H-2305

AN ACT Relating to storm water control grant programs; amending RCW 90.78.005, 90.78.010, 90.78.020, and 75.50.165; and providing an expiration date.

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

Sec. 1. RCW 90.78.005 and 1996 c 285 s 2 are each amended to read as follows:

The legislature finds that the increasing population and continued development throughout the state have increased the need for storm water control. Storm water impacts have resulted in increased public health risks related to drinking water and agricultural and seafood products; increased disruption of economic activity, transportation facilities, and other public and private land and facilities due to the lack of adequate flood control measures; adverse affects on state fish populations and watershed hydrology; and contamination of sediments.

In addition, current storm water control and management efforts related to transportation projects lack necessary coordination on a watershed, regional, and state-wide basis; have inadequate funding; and fail to maximize use of available resources.

More stringent regulatory requirements have increased the costs that state and local governments must incur to deal with significant sources of pollution such as storm water. The costs estimated to properly maintain and construct storm water facilities far exceed available revenues.

Therefore, it is the intent of the legislature to establish a program to develop a state-wide coordination mechanism for the funding of state, county, and city highway and roadway-related storm water management and control projects that will facilitate the completion of the state's most urgently needed storm water projects in the most cost-effective manner. Unexpended annual utility fee payments that are not collected by virtue of defaulting in preparing a plan must be used in the storm water grant program as defined in RCW 90.78.010 and 90.78.020.

Sec. 2. RCW 90.78.010 and 1996 c 285 s 3 are each amended to read as follows:

The department of transportation, in cooperation with the transportation improvement board, the department of ecology, cities, towns, counties, environmental organizations, business organizations, Indian tribes, and port districts, shall develop a storm water management funding and implementation program to address state, county, and city highway and roadway-related storm water control problems. As part of the program, the department may provide grants and may rate and rank local transportation improvement projects to facilitate the construction of the highest priority state and local storm water management projects based on cost-effectiveness and contribution toward improved water quality, mitigating the impacts of altered stream hydrology, improved salmonid habitat, and reduced flooding in a watershed.

The program shall address, but is not limited to, the following objectives: (1) Greater state-wide coordination of the construction of storm water treatment facilities; (2) encouraging multijurisdictional projects; (3) developing priorities and approaches for implementing activities within watersheds; (4) methods to enhance, preserve, and restore salmonid habitat; (5) identification and prioritization of storm water retrofit programs; ((~~(5)~~)) (6) evaluating methods to determine cost benefits of proposed projects; ((~~(6)~~)) (7) identifying ways to facilitate the sharing of technical resources; ((~~(7)~~)) (8) developing methods for monitoring and evaluating activities carried out under the program; and ((~~(8)~~)) (9) identifying potential funding sources for continuation of the program.

Sec. 3. RCW 90.78.020 and 1996 c 285 s 4 are each amended to read as follows:

The department of transportation may provide grants and may rate and rank local transportation improvement projects to implement state, county, and city highway and roadway-related storm water control measures. Cities, towns, counties, port districts, Indian tribes, and the department of transportation are eligible to receive grants, on a matching basis. A committee consisting of two representatives each from the department of transportation, with one as chair, the department of ecology, cities, and counties, and one representative each from the transportation improvement board, the department of fish and wildlife, an environmental organization, and a business organization, shall oversee the grant program. The committee may add representatives of other agencies, organizations, or interest groups to serve as members of the committee or in an advisory capacity. In developing project criteria, the committee shall identify the most urgent state, county, and city highway and roadway-related storm water management and control problems; develop methods for applying priorities across watersheds; give added weight to projects based on local contribution, multijurisdictional involvement, and whether the project is a priority for a local storm water utility; and determine the benefits of, and, if appropriate, provide incentives for off-site placement of storm water facilities and out-of-kind mitigation for storm water impacts.

Sec. 4. RCW 75.50.165 and 1998 c 249 s 16 are each amended to read as follows:

(1) The department of transportation ((~~is authorized to~~)), transportation improvement board, and the department of fish and wildlife may administer ((a)) and coordinate all state grant programs specifically designed to assist state agencies, local governments, private landowners, tribes, organizations, and volunteer groups in identifying and removing impediments to ((~~anadromous~~)) salmonid fish passage. ((~~The~~)) The transportation improvement board is authorized to administer all grant programs specifically designed to assist cities, counties, and local governments with fish passage barrier corrections associated with transportation projects. All other grant programs ((~~shall~~)) must be administered and be consistent with the following:

(a) ((~~Eligible projects include~~)) Salmonid-related corrective projects, inventory, assessment, and prioritization efforts;

(b) Salmonid projects ((~~shall be~~)) subject to a competitive application process; and

(c) A minimum dollar match rate that is consistent with the funding authority's criteria. If no funding match is specified, a match amount of at least twenty-five percent per project shall be required. For local, private, and volunteer projects, in-kind contributions may be counted toward the match requirement.

(2) Priority shall be given to projects that immediately increase access to available and improved spawning and rearing habitat for depressed, threatened, and endangered stocks. Priority shall also be given to project applications that are coordinated with other efforts within a watershed((;)).

((~~(d)~~)) (3) Except for projects administered by the transportation improvement board, all projects shall be reviewed and approved by the fish passage barrier removal task force((~~; and~~

~~(e) A match of at least twenty-five percent per project shall be required. For local, private, and volunteer projects, in-kind contributions may be counted toward the match requirement.~~

~~(2) The department of transportation shall proceed expeditiously in implementing the grant program during the 1998 summer construction season~~)) or an alternative oversight committee designated by the state legislature.

(4) Other agencies that administer natural resource based grant programs that may include fish passage barrier removal projects shall use fish passage selection criteria that are consistent with this section.

(5) The departments of transportation and fish and wildlife shall establish a centralized data base directory of all fish passage barrier information. The data base directory shall include, but is not limited to, existing fish passage inventories, fish passage projects, grant program applications, and other data bases. These data shall be used to coordinate and assist in habitat recovery and project mitigation projects.

NEW SECTION. Sec. 5. Sections 1 through 3 of this act expire July 1, 2003.