AN ACT Relating to
state oyster reserve lands; amending RCW 79.96.110, 43.84.092, and 43.84.092;
adding new sections to chapter 77.60 RCW; adding a new section to chapter 90.71
RCW; providing an effective date; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec.
1. A new section is added
to chapter 77.60 RCW to read as follows:
(1) The department
shall initiate a pilot project to evaluate the feasibility and potential of
intensively culturing shellfish on currently nonproductive oyster reserve land
in Puget Sound. The pilot program shall include no fewer than three long-term
lease agreements with commercial shellfish growers. Except as provided in
subsection (4) of this section, revenues from the lease of such lands shall be
deposited in the oyster reserve land account created in section 2 of this act.
(2) The department
shall form one advisory committee each for the Willapa Bay oyster reserve lands
and the Puget Sound oyster reserve lands. The advisory committees shall make
recommendations on management practices to conserve, protect, and develop
oyster reserve lands. The advisory committees may make recommendations
regarding the management practices on oyster reserve lands, in particular to
ensure that they are managed in a manner that will: (a) Increase revenue
through production of high-value shellfish; (b) not be detrimental to the
market for shellfish grown on nonreserve lands; and (c) avoid negative impacts
to existing shellfish populations. The advisory committees may also make
recommendation on the distribution of funds in section 2(2)(a) of this act.
The department shall attempt to structure each advisory committee to include
equal representation between shellfish growers that participate in reserve
sales and shellfish growers that do not.
(3) The department
shall submit a brief progress report on the status of the pilot programs to the
appropriate standing committees of the legislature by January 7, 2003.
(4) The department of
natural resources, in consultation with the department of fish and wildlife,
shall administer the leases for oyster reserves entered into under this
chapter. In administering the leases, the department of natural resources
shall exercise its authority under RCW 79.96.090. Vacation of state oyster
reserves by the department of fish and wildlife shall not be a requirement for
the department of natural resources to lease any oyster reserves under this
section. The department of natural resources may recover reasonable costs
directly associated with the administration of the leases for oyster reserves
entered into under this chapter. All administrative fees collected by the
department of natural resources pursuant to this section shall be deposited
into the resource management cost account established in RCW 79.64.020. The
department of fish and wildlife may not assess charges to recover the costs of
consulting with the department of natural resources under this subsection.
(5) The Puget Sound
pilot program shall not include the culture of geoduck.
NEW SECTION. Sec.
2. A new section is added
to chapter 77.60 RCW to read as follows:
(1) The oyster reserve
land account is created in the state treasury. All receipts from revenues from
the lease of land or sale of shellfish from oyster reserve lands must be
deposited into the account. Moneys in the account may be spent only after
appropriation. Expenditures from the account may be used only as provided in
this section.
(2) Funds in the
account shall be used for the purposes provided for in this subsection:
(a) Up to forty percent
for the management expenses incurred by the department that are directly
attributable to the management of the oyster reserve lands and for the expenses
associated with new research and development activities at the Pt. Whitney and
Nahcotta shellfish laboratories managed by the department. As used in this
subsection, "new research and development activities" includes an
emphasis on the control of aquatic nuisance species and burrowing shrimp;
(b) Up to ten percent
may be deposited into the state general fund; and
(c) All remaining funds
in the account shall be used for the shellfish - on-site sewage grant program
established in section 3 of this act.
NEW SECTION. Sec.
3. A new section is added
to chapter 90.71 RCW to read as follows:
(1) The action team
shall establish a shellfish - on-site sewage grant program in Puget Sound and
for Pacific and Grays Harbor counties. The action team shall provide funds to
local health jurisdictions to be used as grants to individuals for improving
their on-site sewage systems. The grants may be provided only in areas that
have the potential to adversely affect water quality in commercial and
recreational shellfish growing areas. A recipient of a grant shall enter into
an agreement with the appropriate local health jurisdiction to maintain the
improved on-site sewage system according to specifications required by the
local health jurisdiction. The action team shall work closely with local
health jurisdictions and shall endeavor to attain geographic equity between
Willapa Bay and the Puget Sound when making funds available under this
program. For the purposes of this subsection, "geographic equity"
means issuing on-site sewage grants at a level that matches the funds generated
from the oyster reserve lands in that area.
