BILL REQ. #:  H-1358.2 

Read first time 02/14/2005.   Referred to Committee on Natural Resources, Ecology & Parks.

     AN ACT Relating to improving lake water quality by establishing a program to control and prevent harmful algae blooms; amending RCW 90.48.447 and 70.146.030; adding a new section to chapter 90.48 RCW; creating a new section; and declaring an emergency.

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

NEW SECTION.  Sec. 1   (1) The legislature finds that harmful algal blooms can create serious environmental consequences for this state. The legislature recognizes harmful algal blooms occur in fresh water, marine water, and estuarine environments when certain algae grow rapidly. The legislature finds harmful algal blooms can threaten aquatic habitat and other aquatic organisms by depleting oxygen, blocking sunlight, and degrading water quality.
     (2) The legislature finds harmful algal blooms pose significant health risks for animals and humans in this state. The legislature recognizes that the algae in harmful algal blooms may release toxins impacting both animal and human health. The legislature finds various neurological, gastrointestinal, and other health problems may arise in animals and humans from exposure to water with harmful algal blooms. The legislature also finds that significant, potentially life-threatening health problems are associated with eating shellfish or seafood contaminated with toxins from harmful algal blooms.
     (3) The legislature recognizes that the federal centers for disease control and prevention investigate the health effects of harmful algal blooms and identify possible health effects of several types of harmful algal blooms. Specifically, the legislature recognizes the federal centers for disease control and prevention warn that:
     (a) Persons drinking or swimming in water with high concentrations of cyanobacteria, also known as blue-green algae, or its toxins may experience gastroenteritis, skin irritation, allergic responses, or liver damage;
     (b) Persons eating shellfish with toxins from harmful marine algae, associated with red tides, may experience neurological symptoms, and susceptible persons who inhale these toxins may experience asthma attacks; and
     (c) Fish and marine mammals may be harmed or killed from exposure to harmful marine algae.
     (4) The legislature finds that animals and humans are vulnerable to dangers associated with harmful algal blooms in this state. The legislature recognizes that harmful algal blooms have occurred in recent years in Washington's marine and fresh water environments. The legislature recognizes that a harmful algal bloom of pseudonitzschia in September 2004 was located fifteen miles off the northwest coast of Washington and stretched across thirty miles. The legislature also recognizes that Steilacoom Lake's repeated harmful algal blooms of cyanobacteria in the last decade led to the local health department's posting of public health warnings and are linked to the deaths of at least two family pets.
     (5) The legislature finds that immediate action is necessary to address the significant public health threat associated with harmful algal blooms in the state's lakes. The legislature finds that the state's current approach to treating harmful algal blooms in lakes has not proven effective to mitigate the dramatic risks to humans and animals living near or recreating on the state's lakes. The legislature therefore finds that the state must immediately pursue an aggressive program to prevent or control harmful algal blooms in lakes. The legislature further finds this program must address the causes of harmful algal blooms in lakes and identify effective treatments and actions to combat the deleterious effects of harmful algal blooms in lakes.

NEW SECTION.  Sec. 2   A new section is added to chapter 90.48 RCW to read as follows:
     (1) The department is the lead agency for the prevention and control of harmful algal blooms in lakes. The department's responsibilities as the lead agency include, but are not limited to:
     (a) Coordination of the prevention and control program, including memorandums of understanding, contracts, and agreements with local, state, federal, and tribal governmental entities and private parties;
     (b) Preparation of a statewide harmful algae management plan for the state's lakes developed in cooperation with local, state, federal, and tribal governments, private landowners, and concerned citizens. The plan shall prioritize areas for control. Nothing in this subsection prohibits the department from taking action to prevent or control harmful algal blooms in a particular area of the state in accordance with a plan previously prepared by the state while preparing the statewide plan; and
     (c) Directing on-the-ground control efforts that include, but are not limited to: Control work and contracts; harmful algae surveys; collection and maintenance of harmful algae location data; purchasing equipment, goods, and services; survey of threatened and endangered species; site-specific environmental information and documents; and evaluation of the effectiveness of control efforts.
     (2) The department shall issue or approve water quality permits for use by federal, state, or local government agencies, licensed applicators, and private parties for the prevention and control of harmful algal blooms. The department shall develop and implement an expedited general permit process for treatments to prevent and control harmful algal blooms in lakes. The department may not utilize the permit authority in this subsection to otherwise condition or burden efforts to prevent or control harmful algal blooms.
     (3) The department shall submit a report on the harmful algal bloom prevention and control program to the appropriate standing committees of the house of representatives and the senate no later than December 15th of each year through 2010. The annual report must describe the:
     (a) Progress of the program;
     (b) Lakes and number of acres treated by various methods of control;
     (c) Funds spent; and
     (d) Recommendations, if any, for legislative or regulatory changes to facilitate harmful algal bloom prevention and control in lakes.
     (4) The department may grant funds to other state agencies, local governments, and nonprofit corporations for the prevention or control of harmful algal blooms in lakes and may use those moneys itself. The department may match private funds for prevention or control programs on private property on a fifty-fifty matching basis. The accounting and supervision of the funds at the local level must be conducted by the department.

