READ FIRST TIME 02/25/05.   

     AN ACT Relating to creating an invasive species council; amending RCW 79A.25.010; adding new sections to chapter 79A.25 RCW; and providing an expiration date.

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

NEW SECTION.  Sec. 1   The legislature finds that:
     (1) The land, water, and other resources of Washington are being severely impacted by the invasion of an increasing number of harmful invasive plant and animal species.
     (2) These impacts are resulting in damage to Washington's environment and causing economic hardships.
     (3) The multitude of public and private organizations with an interest in controlling and preventing the spread of harmful invasive species in Washington need a mechanism for cooperation, communication, collaboration, and developing a statewide plan of action to meet these threats.

NEW SECTION.  Sec. 2   (1) There is created the Washington invasive species council to exist until December 31, 2011. Staff support to the council shall be provided by the committee and from the agencies represented on the council. For administrative purposes, the council shall be located within the committee.
     (2) The purpose of the council is to provide policy level direction, planning, and coordination for combating harmful invasive species throughout the state and preventing the introduction of others that may be potentially harmful.
     (3) The council is a joint effort between local, tribal, state, and federal governments, as well as the private sector and nongovernmental interests. The purpose of the council is to foster cooperation, communication, and coordinated approaches that support local, state, and regional initiatives for the prevention and control of invasive species.
     (4) For the purposes of this chapter, "invasive species" include nonnative organisms that cause economic or environmental harm and are capable of spreading to new areas of the state. "Invasive species" does not include domestic livestock, intentionally planted agronomic crops, or nonharmful exotic organisms.

NEW SECTION.  Sec. 3   (1) Membership in the council includes a representative from the following entities:
     (a) The department of agriculture, represented by the director or the director's designee;
     (b) The department of fish and wildlife, represented by the director or the director's designee;
     (c) The department of ecology, represented by the director or the director's designee;
     (d) The department of natural resources, represented by the commissioner or the commissioner's designee;
     (e) The department of transportation, represented by the secretary or the secretary's designee;
     (f) The Washington state noxious weed control board, appointed by the board;
     (g) A county located east of the crest of the Cascade mountains, appointed by the other members of the council; and
     (h) A county located west of the crest of the Cascade mountains, appointed by the other members of the council.
     (2) The councilmembers may add members to the council as the councilmembers deem appropriate to accomplish its goals.
     (3) The council must invite one representative each from the United States department of agriculture, the United States fish and wildlife service, the United States environmental protection agency, and the United States coast guard to participate on the council in a nonvoting, ex officio capacity.
     (4) A representative of the office of the governor must convene the first meeting of the council and serve as chair until the council selects a chair. At the first meeting of the council, the council shall address issues including, but not limited to, voting methods, meeting schedules, and the need for and use of advisory and technical committees.

NEW SECTION.  Sec. 4   The council's goals are to:
     (1) Minimize the effects of harmful invasive species on Washington's citizens and ensure the economic and environmental well-being of the state;
     (2) Serve as a forum for identifying and understanding invasive species issues from all perspectives;
     (3) Serve as a forum to facilitate the communication, cooperation, and coordination of local, tribal, state, federal, private, and nongovernmental entities for the prevention, control, and management of nonnative invasive species;
     (4) Serve as an avenue for public outreach and for raising public awareness of invasive species issues;
     (5) Develop and implement a statewide invasive species strategic plan as described in this chapter;
     (6) Review the current funding mechanisms and levels for state agencies to manage noxious weeds on the lands under their authority;
     (7) Make recommendations for legislation necessary to carry out the purposes of this chapter;
     (8) Establish criteria for the prioritization of invasive species response actions and projects; and
     (9) Utilizing the process described in subsection (8) of this section, select at least one project per year from the strategic plan for coordinated action by the Washington invasive species councilmember entities.