(2) In the Puget Sound,
the action team shall give first priority to areas that are:
(a) Identified as
"areas of special concern" under WAC 246-272-01001; or
(b) Included within a
shellfish protection district under chapter 90.72 RCW.
(3) In Grays Harbor and
Pacific counties, the action team shall give first priority to preventing the
deterioration of water quality in areas where commercial or recreational
shellfish are grown.
(4) The action team and
each participating local health jurisdiction shall enter into a memorandum of
understanding that will establish an applicant income eligibility requirement
for individual grant applicants from within the jurisdiction and other mutually
agreeable terms and conditions of the grant program.
(5) The action team may
recover the costs to administer this program not to exceed ten percent of the
shellfish - on-site sewage grant program.
(6) For the 2001-2003
biennium, the action team may use up to fifty percent of the shellfish -
on-site sewage grant program funds for grants to local health jurisdictions to
establish areas of special concern under WAC 246-272-01001, or for operation
and maintenance programs therein, where commercial and recreational uses are
present.
Sec. 4. RCW 79.96.110 and 2000 c
11 s 30 are each amended to read as follows:
(1) In ((case
the director of)) the event that the fish and wildlife commission
approves the vacation of the whole or any part of ((said)) a
reserve, the department of natural resources may vacate and offer for lease
such parts or all of ((said)) the reserve as it deems to be for
the best interest of the state, and all moneys received for the lease of such
lands shall be paid to the department of natural resources((: PROVIDED,
That nothing in RCW 79.96.090 through 79.96.110 shall be construed as
authorizing the lease of any tidelands which have heretofore, or which may
hereafter, be set aside as)).
(2) Notwithstanding
RCW 77.60.020, subsection (1) of this section, or any other provision of state
law, the state oyster reserves in Eld Inlet, Hammersley Inlet, or Totten
Inlet, situated in Mason or Thurston counties((: PROVIDED FURTHER, That any
portion of Plat 138, Clifton's Oyster Reserve, which has already been vacated,
may be leased by the department)) shall permanently be designated as
state oyster reserve lands.
Sec. 5. RCW 43.84.092 and 2000
2nd sp.s. c 4 s 5 are each amended to read as follows:
(1) All earnings of
investments of surplus balances in the state treasury shall be deposited to the
treasury income account, which account is hereby established in the state
treasury.
(2) The treasury income
account shall be utilized to pay or receive funds associated with federal
programs as required by the federal cash management improvement act of 1990.
The treasury income account is subject in all respects to chapter 43.88 RCW,
but no appropriation is required for refunds or allocations of interest
earnings required by the cash management improvement act. Refunds of interest
to the federal treasury required under the cash management improvement act fall
under RCW 43.88.180 and shall not require appropriation. The office of financial
management shall determine the amounts due to or from the federal government
pursuant to the cash management improvement act. The office of financial
management may direct transfers of funds between accounts as deemed necessary
to implement the provisions of the cash management improvement act, and this
subsection. Refunds or allocations shall occur prior to the distributions of
earnings set forth in subsection (4) of this section.
(3) Except for the
provisions of RCW 43.84.160, the treasury income account may be utilized for
the payment of purchased banking services on behalf of treasury funds
including, but not limited to, depository, safekeeping, and disbursement
functions for the state treasury and affected state agencies. The treasury income
account is subject in all respects to chapter 43.88 RCW, but no appropriation
is required for payments to financial institutions. Payments shall occur prior
to distribution of earnings set forth in subsection (4) of this section.
