reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.64 - Dairy Nutrient Management. › 90.64.170 - Livestock nutrient management program—Review of statutory authority—Recommendations for statutory changes—Prerequisite to administering federal program.

RCW 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 with recommendations for statutory changes to fully implement a livestock nutrient management program within the department of agriculture for concentrated animal feeding operations, animal feeding operations, and dairies, as authorized in RCW 90.48.260, * 90.64.813, and 90.64.901. In developing recommended statutory changes, the departments shall consult with the livestock nutrient management program development and oversight committee created in *RCW 90.64.813. The recommendations must be submitted to the legislature by the departments of agriculture and ecology prior to applying to the environmental protection agency for delegated authority to administer the CAFO portion of the national pollutant discharge elimination system permit program under the federal clean water act.
(3) For purposes of chapter 510, Laws of 2005, animal feeding operations (AFOs) and concentrated animal feeding operations (CAFOs) have the same meaning as defined in 40 C.F.R. 122.23.
(4) This section applies to all operations that meet the definition of an AFO. This section does not apply to true pasture and rangeland operations that do not meet the definition of AFO, however, such operations may have confinement areas that may qualify as an AFO.
[ 2005 c 510 § 1.]
NOTES:
*Reviser's note: RCW 90.64.813 expired June 30, 2006.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.64 - Dairy Nutrient Management. › 90.64.180 - Protocol for monitoring waters near dairies and CAFOs.

RCW 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 ecology shall submit the initial protocol developed according to this section to the appropriate committees of the legislature by December 1, 2005.
[ 2005 c 510 § 3.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.64 - Dairy Nutrient Management. › 90.64.190 - Information subject to public records disclosure—Rules.

RCW 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 covered by the plan or used for land application of livestock nutrients; (4) livestock nutrients transferred to other persons; and (5) crop yields shall be disclosable in response to a request for public records under chapter 42.56 RCW only in ranges that provide meaningful information to the public while ensuring confidentiality of business information. The department of agriculture shall adopt rules to implement this section in consultation with affected state and local agencies.
[ 2006 c 209 § 14; 2005 c 510 § 4.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.64 - Dairy Nutrient Management. › 90.64.200 - Inspecting and investigating conditions relating to the pollution of waters of the state—Access denied—Application for search warrant.

RCW 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 apply to a court of competent jurisdiction for a search warrant authorizing access to the property and facilities at a reasonable time for purposes of conducting tests and inspections, taking samples, and examining records. To show that access is denied, the director of agriculture shall file with the court an affidavit or declarations containing a description of his or her attempts to notify and locate the owner or the owner's agent and to secure consent. Upon application, the court may issue a search warrant for the purposes requested.
[ 2009 c 143 § 1.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.64 - Dairy Nutrient Management. › 90.64.800 - Reports to the legislature.

RCW 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 nutrient planning, compliance with water quality standards, and enforcement actions. The report shall also provide recommendations on how implementation of chapter 262, Laws of 1998 could be facilitated for dairy producers and generally improved.
The conservation commission shall include in the report to the legislature filed December 1, 1999, an evaluation of whether the fiscal resources available to the commission, to conservation districts, and to Washington State University dairy nutrient management experts are adequate to fund the technical assistance teams established under **RCW 90.64.140 and to develop and certify plans as required by the schedule established in RCW 90.64.026. If the funding is insufficient, the report shall include an estimate of the amount of funding necessary to accomplish the schedule contained in RCW 90.64.026.
[ 1998 c 262 § 17.]
NOTES:
Reviser's note: *(1) The dairy nutrient management program advisory and oversight committee was created in section 8, chapter 262, Laws of 1998, which was vetoed.
**(2) RCW 90.64.140 was repealed by 2009 c 143 § 3.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.64 - Dairy Nutrient Management. › 90.64.900 - Effective date—1998 c 262.

RCW 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 § 22.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.66 - Family Farm Water Act. › 90.66.010 - Short title.

RCW 90.66.010
Short title.
This chapter shall be known and may be cited as the "Family Farm Water Act".
[ 1979 c 3 § 1 (Initiative Measure No. 59, approved November 8, 1977).]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.66 - Family Farm Water Act. › 90.66.020 - Prior existing rights to withdraw and use public waters not affected.

