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 Three Dollar Bridge    WA Legislative Activity Report
THREE DOLLAR BRIDGE
Northshore Chapter recently donated $100 to the Montana Three Dollar Bridge fund. When matching funds are applied this equals $400.  The three dollar bridge is a traditional fishing access point on the Madison River in Montana (Near West Yellowstone/Hebgen Lake.)  To protect future access to the river through the site a number of organizations are working to acquire the land, rather than have it sold for development. Northshore Chapter is proud to have helped. The acquisition effort is being driven by Trout Unlimited and the River Network. To make a private donation please contact Hugh Zackheim, Director of the Northern Rockies Office of the River Network at 44 N. Last Gulch, #4 ; Helena MT 59601-4120 (make sure you mention the Northshore Chapter of TU ...)

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WA LEGISLATIVE ACTIVITY REPORT

January 7 – March 15, 2002

HOUSE BILLS 

HB 1166 Allowing state agencies to sponsor salmon recovery projects

(Companion Bill SB 5245)

DIGEST: Authorizes state agencies to sponsor salmon recovery projects. Declares that a project sponsored by a state agency may be funded by the board only if it is included on the habitat project list submitted by the lead entity for that area and the state agency has a local partner that would otherwise qualify as a project sponsor.

TU supported with concerns
STATUS:  Delivered to Governor on 3/14
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SHB 1627 Using revenues under the county conservation futures levy
DIGEST: (Substitute Bill Compared to Original Bill) The substitute bill increases the existing levy for conservation futures by 3.75 cents per $1,000 of assessed valuation.  The original bill would have created an additional levy of an additional 5.75 cents per $1,000 of assessed valuation for conservation futures.  This additional levy would have required voter approval.  The substitute strikes language in the original bill requiring that a portion of the additional levy be earmarked solely for acquiring real property to preserve salmon habitat, and replaces it with language that encourages counties to use conservation futures as a tool for salmon recovery. 
TU studied, took no position
STATUS:  Did not pass
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HB 2368 Creating the legislative fish and wildlife committee
(Companion Bill SB 6775
 DIGEST:  Transfers all powers, duties, and functions of the state fish and wildlife commission to the legislative fish and wildlife committee. 
·       All powers, duties, and functions of the state fish and wildlife commission are transferred to the legislative fish and wildlife committee. 
·       The fish and wildlife citizen advisory council is created, and is composed of nine members appointed by the governor And is authorized and directed to ascertain, study, and analyze all available facts and matters relating or pertaining to wildlife fish and shellfish in the state………
·       Reduces WDFW Commission to an advisory group with no mandate to advise, merely study. 
TU opposed
STATUS:  Did not pass
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HB 2412 Determining ballast water treatment methods for Columbia river system

DIGEST:  Finds that the states of Washington and Oregon have a unique stewardship and challenge in jointly managing issues affecting the navigable waters of the Columbia river system. This joint stewardship must deal efficiently and effectively with ballast water management in order to have an effective aquatic nuisance species prevention program, but not unduly impair the regional and international trade that is so important to our economies.

Provides that, when practical and cost-effective, implementation of ballast water management laws, rules, and regulations adopted by the states of Washington and Oregon should be coordinated among all affected parties, including all public agencies and private interests.