(4) Monthly, the state
treasurer shall distribute the earnings credited to the treasury income
account. The state treasurer shall credit the general fund with all the
earnings credited to the treasury income account except:
(a) The following
accounts and funds shall receive their proportionate share of earnings based
upon each account's and fund's average daily balance for the period: The
capitol building construction account, the Cedar River channel construction and
operation account, the Central Washington University capital projects account,
the charitable, educational, penal and reformatory institutions account, the
common school construction fund, the county criminal justice assistance
account, the county sales and use tax equalization account, the data processing
building construction account, the deferred compensation administrative
account, the deferred compensation principal account, the department of
retirement systems expense account, the drinking water assistance account, the
Eastern Washington University capital projects account, the education
construction fund, the emergency reserve fund, the federal forest revolving
account, the health services account, the public health services account, the
health system capacity account, the personal health services account, the state
higher education construction account, the higher education construction
account, the highway infrastructure account, the industrial insurance premium
refund account, the judges' retirement account, the judicial retirement
administrative account, the judicial retirement principal account, the local
leasehold excise tax account, the local real estate excise tax account, the
local sales and use tax account, the medical aid account, the mobile home park
relocation fund, the multimodal transportation account, the municipal criminal
justice assistance account, the municipal sales and use tax equalization
account, the natural resources deposit account, the oyster reserve land
account, the perpetual surveillance and maintenance account, the public
employees' retirement system plan 1 account, the public employees' retirement
system plan 2 account, the Puyallup tribal settlement account, the resource
management cost account, the site closure account, the special wildlife
account, the state employees' insurance account, the state employees' insurance
reserve account, the state investment board expense account, the state
investment board commingled trust fund accounts, the supplemental pension
account, the teachers' retirement system plan 1 account, the teachers'
retirement system combined plan 2 and plan 3 account, the tobacco prevention
and control account, the tobacco settlement account, the transportation
infrastructure account, the tuition recovery trust fund, the University of
Washington bond retirement fund, the University of Washington building account,
the volunteer fire fighters' and reserve officers' relief and pension principal
fund, the volunteer fire fighters' and reserve officers' administrative fund,
the Washington judicial retirement system account, the Washington law
enforcement officers' and fire fighters' system plan 1 retirement account, the
Washington law enforcement officers' and fire fighters' system plan 2
retirement account, the Washington school employees' retirement system combined
plan 2 and 3 account, the Washington state health insurance pool account, the
Washington state patrol retirement account, the Washington State University
building account, the Washington State University bond retirement fund, the
water pollution control revolving fund, and the Western Washington University
capital projects account. Earnings derived from investing balances of the
agricultural permanent fund, the normal school permanent fund, the permanent
common school fund, the scientific permanent fund, and the state university
permanent fund shall be allocated to their respective beneficiary accounts.
All earnings to be distributed under this subsection (4)(a) shall first be
reduced by the allocation to the state treasurer's service fund pursuant to RCW
43.08.190.
(b) The following
accounts and funds shall receive eighty percent of their proportionate share of
earnings based upon each account's or fund's average daily balance for the
period: The aeronautics account, the aircraft search and rescue account, the
county arterial preservation account, the department of licensing services
account, the essential rail assistance account, the ferry bond retirement fund,
the grade crossing protective fund, the high capacity transportation account,
the highway bond retirement fund, the highway safety account, the motor vehicle
fund, the motorcycle safety education account, the pilotage account, the public
transportation systems account, the Puget Sound capital construction account,
the Puget Sound ferry operations account, the recreational vehicle account, the
rural arterial trust account, the safety and education account, the special
category C account, the state patrol highway account, the transportation
equipment fund, the transportation fund, the transportation improvement
account, the transportation improvement board bond retirement account, and the
urban arterial trust account.
(5) In conformance with
Article II, section 37 of the state Constitution, no treasury accounts or funds
shall be allocated earnings without the specific affirmative directive of this
section.
Sec. 6. RCW 43.84.092 and 2000
2nd sp.s. c 4 s 6 are each amended to read as follows:
(1) All earnings of
investments of surplus balances in the state treasury shall be deposited to the
treasury income account, which account is hereby established in the state
treasury.
(2) The treasury income
account shall be utilized to pay or receive funds associated with federal
programs as required by the federal cash management improvement act of 1990.
The treasury income account is subject in all respects to chapter 43.88 RCW,
but no appropriation is required for refunds or allocations of interest
earnings required by the cash management improvement act. Refunds of interest
to the federal treasury required under the cash management improvement act fall
under RCW 43.88.180 and shall not require appropriation. The office of
financial management shall determine the amounts due to or from the federal
government pursuant to the cash management improvement act. The office of
financial management may direct transfers of funds between accounts as deemed
necessary to implement the provisions of the cash management improvement act,
and this subsection. Refunds or allocations shall occur prior to the
distributions of earnings set forth in subsection (4) of this section.
(3) Except for the
provisions of RCW 43.84.160, the treasury income account may be utilized for
the payment of purchased banking services on behalf of treasury funds
including, but not limited to, depository, safekeeping, and disbursement
functions for the state treasury and affected state agencies. The treasury
income account is subject in all respects to chapter 43.88 RCW, but no
appropriation is required for payments to financial institutions. Payments
shall occur prior to distribution of earnings set forth in subsection (4) of
this section.
