H-4562              _______________________________________________

 

                                          SUBSTITUTE HOUSE BILL NO. 1622

                        _______________________________________________

 

                                                                            C 046 L 86

 

 

State of Washington                              49th Legislature                              1986 Regular Session

 

By House Committee on Local Government (originally sponsored by Representatives Sayan and Grimm)

 

 

Read first time 2/7/86 and passed to Committee on Rules.

 

 


AN ACT Relating to flooding; and amending RCW 86.26.007, 86.26.040, 86.26.050, 86.26.100, and 86.26.105.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

        Sec. 1.  Section 1, chapter 212, Laws  of 1984 as amended by section 88, chapter 57, Laws of 1985 and RCW 86.26.007 are each amended to read as follows:

          The flood control assistance account is hereby established in the state treasury.  At the beginning of each biennium after June 30, 1985, the state treasurer shall transfer from the general fund to the flood control assistance account an amount of money which, when combined with money remaining in the account from the previous biennium, will equal four million dollars.  Moneys in the flood control assistance account may be spent only after appropriation for ((a specified list of projects)) purposes specified under this chapter.  All earnings of investments of balances in the flood control assistance account shall be credited to the general fund.

 

        Sec. 2.  Section 6, chapter 240, Laws of 1951 as amended by section 3, chapter 212, Laws of 1984 and RCW 86.26.040 are each amended to read as follows:

          Whenever state grants under this chapter are used in a flood control maintenance project, the engineer of the county within which the project is located shall approve all plans for the specific project and shall supervise the work.  The approval of such plans, construction and expenditures by the department of ecology, in consultation with the department of fisheries and the department of game, shall be a condition precedent to state participation in the cost of any project beyond planning and designing the specific project.

          Additionally, state grants may be made to counties for preparation of a comprehensive flood control management plan required to be prepared under RCW 86.26.050.

 

        Sec. 3.  Section 7, chapter 240, Laws of 1951 as last amended by section 1, chapter 454, Laws of 1985 and RCW 86.26.050 are each amended to read as follows:

          (1) State participation shall be in such preparation of comprehensive flood control management plans and flood control maintenance projects as are affected with a general public and state interest, as differentiated from a private interest, and as are likely to bring about public benefits commensurate with the amount of state funds allocated thereto.

          (2) No participation for flood control maintenance projects may occur with a county or other municipal corporation unless the director of ecology has approved the flood plain management activities of the county, city, or town having planning jurisdiction over the area where the flood control maintenance project will be, on the one hundred year flood plain surrounding such area.

          The department of ecology shall adopt rules concerning the flood plain management activities of a county, city, or town that are adequate to protect or preclude flood damage to structures, works, and improvements, including the restriction of land uses within a river's meander belt or floodway to only flood-compatible uses.  Whenever the department has approved county, city, and town flood plain management activities, as a condition of receiving an allocation of funds under this chapter, each revision to the flood plain management activities must be approved by the department of ecology, in consultation with the department of fisheries and the department of game.

          No participation ((may occur)) with a county or other municipal corporation for flood control maintenance projects may occur unless the county engineer of the county within which the flood control maintenance project is located certifies that a comprehensive flood control management plan has been completed and adopted by the appropriate local authority, or is being prepared for all portions of the river basin or other area, within which the project is located in that county, that are subject to flooding with a frequency of one hundred years or less.  ((Such))

(3)  Participation for flood control maintenance projects and preparation of comprehensive flood control management plans shall be made from grants made by the department of ecology from the flood control assistance account.  Comprehensive flood control management plans, and any revisions to the plans, must be approved by the department of ecology, in consultation with the department of fisheries and the department of game.

 

        Sec. 4.  Section 12, chapter 240, Laws of 1951 as amended by section 8, chapter 212, Laws of 1984 and RCW 86.26.100 are each amended to read as follows:

          State participation in the cost of any flood control maintenance project shall be provided for by a written memorandum agreement between the director of ecology and the legislative authority of the county submitting the request, which agreement, among other things, shall state the estimated cost and the percentage thereof to be borne by the state.  In no instance, except on emergency projects, shall the state's share exceed one-half the cost of the project, to include project planning and design.  However, grants to prepare a comprehensive flood control management plan required under RCW 86.26.050 shall not exceed seventy-five percent of the full planning costs, but not to exceed amounts for either purpose specified in rule and regulation by the department of ecology.

 

        Sec. 5.  Section 9, chapter 212, Laws of 1984 and RCW 86.26.105 are each amended to read as follows:

          A comprehensive flood control management plan shall determine the need for flood control work, consider alternatives to in-stream flood control work, identify and consider potential impacts of in-stream flood control work on the state's in-stream resources, and identify the river's meander belt or floodway.  A comprehensive flood control management plan shall be completed and adopted within at least three years of the certification that it is being prepared, as provided in RCW 86.26.050.

          If after this three-year period has elapsed such a comprehensive flood control plan has not been completed and adopted, grants for flood control maintenance projects shall not be made to the county or municipal corporations in the county until a comprehensive flood control plan is completed and adopted by the appropriate local authority.  These limitations on grants shall not preclude allocations for emergency purposes made pursuant to RCW 86.26.060.


                                                                                                                      Passed the House February 14, 1986.

 

                                                                                                                                         Speaker of the House.

 

                                                                                                                           Passed the Senate March 1, 1986.

 

                                                                                                                                       President of the Senate.