BP BHEAD INT H

AN ACT Relating to improving the management of shellfish protection districts; amending RCW 90.72.030, 90.72.040, and 90.72.070; adding new sections to chapter 90.72 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. In order to protect the interests of local communities and to provide greater accountability regarding the policy and funding decisions made by local authorities in the course of managing shellfish protection districts, the legislature finds it necessary to incorporate the management improvements contained in this act.

Sec. 2. RCW 90.72.030 and 1992 c 100 s 2 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 identified nonpoint pollution threatens the water quality upon which ((~~the continuation or restoration of~~)) shellfish farming or harvesting is dependent. The ((~~legislative authority~~)) commissioners elected pursuant to this chapter shall constitute the governing body of the district and shall adopt a shellfish protection program to be effective within the district. The ((~~legislative authority~~)) commissioners may appoint a local advisory council of citizens living within the district to advise the ((~~legislative authority~~)) commissioners in preparation and implementation of shellfish protection programs. This program ((~~shall~~)) may include any elements deemed appropriate to deal with the nonpoint pollution threatening water quality, including, but not limited to, requiring the elimination or decrease of contaminants in storm water runoff, establishing monitoring, inspection, and repair elements to ensure that on-site sewage systems are adequately maintained and working properly, assuring that animal grazing and manure management practices are 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~~)) shellfish protection district commissioners shall have full jurisdiction and authority to manage, regulate, and control ((~~its~~)) the shellfish protection 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 1992 c 100 s 3 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, with voter approval. A district may include any area or areas within the county, ((~~whether~~)) incorporated or unincorporated, where identified nonpoint pollution directly threatens the water quality upon which shellfish farming or harvesting is dependent. 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~~)) Shellfish protection district commissioners 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~~)) one hundred twenty days in which to secure on petition forms the signatures of not less than ((~~twenty-five~~)) ten 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) Within three years after a shellfish protection district is created pursuant to this section, and every three years thereafter for the duration of the district's existence, the county legislative authority shall put to the voters within the district the question of whether to continue the district. This question may be submitted to the voters by mail ballot as provided for in chapter 29.36 RCW. If the voters choose not to continue the district, the county legislative authority shall abolish the district at the earliest reasonable time but no later than six months after the election result. Any funds collected by the county legislative authority for the district's protection program must be used for the purposes of the protection program even if the district is abolished.

(4) The ((~~county legislative authority~~)) shellfish protection district commissioners 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:

If a shellfish protection district has been created, the county legislative authority shall provide for the election of three shellfish protection district commissioners. Candidates for these positions must be residents and registered voters living within the boundaries of the district. Candidates shall run for one of three separate commissioner positions. A special filing period shall be opened as provided in RCW 29.15.170 and 29.15.180. The person receiving the greatest number of votes for each position shall be elected to that position.

The newly elected shellfish protection district commissioners shall assume office immediately when they are elected and qualified. Staggering of the terms of office for the new commissioners shall be accomplished as follows: (1) The person who is elected receiving the greatest number of votes shall be elected to a three-year term of office; (2) the person who is elected receiving the next greatest number of votes shall be elected to a two-year term of office; and (3) the other person who is elected shall be elected to a one-year term of office. The terms of office shall be calculated from the first day of January in the year following the election.

Thereafter, commissioners shall be elected to three-year terms of office. Commissioners shall serve until their successors are elected and qualified and assume office in accordance with RCW 29.04.170 or until the district is abolished.

The commissioners shall annually elect one of their number as president and another as secretary. The commissioners shall by resolution adopt rules governing the transaction of its business. All proceedings shall be by resolution recorded in a book kept for that purpose, which shall be a public record.

Sec. 5. RCW 90.72.070 and 1992 c 100 s 6 are each amended to read as follows:

The ((~~county legislative authority establishing a shellfish protection district~~)) shellfish protection district commissioners may finance the protection program through (1) county tax revenues, (2) reasonable inspection fees and similar fees for services provided, (3) reasonable charges or rates specified in its protection program, or (4) federal, state, or private grants. Funds collected in the form of taxes, fees, charges, or rates for the purpose of financing the protection program shall not exceed two hundred thousand dollars per year. Any funds collected for the protection program must be used within fifteen months after collection. Funds collected for the protection program may not be used for any purpose other than the protection program, and the first priority for expenditure of these funds shall be for the inspection of failing septic systems. Funds may not be transferred between districts.

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 not be subject to fees, rates, or charges by a shellfish protection district. On those properties where rates, fees, or charges are assessed, the rate, fee, or charge shall be the same regardless of whether the property is publicly or privately owned. Counties may collect charges or rates in the manner determined by the county legislative authority.

At least every three years and more frequently if necessary, the shellfish protection district commissioners shall contract with qualified, independent professionals to conduct an impartial financial and performance audit of the district's programs. The audit may be paid for with funds collected under this section.

NEW SECTION. Sec. 6. A new section is added to chapter 90.72 RCW to read as follows:

The shellfish protection district commissioners shall conduct business regarding the shellfish protection district in an open manner pursuant to the open public meetings act, chapter 42.30 RCW. The commissioners shall conduct public meetings regarding the shellfish protection district at locations within the boundaries of the district.