BP BHEAD INT S

AN ACT Relating to coordinated water resources programs; adding a new section to chapter 43.155 RCW; adding a new section to chapter 70.146 RCW; adding a new section to chapter 90.50A RCW; adding new sections to chapter 36.70A RCW; and creating new sections.

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

NEW SECTION. Sec. 1. The legislature makes the following findings:

(1) Federal agencies, state agencies, counties, cities, Indian tribes, and special districts are all engaged in a multitude of planning and management efforts designed to protect and enhance the quality and quantity of water within the state;

(2) The growth management act sets broad goals for counties and cities to develop comprehensive plans for sustainable economic development, environmental protection, and provision of adequate capital facilities but fails to provide direction for integrating water resources planning and policy with growth planning efforts;

(3) The Chelan Agreement establishes a cooperative process that may be useful for coordinating comprehensive water resources management with growth management planning;

(4) Implementation of the growth management act and ongoing water resources planning and management efforts should support each other and be logically consistent;

(5) Steadily increasing population within the state and the distressed condition of anadromous fisheries both require intensive planning and management to ensure adequate quality and quantity of water resources for human populations and the integrity of ecosystems;

(6) New federal and state regulatory requirements for managing storm water, protecting drinking water supply, and managing other aspects of water resources increase the need for counties to integrate planning and management activities involving both land use and water resources;

(7) Efforts should be made to combine financial resources for planning, capital expenditures, facility operations and maintenance, water quality monitoring, and public education at the state and local level and to eliminate waste and duplication in planning and management of water resources;

(8) As the subdivision of state government responsible for adopting county-wide planning policies, counties are well-suited to coordinate and, where appropriate, consolidate governmental water resources planning and management efforts on a watershed or island-wide basis in order to ensure local accountability, consistency with growth planning activities, protection of the public health and the environment, and maximize public participation, in the most effective and cost-efficient manner; and

(9) Existing state and local financial resources and financing mechanisms are inadequate for counties to efficiently and effectively plan for and participate in the management of water resources.

NEW SECTION. Sec. 2. The purpose of this act is to encourage coordination of state, local, and tribal programs involving water resources planning, management, permitting, and funding on a watershed or island-wide basis, and to encourage consolidation of these efforts where appropriate. The coordinated program established in this act is intended to emphasize local accountability, consistency with growth planning activities, and protection of the public health and the environment in a cost-efficient manner.

NEW SECTION. Sec. 3. DEFINITIONS. Unless the context clearly requires otherwise, as used in sections 3 through 7, 12, and 13, and sections 8, 9, and 10 of this act, "water resources" shall be broadly construed to mean and include surface water, ground water, marine waters, and the general aquatic ecosystem, and includes activities involving water quality, wetlands, and the riparian zone.

NEW SECTION. Sec. 4. COORDINATED WATER RESOURCES PROGRAM--ESTABLISHMENT. (1) A county or counties that are required to or choose to plan under RCW 36.70A.040 may assume the responsibility for coordinating the planning and management of some or all water resources on a watershed or island-wide basis within all or a portion of the county or counties, consistent with the policies and goals of this chapter and those purposes, policies, and goals of the state regarding water resources specified elsewhere in statute, including but not limited to the purposes, policies, and goals set forth in RCW 90.54.010, 90.54.020, 90.03.005, 90.48.010, and 90.58.020. Action taken by a county that is required to or chooses to plan under RCW 36.70A.040 to coordinate the planning and management of water resources shall be known as a coordinated water resources program.

(2)(a) The legislative authority of any county that is required to or chooses to plan under RCW 36.70A.040 may by resolution establish a coordinated water resources program. The purpose of a coordinated water resources program is the development of an efficient and effective system of protecting, preserving, rehabilitating, enhancing, and managing, on a watershed or island-wide basis, the water resources located within all or part of a county or counties. The boundaries of a watershed shall be agreed upon by the participants in the process.

(b) A county legislative authority proposing to establish a coordinated water resources program shall consult with affected cities, tribes, and special districts in developing its proposal before scheduling the proposal for a public hearing. The county, in cooperation with the affected cities, tribes, and special districts shall conduct at least one public hearing on the proposal. Notice of the hearing shall be published at least once, not less than ten days before the hearing, in a newspaper of general circulation within the area of the proposed coordinated water resources program. The public hearing may be continued to other times, dates, and places announced at the hearing, without publication of the continuance. At the public hearing, the county legislative authority shall hear objections and comments from anyone interested in the proposal to establish the program.

(3)(a) A county or counties establishing a coordinated water resources program is encouraged to use the cooperative process established by the Chelan Agreement to reach agreement on determining the boundaries of the watersheds to be addressed and how to coordinate the planning and management of water resources within one or more watersheds or upon one or more islands.