NEW SECTION.  Sec. 5   (1) The council shall develop and periodically update a statewide strategic plan for addressing invasive species. The strategic plan should incorporate the reports and activities of the aquatic nuisance species committee, the state noxious weed control board, and other appropriate reports and activities. In addition, the council must coordinate with the biodiversity council created in Executive Order 04-02 to ensure that a statewide strategy for the control of invasive species is integrated into the thirty-year strategy for biodiversity conservation that the biodiversity council must submit to the legislature in 2007.
     (2) The strategic plan must, at a minimum, address:
     (a) Statewide coordination and intergovernmental cooperation;
     (b) Prevention of new biological invasions through deliberate or unintentional introduction;
     (c) Inventory and monitoring of invasive species;
     (d) Early detection of and rapid response to new invasions;
     (e) Control, management, and eradication of established populations of invasive species;
     (f) Projects that can be implemented during the period covered by the strategic plan for the control, management, and eradication of new or established populations of invasive species;
     (g) Revegetation, reclamation, or restoration of native species following control or eradication of invasive species;
     (h) Tools that can be made available to assist state agencies that are responsible for managing public land to control invasive noxious weeds and recommendations as to how the agencies should be held responsible for the failure to control invasive noxious weeds;
     (i) Research and public education;
     (j) Funding and resources available for invasive species prevention, control, and management; and
     (k) Recommendations for legislation necessary to carry out the purposes of this chapter.
     (3) The strategic plan must be updated at least once every three years following its initial development. The strategic plan must be submitted to the governor and appropriate committees of the legislature by September 15th of each applicable year. The council shall complete the initial strategic plan within two years of the effective date of this section.
     (4) Each state department and agency named to the council shall, consistent with state law, make best efforts to implement elements of the completed plan that are applicable to the department or agency.

NEW SECTION.  Sec. 6   (1) The council shall submit an annual report of its activities to the governor and the relevant policy committees of the senate and house of representatives by December 15th of each year. The annual report must include an evaluation of progress made in the preceding year to implement or carry out the strategic plan and an identification of projects from the strategic plan that will be a focus for the following year.
     (2) Prior to the start of the 2011 legislative session, the council must prepare a report to the appropriate committees of the legislature that makes recommendations as to the extension or modification of the council.

NEW SECTION.  Sec. 7   The council may establish advisory and technical committees that it considers necessary to aid and advise the council in the performance of its functions. The committees may be continuing or temporary committees. The council shall determine the representation, membership, terms, and organization of the committees and appoint their members.

NEW SECTION.  Sec. 8   The invasive species council account is created in the custody of the state treasurer. All receipts from appropriations, gifts, grants, and donations must be deposited into the account. Expenditures from the account may be used only to carry out the purposes of the council. The account is subject to allotment procedures under chapter 43.88 RCW and the approval of the director of the committee is required for expenditures. All expenditures must be directed by the council.

Sec. 9   RCW 79A.25.010 and 1989 c 237 s 2 are each amended to read as follows:
     Definitions: As used in this chapter:
     (1) "Marine recreation land" means any land with or without improvements which (a) provides access to, or in whole or in part borders on, fresh or salt water suitable for recreational use by watercraft, or (b) may be used to create, add to, or make more usable, bodies of water, waterways, or land, for recreational use by watercraft.
     (2) "Public body" means any county, city, town, port district, park and recreation district, metropolitan park district, or other municipal corporation which is authorized to acquire or improve public outdoor recreation land, and shall also mean Indian tribes now or hereafter recognized as such by the federal government for participation in the land and water conservation program.
     (3) "Tax on marine fuel" means motor vehicle fuel tax which is (a) tax on fuel used in, or sold or distributed for use in, any watercraft, (b) refundable pursuant to chapter 82.36 RCW, and (c) paid to the director of licensing with respect to taxable sales, distributions, or uses occurring on or after December 3, 1964.
     (4) "Watercraft" means any boat, vessel, or other craft used for navigation on or through water.
     (5) "Committee" means the interagency committee for outdoor recreation.
     (6) "Director" means the director of the interagency committee for outdoor recreation.
     (7) "Council" means the Washington invasive species council created in section 2 of this act.

NEW SECTION.  Sec. 10   Section 8 of this act expires December 31, 2011.

NEW SECTION.  Sec. 11   Sections 1 through 8 of this act are each added to chapter 79A.25 RCW.