RCW 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 § 2 (Initiative Measure No. 59, approved November 8, 1977).]
NOTES:
*Reviser's note: "The effective date of the act" [1979 c 3 (Initiative Measure No. 59)], consisting of RCW 90.66.010 through 90.66.080, 90.66.900, and 90.66.910, is "thirty days after the election at which it is approved" as mandated by Article II, section 1(d) of the Washington Constitution. Initiative Measure No. 59 was approved by the voters at the election November 8, 1977, and was so certified by the governor on December 8, 1977.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.66 - Family Farm Water Act. › 90.66.030 - Public policy enunciated—Maximum benefit from use of public waters—Irrigation.

RCW 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 the use of water for the irrigation of agricultural lands will result from providing for the use of such water on family farms. To assure that future permits issued for the use of public waters for irrigation of agricultural lands will be made on the basis of deriving such maximum benefits, in addition to any other requirements in the law, all permits for the withdrawal of public waters for the purpose of irrigating agricultural lands after *the effective date of this act shall be issued in accord with the provisions of this chapter.
[ 1979 c 3 § 3 (Initiative Measure No. 59, approved November 8, 1977).]
NOTES:
*Reviser's note: "the effective date of this act," see note following RCW 90.66.020.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.66 - Family Farm Water Act. › 90.66.040 - Definitions.

RCW 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 in no more than six thousand acres of irrigated agricultural lands in the state of Washington which are irrigated under rights acquired after December 8, 1977.
(2) "Person" means any individual, corporation, partnership, limited partnership, organization, or other entity whatsoever, whether public or private. The term "person" shall include as one person all corporate or partnership entities with a common ownership of more than one-half of the assets of each of any number of such entities.
(3) "Controlling interest" means a property interest that can be transferred to another person, the percentage interest so transferred being sufficient to effect a change in control of the landlord's rights and benefits. Ownership of property held in trust shall not be deemed a controlling interest where no part of the trust has been established through expenditure or assignment of assets of the beneficiary of the trust and where the rights of the family farm permit which is a part of the trust cannot be transferred to another by the beneficiary of the trust under terms of the trust. Each trust of a separate donor origin shall be treated as a separate entity and the administration of property under trust shall not represent a controlling interest on the part of the trust officer.
(4) "Department" means the department of ecology of the state of Washington.
(5) "Application", "permit" and "public waters" shall have the meanings attributed to these terms in chapters 90.03 and 90.44 RCW.
(6) "Public water entity" means any public or governmental entity with authority to administer and operate a system to supply water for irrigation of agricultural lands.
(7) "Transfer" means a transfer, change, or amendment to part or all of a water right authorized under RCW 90.03.380, 90.03.390, or 90.44.100 or chapter 90.80 RCW.
(8) "Withdraw" means to withdraw groundwater or to divert surface water.
[ 2001 c 237 § 24; 1979 c 3 § 4 (Initiative Measure No. 59, approved November 8, 1977).]
NOTES:
Finding—Intent—Severability—Effective date—2001 c 237: See notes following RCW 90.82.040.
Intent—2001 c 237: See note following RCW 90.66.065.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.66 - Family Farm Water Act. › 90.66.050 - Classes of permits for withdrawal of public waters for irrigation purposes—Conditions—Requirements.

RCW 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 irrigation of agricultural lands to land qualifying as a family farm.
(2) "Family farm development permits". Such permits may be issued to persons without any limit on the number of acres to be irrigated during a specified period of time permitted for the development of such land into family farms and the transfer of the controlling interest of such irrigated lands to persons qualifying for family farm permits. The initial period of time allowed for development and transfer of such lands to family farm status shall not exceed ten years. Such time limit may be extended by the department for not to exceed an additional ten years upon a showing to the department that an additional period of time is needed for orderly development and transfer of controlling interests to persons who can qualify for family farm permits.
(3) "Publicly owned land permits". Such permits shall be issued only to governmental entities permitting the irrigation of publicly owned lands.
(4) "Public water entity permits". Such permits may be issued to public water entities under provisions requiring such public water entity, with respect to delivery of water for use in the irrigation of agricultural lands, to make water deliveries under the same provisions as would apply if separate permits were issued for persons eligible for family farm permits, permits to develop family farms, or for the irrigation of publicly owned land: PROVIDED, HOWEVER, That such provisions shall not apply with respect to water deliveries on federally authorized reclamation projects if such federally authorized projects provide for acreage limitations in water delivery contracts.
[ 1979 c 3 § 5 (Initiative Measure No. 59, approved November 8, 1977).]
NOTES:
*Reviser's note: "the effective date of this act," see note following RCW 90.66.020.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.66 - Family Farm Water Act. › 90.66.060 - Withdrawal of water under family farm permit—Conditioned upon complying with definition of family farm—Suspension of permit, procedures, time.