(4) Monthly, the state
treasurer shall distribute the earnings credited to the treasury income
account. The state treasurer shall credit the general fund with all the
earnings credited to the treasury income account except:
(a) The following
accounts and funds shall receive their proportionate share of earnings based
upon each account's and fund's average daily balance for the period: The
capitol building construction account, the Cedar River channel construction and
operation account, the Central Washington University capital projects account,
the charitable, educational, penal and reformatory institutions account, the
common school construction fund, the county criminal justice assistance
account, the county sales and use tax equalization account, the data processing
building construction account, the deferred compensation administrative
account, the deferred compensation principal account, the department of
retirement systems expense account, the drinking water assistance account, the
Eastern Washington University capital projects account, the education
construction fund, the emergency reserve fund, the federal forest revolving
account, the health services account, the public health services account, the
health system capacity account, the personal health services account, the state
higher education construction account, the higher education construction
account, the highway infrastructure account, the industrial insurance premium
refund account, the judges' retirement account, the judicial retirement
administrative account, the judicial retirement principal account, the local
leasehold excise tax account, the local real estate excise tax account, the
local sales and use tax account, the medical aid account, the mobile home park
relocation fund, the multimodal transportation account, the municipal criminal
justice assistance account, the municipal sales and use tax equalization
account, the natural resources deposit account, the oyster reserve land
account, the perpetual surveillance and maintenance account, the public
employees' retirement system plan 1 account, the public employees' retirement
system combined plan 2 and plan 3 account, the Puyallup tribal settlement
account, the resource management cost account, the site closure account, the
special wildlife account, the state employees' insurance account, the state
employees' insurance reserve account, the state investment board expense account,
the state investment board commingled trust fund accounts, the supplemental
pension account, the teachers' retirement system plan 1 account, the teachers'
retirement system combined plan 2 and plan 3 account, the tobacco prevention
and control account, the tobacco settlement account, the transportation
infrastructure account, the tuition recovery trust fund, the University of
Washington bond retirement fund, the University of Washington building account,
the volunteer fire fighters' and reserve officers' relief and pension principal
fund, the volunteer fire fighters' and reserve officers' administrative fund,
the Washington judicial retirement system account, the Washington law
enforcement officers' and fire fighters' system plan 1 retirement account, the
Washington law enforcement officers' and fire fighters' system plan 2
retirement account, the Washington school employees' retirement system combined
plan 2 and 3 account, the Washington state health insurance pool account, the
Washington state patrol retirement account, the Washington State University
building account, the Washington State University bond retirement fund, the
water pollution control revolving fund, and the Western Washington University
capital projects account. Earnings derived from investing balances of the
agricultural permanent fund, the normal school permanent fund, the permanent
common school fund, the scientific permanent fund, and the state university
permanent fund shall be allocated to their respective beneficiary accounts.
All earnings to be distributed under this subsection (4)(a) shall first be
reduced by the allocation to the state treasurer's service fund pursuant to RCW
43.08.190.
(b) The following
accounts and funds shall receive eighty percent of their proportionate share of
earnings based upon each account's or fund's average daily balance for the
period: The aeronautics account, the aircraft search and rescue account, the
county arterial preservation account, the department of licensing services
account, the essential rail assistance account, the ferry bond retirement fund,
the grade crossing protective fund, the high capacity transportation account,
the highway bond retirement fund, the highway safety account, the motor vehicle
fund, the motorcycle safety education account, the pilotage account, the public
transportation systems account, the Puget Sound capital construction account,
the Puget Sound ferry operations account, the recreational vehicle account, the
rural arterial trust account, the safety and education account, the special
category C account, the state patrol highway account, the transportation
equipment fund, the transportation fund, the transportation improvement
account, the transportation improvement board bond retirement account, and the
urban arterial trust account.
(5) In conformance with
Article II, section 37 of the state Constitution, no treasury accounts or funds
shall be allocated earnings without the specific affirmative directive of this
section.
NEW SECTION. Sec.
7. Section 5 of this act
expires March 1, 2002.
NEW
SECTION. Sec. 8. Section 6 of this act
takes effect March 1, 2002.
