BP BHEAD INT S

AN ACT Relating to salmon protection districts; and adding a new chapter to Title 75 RCW.

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

NEW SECTION. Sec. 1. The legislative authority of each county containing a salmon fishery within its boundaries is authorized to establish a salmon protection district to include areas in which nonpoint pollution or loss of habitat threatens the water quality upon which the continuation or restoration of the salmon fishery is dependent. The legislative authority shall constitute the governing body of the district and shall adopt a salmon 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 salmon protection programs. This program shall 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, providing for habitat protection or restoration programs, and establishing educational and public involvement programs to inform citizens on the causes of the threatening nonpoint pollution or habitat loss and what they can do to decrease the amount of such pollution or loss of habitat. An element may be omitted if another program is effectively addressing those sources of nonpoint water pollution or habitat loss. Within the limits of sections 2 and 5 of this act, 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.

NEW SECTION. Sec. 2. (1) The county legislative authority may create a salmon 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 salmon protection districts and carrying out salmon protection programs. If 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 the counties. County legislative authorities are encouraged to coordinate their plans and programs to protect salmon growing, spawning, and fishing areas, especially where salmon growing, spawning, and fishing areas are located within the boundaries of more than one county. The legislative authority or authorities creating a district may abolish a salmon 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 salmon protection district by its own motion, any registered voter residing within the boundaries of the salmon protection district may file a referendum petition to repeal the ordinance that created the district. Any referendum petition to repeal the ordinance creating the salmon protection district must 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 salmon protection district and a negative answer to the question and a negative vote on the measure results in the salmon 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 salmon 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 salmon 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.

NEW SECTION. Sec. 3. Whenever a governmental entity makes a decision that addresses a matter in which there is a conflict between (1) on the one hand, a proposed development, proposed change in land use controls, or proposed change in the provision of utility services; and (2) on the other hand, the long-term use of an area for a salmon fishery, which area is within the boundaries of a salmon protection district, then the governmental entity making the decision must observe the requirements of chapter 43.21C RCW and county ordinances or resolutions integrating the state environmental policy act of 1971 into the various programs under county jurisdiction.

NEW SECTION. Sec. 4. Within available funding and as specified in the salmon protection program, counties creating salmon protection districts shall contract with conservation districts to draft plans with landowners to control pollution effects of animal waste.

NEW SECTION. Sec. 5. The county legislative authority establishing a salmon protection district 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. 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 salmon 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 salmon 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 salmon protection district. Counties may collect charges or rates in the manner determined by the county legislative authority.

NEW SECTION. Sec. 6. Counties that have formed salmon protection districts shall receive high priority for state water quality financial assistance to implement salmon protection programs, including grants and loans provided under chapters 43.99F, 70.146, and 90.50A RCW.

NEW SECTION. Sec. 7. This chapter shall not be considered as diminishing or affecting the authority of a county to adopt and enforce programs or controls, within all or a portion of the county, to deal with nonpoint pollution.

NEW SECTION. Sec. 8. Sections 1 through 7 of this act shall constitute a new chapter in Title 75 RCW.