2007 Washington State Legislature passed ESSB 5372 to create the Puget Sound Partnership. The Governor signed the bill into law May 7th and named Bill Ruckelshaus as the first chair.

  The Puget Sound Partnership is a new state agency created by the 2007 Legislature and signed into law by Gov. Chris Gregoire on May 7, 2007. The Partnership will lead and coordinate efforts to protect and restore Puget Sound. The Partnership will work collaboratively with all levels of government, tribes, businesses and citizen groups to accomplish its mission.

  The Partnership differs from previous Puget Sound recovery efforts, such as the Puget Sound Action Team, in key ways:

    * It has an expanded scope of work with lead responsibility for salmon recovery efforts in the Puget Sound basin and the duty to ensure a sufficient water supply for people and wildlife;

    * The Partnership has authority to establish a 2020 Action Agenda with prioritized actions and benchmarks needed for all levels of government and watershed groups.

    * The Partnership is required to oversee the work toward these priorities, with tools to hold entities accountable.

    * The Partnership’s geographic scope is expanded to include the entire Puget Sound basin from the crests of the Cascades and the Olympics to the center of the Sound;

    * The Partnership has a firm deadline for its efforts – recovery of the Sound by 2020;

    * The Partnership has the responsibility to collaborate with local watershed groups and work within the existing watershed framework; and

    * The Partnership must use independent science advice and expertise in its work.

While the Partnership is a state agency and part of the governor’s executive cabinet, it will be led by a seven-member Leadership Council of independent citizens selected from throughout the Puget Sound region. These council members will be appointed by the governor, with the advice and consent of the Senate.

The Partnership will be advised by a 27-member Ecosystem Coordination Board made up of involved parties from across the region. The council will select the members of this board, with the exception of tribal and federal members to be invited by the governor, and the legislative members to be appointed by their respective caucuses.

A nine-member Science Panel will provide independent scientific advice and expertise to the council. Scientists will help ensure that benchmarks are measurable and achievable and that resources are directed to projects that will produce the greatest benefit. The panel will be appointed by the council based on nominations from the Washington Academy of Sciences.

The Partnership will be led by an Executive Director, who will be appointed by the governor in consultation with the council. The executive director will employ a professional staff. Employees of the current Puget Sound Action Team transfer into the new agency effective July 1, 2007. As of Jan. 1, 2008, the regional salmon recovery functions of Shared Strategy for Puget Sound will become the responsibility of the Partnership.

Develop a 2020 Action Agenda:  The 2020 Action Agenda will be a comprehensive plan covering the entire ecosystem that affects Puget Sound, from the top of the watersheds to the Sound. The Action Agenda will identify and prioritize actions that lead to the recovery of the Sound by 2020, and identify those responsible for the actions along with potential sources of funding. The Action Agenda will be science-based and will include measurable outcomes and specific measures of progress.

Oversee implementation and ensure accountability:  The Partnership will oversee implementation of the Action Agenda and ensure that the responsible parties are held accountable for delivering results. This includes overseeing the efficiency and effectiveness of money spent, and tracking and reporting results to the Legislature, the governor and the public. Prior to adoption of the new Action Agenda in September 2008, the 2007-2009 Puget Sound Conservation and Recovery Plan will guide recovery efforts. 

Promote public awareness and engagement:  The Partnership will work with a variety of groups and businesses to launch a public awareness campaign about Puget Sound’s health, and to build a network of organizations that increases the opportunities for people to directly help protect and restore Puget Sound. In addition, the Partnership will continue to manage the Action Team’s longstanding Public Involvement and Education Fund (PIE) funding program.

Science:  The Science Panel will develop a strategic program that identifies science gaps and recommends monitoring and research priorities. The panel also will develop a science work plan which will include, among other items, identification of specific science actions to be done over the course of each biennium to support the progress toward a healthy Sound by 2020.

The law makes the Leadership Council accountable for implementation of the action agenda and for progress toward recovery.

The law does not give the Partnership regulatory authority. However, the law explicitly states that “…. The legislature intends that all governmental entities within Puget Sound will exercise their existing authorities to implement the applicable provisions of the action agenda.” To ensure this outcome, the law describes accountability tools that the Partnership is to deploy. These tools comprise a system of accountability fully adequate to achieve the goal of a healthy Sound by 2020.  The system relies on independent scientific contributions to the action agenda and review of outcomes and overall progress; fiscal accountability; and internal and external progress reports, reviews and recommendations.

The Legislature has set a high bar for the new Partnership. It must base its actions on independent science and it must achieve progress. The accountability system is robust and transparent. It gives citizens, businesses, Tribes and others the ability to hold the Partnership itself accountable.

The intent section of the law creating the Partnership states that “….the action agenda will be based on science and include clear, measurable goals for the recovery of Puget Sound to health by 2020.” The Leadership Council is to appoint a nine-member panel to “….provide independent, nonrepresentational scientific advice to the Council and expertise in identifying environmental indicators and benchmarks for incorporation into the action agenda.”

