BILL REQ. #:  S-4903.2 

READ FIRST TIME 02/02/06.   

     AN ACT Relating to watershed management partnerships; amending RCW 39.34.190; adding a new section to chapter 39.34 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature finds that local governments, special districts, and utilities that cooperate in watershed management partnerships are acting in the public interest and in a manner that is intended to maintain healthy watershed function while sustaining growing populations and maximum beneficial use of water in the watershed over time. Therefore, it is the intent of this act to provide additional funding authority to assist watershed management partnerships with the implementation of local watershed plans.

NEW SECTION.  Sec. 2   A new section is added to chapter 39.34 RCW to read as follows:
     (1) In addition to any other revenues used to carry out a watershed management plan, a watershed management partnership may, for the purpose of implementing any portion or all elements of that plan, including the coordination and oversight of plan implementation, recommend imposition of some or all of the following revenue sources, as provided in this section, which each of the members of the watershed management partnership shall impose, collect, and transfer to the watershed management partnership upon approval of the voters:
     (a) A watershed management fee, imposed by the watershed management partnership as a surcharge on rates, charges, or assessments for the delivery of water imposed by cities, counties, and special purpose districts within the boundaries of the members of the watershed management partnership; and
     (b) Ad valorem property tax levies, in excess of the one percent limitation, for the retirement of voter-approved general obligation bonds issued by a watershed management partnership or by some or all of its members, and payable from such taxes, whenever authorized by the voters in all members' jurisdictions as provided in this section, and subject to Article VII, section 2(b) of the state Constitution and RCW 84.52.056.
     (2) The taxes and fees authorized under subsection (1)(b) of this section may not be imposed within a member's boundaries without an affirmative vote of the majority of the voters within the boundaries of that jurisdiction voting on a ballot proposition to approve imposition of the tax. A revenue proposal shall be submitted at a special or general election on the same day in all members' jurisdictions. Revenues from these taxes and fees may be used only to implement the watershed management plan as set forth in this chapter. No tax or fee authorized under this section may be imposed by more than one member within any geographic area, and the rate of any such tax or fee shall be uniform throughout the geographic areas of the members of the watershed management partnership. If the geographic areas of members overlap, those members shall by written agreement provide for which entity will impose and collect the tax or fee within that area. A watershed management partnership and its members may contract with the state department of revenue or other appropriate entities for administration and collection of any of the taxes or fees authorized in this section.
     (3) Nothing in this section shall be deemed to limit any member of a watershed management partnership from imposing or collecting, and allocating to the purposes of a watershed management partnership, other taxes, rates, fees, and charges as may be separately authorized by law.

Sec. 3   RCW 39.34.190 and 2003 c 327 s 2 are each amended to read as follows:
     (1) The legislative authority of a city or county and the governing body of any special purpose district enumerated in subsection (2) of this section may authorize up to ten percent of its water-related revenues to be expended in the implementation of watershed management plan projects or activities that are in addition to the county's, city's, or district's existing water-related services or activities. Such limitation on expenditures shall not apply to additional revenues for watershed plan implementation that are authorized by voter approval under section ((5)) 2 of this act or to water-related revenues of a public utility district organized according to Title 54 RCW. Water-related revenues include rates, charges, and fees for the provision of services relating to water supply, treatment, distribution, and management generally, and those general revenues of the local government that are expended for water management purposes. A local government may not expend for this purpose any revenues that were authorized by voter approval for other specified purposes or that are specifically dedicated to the repayment of municipal bonds or other debt instruments.
     (2) The following special purpose districts may exercise the authority provided by this section:
     (a) Water districts, sewer districts, and water-sewer districts organized under Title 57 RCW;
     (b) Public utility districts organized under Title 54 RCW;
     (c) Irrigation, reclamation, conservation, and similar districts organized under Titles 87 and 89 RCW;
     (d) Port districts organized under Title 53 RCW;
     (e) Diking, drainage, and similar districts organized under Title 85 RCW;
     (f) Flood control and similar districts organized under Title 86 RCW;
     (g) Lake management districts organized under chapter 36.61 RCW;
     (h) Aquifer protection areas organized under chapter 36.36 RCW; and
     (i) Shellfish protection districts organized under chapter 90.72 RCW.
     (3) The authority for expenditure of local government revenues provided by this section shall be applicable broadly to the implementation of watershed management plans addressing water supply, water transmission, water quality treatment or protection, or any other water-related purposes. Such plans include but are not limited to plans developed under the following authorities:
     (a) Watershed plans developed under chapter 90.82 RCW;
     (b) Salmon recovery plans developed under chapter 77.85 RCW;
     (c) Watershed management elements of comprehensive land use plans developed under the growth management act, chapter 36.70A RCW;
     (d) Watershed management elements of shoreline master programs developed under the shoreline management act, chapter 90.58 RCW;
     (e) Nonpoint pollution action plans developed under the Puget Sound water quality management planning authorities of chapter 90.71 RCW and chapter 400-12 WAC;
     (f) Other comprehensive management plans addressing watershed health at a WRIA level or sub-WRIA basin drainage level;
     (g) Coordinated water system plans under chapter 70.116 RCW and similar regional plans for water supply; and
     (h) Any combination of the foregoing plans in an integrated watershed management plan.
     (4) The authority provided by this section to expend revenues for watershed management plan implementation shall be construed broadly to include, but not be limited to:
     (a) The coordination and oversight of plan implementation, including funding a watershed management partnership for this purpose;
     (b) Technical support, monitoring, and data collection and analysis;
     (c) The design, development, construction, and operation of projects included in the plan; and
     (d) Conducting activities and programs included as elements in the plan.