2079-S.E AAS 4/16/99 S2831.1
ESHB 2079 - S AMD - 418
By Senators Jacobsen, Swecker and Spanel
ADOPTED 4/16/99
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 75.46.005 and 1998 c 246 s 1 are each amended to read as follows:
The legislature finds that repeated attempts to improve salmonid fish runs throughout the state of Washington have failed to avert listings of salmon and steelhead runs as threatened or endangered under the federal endangered species act (16 U.S.C. Sec. 1531 et seq.). These listings threaten the sport, commercial, and tribal fishing industries as well as the economic well-being and vitality of vast areas of the state. It is the intent of the legislature to begin activities required for the recovery of salmon stocks as soon as possible, although the legislature understands that successful recovery efforts may not be realized for many years because of the life cycle of salmon and the complex array of natural and human-caused problems they face.
The legislature finds that it is in the interest of the citizens of the state of Washington for the state to retain primary responsibility for managing the natural resources of the state, rather than abdicate those responsibilities to the federal government. The legislature also finds that there is a substantial link between the provisions of the federal endangered species act and the federal clean water act (33 U.S.C. Sec. 1251 et seq.). The legislature further finds that habitat restoration is a vital component of salmon recovery efforts. Therefore, it is the intent of the legislature to specifically address salmon habitat restoration in a coordinated manner and to develop a structure that allows for the coordinated delivery of federal, state, and local assistance to communities for habitat projects that will assist in the recovery and enhancement of salmon stocks.
The legislature also finds that credible scientific review and oversight is essential for any salmon recovery effort to be successful.
The legislature further finds that it is important to monitor the overall health of the salmon resource to determine if recovery efforts are providing expected returns. It is also important to monitor the effectiveness of the state's overall salmon recovery efforts to secure federal acceptance of the state's approach to salmon recovery. In addition, it is important to monitor salmon restoration projects to determine their effectiveness. Adaptive management cannot exist without monitoring. For these reasons, the legislature believes that a coordinated and integrated monitoring process should be developed in the salmon recovery office for use by local recovery efforts. The role of the salmon recovery office should be to develop and provide to entities involved in salmon recovery data quality objectives, a range of acceptable parameters to monitor, acceptable data formats, data calibration and coordination, a method of storing and retrieving data, and analysis and interpretation of data. The role of local recovery efforts should be to collect monitoring data in compliance with the recommended data quality objectives, parameters, and formats, and to provide such data to the state salmon recovery office for storage.
The
legislature therefore finds that a coordinated framework for responding to the
salmon crisis is needed immediately. To that end, the salmon recovery office
should be created within the governor's office to provide overall coordination
of the state's response; an independent science ((team)) panel is
needed to provide scientific review and oversight; a consolidated state
funding process should be established through a salmon recovery funding board;
the appropriate local or tribal government should provide local leadership in
identifying and sequencing habitat restoration projects to be funded by state
agencies; habitat restoration projects should be implemented without delay; and
a strong locally based effort to restore salmon habitat should be established
by providing a framework to allow citizen volunteers to work effectively.
Sec. 2. RCW 75.46.010 and 1998 c 246 s 2 are each amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Adaptive management" means reliance on scientific methods to test the results of actions taken so that the management and related policy can be changed promptly and appropriately.
(2) "Board" means the salmon recovery funding board created in section 3 of this act.
(3) "Critical pathways methodology" means a project scheduling and management process for examining interactions between habitat projects and salmonid species, prioritizing habitat projects, and assuring positive benefits from habitat projects.
(((3)))
(4) "Habitat project list" is the list of projects resulting
from the critical pathways methodology under RCW 75.46.070(2). Each project on
the list must have a written agreement from the landowner on whose land the
project will be implemented. Projects include habitat restoration projects,
habitat protection projects, habitat projects that improve water quality,
habitat projects that protect water quality, habitat projects that improve
streamflows, habitat-related mitigation projects, fish passage projects,
fish screening projects, and habitat project corrective maintenance
and monitoring activities.