TU supported
STATUS:  Referred to Rules on 3/14
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HB 2435 Setting fees for the production of duplicate fish and wildlife license documents
(Companion Bill SB 6299)
DIGEST:  Provides that the fee for duplicate licenses, rebates,permits, tags, and stamps may not exceed the actual cost to the department for issuing the duplicate. 
If cost basis ok
STATUS:  Delivered to Governor on 3/11
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HB 2436 Allowing the issuance of a group fishing permit to a facility
(Companion Bill SB 6301)
DIGEST:  Authorizes the director to issue a group fishing permit to a licensed, state-operated, or nonprofit facility that serves physically or mentally disabled persons, mentally ill persons, hospital patients, handicapped persons, seriously or terminally ill persons, or senior citizens. Repeals RCW 77.32.235. 
TU Supported
STATUS:  Referred to Rules on 3/14
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HB 2463 Creating the Hood Canal marine sanctuary.
DIGEST:  Finds that the summer chum salmon evolutionarily significant unit of Hood Canal within the Puget Sound chinook salmon evolutionarily significant unit is in danger of extinction, and that other stocks of salmon and steelhead in Hood Canal have been drastically reduced.  
            Finds that other species of fish, including lingcod, black cod, perch, and smelt, have been greatly depleted in the waters of Hood Canal. Recognizes that volunteers have restored miles of spawning and rearing habitat for these fish, but this pristine habitat is largely unused because of insufficient numbers of fish returning to spawn.
            Finds that a temporary closing of this body of water to fishing would help restore the natural balance of all these species.
            Requires that, by July 1, 2004, the department of fish and wildlife, in coordination with the tribal comanagers, must develop a definition of full recovery as it is applied to summer chum, chinook, and coho salmon and steelhead.
            Requires the Hood Canal Coordinating Council to report to the salmon recovery office as provided in RCW 77.85.030 on the status of summer chum runs after the harvest prohibition has been in place for two generations of summer chum salmon.  The first report on summer chum returns must be provided no later than December 31,
2007, and the second report must be provided no later than December 31, 2011. 
No support from the Tribes and many other objectors. It’s down to groundfish protection and marine Protected Areas. TU expressed concerns, took no position.
STATUS:  Did not pass
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HB 2575 Authorizing the creation of marine resource committees
(Companion Bill SB 6581)
DIGEST:  Declares that it is the policy of the state of Washington to establish a scientifically defensible network of marine protected areas in Puget Sound.  The department, the department of ecology, the department of natural resources, the Puget Sound action team, and the state parks and recreation commission must work together and with local authorities to achieve this goal.  
            Authorizes the legislative authority for each city and county that borders the marine waters of Puget Sound to establish marine resource committees.
            Creates the Puget Sound marine protection task force.
            Provides that, by December 31, 2002, the task force must report to the legislature and provide recommendations on ways in which state and local efforts to establish marine protected areas, marine reserves, and similar programs can be better coordinated and make better use of limited financial resources, while simultaneously ensuring protection of the marine environment.
            Provides that, in establishing marine reserves and marine protected areas, state and local governments must recognize the co-management role of tribal governments.
TU supported
STATUS:  Did not pass
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HB 2625 Allowing the use of purse seine and other lawful fishing gear in certain waters

DIGEST: Finds that the new Pacific salmon treaty agreement of 1999 will drastically reduce the commercial harvest of Fraser river sockeye salmon while likely providing increased harvest opportunities in areas of Puget Sound where only gill net gear is now authorized.

Finds that this exclusive limitation is contrary to the long- term needs of the fishing industry and inconsistent with the legislature's intent to stabilize harvest levels while selectively targeting healthy salmon stocks.

TU supported
STATUS:  Delivered to Governor on 3/11
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HB 2671 Creating the permit assistance center in the office of the governor

DIGEST:  Finds that as the number of environmental and land use laws have grown in Washington, so have the number of permits required of business and government. The increasing number of individual permits and permit authorities has generated the potential for conflict, overlap, and duplication between the various state, local, and federal permits. Lack of coordination in the processing of permit applications may cause costly delays and frustration to the applicant. 
            Finds that citizens should be provided with a reliable and consolidated source of information concerning federal, state, and local environmental and land use laws and procedures that might apply to any given proposal; facilitated interagency forums for discussion of significant issues related to the multiple permitting processes can be very useful for some project proponents; and finally, some applicants may require active coordination of all applicable regulatory and land use permitting procedures. 
            Declares that the purpose of this act is to provide efficient processes that will assist businesses and citizens in complying with the environmental and land use laws while protecting public health and safety and the environment. Creates the permit assistance center in the office of the governor. 
            Transfers the powers, duties, and functions of the permit assistance center at the department of ecology to the center created in this act. 
            Provides that the act shall be null and void if appropriations are not approved. 
TU studied, took no position
STATUS:  Delivered to Governor on 3/14
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HB 2686 Reducing the release of mercury into the environment

(Companion Bill SB 6533)

DIGEST: Declares an intent to achieve significant reductions in environmental mercury, improve public awareness of mercury pollution and proper disposal of mercury, and improve the collection, removal and disposal of mercury products to improve public health and the environment.

