175
Rules and regulations.
The shorelines hearings board may adopt rules and regulations governing the administrative practice and procedure in and before the board. [ 1973 1st ex.s. c 203 s 3 .]
90.58.180
Review of granting, denying, or rescinding permits by shorelines hearings board—Board to act—Local government appeals to board—Grounds for declaring rule, regulation, or guideline invalid—Appeals to court—Consolidated appeals.
(1)(a) Any person aggrieved by the granting, denying, or rescinding of a permit on shorelines of the state pursuant to RCW 90.58.140 may seek review from the shorelines hearings board by filing a petition for review within 21 days of the date of filing of the decision as defined in RCW 90.58.140 (6). (b) Within seven d...
90.58.185
Appeals involving single-family residences, involving penalties of fifteen thousand dollars or less, or other designated cases—Composition of board—Rules to expedite appeals.
(1) In the case of an appeal involving a single-family residence or appurtenance to a single-family residence, including a dock or pier designed to serve a single-family residence, appeals involving a penalty of fifteen thousand dollars or less, or other cases designated by the chair of the hearings board, the request...
90.58.190
Appeal of department's decision to adopt or amend a master program.
(1) The appeal of the department's decision to adopt a master program or amendment pursuant to RCW 90.58.070 (2) or 90.58.090 (5) is governed by RCW 34.05.510 through 34.05.598 . (2)(a) The department's final decision to approve or reject a proposed master program or master program amendment by a local government plann...
90.58.195
Shoreline master plan review—Local governments with coastal waters or coastal shorelines.
(1) The department of ecology, in cooperation with other state agencies and coastal local governments, shall prepare and adopt ocean use guidelines and policies to be used in reviewing, and where appropriate, amending, shoreline master programs of local governments with coastal waters or coastal shorelines within their...
90.58.200
Rules and regulations.
The department and local governments are authorized to adopt such rules as are necessary and appropriate to carry out the provisions of this chapter. [ 1971 ex.s. c 286 s 20 .]
90.58.210
Court actions to ensure against conflicting uses and to enforce—Civil penalty—Review.
(1) Except as provided in RCW 43.05.060 through 43.05.080 and 43.05.150 , the attorney general or the attorney for the local government shall bring such injunctive, declaratory, or other actions as are necessary to ensure that no uses are made of the shorelines of the state in conflict with the provisions and programs ...
90.58.220
General penalty.
In addition to incurring civil liability under RCW 90.58.210 , any person found to have wilfully engaged in activities on the shorelines of the state in violation of the provisions of this chapter or any of the master programs, rules, or regulations adopted pursuant thereto shall be guilty of a gross misdemeanor, and s...
90.58.230
Violators liable for damages resulting from violation—Attorney's fees and costs.
Any person subject to the regulatory program of this chapter who violates any provision of this chapter or permit issued pursuant thereto shall be liable for all damage to public or private property arising from such violation, including the cost of restoring the affected area to its condition prior to violation. The a...
90.58.240
Additional authority granted department and local governments.
In addition to any other powers granted hereunder, the department and local governments may: (1) Acquire lands and easements within shorelines of the state by purchase, lease, or gift, either alone or in concert with other governmental entities, when necessary to achieve implementation of master programs adopted hereun...
90.58.250
Intent—Department to cooperate with local governments—Grants for development of master programs.
(1) The legislature intends to eliminate the limits on state funding of shoreline master program development and amendment costs. The legislature further intends that the state will provide funding to local governments that is reasonable and adequate to accomplish the costs of developing and amending shoreline master p...
90.58.260
State to represent its interest before federal agencies, interstate agencies and courts.
The state, through the department of ecology and the attorney general, shall represent its interest before water resource regulation management, development, and use agencies of the United States, including among others, the federal power commission, environmental protection agency, corps of engineers, department of th...
90.58.270
Nonapplication to certain structures, docks, developments, etc., placed in navigable waters—Nonapplication to certain rights of action, authority—Floating homes and floating on-water residences must be classified as a conforming preferred use.