(b) At a minimum, a county or counties coordinating the planning and management of water resources on a watershed or island-wide basis within all or a portion of the county or counties shall work with the department of ecology, the department of health, affected Indian tribes, the local health department or district, affected cities within the watershed or upon the island, and special districts within the watershed or upon the island to determine how coordination of the planning and management of water resources within the watershed or upon the island shall occur. If a watershed is located in more than one county, each of the counties in which the watershed is located should participate in the coordinated effort described in this section, regardless of whether all of the counties are required to or choose to plan under RCW 36.70A.040.

(c) Where appropriate, a county planning under this section shall invite the participation of the Puget Sound water quality authority in developing the coordinated water resources program.

(d) A county planning under this section should invite the participation of the department of natural resources, department of fisheries, department of wildlife, other interested state agencies, relevant agencies of the federal government, and other public and private interested parties.

(e) After convening the necessary parties and agreeing upon the boundaries of the watersheds or islands included in the coordinated water resources program, the county legislative authority shall by resolution or ordinance describe the boundaries of the coordinated water resources program, and to the extent possible, describe its scope and the plan for coordinated planning and management of water resources within its boundaries.

(4) Establishment of a coordinated water resources program shall not be construed as requiring the transfer of duties or responsibilities from any established state, local, city, or tribal program or from any district that exists that addresses water resource management. However, a county establishing a coordinated water resources program shall evaluate existing programs and districts it has established for the management of water resources and determine whether any should be eliminated. The participants in the program also shall evaluate whether other existing programs or districts should be eliminated or consolidated to eliminate duplication of services or improve efficient management of water resources.

NEW SECTION. Sec. 5. COORDINATED WATER RESOURCES PROGRAM. (1) Under a coordinated water resources program a county may consolidate, combine, or otherwise coordinate its planning and management activities that occur within the watershed or upon the island:

(a) Inventorying, researching, measuring, and ranking the quantity and quality of subterranean waters and bodies of water;

(b) Preparing and administering a coordinated program to protect, preserve, rehabilitate, and manage ground water and bodies of water, and to control and treat surface water, including but not limited to, point and nonpoint water pollution abatement programs and activities;

(d) Establishing a coordinated system of rates, charges, and assessments, as authorized under this chapter or any other specific law relating to these policies that a county is authorized to adopt;

(e) Encouraging public participation and providing educational programs related to the protection, preservation, rehabilitation, and management of ground water and bodies of water, including, but not limited to programs related to household hazardous and dangerous wastes, aquifer protection, and wellhead protection;

(f) Providing technical and financial assistance for public water systems;

(g) Cooperating with other units of state and local government and engaging in joint programs and projects;

(h) Providing assistance to conservation districts to perform activities related to protecting and restoring water quality and quantity; and

(i) Providing assistance to the local health district in carrying out its functions in protecting water supplies, including monitoring the installation, and inspection and maintenance of on-site sewage disposal systems.

(2) The authorities and responsibilities of a county that may be included in a coordinated water resources program include, but are not limited to, the following authorities and responsibilities granted to counties and boards of health:

(a) Protecting the public health and safety, including, but not limited to, the authority granted in Article XI, section 11 of the state Constitution and RCW 36.32.120 and 70.05.050;

(b) All public health powers delegated to counties and boards of health by the state or federal governments;

(c) Regulating potable water systems and protecting potable water systems from point or nonpoint pollution, including, but not limited to, the powers provided under chapters 70.119A and 43.20 RCW;

(d) Regulating on-site sewage disposal systems, as provided in chapter 70.118 RCW;

(e) Declaring and abating public nuisances causing harm to or threatening subterranean bodies of water, including those public nuisances enumerated under RCW 7.48.140 and 35.88.030;

(f) Implementing plans and rules to protect the water quality of Puget Sound and other bodies of water, including plans adopted under chapter 90.70 RCW;

(g) Establishing aquifer protection areas, as provided in chapter 36.36 RCW;

(h) Establishing lake management districts, as provided in chapter 36.61 RCW;

(i) Establishing shellfish protection districts and programs, as provided in chapter 90.72 RCW;

(j) Engaging in flood control, drainage control, and storm water control activities, as authorized in chapters 86.12 and 86.13 RCW;

(k) Providing systems of sewerage, sewerage utilities, systems of water and water utilities, and surface water systems, as authorized in chapter 36.94 RCW;

(l) Establishing a storm water utility and providing storm water control programs and facilities, as provided in chapters 36.89 and 36.94 RCW;

(m) Identifying and monitoring ground water systems and engaging in ground water management programs, as provided in chapter 90.44 RCW;

(n) Establishing critical water supply service areas and identifying satellite system management agencies, as provided in chapter 70.116 RCW;

(o) Engaging in water pollution control activities relating to both point and nonpoint water pollution;