Declares that a violation of this act or any rule adopted under this act is punishable by a civil penalty not to exceed one thousand dollars for each violation in the case of a first violation. Repeat violators are liable for a civil penalty not to exceed five thousand dollars for each repeat violation. Penalties collected under this section must be deposited in the state toxics control account created under RCW 70.105D.070.

TU supported
STATUS:  Did not pass
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HB 2722 Establishing consistent provisions for fish guards, screens, and bypasses 
DIGEST:  Declares an intent to establish a consistent set of provisions for fish guards, fish screens, and fish bypasses that apply in an identical manner to both food fish and game fish.  Repeals RCW 77.55.310 and 77.55.320.
TU supported
STATUS:  Did not pass
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HB 2757 Concerning hydraulic project approval
DIGEST: Finds that the department of fish and wildlife issues thousands of hydraulic project approvals each year at a substantial commitment of government resources for individual permitting review and writing.
            Recognizes the importance of such individual approval processes to ensure proper protection of fish life and reasonable conditioning for hydraulic project approval decisions.  However, the legislature also recognizes that certain subjects, such as small scale mining which is addressed by RCW 77.55.270, can be more effectively addressed by pamphlets that describe general rules which, if followed, will ensure proper protection of fish life and lessen the burden on applicants and allow the department to address its significant responsibilities.
            Finds that the department of fish and wildlife should be authorized to charge a fee for processing and issuing decisions on hydraulic project approvals applications in order to defray the cost incurred by the department.  The fee system will be based on the scale and complexity of the proposed project or activity, and whether the application is an original or a time extension, renewal, or alteration.  Fish habitat enhancement projects conducted under RCW 77.55.290 are exempt. 
            Directs fees to a new state “wildlife fund” but does not specify what the fund is to be used for. 
TU supported
STATUS:  Referred to Rules on 3/14
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HB 2809 Concerning the application of pesticides in a forest environment 
DIGEST:  Declares that direct supervision for forest application does not  require constant voice and visual contact when general use pesticides are applied using non-apparatus type equipment, the certified applicator is physically present and readily available in the immediate application area, and the certified applicator directly observes pesticide mixing and batching.
TU studied, took no position
STATUS:  Delivered to Governor on 3/11
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HB 2847 Improving water quality through sound storm water management
DIGEST:  Finds that development of consistent and predictable standards for storm water management across multiple state, federal, and local jurisdictions is imperative for the state to achieve environmental protection in a cost-effective manner.
            Finds that storm water management must provide protection of natural resources while also providing state and local agencies, development interests, and others with a flexible set of tools and alternatives that can help ensure cost-effective storm water management and detention. 
            Finds that significant fragmentation in authority exists between local, state, and federal agencies in managing storm water.  The legislature believes state agencies and local governments, and where appropriate, federal and tribal governments, should identify streamlining opportunities to address fragmentation between storm water authority exercised by local, state, and federal jurisdictions.
TU studied, expressed concerns, took no position
STATUS:  Referred to Rules on 3/14
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HB 2866 Limiting overlapping jurisdiction regarding the permitting of storm water projects
DIGEST:  Recognizes that the department of ecology is primarily responsible for the approval of storm water projects.  
            Expresses a belief that once the department of ecology approves a proposed storm water project, it is inappropriate for the department of fish and wildlife to require a major redesign of that project in order for the applicant to obtain hydraulic project approval.
            Declares that it is more appropriate for the department of fish and wildlife to defer the design elements of a storm water project to the department of ecology and focus its own efforts on determining reasonable mitigation or conditions for the project based upon the project's potential harm to fish.
            Declares an intent of the legislature to restore some balance over conditions attached to hydraulic permits, and to minimize overlapping state regulatory authority regarding storm water projects in order to reduce waste in both time and money while still providing ample protection for fish life. 
TU expressed concerns, took no position.
STATUS:  Delivered to Governor on 3/14
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SENATE BILLS
SB 6271 Creating the evergreen recreation pass
(Companion Bill HB 2626)
DIGEST:  Intent create an evergreen recreation pass that will be available to serve as a renewable annual recreation pass for state-owned recreation sites in lieu of day-use fees, that this recreation pass will be widely available, and that purchase of this pass is optional for members of the general public. 
            Provides that revenues obtained from sales of the evergreen recreation pass will be distributed to the agencies participating in the evergreen recreation pass program in accordance with a formula developed by the office of financial management.  The department of licensing will also be reimbursed for reasonable expenses incurred for promoting and selling the evergreen recreation passes.  In developing the distribution formula, the office of financial management must consider the information derived from purchasers of the pass regarding use of the pass.
            Requires at least seventy-five percent of the funds collected from sales of the evergreen recreation pass to be used for maintenance, repair, and equipment for these recreation sites.  No more than twenty-five percent of the funds collected from sales of the pass may be used for the costs of collecting the fee.
TU expressed concerns--not clear how fee will figure in fees already contained in hunting and fishing licenses for access.
STATUS:  Did not pass
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SB 6313 Providing for the recovery of lost and abandoned fishing gear