(1) Nothing in this section shall constitute authority for requiring or ordering the removal of any structures, improvements, docks, fills, or developments placed in navigable waters prior to December 4, 1969, and the consent and authorization of the state of Washington to the impairment of public rights of navigation,...
90.58.280
Application to all state agencies, counties, public and municipal corporations.
The provisions of this chapter shall be applicable to all agencies of state government, counties, and public and municipal corporations and to all shorelines of the state owned or administered by them. [ 1971 ex.s. c 286 s 28 .]
90.58.290
Restrictions as affecting fair market value of property.
The restrictions imposed by this chapter shall be considered by the county assessor in establishing the fair market value of the property. [ 1971 ex.s. c 286 s 29 .]
90.58.300
Department as regulating state agency—Special authority.
The department of ecology is designated the state agency responsible for the program of regulation of the shorelines of the state, including coastal shorelines and the shorelines of the inner tidal waters of the state, and is authorized to cooperate with the federal government and sister states and to receive benefits ...
90.58.310
Designation of shorelines of statewide significance by legislature—Recommendation by director, procedure.
Additional shorelines of the state shall be designated shorelines of statewide significance only by affirmative action of the legislature. The director of the department may, however, from time to time, recommend to the legislature areas of the shorelines of the state which have statewide significance relating to speci...
90.58.320
Height limitation respecting permits.
No permit shall be issued pursuant to this chapter for any new or expanded building or structure of more than thirty-five feet above average grade level on shorelines of the state that will obstruct the view of a substantial number of residences on areas adjoining such shorelines except where a master program does not ...
90.58.340
Use policies for land adjacent to shorelines, development of.
All state agencies, counties, and public and municipal corporations shall review administrative and management policies, regulations, plans, and ordinances relative to lands under their respective jurisdictions adjacent to the shorelines of the state so as the [to] achieve a use policy on said land consistent with the ...
90.58.350
Nonapplication to treaty rights.
Nothing in this chapter shall affect any rights established by treaty to which the United States is a party. [ 1971 ex.s. c 286 s 35 .]
90.58.355
Persons, projects, and activities not required to obtain certain permits, variances, letters of exemption, or other local review.
Requirements to obtain a substantial development permit, conditional use permit, variance, letter of exemption, or other review conducted by a local government to implement this chapter do not apply to: (1) Any person conducting a remedial action at a facility pursuant to a consent decree, order, or agreed order issued...
90.58.356
Projects and activities not required to obtain certain permits, variances, letters of exemption, or other local review.
(1) For purposes of this section, the following definitions apply: (a) "Maintenance" means the preservation of the transportation facility or transit facility, including surface, shoulders, roadsides, structures including, but not limited to, bridges and buried structures, ditches and all stormwater treatment and conve...
90.58.357
Maintenance activities performed by certain entities that do not require a substantial development permit, conditional use permit, variance, letter of exemption, or other review conducted by a local government—Notification.
(1) The following maintenance activities undertaken by the department of fish and wildlife, a federally recognized Indian tribe, a public utility district, or a municipal utility, necessary to maintain the operation of fish hatcheries, including water intakes and discharges, fish ladders, water and power conveyances, w...
90.58.360
Existing requirements for permits, certificates, etc., not obviated.
Nothing in this chapter shall obviate any requirement to obtain any permit, certificate, license, or approval from any state agency or local government. [ 1971 ex.s. c 286 s 36 .]
90.58.370
Processing of permits or authorizations for emergency water withdrawal and facilities to be expedited.
All state and local agencies with authority under this chapter to issue permits or other authorizations in connection with emergency water withdrawals and facilities authorized under RCW 43.83B.410 shall expedite the processing of such permits or authorizations in keeping with the emergency nature of such requests and ...
90.58.380
Adoption of wetland manual.
