H-2428.1          _______________________________________________

                         SECOND SUBSTITUTE HOUSE BILL 1617

                  _______________________________________________

State of Washington              54th Legislature             1995 Regular Session

By House Committee on Capital Budget (originally sponsored by Representatives McMorris, Pelesky, Fuhrman, L. Thomas, Pennington, Schoesler, McMahan, Buck, Silver, Hankins, Chandler, Sheahan, Goldsmith, Mulliken, Johnson, Thompson, Skinner, Casada, Sherstad, Delvin, Lambert, Koster, D. Schmidt, Stevens, Hargrove, Van Luven, Smith, Horn, Boldt, Talcott, Huff, Sheldon, Elliot, Brumsickle, Mielke, Reams, Carrell, Backlund, Campbell, Crouse, Lisk, Cairnes, Padden, Clements, Dyer, B. Thomas, Mastin and Benton)

Read first time 03/06/95.

Establishing a moratorium on the acquisition of habitat conservation and outdoor recreation lands.

     AN ACT Relating to the acquisition of habitat conservation and outdoor recreation lands; amending RCW 43.98A.030 and 43.98A.040; creating a new section; and declaring an emergency.

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

NEW SECTION. Sec. 1.  It is the purpose of this act to establish a moratorium on the acquisition of lands for natural areas and critical habitat by state agencies through the Washington wildlife and recreation program.

     Sec. 2.  RCW 43.98A.030 and 1990 1st ex.s. c 14 s 4 are each amended to read as follows:

     (1) Except as provided in subsection (6) of this section, moneys appropriated for this chapter shall be divided equally between the habitat conservation and outdoor recreation accounts and shall be used exclusively for the purposes specified in this chapter.

     (2) Moneys deposited in these accounts shall be invested as authorized for other state funds, and any earnings on them shall be credited to the respective account.

     (3) All moneys deposited in the habitat conservation and outdoor recreation accounts shall be allocated under RCW 43.98A.040 and 43.98A.050 as grants to state or local agencies for acquisition, development, and renovation within the jurisdiction of those agencies, subject to legislative appropriation.  The committee may use or permit the use of any funds appropriated for this chapter as matching funds where federal, local, or other funds are made available for projects within the purposes of this chapter.

     (4) Projects receiving grants under this chapter that are developed or otherwise accessible for public recreational uses shall be available to the public on a nondiscriminatory basis.

     (5) The committee may make grants to an eligible project from both the habitat conservation and outdoor recreation accounts and any one or more of the applicable categories under such accounts described in RCW 43.98A.040 and 43.98A.050.

(6) For the 1995-1997 biennium, moneys appropriated for this chapter shall be divided as follows:  Twenty percent of the moneys appropriated shall be deposited in the habitat conservation account, and the remainder shall be deposited in the outdoor recreation account.

     Sec. 3.  RCW 43.98A.040 and 1990 1st ex.s. c 14 s 5 are each amended to read as follows:

     (1) Except as provided in subsection (5) of this section, moneys appropriated for this chapter to the habitat conservation account shall be distributed in the following way:

     (a) Not less than thirty-five percent for the acquisition and development of critical habitat;

     (b) Not less than twenty percent for the acquisition and development of natural areas;

     (c) Not less than fifteen percent for the acquisition and development of urban wildlife habitat; and

     (d) The remaining amount shall be considered unallocated and shall be used by the committee to fund high priority acquisition and development needs for critical habitat, natural areas, and urban wildlife habitat.

     (2) In distributing these funds, the committee retains discretion to meet the most pressing needs for critical habitat, natural areas, and urban wildlife habitat, and is not required to meet the percentages described in subsection (1) of this section in any one biennium.

     (3) Only state agencies may apply for acquisition and development funds for critical habitat and natural areas projects under subsection (1) (a), (b), and (d) of this section.

     (4) State and local agencies may apply for acquisition and development funds for urban wildlife habitat projects under subsection (1) (c) and (d) of this section.

(5) All new moneys originally appropriated for the 1995-1997 fiscal biennium from the habitat conservation account shall be used for the acquisition and development of urban wildlife.

NEW SECTION. Sec. 4.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.

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