5613 AAS 3/15/99
SB 5613 - S AMD - 197
By Senators Morton, Swecker and Honeyford
ADOPTED 3/15/99
On page 3, line 25, after "which" strike "build upon a foundation of clear, enforceable standards" and insert "rely on the existing statutory enforcement structure"
SB 5613 - S AMD - 198
BySenators Morton, Swecker and Honeyford
ADOPTED 3/15/99
On page 3, line 37, after "working," strike "require" and insert "recommend"
SB 5613 - S AMD - 199
BySenators Morton, Swecker and Honeyford
ADOPTED 3/15/99
On page 4, line 1, after "management, and" strike "establish" and insert "recommend to the legislature"
SB 5613 - S AMD - 205
By Senators Swecker and Jacobsen
ADOPTED 3/15/99
On page 4, after line 18, insert the following:
"Sec. 4. 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, 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 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 over-wintering 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 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. 5. 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, and the department of fish and wildlife shall establish an
interagency review team. Except as provided in subsection (((6))) (7)
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.
(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) Projects that include use of side channels, off-stream rearing enhancement, improvement in over-wintering habitat, or use of acclimation ponds shall receive consideration for funding under the provisions of this section.
(4) If a lead entity established under RCW 75.46.060 has been formed, the interagency review team shall evaluate project lists and may remove, but not add, projects from a habitat project list.
(((4)))
(5) 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.
(((5)))
(6) The interagency review team 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)))
(7) 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)))
(8) Where a lead entity has been established pursuant to RCW 75.46.060,
the interagency review team may provide block grants to the lead entity,
subject to available funding."
Renumber the sections consecutively and correct any internal references accordingly.
SB 5613 - S AMD - 181
BySenators Honeyford and Jacobsen
ADOPTED 3/15/99
On page 4, after line 18, insert the following:
"Sec. 4. 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, 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.
(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 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.
(5) The interagency review team 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) Where a lead entity has been established pursuant to RCW 75.46.060, the interagency review team may provide block grants to the lead entity, subject to available funding.
(8) Prior to finalizing funding decisions under the provisions of this section, the interagency review team shall consult with interests representing irrigated and non-irrigated agriculture, sport and commercial fishing interests, large and small scale timber interests, conservation districts, and county and city governmental interests."
SB 5613 - S AMD - 205
By Senators Swecker and Jacobsen
ADOPTED 3/15/99
On page 1, on line 2 of the title, after "75.46.005", strike "and 75.46.040" and insert "75.46.040, 75.46.060, and 75.46.080"
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EFFECT: Ensures that all enforcement provisions will be based on statutorily created enforcement provisions.
EFFECT: The governor and the salmon recovery office are to recommend rather than require effective monitoring and data management methods.
EFFECT: The governor and the salmon recovery office are to recommend to the legislature specific regulatory measures if voluntary performance goals are not met.
EFFECT: Consideration for fish recovery project funding is to be given to projects that include the use of side channels, off stream rearing enhancement, over wintering habitat improvements, or the use of acclimation ponds.
EFFECT: Requires the interagency review team to consult with interest groups prior to making fish project funding decisions.