People For Puget Sound 2003 State Legislative Update

Bruce Wishart (bwishart@pugetsound.org) is director of the South Sound office of People For Puget Sound and is also responsible for legislative relations.

The 2003 Washington legislative session has come to a close. People For Puget Sound successfully advanced our agenda on a number of fronts this year, including the establishment of dedicated funding for an oil spill prevention rescue tug at Neah Bay.

We also worked successfully to advance our positions on key issues such as shoreline protection and water quality matters including stormwater pollution. Thanks to all of you who participated by attending lobby day or otherwise contacting legislators during session. Your involvement helped turn the tide.

S-Clean Water and Pollution Prevention

Stormwater, or urban runoff, is the most significant source of pollution entering Puget Sound. Rapid urban development over the past two decade along the I-5 corridor has resulted in the paving over of natural areas that traditionally absorbed rain and snowmelt. As rainfall runs off parking lots, roads and other hardened features, it carries with it large amounts of oil, grease, pesticides and other toxins.

HB 1689: Municipal Stormwater. In its original form, this bill would have made it impossible for the Department of Ecology (DOE) to rise above federal minimum standards. These federal standards were designed as a “floor,” that is to say not a “ceiling,” for state regulation in this area. In addition, the federal standards are so vague that they are virtually meaningless.

We successfully amended the bill to create an advisory committee process to assist the department in writing a municipal stormwater permit. Despite the fact the bill failed, DOE has pledged to move forward on an advisory committee process similar to the one outlined in the bill. We view this as a significant victory.

HB 2088: Stormwater Fees Position. In its original form, this bill placed a lid on local stormwater fees, which we opposed, and created a discount for those who utilize rainwater collection devices (such as cisterns) to reduce stormwater impacts, a provision we supported. We successfully amended the bill to eliminate the fee cap in committee.

Local governments have expressed concerns that the way this bill is drafted, some ratepayers might get large reductions in their fees without having made significant reductions in stormwater pollution. We share these concerns.

HB 1002: Reduction of Mercury in the Environment. For more than a century, mercury has been discharged into Puget Sound and other waters of the state. Since mercury does not degrade, it settles in the bottom sediments of Puget Sound and bioaccumulates in benthic animals. These creatures are, in turn, preyed upon by other animals farther up the food chain.

As persistent, bioaccumulating toxins move up the food chain, there is a magnifying effect, and those at the top of the food chain such as human populations can develop large concentrations, which cause severe health problems.

This bill takes an important first step in preventing mercury from entering the environment. The bill calls for phase-outs of a select number of non-essential products containing mercury such as thermometers and thermostats for which there are acceptable alternatives.

SB 5889: Management of Livestock Waste. This bill would establish a process to transfer the state dairy waste management program out of Department of Ecology into the Department of Agriculture. Given that Department of Agriculture has no experience monitoring and enforcing water quality laws, we think this is a poor idea.

This year, despite our having achieved an historic settlement agreement with business and farm interests on the subject, debate continues over how to fund local shoreline program updates. In addition, a number of development groups are waging war over the state Hydraulic Permit Authority (HPA], the Department of Fish and Wildlife’s sole regulatory authority to protect fish habitat.

HB 1418: Hydraulic Permit Authority and Tide Gates. Much of Puget Sound farmland was once salt marsh and estuarine habitat. These areas were “reclaimed” and farmland was created through installation of a system of dikes. This bill focuses on the ability of the Department of Fish and Wildlife to regulate repair of “tide gates” on the dikes.

Tide gates allow for irrigation drainage water to pass through dikes, without allowing saltwater intrusion at high tide. In recent years, when tide gates have fallen in disrepair, the department has allowed some of these lands to be flooded. Farmers, particularly in the Skagit Valley, have understandably been angered by this decision.

The bill strictly limits the ability of the department to regulate in this area, but, at the same time, calls for development of a plan to restore salmon habitat on public lands currently diked.

SB 6012: Implementation of Shoreline Guidelines. After many years of debate, including a year of settlement negotiations, environmental groups and business leaders have reached an agreement on how to implement new state Shoreline Guidelines. The guidelines will set new standards for shoreline development, which will better protect critical habitat. Once the guidelines have been adopted, local governments will be required to update local shoreline programs to meet the new standards. This bill calls for a phase-in of the requirements over a period of several years.

HB 1933: SMA / GMA Relationship. This bill, triggered by a recent favorable decision of the Growth Management Hearings Board decision on the Everett Shorelines Master Program update, would have, in its original form, rewritten the Shoreline Management Act creating both a preference for development and for local decisions rather than state oversight under the SMA.

These concerns were addressed by amendments to the bill, which integrates Critical Area Ordinance authority into local shoreline master programs. Concerns remain as to how this new approach will be implemented.

Rapid declines in a number of marine species such as orca whales, salmon and marine fish, have made it abundantly clear that we need to redouble our efforts to protect marine waters and the ecosystem they support. Prevention and cleanup of oil spills, renewed efforts to protect orca whales, and other related topics are the subject of debate in Olympia this year.

SB 6072: Dedicated Funding for Rescue Tug. After roughly 10 years of debate, this bill creates a dedicated funding source to insure that an oil spill prevention “rescue tug” will remain stationed at Neah Bay. This bill represents a major step forward for the state in terms of prevention of a catastrophic oil spill in Washington waters.

The rescue tug has received piecemeal funding from both the federal government and the state over the past five years, enabling the tug to make 22 rescues or assists of vessels that might otherwise have spilled oil in to Puget Sound or the Outer Coast.

SB 5938: Financial Responsibility for Oil Spills. These bills insure that both vessels entering state waters as well as facilities that are used to transfer fuel and oil on and off vessels have adequate insurance or other mechanisms to pay for cleanup of an oil spill should it occur.

HB 1250: Aquatic Lease Rates. This bill would create a new lease rate formula for marinas, but, does not place limitations on the ability of the Department of Natural Resources to adjust the rate.

HB 1246: Gift of Private Lands. These bills will allow for the state to receive gifts of private lands, which will greatly enhance the ability of the state to conduct restoration projects along Puget Sound.

Under the guise of “economic stimulus” and “regulatory reform,” a number of bills have been introduced in the Legislature this year that would undermine important state environmental safeguards. The environmental community supports measures that will streamline regulatory processes provided that they do not undermine protection of our air, water and other natural resources.

We supported HB 1010 in 1995, legislation last session creating a new Permit Assistance Center, and are currently engaged in the Transportation Permit Efficiency and Accountability Committee (TPEAC) discussion on streamlining permit processes.

Unfortunately, the bills listed below create new opportunities for litigation and conflict, and will result in the elimination of environmental safeguards. We believe that a healthy economy is dependent on a healthy environment.

HB 5279: TPEAC Reauthorization. The Transportation Permit Efficiency and Accountability Committee has been a forum in which business, environmental and other interests have conducted a discussion over how to streamline permitting for transportation without undermining environmental protection. While we support reauthorization, this bill, in its current form, contains language that, we believe, could lead the discussion in the wrong direction.

HB 1530: Creating New Eastern WA Appeals Forum. This bill would allow those businesses to appeal agency rules to Yakima Superior Court. Currently, all such appeals go to Thurston County Superior Court. We think this approach will politicize these proceedings and lead to “venue shopping.” Thurston County judges also have tremendous expertise in administrative law and are likely to produce better opinions as a result.

SB 5776: Streamlining Administrative Appeals. This bill streamlines the administrative appeals process for certain rural economic development projects. We were able to work with the sponsor to amend the bill to address many of our concerns. Nonetheless, several procedural changes including consolidation of multiple hearings boards cause us concern. §