RCW 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 defined at the time the permit is issued.
(2) If the acquisition by any person of land and water rights by gift, devise, bequest, or by way of bona fide satisfaction of a debt, would otherwise cause land being irrigated pursuant to a family farm permit to lose its status as a family farm, such acquisition shall be deemed to have no effect upon the status of family farm water permits pertaining to land held or acquired by the person acquiring such land and water rights if all lands held or acquired are again in compliance with the definition of a family farm within five years from the date of such acquisition.
(3) For family farm permits under this chapter, if the department determines that water is being withdrawn for use on land not in conformity with the definition of a family farm, the department shall notify the holder of such family farm permit by personal service of such fact and the permit shall be suspended two years from the date of receipt of notice unless the person having a controlling interest in said land satisfies the department that such land is again in conformity with the definition of a family farm. The department may, upon a showing of good cause and reasonable effort to attain compliance on the part of the person having the controlling interest in such land, extend the two year period prior to suspension. If conformity is not achieved prior to five years from the date of notice the rights of withdrawal shall be canceled.
[ 2001 c 237 § 25; 1979 c 3 § 6 (Initiative Measure No. 59, approved November 8, 1977).]
NOTES:
Finding—Intent—Severability—Effective date—2001 c 237: See notes following RCW 90.82.040.
Intent—2001 c 237: See note following RCW 90.66.065.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.66 - Family Farm Water Act. › 90.66.070 - Transfer of property entitled to water under permit—Rights—Requirements.

RCW 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 department shall, upon request, issue a family farm permit to such person under the same conditions as would have been applicable if such request had been made at the time of the granting of the original family farm development permit. If the permit under which water is available is held by a public water entity prior to the transfer of the controlling interest to a person who qualifies for a family farm permit, such entity shall continue delivery of water to such land without any restriction on the length of time of delivery not applicable generally to all its water customers.
(2) The issuance of a family farm permit secured through the acquisition of land and water rights from the holder of a family farm development permit, or from the holder of a publicly owned land permit, where water delivery prior to the transfer is from a public water entity, may be conditioned upon the holder of the family farm permit issued continuing to receive water through the facilities of the public water entity.
[ 1979 c 3 § 7 (Initiative Measure No. 59, approved November 8, 1977).]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.66 - Family Farm Water Act. › 90.66.080 - Rules and regulations—Decisions, review.

RCW 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 § 8 (Initiative Measure No. 59, approved November 8, 1977).]
NOTES:
Pollution control hearings board of the state: Chapter 43.21B RCW.
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.66 - Family Farm Water Act. › 90.66.900 - Liberal construction—Initiative Measure No. 59.

RCW 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 § 9 (Initiative Measure No. 59, approved November 8, 1977).]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.71 - Puget Sound Water Quality Protection. › 90.71.010 - Definitions.