The department by rule shall adopt a manual for the delineation of wetlands under this chapter that implements and is consistent with the 1987 manual in use on January 1, 1995, by the United States army corps of engineers and the United States environmental protection agency. If the corps of engineers and the environme...
90.58.515
Watershed restoration projects—Exemption.
Watershed restoration projects as defined in RCW 89.08.460 are exempt from the requirement to obtain a substantial development permit. Local government shall review the projects for consistency with the locally adopted shoreline master program in an expeditious manner and shall issue its decision along with any conditi...
90.58.550
Oil or natural gas exploration in marine waters—Definitions—Application for permit—Requirements—Review—Enforcement.
(1) Within this section the following definitions apply: (a) "Exploration activity" means reconnaissance or survey work related to gathering information about geologic features and formations underlying or adjacent to marine waters; (b) "Marine waters" include the waters of Puget Sound north to the Canadian border, the...
90.58.560
Oil or natural gas exploration—Violations of RCW90.58.550—Penalty—Appeal.
(1) Except as provided in RCW 43.05.060 through 43.05.080 and 43.05.150 , a person who violates RCW 90.58.550 , or any rule adopted thereunder, is subject to a penalty in an amount of up to five thousand dollars a day for every such violation. Each and every such violation shall be a separate and distinct offense, and ...
90.58.570
Consultation before responding to federal coastal zone management certificates.
The department of ecology shall consult with affected state agencies, local governments, Indian tribes, and the public prior to responding to federal coastal zone management consistency certifications for uses and activities occurring on the federal outer continental shelf. [ 1989 1st ex.s. c 2 s 15 .]
90.58.580
Shoreline restoration projects—Relief from shoreline master program development standards and use regulations.
(1) The local government may grant relief from shoreline master program development standards and use regulations within urban growth areas when the following apply: (a) A shoreline restoration project causes or would cause a landward shift in the ordinary high water mark, resulting in the following: (i)(A) Land that h...
90.58.590
Local governments authorized to adopt moratoria—Requirements—Public hearing.
(1) Local governments may adopt moratoria or other interim official controls as necessary and appropriate to implement this chapter. (2)(a) A local government adopting a moratorium or control under this section must: (i) Hold a public hearing on the moratorium or control; (ii) Adopt detailed findings of fact that inclu...
90.58.600
Conformance with chapter43.97RCW required.
With respect to the National Scenic Area, as defined in the Columbia [River] Gorge National Scenic Area Act, P.L. 99-663, the exercise of any power or authority by a local government or the department of ecology pursuant to this chapter shall be subject to and in conformity with the requirements of chapter 43.97 RCW, i...
90.58.610
Relationship between shoreline master programs and development regulations under growth management act governed by RCW36.70A.480.
RCW 36.70A.480 governs the relationship between shoreline master programs and development regulations to protect critical areas that are adopted under chapter 36.70A RCW. [ 2010 c 107 s 4 .] Intent — Retroactive application — Effective date — 2010 c 107: See notes following RCW 36.70A.480 .
90.58.620
New or amended master programs—Authorized provisions.
(1) New or amended master programs approved by the department on or after September 1, 2011, may include provisions authorizing: (a) Residential structures and appurtenant structures that were legally established and are used for a conforming use, but that do not meet standards for the following to be considered a conf...
90.58.630
Shoreline master programs—Impact of sea level rise and storm severity.
The department shall update its shoreline master program guidelines to require shoreline master programs to address the impact of sea level rise and increased storm severity on people, property, and shoreline natural resources and the environment. [ 2023 c 228 s 11 .]
90.58.900
Liberal construction—1971 ex.s. c 286.
This chapter is exempted from the rule of strict construction, and it shall be liberally construed to give full effect to the objectives and purposes for which it was enacted. [ 1971 ex.s. c 286 s 37 .]
90.58.920
Effective date—1971 ex.s. c 286.
