2363-S.E AMS ENR S4230.2
ESHB 2363 - S COMM AMD
By Committee on Environment & Natural Resources
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1. A new section is added to chapter 90.72 RCW to read as follows:
The legislature finds that shellfish harvesting is important to our economy and way of life. Washington state is an international leader in the cultivation and production of shellfish. However, large portions of the state's productive recreational and commercial shellfish beds are closed to harvesting, and more are threatened, because of water pollution. The legislature finds that the problem of shellfish bed closures demands a public policy solution and that the state, local governments, and individuals must each take strong and swift action or this precious resource will be lost.
It is the goal of the legislature to prevent further closures of recreational and commercial shellfish beds, to restore water quality in saltwater tidelands to allow the reopening of at least one restricted or closed shellfish bed each year, and to ensure Washington state's commanding international position in shellfish production.
The legislature finds that failing on-site sewage systems and animal waste are the two most significant causes of shellfish bed closures over the past decade. Remedial actions at the local level are required to effectively address these problems.
The legislature finds that existing entities, including conservation districts and local health departments, should be used by counties to address the water quality problems affecting the recreational and commercial shellfish harvest.
The legislature finds that local action in each watershed where shellfish are harvested is required to protect this vital resource. The legislature hereby encourages all counties having saltwater tidelands within their boundaries to establish shellfish protection districts and programs designed to prevent any further degradation and contamination and to allow for restoration and reopening of closed shellfish growing areas."
"Sec. 2. RCW 90.72.030 and 1985 c 417 s 3 are each amended to read as follows:
The
legislative authority of each county having shellfish tidelands within its
boundaries is authorized to establish a shellfish protection district to
include areas in which nonpoint pollution threatens the water quality upon
which the continuation or restoration of
shellfish farming or harvesting is dependent. The
legislative authority shall constitute the governing body of the district and
shall adopt a shellfish protection program to be effective within the
district. The legislative authority may appoint a local advisory council to
advise the legislative authority in preparation and implementation of shellfish
protection programs. This program ((may)) shall include any
elements deemed appropriate to deal with the nonpoint
pollution ((threat)) threatening
water quality, including, but not limited to, requiring the
elimination or decrease of contaminants in storm water runoff, establishing
monitoring ((programs)), inspection, and repair elements to ((make
sure that septic drainfield)) ensure that on-site sewage systems are
adequately maintained and working properly ((and)), assuring that
animal grazing and manure management practices are ((appropriate))
consistent with best management practices, and establishing
educational and public involvement programs to inform citizens on the
causes of the threatening nonpoint pollution and what they can do to decrease
the amount of such pollution. An element may be omitted
where another program is effectively addressing those sources of nonpoint water
pollution. Within the limits of RCW 90.72.040 and 90.72.070, the county
legislative authority shall have full jurisdiction and authority to manage,
regulate, and control its programs and to fix, alter, regulate, and control the
fees for services provided and charges or rates as provided under those
programs. Programs established under this chapter, may, but are not required
to, be part of a system of sewerage as defined in RCW 36.94.010."
"Sec. 3. RCW 90.72.040 and 1985 c 417 s 4 are each amended to read as follows:
(1) The county legislative authority may create a shellfish protection district on its own motion or by submitting the question to the voters of the proposed district and obtaining the approval of a majority of those voting. The boundaries of the district shall be determined by the legislative authority. The legislative authority may create more than one district. A district may include any area or areas within the county, whether incorporated or unincorporated. Counties shall coordinate and cooperate with cities, towns, and water-related special districts within their boundaries in establishing shellfish protection districts and carrying out shellfish protection programs. Where a portion of the proposed district lies within an incorporated area, the county shall develop procedures for the participation of the city or town in the determination of the boundaries of the district and the administration of the district, including funding of the district's programs. The legislative authority of more than one county may by agreement provide for the creation of a district including areas within each of those counties. County legislative authorities are encouraged to coordinate their plans and programs to protect shellfish growing areas, especially where shellfish growing areas are located within the boundaries of more than one county. The legislative authority or authorities creating a district may abolish a shellfish protection district on its or their own motion or by submitting the question to the voters of the district and obtaining the approval of a majority of those voting.
(2) If the county legislative authority creates a shellfish protection district by its own motion, any registered voter residing within the boundaries of the shellfish protection district may file a referendum petition to repeal the ordinance that created the district. Any referendum petition to repeal the ordinance creating the shellfish protection district shall be filed with the county auditor within seven days of passage of the ordinance. Within ten days of the filing of a petition, the county auditor shall confer with the petitioner concerning form and style of the petition, issue an identification number for the petition, and write a ballot title for the measure. The ballot title shall be posed as a question so that an affirmative answer to the question and an affirmative vote on the measure results in creation of the shellfish protection district and a negative answer to the question and a negative vote on the measure results in the shellfish protection district not being created. The petitioner shall be notified of the identification number and ballot title within this ten-day period.