RCW 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 90.71.310.
(2) "Action area" means the geographic areas delineated as provided in RCW 90.71.260.
(3) "Benchmarks" means measurable interim milestones or achievements established to demonstrate progress towards a goal, objective, or outcome.
(4) "Board" means the ecosystem coordination board.
(5) "Council" means the leadership council.
(6) "Environmental indicator" means a physical, biological, or chemical measurement, statistic, or value that provides a proximate gauge, or evidence of, the state or condition of Puget Sound.
(7) "Implementation strategies" means the strategies incorporated on a quadrennial basis in the action agenda developed under RCW 90.71.310.
(8) "Nearshore" means the area beginning at the crest of coastal bluffs and extending seaward through the marine photics zone, and to the head of tide in coastal rivers and streams. "Nearshore" also means both shoreline and estuaries.
(9) "Panel" means the Puget Sound science panel.
(10) "Partnership" means the Puget Sound partnership.
(11) "Puget Sound" means Puget Sound and related inland marine waters, including all salt waters of the state of Washington inside the international boundary line between Washington and British Columbia, and lying east of the junction of the Pacific Ocean and the Strait of Juan de Fuca, and the rivers and streams draining to Puget Sound as mapped by water resource inventory areas 1 through 19 in WAC 173-500-040 as it exists on July 1, 2007.
(12) "Puget Sound partner" means an entity that has been recognized by the partnership, as provided in RCW 90.71.340, as having consistently achieved outstanding progress in implementing the 2020 action agenda.
(13) "Watershed groups" means all groups sponsoring or administering watershed programs, including but not limited to local governments, private sector entities, watershed planning units, watershed councils, shellfish protection areas, regional fishery enhancement groups, marine resources committees including those working with the Northwest straits commission, nearshore groups, and watershed lead entities.
(14) "Watershed programs" means and includes all watershed-level plans, programs, projects, and activities that relate to or may contribute to the protection or restoration of Puget Sound waters. Such programs include jurisdiction-wide programs regardless of whether more than one watershed is addressed.
[ 2017 c 54 § 1; 2007 c 341 § 2; 1996 c 138 § 2.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.71 - Puget Sound Water Quality Protection. › 90.71.060 - Puget Sound assessment and monitoring program.

RCW 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 § 22; 1996 c 138 § 7.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.71 - Puget Sound Water Quality Protection. › 90.71.110 - Puget Sound scientific research account.

RCW 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 projects selected pursuant to the process developed and overseen by the Puget Sound science panel as provided in RCW 90.71.280(1)(c).
[ 2009 c 99 § 1; 2007 c 345 § 3.]
NOTES:
Findings—2007 c 345: "Although research about conditions in Puget Sound have been studied during the past several decades, the legislature finds that there is no coordinated, focused, comprehensive Puget Sound science program capable of setting research priorities for Puget Sound science. The legislature finds that environmental problems in Puget Sound are complex and that research is needed to provide information that can guide protective and restorative actions, and to explore and understand the impacts of a changing environment. The legislature also finds that there is no predictable funding process for Puget Sound research projects, including the aquatic rehabilitation zone one. The legislature declares that the state needs a process to focus the scientific effort on the Puget Sound ecosystem and to distribute research funds." [ 2007 c 345 § 1.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.71 - Puget Sound Water Quality Protection. › 90.71.200 - Findings—Intent.

RCW 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 Hood Canal is in a serious crisis. This decline is indicated by loss of and damage to critical habit, rapid decline in species populations, increases in aquatic nuisance species, numerous toxics contaminated sites, urbanization and attendant stormwater drainage, closure of beaches to shellfish harvest due to disease risks, low-dissolved oxygen levels causing death of marine life, and other phenomena. If left unchecked, these conditions will worsen.
(c) Puget Sound must be restored and protected in a more coherent and effective manner. The current system is highly fragmented. Immediate and concerted action is necessary by all levels of government working with the public, nongovernmental organizations, and the private sector to ensure a thriving natural system that exists in harmony with a vibrant economy.
(d) Leadership, accountability, government transparency, thoughtful and responsible spending of public funds, and public involvement will be integral to the success of efforts to restore and protect Puget Sound.
(2) The legislature therefore creates a new Puget Sound partnership to coordinate and lead the effort to restore and protect Puget Sound, and intends that all governmental entities, including federal and state agencies, tribes, cities, counties, ports, and special purpose districts, support and help implement the partnership's restoration efforts. The legislature further intends that the partnership will:
(a) Define a strategic action agenda prioritizing necessary actions, both basin-wide and within specific areas, and creating an approach that addresses all of the complex connections among the land, water, web of species, and human needs. The action agenda will be based on science and include clear, measurable goals for the recovery of Puget Sound by 2020;
(b) Determine accountability for performance, oversee the efficiency and effectiveness of money spent, educate and engage the public, and track and report results to the legislature, the governor, and the public;
(c) 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.
(3) It is the goal of the state that the health of Puget Sound be restored by 2020.
[ 2007 c 341 § 1.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.71 - Puget Sound Water Quality Protection. › 90.71.210 - Puget Sound partnership—Created.

