BP BHEAD INT S [atlas:bill]

AN ACT Relating to local funding of watershed plans; and adding a new chapter to Title 36 RCW.

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

NEW SECTION. Sec. 1. FINDINGS--PURPOSE. (1) The legislature finds:

(a) Federal agencies, state agencies, counties, cities, Indian tribes, and special districts are all engaged in a multitude of planning and management efforts designed to protect and enhance the quality and quantity of water within the state;

(b) The growth management act, chapter 36.70A RCW, sets broad goals for counties and cities to develop comprehensive plans for sustainable economic development, environmental protection, and provision of adequate capital facilities but fails to provide direction for integrating water resources planning and policy with growth planning efforts;

(c) Implementation of the growth management act, ongoing water resources planning and management efforts, and salmonid recovery actions should support each other and be logically consistent;

(d) New federal and state regulatory requirements for recovery of salmon, steelhead, and other fish species, managing storm water, protecting drinking water supply, and managing other aspects of water resources increase the need for counties to integrate planning and management activities involving both land use and water resources; and

(e) Efforts should be made to combine financial resources for planning, capital expenditures, facility operations and maintenance, water quality monitoring, and public education related to water resource protection and management at the state and local level and to eliminate waste and duplication in planning and management of water resources.

(2) The purpose of this chapter is to authorize counties, cities, and special districts to provide funding from existing water-related sources to assist in comprehensive planning and management activities on a watershed basis. The coordinated program established in this chapter is intended to emphasize local accountability, consistency with growth planning activities, and protection of the public health and the environment in a cost-efficient manner.

NEW SECTION. Sec. 2. DEFINITIONS. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Program" means a coordinated water resources program authorized under section 3 of this act.

(2) "Water resources" shall be broadly construed to include surface water, ground water, marine waters, and the general aquatic ecosystem, and includes activities involving water quality, wetlands, and the riparian zone.

NEW SECTION. Sec. 3. COORDINATED WATER RESOURCES PROGRAM--ESTABLISHMENT. (1)(a) The legislative authority of any county that is participating in the development of a comprehensive watershed plan or fish recovery plan under chapter 90.82 RCW may create a coordinated water resources program. The purpose of a coordinated water resources program is to allocate funding from county sources within the watershed to assist in developing and implementing a comprehensive watershed plan or fish recovery plan under chapter 90.82 RCW.

(b) A county legislative authority proposing to establish a coordinated water resources program shall consult with affected cities, tribes, and special districts in developing its proposal before scheduling the proposal for a public hearing. Following such consultation the county shall propose the boundaries for operation of the program and the funding sources to be committed to the program. If a portion of the watershed area lies within a city or a town, the county shall provide for the participation of the legislative authority of the city or town in developing the program. The county, in cooperation with the affected cities, tribes, and special districts, shall conduct at least one public hearing on the proposal. Notice of the hearing shall be published at least once, not less than ten days before the hearing, in a newspaper of general circulation within the area of the proposed coordinated water resources program. The public hearing may be continued to other times, dates, and places announced at the hearing, without publication of the continuance. At the public hearing, the county legislative authority shall hear objections and comments from persons interested in the proposal to establish the program.

(c) After conducting the hearing and considering public comments, the county legislative authority shall by resolution or ordinance describe the boundaries of the coordinated water resources program and the funding sources and amounts to be committed to the program.

(2) Establishment of a coordinated water resources program and the exercise of any authority under this chapter shall not be construed as requiring the transfer of duties or responsibilities from any established state, local, city, or tribal program or from any district that exists that addresses water resource management.

(3) A coordinated water resources program may not include territory located within a city without the approval of the city legislative authority, nor may it include territory located in the unincorporated area of another county without the approval of the county legislative authority of that county. In seeking approval of the city or other county, the county shall propose procedures for the participation of the city or other county in establishing and in carrying out the coordinated water resources program within the city or county.

NEW SECTION. Sec. 4. FUNDING. (1) The legislative authority of a county may authorize up to ten percent of existing fees, charges, or special assessments levied and collected within the watershed by the county in the implementation of a coordinated water resource program.

(2) The legislative authority of a city may authorize up to ten percent of existing fees, charges, or special assessments levied and collected by a city within the boundaries of a proposed or established county-coordinated water resources program for purposes of cooperating with the county in the implementation of the program.

(3) The governing body of a special district may authorize up to ten percent of existing fees, charges, or special assessments levied and collected within that portion of the district's boundaries located inside a proposed or established county-coordinated water resources program for purposes of cooperating with the county in the implementation of the program.

(4) A city or special district may by intergovernmental agreement transfer funds specified in subsections (2) and (3) of this section to the county for administration.

(5) The county shall establish a special coordinated water resources program account or fund for the purposes of receiving and expending funds under this chapter.

NEW SECTION. Sec. 5. EXISTING AUTHORITY. This chapter shall not be construed to reduce or eliminate any existing authority of any state agency or any Indian tribe.

NEW SECTION. Sec. 6. CAPTIONS NOT LAW. Captions used in this chapter do not constitute any part of the law.

NEW SECTION. Sec. 7. Sections 1 through 6 of this act constitute a new chapter in Title 36 RCW.