(5) "Habitat activities" or "activities" means habitat protection or restoration activities by local governments, other public entities, and private entities, including public education, comprehensive planning, adoption and revision of habitat-related ordinances and programs, and other activities.
(((4)))
(6) "Habitat work schedule" means those projects from the
habitat project list that will be implemented during the current funding
cycle. The schedule shall also include a list of the entities and individuals
implementing projects, the start date, duration, estimated date of completion,
estimated cost, and funding sources for the projects.
(((5)))
(7) "Limiting factors" means conditions that limit the ability
of habitat to fully sustain populations of salmon. ((These factors are
primarily fish passage barriers and degraded estuarine areas, riparian
corridors, stream channels, and wetlands.
(6))) (8)
"Listed stocks" means salmon and trout stocks that are listed or
proposed for listing as threatened or endangered under the federal endangered
species act, 16 U.S.C. Sec. 1531 et seq.
(9)
"Project sponsor" is a county, city, special district, tribal government,
state agency, federal agency, a combination of such governments through
interlocal or interagency agreement((s provided under chapter 39.34
RCW)), a nonprofit organization, or one or more private citizens.
(((7)))
(10) "Salmon" includes all species of the family Salmonidae
which are capable of self-sustaining, natural production.
(((8)))
(11) "Salmon recovery activities" or "activities" means
public education, planning, and programs which have as a principal purpose the
protection and restoration of salmonid habitat.
(12) "Salmon recovery plan" means a state plan developed in response to a proposed or actual listing under the federal endangered species act that addresses limiting factors including, but not limited to harvest, hatchery, hydropower, habitat, and other factors of decline.
(((9)))
(13) "Interagency team" or "team" means the interagency
review team created in RCW 75.46.080.
(14) "Tribe" or "tribes" means federally recognized Indian tribes.
(((10)))
(15) "WRIA" means a water resource inventory area established
in chapter 173-500 WAC as it existed on January 1, 1997.
(((11)))
(16) "Owner" means the person holding title to the land or the
person under contract with the owner to lease or manage the legal owner's
property.
NEW SECTION. Sec. 3. A new section is added to chapter 75.46 RCW to read as follows:
(1) The salmon recovery funding board is created.
(2) The board shall consist of five members appointed by the governor, subject to confirmation by the senate. One of the members shall be a representative of local governments. One of the members shall be a representative of federally recognized tribes. In making the appointments, the governor shall seek a board membership that collectively provide the expertise necessary to provide strong fiscal oversight of salmon recovery expenditures, and that provide extensive experience and expertise in salmon recovery projects and activities that address the range of limiting factors for salmon recovery in Washington state. Board members shall not have a financial or regulatory interest in salmon recovery. The governor shall make the appointments not later than ninety days after the effective date of this section. The initial terms shall commence October 1st. Members shall serve staggered four-year terms and, of the initial appointments, two members shall serve a term of two years and three members shall serve a term of three years. The governor shall appoint the chair of the board.
(3) Staff support to the board shall be provided by the salmon recovery office and by the interagency review team for those functions assigned to the team by this chapter or the board acting under the authority of this chapter.
(4) Members of the board shall be compensated as provided by RCW 43.03.250 and shall be reimbursed for travel expenses as provided by RCW 43.03.050 and 43.03.060.
NEW SECTION. Sec. 4. A new section is added to chapter 75.46 RCW to read as follows:
The board is responsible for making grants and loans for salmon recovery projects and activities from the amounts appropriated to the board for this purpose. To accomplish this purpose the board may:
(1) Provide assistance to grant applicants regarding the procedures and criteria for grant and loan awards;
(2) Accept any gifts, grants, or loans of funds, property, or financial or other aid in any form from any other source on any terms that are not in conflict with this chapter;
(3) Adopt rules under chapter 34.05 RCW as necessary to carry out the purposes of this chapter; and
(4) Do all acts and things necessary or convenient to carry out the powers expressly granted or implied under this chapter.