RCW 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 § 3.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.71 - Puget Sound Water Quality Protection. › 90.71.220 - Leadership council—Membership.

RCW 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 demonstrated leadership qualities. The governor shall designate one of the seven members to serve as chair and a vice chair shall be selected annually by the membership of the council.
(2) The initial members shall be appointed as follows:
(a) Three of the initial members shall be appointed for a term of two years;
(b) Two of the initial members shall be appointed for a term of three years; and
(c) Two of the initial members shall be appointed for a term of four years.
(3) The initial members' successors shall be appointed for terms of four years each, except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the member whom he or she succeeds.
(4) Members of the council are eligible for reappointment.
(5) Any member of the council may be removed by the governor for cause.
(6) Members whose terms expire shall continue to serve until reappointed or replaced by a new member.
(7) A majority of the council constitutes a quorum for the transaction of business.
(8) Council decisions and actions require majority vote approval of all councilmembers.
[ 2007 c 341 § 4.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.71 - Puget Sound Water Quality Protection. › 90.71.230 - Leadership council—Powers and duties.

RCW 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 strategic priorities and benchmarks, adopting and applying accountability measures, and making appointments to the board and panel;
(b) Adopt rules, in accordance with chapter 34.05 RCW;
(c) Create subcommittees and advisory committees as appropriate to assist the council;
(d) Enter into, amend, and terminate contracts with individuals, corporations, or research institutions to effectuate the purposes of this chapter;
(e) Make grants to governmental and nongovernmental entities to effectuate the purposes of this chapter;
(f) Receive such gifts, grants, and endowments, in trust or otherwise, for the use and benefit of the partnership to effectuate the purposes of this chapter;
(g) Promote extensive public awareness, education, and participation in Puget Sound protection and recovery;
(h) Work collaboratively with the Hood Canal coordinating council established in chapter 90.88 RCW on Hood Canal-specific issues;
(i) Maintain complete and consolidated financial information to ensure that all funds received and expended to implement the action agenda have been accounted for; and
(j) Such other powers and duties as are necessary and appropriate to carry out the provisions of this chapter.
(2) The council may delegate functions to the chair and to the executive director, however the council may not delegate its decisional authority regarding developing or amending the action agenda.
(3) The council shall work closely with existing organizations and all levels of government to ensure that the action agenda and its implementation are scientifically sound, efficient, and achieve necessary results to accomplish recovery of Puget Sound to health by 2020.
(4) The council shall support, engage, and foster collaboration among watershed groups to assist in the recovery of Puget Sound.
(5) When working with federally recognized Indian tribes to develop and implement the action agenda, the council shall conform to the procedures and standards required in a government-to-governmental relationship with tribes under the 1989 Centennial Accord between the state of Washington and the sovereign tribal governments in the state of Washington.
(6) Members of the council shall be compensated in accordance with RCW 43.03.220 and be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.
[ 2007 c 341 § 5.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.71 - Puget Sound Water Quality Protection. › 90.71.240 - Executive director—Appointment—Authority.

RCW 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 effective communication, actions, and results.
(2) The executive director shall be appointed by and serve at the pleasure of the governor, in consultation with the council. The governor shall consider the recommendations of the council when appointing the executive director.
(3) The executive director shall have complete charge of and supervisory powers over the partnership, subject to the guidance from the council.
(4) The executive director shall employ a staff, who shall be state employees under Title 41 RCW.
(5) Upon approval of the council, the executive director may take action to create a private nonprofit entity, which may take the form of a nonprofit corporation, to assist the partnership in restoring Puget Sound by:
(a) Raising money and other resources through charitable giving, donations, and other appropriate mechanisms;
(b) Engaging and educating the public regarding Puget Sound's health, including efforts and opportunities to restore Puget Sound ecosystems; and
(c) Performing other similar activities as directed by the partnership.
[ 2007 c 341 § 6.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.71 - Puget Sound Water Quality Protection. › 90.71.280 - Science panel—Duties.