DIGEST:  Finds that fishing gear that is lost or abandoned may continue to catch marine organisms long after the gear is lost. Declares that the purpose of this act is to develop safe, effective methods to remove derelict fishing gear, eliminate regulatory barriers to gear removal, and discourage future losses of fishing gear.

Directs the department, in partnership with the Northwest straits commission, the department of natural resources, and other interested parties, to publish guidelines for the safe removal and disposal of derelict fishing gear. The guidelines must be completed by August 31, 2002, and made available to any person interested in derelict fishing gear removal.

Requires the department, in consultation with the Northwest straits commission, the department of natural resources, and other interested parties, to create and maintain a data base of known derelict fishing gear, including the type of gear and its location.

Requires a person who loses or abandons commercial fishing gear within the waters of the state to report the location of the loss and the type of gear lost to the department within forty-eight hours of the loss.

Directs the department, in consultation with fishing industry groups and tribal co-managers, to evaluate methods to reduce future losses of fishing gear and report the results of this evaluation to the appropriate legislative committees by January 1, 2003.

TU supported
STATUS:  Signed by Governor on 3/12; effective 6/13/2002
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SB 6331 Specifying additional purposes for the use of revenues under the county conservation futures levy
(Companion Bill HB 2558)
DIGEST:  Authorizes the use of the revenues for the development, maintenance, and operation of the real property.
            Provides that a county imposing the levy may use no more than twenty-five percent of these funds for development, maintenance, and operation of the real property acquired with funds received from the levy.
TU expressed concerns—“development”
STATUS:  “X-file”
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SB 6396 Senate Supplemental Capital Budget Stimulus Plan
TU opposed new section, section 204, Columbia River dredging
STATUS:  Passed
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SB 6438 Creating the western Washington center for agriculture and garden research
DIGEST:  Declares that the purpose of the western Washington center for agriculture and garden research is to provide statewide leadership in research and extension programs in agriculture and gardening.
            Transfers the WSU extension service facilities at Puyallup and Mt Vernon to a Non-Profit Organization (process, function etc. etc. described in bill).
TU supported
STATUS:  Did not pas
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SB 6470 Revising penalty provisions when land is removed from open space classification
DIGEST: Revises penalty provisions when land is removed from open space classification.
Note:  Exempts…“ii) Up to five acres of farm and agricultural land classified under RCW 84.34.020(2) that includes a residential homesite is removed from classification when the owner sells or transfers the remainder of the classified land to a new ownership.
TU studied, took no position.
STATUS:  Did not pass
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SB 6553 Enhancing regulatory capabilities to prevent invasive aquatic species

DIGEST: Recognizes the potential economic and environmental damage that can occur from the introduction of invasive aquatic species. Declares that the purpose of this act is to increase public awareness of invasive aquatic species and enhance the department of fish and wildlife's regulatory capability to address threats posed by these species.