NEW SECTION. Sec. 5. A new section is added to chapter 75.46 RCW to read as follows:
(1) The board shall develop procedures and criteria for allocation of funds for salmon recovery projects and activities on a state-wide basis to address the highest priorities for salmon habitat protection and restoration. To the extent practicable the board shall adopt an annual allocation of funding. The allocation should address both protection and restoration of habitat, and attempt to provide a geographic balance across the state.
(2) In evaluating, ranking, and awarding funds for projects and activities the board shall give preference to projects that:
(a) Are based upon the limiting factors analysis identified under RCW 75.46.070;
(b) Provide a greater benefit to salmon recovery based upon the information contained in the department of fish and wildlife salmonid stock inventory and any comparable science-based assessment;
(c) Will be implemented in a more critical area based upon the stock status information contained in the department of fish and wildlife salmonid stock inventory and any comparable science-based assessment;
(d) Are the most cost-effective;
(e) Have the greatest matched or in-kind funding; and
(f) Will be implemented by a sponsor with a successful record of project implementation.
(3) The board shall seek the guidance and the assistance of the interagency review team created by RCW 75.46.080 in developing the allocation procedures and standards. The board may also seek the recommendations of the independent science panel created by RCW 75.46.050 to incorporate scientific principles and information into the allocation standards.
(4) The board may authorize the interagency review team to evaluate, rank, and make funding decisions for categories of projects or activities or from funding sources provided for categories of projects or activities. In delegating such authority the board shall consider the review team's staff resources, procedures, and technical capacity to meet the purposes and objectives of this chapter. The board shall maintain general oversight of the team's exercise of such authority.
(5) The board shall establish criteria for determining when block grants may be made to a lead entity or other recognized regional recovery entity consistent with one or more habitat project lists developed for that region.
(6) The board may waive or modify portions of the allocation procedures and standards adopted under this section in the award of grants or loans to conform to legislative appropriations directing an alternative award procedure or when the funds to be awarded are from federal or other sources requiring other allocation procedures or standards as a condition of the board's receipt of the funds. The board shall develop an integrated process to manage the allocation of funding from federal and state sources to minimize delays in the award of funding while recognizing the differences in state and legislative appropriation timing.
(7) In developing allocation criteria and in the review of project applications the board shall consider the recommendations which may be provided by the government council on natural resources, formed by the governor to promote cooperative intergovernmental relationships for salmon recovery, and consider the recommendations of stakeholder interests in salmon recovery.
(8) The board shall use information developed by the departments of transportation, ecology, fish and wildlife, and community, trade, and economic development, and other state agencies to assess state funding sources and programs available for salmon recovery efforts that should be coordinated with funding allocations made by the board. The capital budget advisory committee created by chapter . . . (Substitute House Bill No. 1204), Laws of 1999 shall make recommendations to the board on opportunities for coordination in sharing of project data and with reporting requirements of the committee and the board.
NEW SECTION. Sec. 6. A new section is added to chapter 75.46 RCW to read as follows:
(1) Before October 1st of each even-numbered year, the board shall recommend to the governor a prioritized list of projects and activities to be funded by the board under this chapter. The governor may remove projects and activities from the list recommended by the board and shall submit this amended list in the capital budget request to the legislature. The list shall identify the project sponsor, its geographic location, and a description of the project or activity.
(2) The board shall not sign contracts or otherwise financially obligate funds as provided under this chapter before the legislature has appropriated funds for a specific list of projects.
(3) The board shall track all funds allocated for salmon recovery projects and activities, including both funds allocated by the board and funds allocated by other state or federal agencies for salmon recovery or water quality improvement. The tracking system shall be geographically based and may include projects from other sources that address the same salmon recovery limiting factors in the same geographic area. The tracking system may be developed and maintained by another state agency through an interagency agreement with the board.
(4) Beginning in December 2000, the board shall provide a biennial report to the governor and the legislature on salmon recovery expenditures. This report shall be coordinated with the state of the salmon report required under RCW 75.46.030.