This chapter is necessary for the immediate preservation of the public peace, health and safety, the support of the state government, and its existing institutions. This 1971 act shall take effect on June 1, 1971. The director of ecology is authorized to immediately take such steps as are necessary to insure that this ...
90.64.005
Findings.
The legislature finds that there is a need to establish a clear and understandable process that provides for the proper and effective management of dairy nutrients that affect the quality of surface or ground waters in the state of Washington. The legislature finds that there is a need for a program that will provide a...
90.64.010
Definitions.
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "*Advisory and oversight committee" means a balanced committee of agency, dairy farm, and interest group representatives convened to provide oversight and direction to the dairy nutrient management program....
90.64.017
Registration of dairy producers—Information required—Information to producers regarding chapter.
(1) Every dairy producer licensed under chapter 15.36 RCW shall register with the department by September 1, 1998, and shall reregister with the department by September 1st of every even-numbered year. Every dairy producer licensed after September 1, 1998, shall register with the department within sixty days of licensi...
90.64.020
Concentrated dairy animal feeding operation—Designation—Permit.
(1) The director of the department of ecology may designate any dairy animal feeding operation as a concentrated dairy animal feeding operation upon determining that it is a significant contributor of pollution to the surface or ground waters of the state. In making this designation the director shall consider the foll...
90.64.023
Inspection program.
(1) By October 1, 1998, the department shall initiate an inspection program of all dairy farms in the state. The purpose of the inspections is to: (a) Survey for evidence of violations; (b) Identify corrective actions for actual or imminent discharges that violate or could violate the state's water quality standards; (...
90.64.026
Dairy nutrient management plans—Elements—Approval—Timelines—Certification.
(1) Except for those producers who already have a certified dairy nutrient management plan as required under the terms and conditions of an individual or general national pollutant discharge elimination system permit, all dairy producers licensed under chapter 15.36 RCW, regardless of size, shall prepare a dairy nutrie...
90.64.028
Appeals from denial of plan approval or certification—Dairy producer-requested hearings—Extension of timelines.
(1) Conservation district decisions pertaining to denial of approval or denial of certification of a dairy nutrient management plan; modification or amendment of a plan; conditions contained in a plan; application of any dairy nutrient management practices, standards, methods, and technologies to a particular dairy far...
90.64.030
Investigation of dairy farms—Report of findings—Corrective action—Violations of water quality laws—Waivers—Penalties.
(1) Under the inspection program established in RCW 90.64.023 , the department may investigate a dairy farm to determine whether the operation is discharging pollutants or has a record of discharging pollutants into surface or ground waters of the state. Upon concluding an investigation, the department shall make a wri...
90.64.040
Appeal from actions and orders of the department.
Enforcement actions and administrative orders issued by the department of ecology may be appealed to the pollution control hearings board in accordance with the provisions of chapter 43.21B RCW. [ 1993 c 221 s 5 .]
90.64.050
Duties of department—Annual report to commission.
(1) The department has the following duties: (a) Identify existing or potential water quality problems resulting from dairy farms through implementation of the inspection program in RCW 90.64.023 ; (b) Inspect a dairy farm upon the request of a dairy producer; (c) Receive, process, and verify complaints concerning disc...
90.64.070
Duties of conservation district.
(1) The conservation district has the following duties: (a) Provide technical assistance to the department in identifying and correcting existing water quality problems resulting from dairy farms through implementation of the inspection program in RCW 90.64.023 ; (b) Immediately refer complaints received from the publi...
90.64.080
Duties of conservation commission.
(1) The conservation commission has the following duties: (a) Provide assistance as may be appropriate to the conservation districts in the discharge of their responsibilities as management agencies in dairy nutrient management program implementation; (b) Provide coordination for conservation district programs at the s...
90.64.100
Parties' liability.
A party acting under this chapter is not liable for another party's actions under this chapter. [ 1993 c 221 s 11 .]
90.64.102
Recordkeeping violations—Civil penalty.