Requires the director to create a rapid response plan in cooperation with the aquatic nuisance species committee and its member agencies that describes actions to be taken when a prohibited aquatic animal species is found to be infesting a water body. These actions include eradication or control programs where feasible and containment of infestation where practical through notification, public education, and the enforcement of regulatory programs.

Provides that, in consultation with the aquatic nuisance species committee, the director of the department of fish and wildlife and the chief of the state patrol must jointly develop a plan to inspect watercraft entering the state to prevent the introduction of invasive aquatic species. The plan shall be provided to the legislature by December 2003.

TU supported
STATUS:  Delivered to Governor on 3/14
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SB 6561 Imposing a state excise tax on pull-tabs, punch boards, and social Card Games
DIGEST:  Imposes a state excise tax on pull-tabs, punch boards, and social card games.  TU opposed   
STATUS:  Did not pass
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SB 6575 Concerning the designation of certain lands as natural area preserves or natural resource conservation areas
DIGEST:  Authorizes the department to establish by rule and regulation the criteria for selection, acquisition, management, protection, and use of such natural areas, including:
(1) Limiting public access to natural areas consistent with the required protection of critical natural elements.  Where appropriate, a buffer zone with a higher level of public access must be created around the environmentally sensitive areas;
(2) Developing a management plan for each designated natural area.  The plan must identify the significant resources to be conserved consistent with the purposes of this chapter and identify the areas with potential for low-impact public and environmental educational uses.
Requires the plan to specify the types of management activities and public uses that are permitted, consistent with the preservation purposes of this act.  The department must make the plans available for review and comment by the public, the natural heritage advisory council, and other state, tribal, and local agencies, prior to final approval by the commissioner. 
TU supported with concerns
STATUS:  Delivered to Governor on 3/14
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SB 6581 Authorizing the creation of marine resource committees

(Companion Bill HB 2575)

DIGEST:  Declares that it is the policy of the state of Washington to establish a scientifically defensible network of marine protected areas in Puget Sound. The department, the department of ecology, the department of natural resources, the Puget Sound action team, and the state parks and recreation commission must work together and with local authorities to achieve this goal.

Authorizes the legislative authority for each city and county that borders the marine waters of Puget Sound to establish marine resource committees.

Creates the Puget Sound marine protection task force.

Provides that, by December 31, 2002, the task force must report to the legislature and provide recommendations on ways in which state and local efforts to establish marine protected areas, marine reserves, and similar programs can be better coordinated and make better use of limited financial resources, while simultaneously ensuring protection of the marine environment.

Provides that, in establishing marine reserves and marine protected areas, state and local governments must recognize the co-management role of tribal governments.

