BP BHEAD INT S [atlas:bill]

AN ACT Relating to acquiring and maintaining conservation areas; amending RCW 82.45.060; adding a new section to chapter 82.45 RCW; adding a new section to chapter 43.99 RCW; providing an effective date; and declaring an emergency.

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

Sec. 1. RCW 82.45.060 and 1987 c 472 s 14 are each amended to read as follows:

(1) There is imposed an excise tax upon each sale of real property at the rate of one and twenty-eight one-hundredths percent of the selling price.

(2) An amount equal to seven and seven-tenths percent of the proceeds of ((~~this~~)) the tax imposed under subsection (1) of this section to the state treasurer shall be deposited in the public works assistance account created in RCW 43.155.050.

(((2) There is imposed an additional excise tax through June 30, 1989, upon each sale of real property at the rate of six one-hundredths of one percent of the selling price. The tax imposed under this subsection shall be deposited in the conservation area account under RCW 79.71.110.))

(3) From the proceeds of the tax imposed under subsection (1) of this section, an amount equal to one-half of one percent of the selling price shall be used according to section 2 of this act.

NEW SECTION. Sec. 2. A new section is added to chapter 82.45 RCW to read as follows:

(1) The proceeds of the tax authorized under RCW 82.45.060(3) shall be used exclusively for the acquisition of a less than fee simple interest in conservation areas and maintenance of conservation areas by state agencies or counties.

The tax does not apply to the acquisition of an interest in conservation areas by the state or a county, city, town, or park district.

(2) The treasurer of each county shall distribute the receipts from the tax imposed under this section to the state treasurer who shall place the moneys into the conservation lands account created under section 3 of this act.

(3) As used in this section, "conservation area" has the meaning given under RCW 36.32.570.

NEW SECTION. Sec. 3. A new section is added to chapter 43.99 RCW to read as follows:

The conservation lands account is created in the state treasury. Moneys received by the state treasurer from collections of the excise tax on real estate sales, authorized under RCW 82.45.060(3), shall be deposited into the conservation lands account and may be spent only after appropriation. Expenditures from the account may be used by the interagency committee for outdoor recreation only for preparing a conservation areas plan and administering and awarding grants to state agencies or counties to acquire less than fee simple interests in conservation areas, as defined in RCW 36.32.570, except that not more than one percent of amounts administered by the committee may be used for planning and program administration. If sufficient eligible applications are received from counties, at least fifty percent of the funds shall be expended as grants to counties.

In cooperation with other state agencies, the interagency committee for outdoor recreation shall adopt and periodically update a plan identifying conservation areas in which the state is to acquire interests, and shall award grants for the acquisition of interests in these identified conservation areas to state agencies, including, but not limited to, the department of fish and wildlife, the department of natural resources, and the state parks and recreation commission. The first priority for these expenditures shall be to acquire interests in conservation areas that are wetlands or agricultural lands.

In addition, the interagency committee for outdoor recreation shall adopt and periodically update criteria for the awarding of grants to counties. To be eligible for a grant, the county legislative authority must have imposed and be collecting to the maximum extent under law the conservation tax under RCW 84.34.230 and must have adopted a plan for the expenditure of the grant proceeds. The plan shall be periodically updated. Prior to the adoption or alteration of this plan, the elected officials of cities and towns located within the county shall be consulted and a public hearing shall be held to obtain public input. The first priority for these plans must be the acquisition of interests in conservation areas that are wetlands or agricultural lands. The proceeds of the grant must be expended in conformance with this plan.

Before November 1st of each year, the committee shall develop and submit to the chairs of the ways and means committees of the senate and house of representatives a description of the grants made under this section during the preceding fiscal year and a prioritized list of acquisitions that are recommended for funding by the legislature, including one copy to the staff of each of the committees. The list shall include, but not be limited to, a description of each acquisition, the terms and conditions of the grant, the state agency or local government jurisdiction, demonstration of the agency's or local jurisdiction's need for the acquisition, and documentation of local conservation taxes being used to finance the acquisition. The legislature may remove acquisitions from the list recommended by the committee. The legislature shall not change the order of the priorities recommended for funding by the committee.

The interagency committee for outdoor recreation shall coordinate its efforts with counties that are acquiring and maintaining conservation areas under this section.

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 takes effect July 1, 1997.