Sec. 7. RCW 75.46.050 and 1998 c 246 s 6 are each amended to read as follows:
(1) The governor shall request the national academy of sciences, the American fisheries society, or a comparable institution to screen candidates to serve as members on the independent science panel. The institution that conducts the screening of the candidates shall submit a list of the nine most qualified candidates to the governor, the speaker of the house of representatives, and the majority leader of the senate. The candidates shall reflect expertise in habitat requirements of salmon, protection and restoration of salmon populations, artificial propagation of salmon, hydrology, or geomorphology.
(2) The speaker of the house of representatives and the majority leader in the senate shall each remove one name from the nomination list. The governor shall consult with tribal representatives and the governor shall appoint five scientists from the remaining names on the nomination list.
(3)
The members of the independent science panel shall serve four-year terms. Vacant
positions on the panel shall be filled in the same manner as the original
appointments. Members shall serve no more than two full terms. The
independent science panel members shall elect the chair of the panel among
themselves every two years. ((The members of the independent science panel
shall be compensated as provided in RCW 43.03.250 and reimbursed for travel
expenses in accordance with RCW 43.03.050 and 43.03.060.)) Based upon
available funding, the governor's salmon recovery office may contract for
services with members of the independent science panel for compensation under
chapter 39.29 RCW.
(4) The independent science panel shall be governed by generally accepted guidelines and practices governing the activities of independent science boards such as the national academy of sciences. The purpose of the independent science panel is to help ensure that sound science is used in salmon recovery efforts. The governor's salmon recovery office shall request review of salmon recovery plans by the science review panel. The science review panel does not have the authority to review individual projects or project lists developed under RCW 75.46.060, 75.46.070, and 75.46.080 or to make policy decisions. The panel shall periodically submit its findings and recommendations under this subsection to the legislature and the governor.
(5)
The independent science panel ((shall submit its findings to the legislature
and the governor)), in conjunction with the salmon recovery office,
shall recommend standardized monitoring indicators and data quality guidelines
for use by entities involved in salmon recovery activities across the state.
The panel shall also recommend electronic formats that will allow data to be
provided to the state salmon recovery office for storage and to be shared
across the state in a salmon monitoring network.
(6) State salmon monitoring data provided by lead entities, regional fisheries enhancement groups, and others shall be included in the salmon and steelhead inventory and assessment project.
(7) The independent science panel, in conjunction with the salmon recovery office, shall also recommend criteria for the systematic and periodic evaluation of monitoring data in order for the state to be able to answer critical questions about the effectiveness of the state's salmon recovery efforts.
(8) The recommendations on monitoring as required in this section shall be provided in a report to the governor and to the legislature by the independent science panel, in conjunction with the salmon recovery office, no later than December 31, 2000. The report shall also include recommendations on the level of effort needed to sustain monitoring of salmon projects and other recovery efforts, and any other recommendations on monitoring deemed important by the independent science panel, in conjunction with the salmon recovery office. The report may be included in the biennial state of the salmon report required under RCW 75.46.030.
Sec. 8. RCW 75.46.060 and 1998 c 246 s 7 are each amended to read as follows:
(1)(a)
Counties, cities, and tribal governments must jointly designate, by ((official))
resolution or by letters of support, the area for which a habitat ((restoration))
project list is to be developed and the lead entity that is to be responsible
for submitting the habitat ((restoration)) project list. No project
included on a habitat ((restoration)) project list shall be considered
mandatory in nature and no private landowner may be forced or coerced into
participation in any respect. The lead entity may be a county, city,
conservation district, special district, tribal government, or other entity.
(b)
The lead entity shall establish a committee that consists of representative
interests of counties, cities, conservation districts, tribes, environmental
groups, business interests, landowners, citizens, volunteer groups, regional
fish enhancement groups, and other ((restoration)) habitat interests.
The purpose of the committee is to provide a citizen-based evaluation of the
projects proposed to promote salmon habitat ((restoration)). The
interagency review team may provide the lead entity with organizational models
that may be used in establishing the committees.
