BP BHEAD INT S [atlas:bill]

AN ACT Relating to eliminating fish passage barriers; amending RCW 75.50.160; adding a new section to chapter 75.50 RCW; adding a new section to chapter 79.38 RCW; creating new sections; making an appropriation; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature finds and declares that:

(1) There are over two thousand barriers to fish passage at road crossings throughout the state, blocking fish access to as much as three thousand linear miles of freshwater spawning and rearing habitat;

(2) Correcting barriers to fish passage can be a cost-effective way of restoring habitat for threatened and endangered salmon and steelhead populations; and

(3) There is a need to address known priority barriers immediately, and over time, develop a comprehensive system to inventory and prioritize barriers on a state-wide basis.

Sec. 2. RCW 75.50.160 and 1997 c 389 s 6 are each amended to read as follows:

(1) The department and the department of transportation shall convene a fish passage barrier removal task force. The task force shall consist of one representative each from the department, the department of transportation, the department of ecology, tribes, cities, counties, a business organization, an environmental organization, regional fisheries enhancement groups, and other interested entities as deemed appropriate by the cochairs. The persons representing the department and the department of transportation shall serve as cochairs of the task force and shall appoint members to the task force. The task force shall make recommendations to expand the program in RCW 75.50.170 to identify and expedite the removal of human-made or caused impediments to anadromous fish passage in the most efficient manner practical. Program recommendations shall include a funding mechanism and other necessary mechanisms to coordinate and prioritize state, tribal, local, and volunteer efforts within each water resource inventory area. A priority shall be given to projects that immediately increase access to available and improved spawning and rearing habitat for depressed, threatened, and endangered stocks. The department or the department of transportation may contract with cities and counties to assist in the identification and removal of impediments to anadromous fish passage.

A report on the recommendations to develop a program to identify and remove fish passage barriers and any additional legislative action needed to implement the program shall be submitted to the appropriate standing committees of the legislature no later than December 1, 1997. After recommendations are reported to the legislature, implementation of the recommendations shall commence under oversight of the task force. For implementation, the task force shall also include one representative each from the department of natural resources, the department of community, trade, and economic development, the county road administration board, and the University of Washington. In addition, there shall be four legislative members, one appointed from each of the two largest caucuses in the house of representatives and in the senate, appointed by the speaker of the house of representatives and the president of the senate, respectively.

(2) The task force shall oversee:

(a) Disseminating a standardized methodology for inventorying fish passage barriers;

(b) Prioritization of fish passage projects, including consideration of short-term priorities for barrier correction on a state-wide basis in the absence of complete inventory information;

(d) Development of criteria for ranking and evaluating fish passage grant projects that apply for funding through the program authorized in section 3 of this act; and

(e) Review and approval of grant applications for fish passage projects that apply for funding through the program authorized in section 3 of this act.

NEW SECTION. Sec. 3. A new section is added to chapter 75.50 RCW to read as follows:

(1) The department of transportation, through its transaid service center, is authorized to administer a grant program to assist state agencies, local governments, private landowners, tribes, and volunteer groups in identifying and removing impediments to anadromous fish passage. The program shall be administered consistent with the following:

(a) Eligible projects include corrective projects, inventory, assessment, and prioritization efforts;

(b) Projects shall be subject to a competitive application process;

(c) Priority shall be given to projects that immediately increase access to available and improved spawning and rearing habitat for depressed, threatened, and endangered stocks. Priority shall also be given to project applications that are coordinated with other efforts within a watershed;

(d) All projects shall be reviewed and approved by the fish passage barrier removal task force; and

(e) A match of at least twenty-five percent per project shall be required. For local, private, and volunteer projects, in-kind contributions may be counted toward the match requirement.

(2) The department of transportation shall proceed expeditiously in implementing the grant program with the goal of awarding at least a portion of the funds appropriated in section 4 of this act to projects that are ready to proceed during the 1998 summer construction season.

NEW SECTION. Sec. 4. The sum of three hundred twenty-one thousand dollars, or as much thereof as is necessary, is appropriated for the fiscal year ending June 30, 1999, from the general fund to the department of fish and wildlife solely for the purpose of: (1) Providing technical assistance to fish passage grant applicants; (2) developing a comprehensive state-wide data base of fish barriers; and (3) conducting training sessions for state, local, and private entities on standardized techniques for inventorying and prioritizing fish barriers and design standards for fish barrier correction projects.

NEW SECTION. Sec. 5. By January 1, 1999, the fish passage barrier removal task force shall report to the legislature on its progress in implementing the provisions in sections 2 through 4 of this act. The report shall also include recommendations on future governance and administrative structures to coordinate local, state, and private fish passage correction projects and to administer state fish passage grants.

NEW SECTION. Sec. 6. A new section is added to chapter 79.38 RCW to read as follows:

As part of its regular road maintenance program, the department of natural resources shall immediately begin a comprehensive inventory and assessment of fish passage barriers on department-managed lands throughout the state. By December 1, 1998, the department shall report to the legislature on the scope of the inventory project, estimated costs to complete the inventory, and an estimate of how long it will take to complete the inventory and prioritization. The report shall also include a proposed long-term funding plan to support both inventory and fish passage correction work on department-managed lands in the future. The funding plan shall include an analysis of revenues to and expenditures from the access road revolving fund and an assessment of the degree to which the fund could finance fish passage correction projects on department-managed lands over time.

NEW SECTION. Sec. 7. 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 immediately.