(1) Except as provided in chapter 43.05 RCW, the department of agriculture may impose a civil penalty on a dairy producer in an amount of not more than five thousand dollars for failure to comply with recordkeeping requirements in RCW 90.64.010 (17)(c). The aggregate amount of the civil penalties issued under this sect...
90.64.110
Rules.
The department may adopt rules as necessary to implement this chapter. [ 1993 c 221 s 12 .]
90.64.120
Department's authority under federal law or chapter90.48RCW not affected.
(1) Nothing in this chapter shall affect the department of ecology's authority or responsibility to administer or enforce the national pollutant discharge elimination system permits for operators of concentrated dairy animal feeding operations, where required by federal regulations or to administer the provisions of ch...
90.64.130
Database.
(1) By October 1, 1998, the department, in consultation with the *advisory and oversight committee, shall develop and maintain a database to account for the implementation of this chapter. (2) The database shall track registrations; inspection dates and results, including findings of violations; regulatory and enforcem...
90.64.150
Livestock nutrient management account.
The livestock nutrient management account is created in the custody of the state treasurer. All receipts from monetary penalties levied pursuant to violations of this chapter must be deposited into the account. Expenditures from the account may be used only to provide grants for research or education proposals that ass...
90.64.170
Livestock nutrient management program—Review of statutory authority—Recommendations for statutory changes—Prerequisite to administering federal program.
(1) The legislature finds that a livestock nutrient management program is essential to protecting the quality of the waters of the state and ensuring a healthy and productive livestock industry. (2) The departments of agriculture and ecology shall examine their current statutory authorities and provide the legislature ...
90.64.180
Protocol for monitoring waters near dairies and CAFOs.
(1) The department of ecology shall develop and maintain a standard protocol for water quality monitoring of the waters of the state within the vicinity of dairies and CAFOs. The protocol shall include sampling methods and procedures and identify the water quality constituents to be monitored. (2) The department of eco...
90.64.190
Information subject to public records disclosure—Rules.
This section applies to dairies, AFOs, and CAFOs, not required to apply for a permit. Information in plans, records, and reports obtained by state and local agencies from livestock producers under chapter 510, Laws of 2005 regarding (1) number of animals; (2) volume of livestock nutrients generated; (3) number of acres...
90.64.200
Inspecting and investigating conditions relating to the pollution of waters of the state—Access denied—Application for search warrant.
The director of agriculture may enter at all reasonable times in or upon dairy farms for the purpose of inspecting and investigating conditions relating to the pollution of any waters of the state. If the director of agriculture or the director's duly appointed agent is denied access to a dairy farm, he or she may appl...
90.64.800
Reports to the legislature.
The department, in conjunction with the conservation commission and *advisory and oversight committee, shall report to the legislature by December 1st of each year until 2003, on progress made in implementing chapter 262, Laws of 1998. At a minimum, the reports shall include data on inspections, the status of dairy nut...
90.64.900
Effective date—1998 c 262.
This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 1, 1998]. [ 1998 c 262 s 22 .]
90.64.901
Transfer of powers, duties, and functions to the department of agriculture.
(1) All powers, duties, and functions of the department of ecology pertaining to chapter 90.64 RCW are transferred to the department of agriculture. All references to the director of ecology or the department of ecology in the Revised Code of Washington shall be construed to mean the director of agriculture or the depa...
90.66.010
Short title.
This chapter shall be known and may be cited as the "Family Farm Water Act". [ 1979 c 3 s 1 (Initiative Measure No. 59, approved November 8, 1977).]
90.66.020
Prior existing rights to withdraw and use public waters not affected.
Nothing in this chapter shall affect any right to withdraw and use public waters if such rights were in effect prior to *the effective date of the act, and nothing herein shall modify the priority of any such existing right. [ 1979 c 3 s 2 (Initiative Measure No. 59, approved November 8, 1977).] *Reviser's note: "The e...
90.66.030
Public policy enunciated—Maximum benefit from use of public waters—Irrigation.