(p) Enforcing laws relating to water and water quality, including, but not limited to RCW 90.54.010 through 90.54.030;

(q) Regulating watercourses, as provided in RCW 36.32.280 through 36.32.300;

(r) Exercising powers under the water quality joint development act, chapter 70.150 RCW;

(s) Undertaking activities designed to protect wellheads;

(t) Development and implementation of a coordinated water system plan, under the authority of chapter 70.119 RCW;

(u) Identification and protection of wetlands as required under RCW 36.70A.060(2);

(v) Identification and protection of critical aquifer recharge areas as required under RCW 36.70A.060(2);

(w) Identification and protection of fish and wildlife habitat areas as required under RCW 36.70A.060(2);

(x) Identification and protection of frequently flooded areas as required under RCW 36.70A.060(2);

(y) Receivership responsibility for public water systems under chapter 43.70 RCW, if no other person is willing and able to be named as receiver; and

(z) Planning and regulation of shorelines under chapter 90.58 RCW.

(3) A coordinated water resources program may also address, with the joint agreement of the county and the appropriate unit of state government:

(a) The role of a county in the review of water rights applications;

(b) The role of a county in the review or issuance of hydraulics permits;

(d) Other functions of the department of ecology, the department of health, or other state agencies that may be delegated to a county to improve efficiency in the planning and management of water resources.

NEW SECTION. Sec. 6. COORDINATED WATER RESOURCES DISTRICTS. (1) A county or counties that have established a coordinated water resources program may by ordinance establish a coordinated water resources district or districts based on the boundaries of the program, or the watersheds or islands that comprise the boundaries of the program, for the purpose of financing the local elements of the coordinated water resources program. Where the district includes territory located within a city or town, the county shall coordinate and cooperate with the city or town in establishing the district, in establishing and collecting fees or charges to be collected within the incorporated area, and in carrying out the elements of the coordinated water resources program within the city or town.

(2) The coordinated water resources district may finance the local elements of the coordinated water resources program through any combination of:

(a) Tax revenues;

(b) Inspection fees and similar fees for services performed;

(d) Federal, state, or private grants.

(3) Any charges, rates, or fees established to finance a coordinated water resources program shall be reasonably related to the benefits to be received and the harms to be prevented by the properties within the watershed or upon the island. The ordinance establishing the district may specify a maximum percentage of any charges, rates, or fees that may be used for the purposes of planning and public education.

(4) The county or counties may contract with existing public utilities to collect the fees or charges, or collect the fees or charges itself. The level of fees for the district may be established at a reduced level upon the residential property of a class or classes of low-income persons. No other charge, rate, or fee may be assessed within the boundaries of the district or districts for an element of the coordinated water resources program that is funded through a charge, rate, or fee imposed by the district.

NEW SECTION. Sec. 7. WATER RESOURCES REVENUE. (1) A county, city, or special district may authorize up to five percent of existing revenues collected within the watershed from sources identified in section 5(2) of this act or other water resources revenue sources to establish a coordinated water resources district, watershed planning, public education and participation, and coordination of management within the watershed.

(2) No city or special district may impose an additional tax or fee on services provided outside its boundaries for the purposes in subsection (1) of this section without the approval of the general purpose government in whose jurisdiction the property is located or the service provided.

NEW SECTION. Sec. 8. A new section is added to chapter 43.155 RCW as follows:

The department of community development shall give priority in awarding grants or loans from the public works trust fund to applicants participating in implementing elements of a coordinated water resources program.

NEW SECTION. Sec. 9. A new section is added to chapter 70.146 RCW to read as follows:

The department of ecology shall give priority in awarding grants or loans from the water quality account to applicants participating in implementing elements of a coordinated water resources program.

NEW SECTION. Sec. 10. A new section is added to chapter 90.50A RCW to read as follows:

The department of ecology shall give priority in awarding grants or loans from the water pollution control revolving fund to applicants participating in implementing elements of a coordinated water resources program.

NEW SECTION. Sec. 11. The office of financial management shall work with the department of ecology, the department of health, and the department of community development to develop a proposal (1) to combine current funding sources available for local governments to engage in a coordinated water resources program and (2) to provide new state matching funds for counties that implement a coordinated water resources program. The proposal shall be submitted to the legislature by November 1, 1993.

NEW SECTION. Sec. 12. State agencies shall coordinate planning, permitting, and management activities in those watersheds or upon those islands in which a county or counties have established a coordinated water resources program.

NEW SECTION. Sec. 13. Sections 3 through 7 and 12 of this act shall not be construed to reduce or eliminate any existing authority of any state agency or any Indian tribe.

NEW SECTION. Sec. 14. Captions used in sections 3 through 7 of this act do not constitute any part of the law.

NEW SECTION. Sec. 15. Sections 3 through 7, 12, and 13 of this act are each added to chapter 36.70A RCW.