Brief Description: Regarding shellfish protection district wastewater discharge fees, rates, and charges.

Sponsors: Senate Committee on Water, Energy & Telecommunications (originally sponsored by Senators Spanel, Haugen and Rasmussen).

Senate Committee on Water, Energy & Telecommunications
House Committee on Agriculture & Natural Resources

Background: County legislative authorities may create a shellfish protection district and adopt shellfish protection programs to address water quality issues affecting growing and harvesting shellfish. Counties must coordinate and cooperate with cities, towns, and water-related special districts within their boundaries in establishing shellfish protection districts and carrying out shellfish protection programs. Counties must also consult with the Departments of Health, Ecology, Agriculture, or the Conservation Commission about the elements of the shellfish protection program. To date, 12 districts exist, and eight have resulted in classification upgrades and re-openings.

Counties may finance a shellfish protection program through county tax revenues, inspection fees and other fees for provided services, rates specified in the protection program, or with federal, state, or private grants. Fees, rates, or charges must not be imposed by districts on the following: (1) confined animal feeding operations subject to the National Pollutant Discharge Elimination System (NPDES); (2) other facilities permitted and assessed fees under the NPDES system; and (3) timberlands classified under state timber and open space tax laws.

All dairy animal feeding operations are required to adopt a dairy nutrient management plan to assure the dairy does not discharge into state waters. These plans must be approved and certified by the local conservation district.

Summary: A shellfish protection district that charges rates or fees through county tax revenues, inspection fees, or reasonable charges must include sufficient detail of the expenditures of the revenue in its annual report. The exemption of a confined animal feeding operation subject to the national pollutant discharge elimination system from fees, rates, or charges by a shellfish protection district is removed. Dairy animal feeding operations with certified dairy nutrient management plans submitted to the local conservation district and commercial agricultural operations on agricultural lands are subject to fees, rates, or charges by a shellfish protection district of not more than $500 in a calendar year.

Votes on Final Passage:

Senate      43   0
House      96   0   (House amended)
Senate      47   0   (Senate concurred)

Effective: June 12, 2008