TU supported
STATUS:  Did not pass
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SB 6583 Relating to personal use fishing license fees
Increases the fees for certain personal use fish and shellfish licenses.  Amends RCW 77.32.470 and 77.32.520; creating new sections; providing an effective date; and declaring an emergency.
TU opposed, funds directed to General Fund instead of WDFW.
STATUS:  Did not pass
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SB 6598 Relating to natural science and wildlife education
DIGEST:  The natural science and wildlife education partnership trust fund is established.  Purpose is to further develop natural science and wildlife education programs that are fully integrated with the state's early academic learning requirements by providing state funds to match money or the value of in-kind services from other sources. Money is disbursed through a competitive grant-making process to eligible nonprofit organizations that can provide matching funds or in-kind services. Criteria for the grants established by the Superintendent of Public Instruction (SPI) and any expenditures from the fund must be authorized by SPI or its designee.  Minimum requirements for the criteria and types of eligible uses for the grants are listed in the bill. 
An appropriation is not required for expenditures from the fund.
TU supported with concerns
STATUS:  Referred to Rules on 3/14
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SB 6615 Allowing the department of fish and wildlife to charge a fee for hydraulic project approvals processing
DIGEST:  Finds that the department of fish and wildlife should be authorized to charge a fee for processing and issuing decisions on hydraulic project approvals applications in order to defray the cost incurred by the department.  The fee system will be based on the scale and complexity of the proposed project or activity, and whether the application is an original or a time extension, renewal, or alteration. 
            Declares that fish habitat enhancement projects conducted under RCW 7.55.290 are exempt. 
TU supported with concerns because fees still directed to the General fund instead of WDFW.
STATUS:  Did not pass
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SB 6737 Coordinating implementation of watershed plans
DIGEST:  Finds that each watershed in Washington is unique and requires its own management activities and techniques to protect and enhance the quality and stability of the watershed for the benefit of communities and residents.
            Finds that such activities and techniques are most effective and efficient when they fully integrate and utilize the collaborative efforts of interested citizens and businesses, nonprofit organizations, tribes, agencies of local, state, and federal government, and state colleges and universities and coordinate the implementation of adopted watershed plans.
            Allows Voluntary watershed organizations, including private nonprofit organizations incorporated under Title 24 RCW, formed for the purpose of implementing adopted watershed plans may apply to the department for administrative support grants of up to fifty thousand dollars to maintain the organizational structure and functions necessary to fulfill their purpose.
            Creates a 25-member state watershed coordinating council appointed by the governor.  The purpose of the council is to provide information sharing and coordination among local watershed organizations and state, federal, and tribal entities. 
TU supported with concerns
STATUS:  Referred to Rules on 3/14
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SJM 8004 Petitioning Congress to appropriate support for an oil spill prevention tugboat in the Strait of Juan de Fuca

DIGEST: Requests that Congress appropriate sufficient budgetary support to permanently station an oil spill prevention tugboat, of adequate size, and with rescue, fire fighting, spill response, and lifesaving capabilities, at the westward end of the Strait of Juan de Fuca.

TU supported
STATUS:  Filed with Secretary of State on 3/8
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SJM 8005 Petitioning Congress to strengthen vessel safety standards

DIGEST: Requests that Congress act expeditiously to amend the Oil Pollution Act of 1990 to make clear that states have the authority to adopt additional oil tanker, barge, and cargo vessel operating requirements that are supplemental to and not inconsistent with regulations adopted by the United States Coast Guard.

Requests that the United States Coast Guard act immediately to strengthen its tanker vessel safety standards by adopting measures similar to Washington state's standards, including those relating to tanker crew training, accident reporting, navigation watch practices, and deck officer English-language proficiency, that the United States Supreme Court held to be preempted by Congressional intent.

TU supported
STATUS:  Referred to Rules on 3/14

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SJM 8030 Requesting recognition of the Puget Sound Nearshore Ecosystem Restoration Project

DIGEST: Requests that Congress provide sufficient funding through the local and federal project partners to complete the assessment phase and begin the construction phases of the project and that the project sponsors and their partners be encouraged to report to the President and to the Congress on their progress.

TU supported
STATUS:  Referred to Rules on 3/14
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SGA 9193 FRANK L. CASSIDY, JR.

DIGEST: FRANK L. CASSIDY JR, reappointed September 19, 2001, for a term ending January 15, 2005, as a Member of the Pacific NW Electric Power and Conservation Planning Council.

TU supported
STATUS:  Confirmed on 3/13 (45 yeas, 0 nays, 4 absent)
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SGA 9214 AMY C. SOLOMON

DIGEST: AMY C. SOLOMON, appointed July 30, 2001, for a term ending June 30, 2005, as a Member of the Executive Board of Washington Public Power Supply System.

TU supported
STATUS:  Confirmed on 3/14 (44 yeas, 0 nays, 5 absent)

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