After this notification, the petitioner shall have thirty days in which to secure on petition forms the signatures of not less than twenty-five percent of the registered voters residing within the boundaries of the shellfish protection district and file the signed petitions with the county auditor. Each petition form shall contain the ballot title and full text of the measure to be referred. The county auditor shall verify the sufficiency of the signatures on the petitions. If sufficient valid signatures are properly submitted, the county auditor shall submit the referendum measure to the registered voters residing in the shellfish protection district in a special election no later than one hundred twenty days after the signed petition has been filed with the county auditor. The special election may be conducted by mail ballot as provided for in chapter 29.36 RCW.
(3) The county legislative authority shall not impose fees, rates, or charges for shellfish protection district programs upon properties on which fees, rates, or charges are imposed to pay for another program to eliminate or decrease contamination in storm water runoff."
"NEW SECTION. Sec. 4. A new section is added to chapter 90.72 RCW to read as follows:
The county legislative authority shall create a shellfish protection district and establish a shellfish protection program to address causes of pollution within one hundred eighty days after the department of health, because of water quality degradation due to ongoing nonpoint sources of pollution, has, after the effective date of this act, closed or downgraded the classification of a recreational or commercial shellfish growing area within the boundaries of the county."
"NEW SECTION. Sec. 5. A new section is added to chapter 90.72 RCW to read as follows:
Within available funding and as specified in the shellfish protection program, counties creating shellfish protection districts shall contract with conservation districts to draft plans with landowners to control pollution effects of animal waste."
"Sec. 6. RCW 90.72.070 and 1985 c 417 s 7 are each amended to read as follows:
The
county legislative authority establishing a shellfish protection district may
finance the protection program through (1) ((its)) county tax
revenues, (2) reasonable inspection fees and similar
fees ((or)) for services provided, (3) reasonable charges or
rates specified in its protection program, or (((3))) (4)
federal, state, or private grants. Confined animal feeding
operations subject to the national pollutant discharge elimination system and
implementing regulations shall not be subject to fees, rates, or charges by a
shellfish protection district. Facilities permitted and assessed fees for wastewater
discharge under the national pollutant discharge elimination system shall not
be subject to fees, rates, or charges for wastewater discharge by a shellfish
protection district. Lands classified as forest land under chapter 84.33 RCW
and timber land under chapter 84.34 RCW shall be subject to a lesser fee, rate,
or charge by a shellfish protection district. Counties may collect charges or
rates in the manner determined by the county legislative authority."
"NEW SECTION. Sec. 7. A new section is added to chapter 90.72 RCW to read as follows:
Counties that have formed shellfish protection districts shall receive high priority for state water quality financial assistance to implement shellfish protection programs, including grants and loans provided under chapters 43.99F, 70.146, and 90.50A RCW."
"NEW SECTION. Sec. 8. A new section is added to chapter 88.36 RCW to read as follows:
The commission shall seek to provide the most cost efficient and accessible facilities possible for reducing the amount of boat waste entering the state's waters. The commission shall consider providing funding support for portable pumpout facilities in this effort."
"NEW SECTION. Sec. 9. The following acts or parts of acts are each repealed:
(1) RCW 90.72.010 and 1985 c 417 s 1; and
(2) RCW 90.72.050 and 1985 c 417 s 5."
"Sec. 10. RCW 82.49.030 and 1991 sp.s. c 16 s 925 are each amended to read as follows:
(1) The excise tax imposed under this chapter is due and payable to the department of licensing or its agents at the time of registration of a vessel. The department of licensing shall not issue or renew a registration for a vessel until the tax is paid in full.
(2) The excise tax collected under this chapter shall be deposited in the general fund.
(3) ((For the 1993‑95 fiscal biennium)) Until June 30, 1999, the watercraft excise tax revenues exceeding five million dollars in each fiscal year, but not exceeding six million dollars((, may, subject to appropriation by the legislature,)) shall be used for the purposes specified in RCW 88.36.100."
"NEW SECTION. Sec. 11. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."
ESHB 2363 - S COMM AMD
By Committee on Environment & Natural Resources
On page 1, line 2 of the title, after "tidelands;" strike the remainder of the title and insert "amending RCW 90.72.030, 90.72.040, 90.72.070, and 82.49.030; adding new sections to chapter 90.72 RCW; adding a new section to chapter 88.36 RCW; and repealing RCW 90.72.010 and 90.72.050."