Environment & Water

AWC Priority
Clean Up and Protection of the Puget Sound (2ESSB 5372)

On Wednesday, March 28, a blended Puget Sound Clean-Up bill (2ESSB 5372) was revealed and passed from the House Select Committee on Puget Sound. Prime sponsors of both the House and Senate versions blended their respective bills in to this bill which, overall, is strongly supported by AWC.

Key among our concerns about the current bill is what legal responsibilities cities, counties and ports have to implement a new Action Agenda for Puget Sound restoration once adopted by a newly formed Puget Sound Partnership Leadership Council (Council). As the bill now stands, the Action Agenda is developed over the next two years. The Action Agenda evolves from scientific analysis and input, as well as ideas and proposals for restoration projects and plans from local watershed activities. The Action Agenda identifies and prioritizes funds needed to implement the plan and in all likelihood, will offer suggestions on land use, shorelines management, stormwater and other infrastructure investments needing attention.

The Action Agenda has no direct regulatory impact absent future legislative action (which is always possible) or voluntary compliance by local governments within the 12 counties abutting the Puget Sound. It does contain provisions that reward compliance in the form of giving preference to applications for various grant and loan sources when projects conform to the Action Agenda or funding priorities.

There is language in the bill that states local governments are expected to use their authorities to implement the Action Agenda, which is an evolving document through at least the year 2020. How and in what ways conformance and consistent actions will take place is not clear, at least until a first Action Agenda is developed. If, for instance, the Action Agenda states that growth and development in a certain area is not good for the Sound, this may conflict with other statutes saying growth should occur in that area. There is a process laid out that provides for discussions among entities not deemed as conforming with the Council’s Agenda and if a stalemate occurs, bill language (Sec. 17(3)) says "the council may recommend to the governor that the entity be ineligible for state financial assistance until the substantial noncompliance is remedied." AWC is not currently aware of any such blanket authority being granted to a non-regulatory agency. While the language does not require the Governor to withhold funds (the scope of which are not defined), we are questioning proponents of this language about what it means.

The bill is poised for action before the House Appropriations Committee and is likely to soon move to the House floor for action. Once passed, Senate concurrence is likely.

For more information, please contact Dave Williams, davew@awcnet.org.

AWC Priority
Residential Yard Waste Burning in Small Cities (SSB 6081)

This priority bill was heard before and passed from the House Select Committee on Environmental Health on Thursday, March 29 at 1:30 pm. The 5-4 vote and comments from committee members indicate there is work still to be done in order to move the bill forward in the House.

As the bill passed the Senate and House Committees, it provides the opportunity for 54 cities with a population of fewer than 2500 in certain GMA-planning counties to reinstate yard waste burning following a public hearing. Such burning would be allowed to continue through June of 2008. During the upcoming months before the 2008 legislative session, a working group formed by the Department of Ecology would evaluate alternatives to burning and interests would report back to the Legislature.

Mayors Wayne Hovde of Soap Lake and Kathy Bohnet of Wilson Creek were kind enough to come a long distance to testify in support of the bill – many thanks! A number of county commissioners also spoke in favor of the bill. AWC greatly appreciates the efforts-to-date of a number of supporters of this bill. Sen. Linda Parlette (R-Wenatchee) has been an articulate and forceful advocate.

The Department of Ecology management has been supportive of moving this forward. The bill squeaked out of committee with the support of Rep. Alex Wood (D-Spokane), one of the few Democrats from Eastern Washington. Finally, we appreciate that Committee Chair Tom Campbell (R-Roy) and Vice Chair Zack Hudgins (D-Tukwila) recognized the importance of moving this bill forward. We look forward to working with them to address their questions or concerns in advance of consideration by the full House.

Cities interested in this bill are encouraged to contact your House members to seek their support for moving it from the Rules Committee to the floor calendar. For more information, please contact Tim Gugerty, timg@awcnet.org.

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