(c)
The committee shall compile a list of habitat ((restoration)) projects,
establish priorities for individual projects, define the sequence for project
implementation, and submit these activities as the habitat ((restoration))
project list. The committee shall also identify potential federal, state,
local, and private funding sources.
(d) Projects that include use of side channels, off-stream rearing enhancement, improvement in overwintering habitat, or use of acclimation ponds shall receive consideration for funding.
(2)
The area covered by the habitat project list must be based, at a minimum, on a
WRIA, combination of WRIAs, ((an evolutionarily significant unit,)) or
any other area as agreed to by the counties, cities, and tribes in
resolutions or in letters of support meeting the requirements of this
subsection. Preference will be given to projects in an area that contain a
salmon species that is listed or proposed for listing under the federal
endangered species act.
Sec. 9. RCW 75.46.070 and 1998 c 246 s 8 are each amended to read as follows:
(1)
Critical pathways methodology shall be used to develop a habitat project list
and a habitat work schedule that ensures salmon ((restoration)) recovery
activities will be prioritized and implemented in a logical sequential manner
that produces habitat capable of sustaining healthy populations of salmon.
(2) The critical pathways methodology shall:
(a) Include a limiting factors analysis for salmon in streams, rivers, tributaries, estuaries, and subbasins in the region. The technical advisory group shall have responsibility for the limiting factors analysis;
(b) Identify local habitat projects that sponsors are willing to undertake. The projects identified must have a written agreement from the landowner on which the project is to be implemented. Project sponsors shall have the lead responsibility for this task;
(c)
Identify how projects will be monitored and evaluated. The project sponsor, in
consultation with the technical advisory group and the appropriate landowner,
shall have responsibility for this task; ((and))
(d) Include a review of monitoring data, evaluate project performance, and make recommendations to the committee established under RCW 75.46.060 and to the interagency review team. The technical advisory group has responsibility for this task; and
(e) Describe the adaptive management strategy that will be used. The committee established under RCW 75.46.060 shall have responsibility for this task. If a committee has not been formed, the technical advisory group shall have the responsibility for this task.
(3)
The habitat work ((list)) schedule shall include all projects
developed pursuant to subsection (2) of this section as well as any other
salmon habitat ((restoration)) project implemented in the region,
including habitat preservation projects funded through the Washington wildlife
and recreation program, the conservation reserve enhancement program, and other
conservancy programs. The habitat work ((list)) schedule
shall also include the start date, duration, estimated date of completion,
estimated cost, and, if appropriate, the affected salmonid species of each
project. Each schedule shall be updated on an annual basis to depict new
activities.
Sec. 10. RCW 75.46.100 and 1998 c 246 s 11 are each amended to read as follows:
The
sea grant program at the University of Washington is authorized to provide
technical assistance to volunteer groups and other project sponsors in
designing and ((performing)) implementing habitat ((restoration))
projects that address the limiting factors analysis ((of regional habitat
work plans)) required under RCW 75.46.070. The cost for such
assistance may be covered on a fee-for-service basis.
Sec. 11. RCW 75.46.080 and 1998 c 246 s 9 are each amended to read as follows:
(1)
Representatives from the conservation commission, the department of
transportation, the interagency committee for outdoor recreation, the
department of natural resources, the department of ecology, and the
department of fish and wildlife shall establish an interagency review team. ((Except
as provided in subsection (6) of this section, habitat restoration project
lists shall be submitted to the interagency review team by January 1st and July
1st of each year beginning in 1999.)) The purpose of the team is to
assist the salmon recovery funding board in developing procedures and standards
for state-wide funding allocation, and to assist the board in reviewing funding
applications to identify the highest priority projects and activities for
funding.