The people of the state of Washington recognize that it is in the public interest to conserve and use wisely the public surface and ground waters of the state in a manner that will assure the maximum benefit to the greatest possible number of its citizens. The maximum benefit to the greatest number of citizens through ...
90.66.040
Definitions.
For the purposes of this chapter, the following definitions shall be applicable: (1) "Family farm" means a geographic area including not more than six thousand acres of irrigated agricultural lands, whether contiguous or noncontiguous, the controlling interest in which is held by a person having a controlling interest ...
90.66.050
Classes of permits for withdrawal of public waters for irrigation purposes—Conditions—Requirements.
After *the effective date of this act, all permits issued for the withdrawal of public waters for the purpose of irrigating agricultural lands shall be classified as follows and issued with the conditions set forth in this chapter: (1) "Family farm permits". Such permits shall limit the use of water withdrawn for irrig...
90.66.060
Withdrawal of water under family farm permit—Conditioned upon complying with definition of family farm—Suspension of permit, procedures, time.
(1) Except as provided in subsections (2) and (3) of this section, the right to withdraw water for use for the irrigation of agricultural lands under authority of a family farm permit shall have no time limit and shall be conditioned upon the land being irrigated complying with the definition of a family farm as define...
90.66.065
Transfers or change in purpose of family farm permits.
(1) Transfers of water rights established as family farm permits under this chapter may be approved as authorized under this section and under RCW 90.03.380 , 90.03.390 , or 90.44.100 or chapter 90.80 RCW as appropriate. (2) A family farm permit may be transferred: (a) For use for agricultural irrigation purposes as li...
90.66.070
Transfer of property entitled to water under permit—Rights—Requirements.
(1) At any time that the holder of a family farm development permit or a publicly owned land permit shall transfer the controlling interest of all or any portion of the land entitled to water under such permit to a person who can qualify to receive water for irrigation of such land under a family farm permit, the depar...
90.66.080
Rules and regulations—Decisions, review.
The department is hereby empowered to promulgate such rules as may be necessary to carry out the provisions of this chapter. Decisions of the department, other than rule making, shall be subject to review in accordance with chapter 43.21B RCW. [ 1979 c 3 s 8 (Initiative Measure No. 59, approved November 8, 1977).] Poll...
90.66.900
Liberal construction—Initiative Measure No. 59.
This chapter is exempted from the rule of strict construction and it shall be liberally construed to give full effect to the objectives and purposes for which it was enacted. [ 1979 c 3 s 9 (Initiative Measure No. 59, approved November 8, 1977).]
90.71.010
Definitions.
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...
90.71.060
Puget Sound assessment and monitoring program.
In addition to other powers and duties specified in this chapter, the panel, with the approval of the council, shall guide the implementation and coordination of a Puget Sound assessment and monitoring program. [ 2007 c 341 s 22 ; 1996 c 138 s 7 .]
90.71.110
Puget Sound scientific research account.
The Puget Sound scientific research account is created in the state treasury. All gifts, grants, federal moneys, or appropriations made to the account 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 research programs and...
90.71.200
Findings—Intent.
(1) The legislature finds that: (a) Puget Sound, including Hood Canal, and the waters that flow to it are a national treasure and a unique resource. Residents enjoy a way of life centered around these waters that depends upon clean and healthy marine and freshwater resources. (b) Puget Sound is in serious decline, and ...
90.71.210
Puget Sound partnership—Created.
An agency of state government, to be known as the Puget Sound partnership, is created to oversee the restoration of the environmental health of Puget Sound by 2020. The agency shall consist of a leadership council, an executive director, an ecosystem coordination board, and a Puget Sound science panel. [ 2007 c 341 s 3...
90.71.220
Leadership council—Membership.
(1) The partnership shall be led by a leadership council composed of seven members appointed by the governor, with the advice and consent of the senate. The governor shall appoint members who are publicly respected and influential, are interested in the environmental and economic prosperity of Puget Sound, and have dem...