RCW 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 monitoring, modeling, data management, and research; and
(ii) Identifies science gaps and recommends research priorities;
(c) Develop and provide oversight of a competitive peer-reviewed process for soliciting, strategically prioritizing, and funding research and modeling projects;
(d) Develop and implement an appropriate process for peer review of monitoring, research, and modeling conducted as part of the strategic science program;
(e) Provide input to the executive director in developing quadrennial implementation strategies; and
(f) Offer an ecosystem-wide perspective on the science work being conducted in Puget Sound and by the partnership.
(2) The panel should collaborate with other scientific groups and consult other scientists in conducting its work. To the maximum extent possible, the panel should seek to integrate the state-sponsored Puget Sound science program with the Puget Sound science activities of federal agencies, including working toward an integrated research agenda and Puget Sound science work plan.
(3) By July 31, 2008, the panel shall identify environmental indicators measuring the health of Puget Sound, and recommend environmental benchmarks that need to be achieved to meet the goals of the action agenda. The council shall confer with the panel on incorporating the indicators and benchmarks into the action agenda.
[ 2017 c 54 § 2; 2009 c 99 § 2; 2007 c 341 § 10.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.71 - Puget Sound Water Quality Protection. › 90.71.300 - Action agenda—Goals and objectives.

RCW 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 Puget Sound that is not threatened by changes in the ecosystem;
(b) A quality of human life that is sustained by a functioning Puget Sound ecosystem;
(c) Healthy and sustaining populations of native species in Puget Sound, including a robust food web;
(d) A healthy Puget Sound where freshwater, estuary, nearshore, marine, and upland habitats are protected, restored, and sustained;
(e) An ecosystem that is supported by groundwater levels as well as river and streamflow levels sufficient to sustain people, fish, and wildlife, and the natural functions of the environment;
(f) Fresh and marine waters and sediments of a sufficient quality so that the waters in the region are safe for drinking, swimming, shellfish harvest and consumption, and other human uses and enjoyment, and are not harmful to the native marine mammals, fish, birds, and shellfish of the region.
(2) The action agenda shall be developed and implemented to achieve the following objectives:
(a) Protect existing habitat and prevent further losses;
(b) Restore habitat functions and values;
(c) Significantly reduce toxics entering Puget Sound fresh and marine waters;
(d) Significantly reduce nutrients and pathogens entering Puget Sound fresh and marine waters;
(e) Improve water quality and habitat by managing stormwater runoff;
(f) Provide water for people, fish and wildlife, and the environment;
(g) Protect ecosystem biodiversity and recover imperiled species; and
(h) Build and sustain the capacity for action.
[ 2007 c 341 § 12.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.71 - Puget Sound Water Quality Protection. › 90.71.320 - Action agenda—Biennial budget requests.

RCW 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 partnership in the development of biennial budget requests to achieve consistency with the action agenda to be submitted to the governor for consideration in the governor's biennial budget request. The agencies shall seek the concurrence of the partnership in the proposed funding levels and sources included in this proposed budget.
(2) If a state agency submits an amount different from that developed in subsection (1)(a) of this section as part of its biennial budget request, the partnership and state agency shall jointly identify the differences and the reasons for these differences and present this information to the office of financial management by October 1st of each even-numbered year.
[ 2007 c 341 § 14.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.71 - Puget Sound Water Quality Protection. › 90.71.330 - Funding from partnership—Accountability.

RCW 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 shall condition, with interagency agreements, any grants or funding transfers to other entities from the Puget Sound recovery account to ensure accountability in the expenditure of the funds and to ensure that the funds are used by the recipient entity in the manner determined by the partnership to be the most consistent with the priorities of the action agenda. Any conditions placed on federal funding under this section shall incorporate and be consistent with requirements under signed agreements between the entity and the federal government.
(3) If the partnership finds that the provided funding was not used as instructed in the interagency agreement, the partnership may suspend or further condition future funding to the recipient entity.
(4) The partnership shall require any entity that receives funds for implementing the action agenda to publicly disclose and account for expenditure of those funds.
[ 2007 c 341 § 15.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.71 - Puget Sound Water Quality Protection. › 90.71.340 - Fiscal accountability—Fiscal incentives and disincentives for implementation of the action agenda.