Sec. 3   RCW 90.48.447 and 1999 c 255 s 2 are each amended to read as follows:
     (1) The department of ecology shall update the final supplemental environmental impact statement completed in 1992 for the aquatic plant management program to reflect new information on herbicides evaluated in 1992 and new, commercially available herbicides. The department shall maintain the currency of the information on herbicides and evaluate new herbicides as they become commercially available.
     (2) For the ((1999)) 2005 treatment season, the department shall ((permit)) prepare a risk assessment to be completed by May 15, ((1999)) 2005, ((municipal)) for experimental ((application)) treatments of ((herbicides such as hydrothol 191 for)) calcium hydroxide and carbon dioxide to form calcium carbonate as a mechanism to address phosphorus concentrations and algae control in lakes ((managed under chapter 90.24 RCW. If experimental use is determined to be ineffective, then the department shall within fourteen days consult with other state, federal, and local agencies and interested parties, and may permit the use of copper sulfate. The Washington institute for public policy shall contract for a study on the lake-wide effectiveness of any herbicide used under this subsection. Prior to issuing the contract for the study, the institute for public policy shall determine the parameters of the study in consultation with licensed applicators who have recent experience treating the lake and with the nonprofit corporation that participated in centennial clean water fund phase one lake management studies for the lake. The parameters must include measurement of the lake-wide effectiveness of the application of the herbicide in maintaining beneficial uses of the lake, including any uses designated under state or federal water quality standards. The effectiveness of the application shall be determined by objective criteria such as turbidity of the water, the effectiveness in killing algae, any harm to fish or wildlife, any risk to human health, or other criteria developed by the institute. The results of the study shall be reported to the appropriate legislative committees by December 1, 1999. A general fund appropriation in the amount of $35,000 is provided to the Washington institute for public policy for fiscal year 1999 for the study required under this subsection)) in which harmful algal blooms have occurred within the past three years. The department shall also prepare risk assessments for other experimental treatments proposed to address phosphorus concentrations and algae control in lakes in which harmful algal blooms have occurred within the past three years.

Sec. 4   RCW 70.146.030 and 2004 c 277 s 909 are each amended to read as follows:
     (1) The water quality account is hereby created in the state treasury. Moneys in the account may be used only in a manner consistent with this chapter. Moneys deposited in the account shall be administered by the department of ecology and shall be subject to legislative appropriation. Moneys placed in the account shall include tax receipts as provided in RCW 82.24.027, 82.26.025, and 82.32.390, principal and interest from the repayment of any loans granted pursuant to this chapter, and any other moneys appropriated to the account by the legislature.
     (2) The department may use or permit the use of any moneys in the account to make grants or loans to public bodies, including grants to public bodies as cost-sharing moneys in any case where federal, local, or other funds are made available on a cost-sharing basis, for water pollution control facilities and activities, or for purposes of assisting a public body to obtain an ownership interest in water pollution control facilities and/or to defray a part of the payments made by a public body to a service provider under a service agreement entered into pursuant to RCW 70.150.060, within the purposes of this chapter and for related administrative expenses. For the period July 1, 2003, to June 30, 2005, moneys in the account may be used to process applications received by the department that seek to make changes to or transfer existing water rights, for water conveyance projects, and for grants and technical assistance to public bodies for watershed planning under chapter 90.82 RCW. No more than three percent of the moneys deposited in the account may be used by the department to pay for the administration of the grant and loan program authorized by this chapter.
     (3) Ten percent of the moneys deposited into the water quality account must be allocated for program activities that control and prevent harmful algal blooms in lakes and to award grants to state agencies, local governments, nonprofit corporations, firms, or any other entity for the control and prevention of harmful algal blooms in lakes. Grant funds may match private funds on an equal basis.
     (4) Beginning with the biennium ending June 30, 1997, the department shall present a biennial progress report on the use of moneys from the account to the chairs of the senate committee on ways and means and the house of representatives committee on appropriations. The first report is due June 30, 1996, and the report for each succeeding biennium is due December 31 of the odd-numbered year. The report shall consist of a list of each recipient, project description, and amount of the grant, loan, or both.

NEW SECTION.  Sec. 5   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.