(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 develop standards and processes by which
the partnership will determine whether implementing entities are
taking actions consistent with the action agenda and achieving
the outcomes identified in the action agenda. Among these
measures, the 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, the
council shall offer support and assistance to the entity with the
objective of remedying the inconsistency. The results of the
conferences shall be included in the state of the Sound report
required under RCW 90.71.370.
(3) In the event the council determines that an entity is in
substantial noncompliance with the action agenda, it shall
provide notice of this finding and supporting information to the
entity. The council or executive director shall thereafter meet
and confer with the entity to discuss the finding and, if
appropriate, develop a corrective action plan. If no agreement
is reached, the council shall hold a public meeting to present
its findings and the proposed corrective action plan. If the
entity is a state agency, the meeting shall include
representatives of the governor's office and office of financial
management. If the entity is a local government, the meeting
shall be held in the jurisdiction and electoral representatives
from the jurisdictions shall be invited to attend. If, after
this process, the council finds that substantial noncompliance
continues, the council shall issue written findings and document
its conclusions. The council may recommend to the governor that
the entity be ineligible for state financial assistance until the
substantial noncompliance is remedied. Instances of
noncompliance shall be included in the state of the Sound report
required under RCW 90.71.370.
(4) The council shall provide a forum for addressing and
resolving problems, conflicts, or a substantial lack of progress
in a specific area that it has identified in the implementation
of the action agenda, or that citizens or implementing entities
bring to the council. The council may use conflict resolution
mechanisms such as but not limited to, technical and financial assistance,
facilitated discussions, and mediation to resolve the conflict.
Where the parties and the council are unable to resolve the
conflict, and the conflict significantly impairs the
implementation of the action agenda, the council shall provide
its analysis of the conflict and recommendations resolution to
the governor, the legislature, and to those entities with
jurisdictional authority to resolve the conflict.
(5) When the council or an implementing entity identifies a
statute, rule, ordinance or policy that conflicts with or is an impediment to the
implementation of the action agenda, or identifies a deficiency
in existing statutory authority to accomplish an element of the
action agenda, the council shall review the matter with the
implementing entities involved. The council shall evaluate the
merits of the conflict, impediment, or deficiency, and make
recommendations to the legislature, governor, agency, local
government or other appropriate entity for addressing and resolving the
conflict.
(6) The council may make recommendations to the governor and
appropriate committees of the senate and house of representatives
for local or state administrative or legislative actions to
address barriers it has identified to successfully implementing
the action agenda.
[2007 c 341 § 17.]