RCW 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 of the action agenda; and
(c) Using state grant and loan programs to encourage consistency with the action agenda.
(2) The council shall adopt measures to ensure that funds appropriated for implementation of the action agenda and identified by proviso or specifically referenced in the omnibus appropriations act pursuant to RCW 43.88.030(1)(g) are expended in a manner that will achieve the intended results. In developing such performance measures, the council shall establish criteria for the expenditure of the funds consistent with the responsibilities and timelines under the action agenda, and require reporting and tracking of funds expended. The council may adopt other measures, such as requiring interagency agreements regarding the expenditure of provisoed or specifically referenced Puget Sound funds.
(3) The partnership shall work with other state agencies providing grant and loan funds or other financial assistance for projects and activities that impact the health of the Puget Sound ecosystem under chapters 43.155, 70A.305, 70A.135, 77.85, 79.105, 79A.15, 89.08, and 90.50A RCW to, within the authorities of the programs, develop consistent funding criteria that prohibits funding projects and activities that are in conflict with the action agenda.
(4) The partnership shall develop a process and criteria by which entities that consistently achieve outstanding progress in implementing the action agenda are designated as Puget Sound partners. State agencies shall work with the partnership to revise their grant, loan, or other financial assistance allocation criteria to create a preference for entities designated as Puget Sound partners for funds allocated to the Puget Sound basin, pursuant to RCW 43.155.070, 70A.305.180, 70A.305.190, 70A.305.200, 70A.135.070, 77.85.130, 79.105.150, 79A.15.040, 89.08.520, and 90.50A.040. This process shall be developed on a timeline that takes into consideration state grant and loan funding cycles.
(5) Any entity that receives state funds to implement actions required in the action agenda shall report biennially to the council on progress in completing the action and whether expected results have been achieved within the time frames specified in the action agenda.
[ 2020 c 20 § 1508; 2007 c 341 § 16.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.71 - Puget Sound Water Quality Protection. › 90.71.360 - Limitations on authority.

RCW 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 adopt plans or regulations. The action agenda may not authorize the adoption of rules under chapter 34.05 RCW creating a legally enforceable duty applicable to the review or approval of permits or to the adoption of plans or regulations. No action of the partnership may alter the forest practices rules adopted pursuant to chapter 76.09 RCW, or any associated habitat conservation plan. Any changes in forest practices identified by the processes established in this chapter as necessary to fully recover the health of Puget Sound by 2020 may only be realized through the processes established in RCW 76.09.370 and other designated processes established in Title 76 RCW. Nothing in this subsection or subsection (1) of this section limits the accountability provisions of this chapter.
(3) Nothing in this chapter limits or alters the existing legal authority of local governments, nor does it create a legally enforceable duty upon local governments. When a local government proposes to take an action inconsistent with the action agenda, it shall inform the council and identify the reasons for taking the action. If a local government chooses to take an action inconsistent with the action agenda or chooses not to take action required by the action agenda, it will be subject to the accountability measures in this chapter which can be used at the discretion of the council.
[ 2007 c 341 § 18.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.71 - Puget Sound Water Quality Protection. › 90.71.380 - Assessment of basin-wide restoration progress.

RCW 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 agenda goals, and a determination of whether the environmental indicators and benchmarks included in the action agenda accurately measure and reflect progress toward the action agenda goals.
[ 2007 c 341 § 20.]
2023 Revised Code of Washington › Title 90 - Water Rights—Environment › Chapter 90.71 - Puget Sound Water Quality Protection. › 90.71.390 - Performance audits of the partnership.

RCW 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 expended by the partnership or provided in biennial budget acts expressly for implementing the action agenda have contributed toward meeting the scientific benchmarks and the recovery goals of the action agenda;
(b) A determination of the efficiency and effectiveness of the partnership's oversight of action agenda implementation, based upon the achievement of the objectives as measured by the established environmental indicators and benchmarks; and
(c) Any recommendations for improvements in the partnership's performance and structure, and to provide accountability for action agenda results by action entities.
(3) The partnership may use the audits as the basis for developing changes to the action agenda, and may submit any recommendations requiring legislative policy or budgetary action to the governor and to the appropriate committees of the senate and house of representatives.
[ 2007 c 341 § 21.]