90.71.230
Leadership council—Powers and duties.
(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 st...
90.71.240
Executive director—Appointment—Authority.
(1) The partnership shall be administered by an executive director who serves as a communication link between all levels of government, the private sector, tribes, nongovernmental organizations, the council, the board, and the panel. The executive director shall be accountable to the council and the governor for effect...
90.71.250
Ecosystem coordination board—Membership—Duties.
(1) The council shall convene the ecosystem coordination board not later than October 1, 2007. (2) The board shall consist of the following: (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...
90.71.260
Development of the action agenda—Integration of watershed programs and ecosystem-level plans.
(1) The partnership shall develop 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...
90.71.270
Science panel—Creation—Membership.
(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 W...
90.71.280
Science panel—Duties.
(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 an ecosystem level strategic science program that: (i) Addresses moni...
90.71.290
Science panel—Strategic science program—Puget Sound science update—Quadrennial science work plan.
(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 ...
90.71.300
Action agenda—Goals and objectives.
(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 Pu...
90.71.310
Action agenda—Development—Elements revision and updates.
(1) The council shall develop 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 a...
90.71.320
Action agenda—Biennial budget requests.
(1) State agencies responsible for implementing elements of the action agenda shall: (a) Provide to the partnership by June 1st of each even-numbered year their estimates of the actions and the budget resources needed for the forthcoming biennium to implement their portion of the action agenda; and (b) Work with the pa...
90.71.330
Funding from partnership—Accountability.
(1) Any funding made available directly to the partnership from the Puget Sound recovery account created in RCW 90.71.400 and used by the partnership for loans, grants, or funding transfers to other entities shall be prioritized according to the action agenda developed pursuant to RCW 90.71.310 . (2) The partnership sh...
90.71.340
Fiscal accountability—Fiscal incentives and disincentives for implementation of the action agenda.
(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...
90.71.350
Accountability for achieving and implementing action agenda—Noncompliance.
(1) The council is accountable for achieving the action agenda. The legislature intends that all governmental entities within Puget Sound will exercise their existing authorities to implement the applicable provisions of the action agenda. (2) The partnership shall involve the public and implementing entities to develo...
90.71.360
Limitations on authority.
(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 not create a legally enforceable duty to review or approve permits, or to a...
90.71.370
Report to the governor and legislature—State of the Sound report—Review of programs.
(1) By December 1, 2008, and by September 1st of each even-numbered year beginning in 2010, the council must 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. T...
90.71.380
Assessment of basin-wide restoration progress.
By December 1, 2010, and subject to available funding, the Washington academy of sciences shall conduct an assessment of basin-wide restoration progress. The assessment shall include, but not be limited to, a determination of the extent to which implementation of the action agenda is making progress toward the action a...
90.71.390
Performance audits of the partnership.
(1) The joint legislative audit and review committee shall conduct two performance audits of the partnership, with the first audit to be completed by December 1, 2011, and the second to be completed by December 1, 2016. (2) The audit shall include but not be limited to: (a) A determination of the extent to which funds ...
90.71.400
Puget Sound recovery account.
The Puget Sound recovery account is created in the state treasury. To the account shall be deposited such funds as the legislature directs or appropriates to the account. Federal grants, gifts, or other financial assistance received by the Puget Sound partnership and other state agencies from nonstate sources for the s...
90.71.410
Lake Whatcom phosphorus loading demonstration program.
(1) The partnership shall assist the city of Bellingham and Whatcom county to implement a demonstration program regarding phosphorus loading into Lake Whatcom. The partnership shall assist the city and county to secure funding from federal and nongovernmental sources and work to secure funding commitments from the city...
90.71.420
Report to the legislature.
Nothing in this chapter may be construed to relieve the partnership of the need to provide a written report to the legislature each biennium pursuant to RCW 90.71.370 (3), which must also include references to ongoing science-related activities and monitoring efforts that inform the findings of the report. [ 2017 c 54 ...