H-4664

AN ACT Relating to the establishment of an account for the operation and maintenance of state-owned fish and wildlife habitat, natural areas such as natural area preserves and natural resource conservation areas, parks, and other recreation lands; adding a new chapter to Title 43 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. SHORT TITLE. This chapter shall be known as the state wildlife and recreation lands management act.

NEW SECTION. Sec. 2. FINDINGS AND PURPOSE. (1) The legislature finds that:

(a) The state of Washington owns and maintains a wide variety of fish and wildlife habitat, natural areas, parks, and other recreation lands;

(b) The state of Washington is responsible for managing these lands for the benefit of the citizens, wildlife, and other natural resources of the state;

(c) The state of Washington has recently significantly enhanced its efforts to acquire critical habitat, natural areas, parks, and other recreation lands and to transfer suitable lands from school trust to conservation and park purposes;

(d) Recent unprecedented population growth has greatly increased the threat to the state's fish and wildlife habitat and the demands placed on the lands under (a) of this subsection;

(e) The importance of this habitat and these lands to the state is continuing to increase as more people depend on them to satisfy their needs and more plant and animal species require state-owned lands for their survival;

(f) By itself, public ownership cannot guarantee that resources will be protected, or that appropriate recreational opportunities will be provided;

(g) Only through ongoing, responsible management can fish and wildlife habitat, sensitive ecosystems, and recreational values be protected;

(h) The operation and maintenance funding for state-owned fish and wildlife habitat, natural areas, parks, and other recreation lands has not kept pace with increasing demands placed upon such lands;

(i) Many needed operation and maintenance projects have been deferred due to insufficient funding, resulting in increased costs when the projects are finally undertaken; and

(j) An increase in operation and maintenance funding is necessary to bring state-owned lands and facilities up to acceptable standards and to protect the state's investment in its fish and wildlife habitat, natural areas, parks, and other recreation lands.

(2) Therefore, it is the policy of the state to provide adequate and continuing funding for operation and maintenance needs of state-owned fish and wildlife habitat, natural areas, parks, and other recreation lands to protect the state's investment in such lands, and it is the purpose of this chapter to create a mechanism for doing so.

NEW SECTION. Sec. 3. DEFINITIONS. The definitions set forth in this section apply throughout this chapter.

(1) "Basic stewardship" means the costs associated with holding and protecting property to maintain the functions for which the property was acquired. It includes, but is not limited to, costs associated with statutorily required in-lieu property taxes, weed and pest control, fire protection, fence maintenance, cultural and archaeological site protection, basic research related to maintenance of natural area preserves and natural resource conservation areas, basic resource and environmental protection, and meeting applicable legal requirements.

(2) "Improved or developed resources" means the costs associated with the built or manipulated environment. It includes, but is not limited to, costs associated with maintaining buildings, grounds, roads, trails, water access sites, and utility systems. Also included are improvements to habitat such as bank stabilization, range rehabilitation, and food and water sources.

(3) "Human use management" means the costs associated with visitor management, education, and protection.

(4) "Administration" means state agency costs necessary to support subsections (1) through (3) of this section. It includes, but is not limited to, budget and accounting, personnel support services, volunteer programs, and training.

NEW SECTION. Sec. 4. STATE WILDLIFE AND RECREATION LANDS MANAGEMENT ACCOUNT. There is created the state wildlife and recreation lands management account in the state treasury.

(1) Moneys accumulated under this chapter shall be used exclusively for the purposes specified in this chapter. Those purposes are to support operation and maintenance activities and costs associated with owning and managing state fish and wildlife habitat, natural areas such as natural area preserves and natural resource conservation areas, parks, and other recreation lands and include:

(a) Basic stewardship;

(b) Improved or developed resources;

(d) Administration.

Land acquisition, facility development or replacement, major renovation projects, improvement or rehabilitation projects normally funded through the capital budget, and operation and maintenance of state fish hatcheries are excluded.

(2) No expenditures may be made from this account without legislative appropriation.

NEW SECTION. Sec. 5. ALLOCATION AND DISTRIBUTION OF MONEYS. (1) Moneys appropriated for this chapter from the state wildlife and recreation lands management account shall be expended in the following manner:

(a) Not less than thirty percent for basic stewardship;

(b) Not less than twenty percent for improved or developed resources;

(d) Not more than fifteen percent for administration.

(e) The remaining twenty to thirty-five percent shall be considered unallocated.

(2) In the event that moneys appropriated for this chapter to the state wildlife and recreation lands management account under the initial allocation prove insufficient to meet basic stewardship needs, the unallocated amount shall be used to fund basic stewardship needs.

(3) Each eligible agency is not required to meet this specific percentage distribution. However, funding across agencies should meet these percentages during each biennium.

(4) It is intended that moneys disbursed from this account not replace existing operation and maintenance funding levels from other state sources.

(5) Agencies eligible to receive funds from this account are the departments of fisheries, natural resources, and wildlife, and the state parks and recreation commission.

(6) Moneys appropriated for this chapter from the state wildlife and recreation lands management account shall be distributed in the following manner:

(a) Not less than twenty-five percent to the state parks and recreation commission.

(b) Not less than twenty-five percent to the department of natural resources.

(d) The remaining funds shall be allocated to eligible agencies based upon an evaluation of remaining unfunded needs.

(7) The office of financial management shall review eligible state agency requests and make recommendations on the allocation of funds provided under this chapter as part of the governor's operating budget request to the legislature.

NEW SECTION. Sec. 6. STATE WILDLIFE AND RECREATION LANDS MANAGEMENT TASK FORCE. (1) A state wildlife and recreation lands management task force is hereby created to develop recommendations regarding a new long-term funding source or sources to meet the requirements of this chapter. The task force shall investigate possible opportunities for the use of future appropriations for habitat conservation and outdoor recreation lands under chapter 43.98A RCW in meeting major operations and maintenance funding needs. The task force shall also report on funding needed to assist counties with the required police, fire protection, and other local services provided to protect state-owned fish and wildlife habitat, natural areas, parks, and other recreation lands.

(2)(a) The task force shall be composed of seven voting members, appointed by the governor, representing different regions of the state.

(b) The task force shall include as ex officio, nonvoting members, one member from each of the departments of fisheries, wildlife, and natural resources, the state parks and recreation commission, and the office of financial management appointed by the respective directors.

(3) The chair of the task force shall be a citizen member and shall be chosen by the governor.

(4) The task force appointments shall be made by May 15, 1992.

(5) The task force shall provide for public involvement in the development of the recommendations.

(6) The interagency committee for outdoor recreation and the office of financial management shall provide staff support and technical assistance to the task force. All participant agencies and the department of revenue shall cooperate in the development of the recommendations and shall provide relevant information as needed.

(7) A report and recommendations shall be submitted to the governor and standing committees of the legislature by September 15, 1992.

NEW SECTION. Sec. 7. SEVERABILITY. 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.

NEW SECTION. Sec. 8. CAPTIONS NOT LAW. Section headings as used in this act do not constitute any part of the law.

NEW SECTION. Sec. 9. Sections 1 through 5 and 7 of this act shall constitute a new chapter in Title 43 RCW.