(2)
((If no lead entity has been formed under RCW 75.46.060, the interagency
review team shall rank, prioritize, and dispense funds for habitat restoration
projects by giving preference to the projects that:
(a)
Provide a greater benefit to salmon recovery;
(b)
Will be implemented in a more critical area;
(c)
Are the most cost-effective;
(d)
Have the greatest matched, or in-kind funding; and
(e)
Will be implemented by a sponsor with a successful record of project
implementation.
(3))) If a
lead entity established under RCW 75.46.060 has been formed, the interagency
review team shall evaluate habitat project lists ((and may remove,
but not add, projects from a habitat project list.
(4)
The interagency review team shall provide a summary of funding for habitat
restoration project lists to the governor and to the legislature by December
1st of each year)) developed pursuant to RCW 75.46.060 and
submitted to the board for consideration for funding. The team shall advise
the board on whether the list for the area complies with the list development
procedures and critical path methodology provided by RCW 75.46.060 and
75.46.070. When the board determines the list to comply with those
requirements it shall accord substantial weight to the list's project
priorities when making determinations among applications for funding of projects
and activities within the area covered by the list. Projects that include use
of side channels, off-stream rearing enhancement, improvement in overwintering
habitat, or use of acclimation ponds shall receive consideration for funding.
(((5)))
(3) The ((interagency review team)) board may annually
establish a maximum amount of funding available for any individual project,
subject to available funding. ((The interagency review team shall attempt
to assure a geographical balance in assigning priorities to projects.
(6)
For fiscal year 1998, the department of fish and wildlife, the conservation
commission, and the department of transportation may authorize, subject to
appropriations, expenditures for projects that have been developed to restore
salmon habitat before completion of the project lists required in RCW
75.46.060(2).
(7))) (4)
Where a lead entity has been established pursuant to RCW 75.46.060, the ((interagency
review team)) board may provide ((block)) grants to the lead
entity to assist in carrying out lead entity functions under this chapter,
subject to available funding.
NEW SECTION. Sec. 12. A new section is added to chapter 75.46 RCW to read as follows:
The salmon recovery account is created in the state treasury. To the account shall be deposited such funds as the legislature directs or appropriates to the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used for salmon recovery financial assistance provided through the salmon recovery funding board created in section 3 of this act.
Sec. 13. RCW 76.12.110 and 1998 c 347 s 55 are each amended to read as follows:
There is created a forest development account in the state treasury. The state treasurer shall keep an account of all sums deposited therein and expended or withdrawn therefrom. Any sums placed in the account shall be pledged for the purpose of paying interest and principal on the bonds issued by the department, and for the purchase of land for growing timber. Any bonds issued shall constitute a first and prior claim and lien against the account for the payment of principal and interest. No sums for the above purposes shall be withdrawn or paid out of the account except upon approval of the department.
Appropriations
may be made by the legislature from the forest development account to the
department for the purpose of carrying on the activities of the department on
state forest lands, lands managed on a sustained yield basis as provided for in
RCW 79.68.040, and for reimbursement of expenditures that have been made or may
be made from the resource management cost account in the management of state
forest lands. ((For the 1997-99 fiscal biennium, moneys from the account
shall be distributed as directed in the omnibus appropriations act to the
beneficiaries of the revenues derived from state forest lands. Funds that
accrue to the state from such a distribution shall be deposited into the salmon
recovery account, hereby created in the state treasury. Funds appropriated
from the salmon recovery account shall be used for efforts to restore
endangered anadromous fish stocks.))
NEW SECTION. Sec. 14. RCW 75.46.130 (Appropriated funds) and 1998 c 246 s 17 are each repealed.
NEW SECTION. Sec. 15. 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, 1999."
ESHB 2079 - S AMD - 418
By Senators Jacobsen, Swecker and Spanel
ADOPTED 4/16/99
On page 1, line 1 of the title, after "recovery;" strike the remainder of the title and insert "amending RCW 75.46.005, 75.46.010, 75.46.050, 75.46.060, 75.46.070, 75.46.100, 75.46.080, and 76.12.110; adding new sections to chapter 75.46 RCW; repealing RCW 75.46.130; providing an effective date; and declaring an emergency."
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