To establish the panel through an independent process, the Washington Academy of Sciences is to provide the Council with the names of 15 scientists with recognized expertise in fields of science essential to the recovery of the Sound. Those nominated by the Academy must disclose any potential conflicts of interest and any financial relationships with any Leadership Council member, as well as disclose sources of current financial support and contracts related to Puget Sound recovery. The science panel selects its own chair, and the executive director of the Partnership provides staff.

The panel is to establish an ecosystem-level strategic science program. Perhaps its most important function is to identify environmental indicators measuring the health of Puget Sound and to recommend environmental benchmarks that need to be achieved to meet the goals of the action agenda.

The law establishes four methods of using state loan and grant funds as incentives or disincentives to achieve consistency with the action agenda. Funds included are the water quality account, the state revolving loan fund, the public works trust fund, the model toxics control fund, the aquatic lands enhancement account, the Washington wildlife and recreation account, and the salmon recovery fund. The four methods are:

    * Ensuring that projects and activities in conflict with the action agenda are not funded

    * Using state loan and grant programs to encourage consistency with the action agenda.

    * Aligning environmental investments with strategic priorities of the action agenda.

    * Withholding non-action agenda-related funding from entities determined by the Council to be in substantial noncompliance with the action agenda.

Performance Measures.  The Council is required to adopt measures that will ensure that money appropriated by the Legislature for implementation of the action agenda achieves the intended results. It must require biennial reports from fund recipients and it must track these expenditures.

Management Conferences.  The Leadership Council may hold “management conferences” with implementing entities to review and assess performance in undertaking implementation strategies with a particular focus on compliance with and enforcement of existing laws. Where the Council identifies an “inconsistency with the action agenda,” it is to problem-solve with the offending entity to bring about consistency.

Corrective Action Plan.  The Council or executive director can develop a corrective action plan for any entity the Council determines is in “substantial noncompliance.” If the entity does not agree to the corrective action plan, a finding of substantial noncompliance is made.

Finding of Substantial Noncompliance.  The Council must hold a public meeting with the offending state agency or local jurisdiction, after which, if substantial noncompliance continues, the Council develops a written finding to document its conclusions.

Ineligibility for state funding assistance.  The written finding may include a recommendation that the Governor make the non-compliant entity ineligible for state financial assistance from any fund source until the substantial noncompliance is remedied.

Progress Reports, Reviews, and Recommendations

Citizen Accountability.  Citizens, as well as implementing entities, are authorized to bring to the Council problems, conflicts, or substantial lack of progress in implementation of the action agenda. Where the parties and the Council cannot resolve an issue that significantly impedes implementation, the Council must provide recommended solutions to the Governor, the Legislature, and to those entities with the authority to resolve the conflict.

Barriers in Existing Laws.  The Council or an implementing entity may identify a conflict, impediment or deficiency in existing law as it pertains to implementation of the action agenda. The Council must then make any necessary recommendations to the Legislature, Governor, agency, local government or other appropriate entity for removing the barrier. These recommendations may include local or state rulemaking or legislation.

Several reports required of the Partnership have accountability functions.

    * Biennial Puget Sound Budget Request: in September of even-numbered years, the Leadership Council provides the Governor and the Legislature’s fiscal committees its budget recommendation for implementing the action agenda in the coming two-year budget cycle.

    * Financing Strategy: in the 2008 biennial Puget Sound budget request, the Partnership must include funding needed through 2020 to implement the action agenda; funding needed for the science panel staff; methods to secure stable and sufficient funding to be dedicated to Puget Sound protection and recovery.

    * State of the Sound Report: in November of odd-numbered years, the Leadership prepares a state of the Sound report that includes its assessment of progress in implementation of the action agenda by state and non-state entities; a description of any actions by implementing entities that are inconsistent with the action agenda and the steps taken to remedy the in consistency; science panel comments on implementation progress, as well as findings arising from the monitoring program; a review of citizen concerns brought to the Partnership and their disposition; an assessment of whether state funds for implementation were used in a way that was consistent with the action agenda; and recommendations as to how future state expenditures could better match priorities in the action agenda.

    * Puget Sound Science Update:  This report on the status and trends of Puget Sound health must be produced by the science panel by April 2010, with regular updates as needed thereafter.

    * Strategic Science Program and Biennial Science Work Plan:  These two documents are produced by the science panel, approved by the Council, and lay out various aspects of a comprehensive science program that informs policy development and implementation.

    * Funding Programs Review: in November 2009, the Leadership Council must provide the Governor and the Legislature with any recommendations for improvements to state programs that fund facilities and activities that may contribute to action agenda implementation

Basin-wide Restoration Progress.  The Washington Academy of Sciences must report on progress toward action agenda goals by December 2010, including a determination whether the benchmarks accurately measure and reflect progress.

Performance Audits.  The Joint Legislative Audit and Review Committee will audit the Partnership in 2011 and 2016 to determine whether funds appropriated by the Legislature to implement the action agenda have contributed to meeting the benchmarks and the recovery goals and whether the Partnership itself has been efficient and effective in its oversight of action agenda implementation. It must also make any needed recommendations for improvement in the Partnership’s performance and structure.

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