HB 2351 -
By Representative Hinkle
NOT CONSIDERED 03/11/2010
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 79A.15.020 and 2007 c 241 s 27 are each amended to
read as follows:
The habitat conservation account is established in the state
treasury. The board ((shall)) must administer the account in
accordance with chapter 79A.25 RCW and this chapter, and ((shall)) must
hold it separate and apart from all other money, funds, and accounts of
the board. By January 1, 2011, the state treasurer must transfer from
the habitat conservation account to the enhanced 911 account created in
RCW 38.52.540, seven million five hundred thousand dollars.
Sec. 2 RCW 79A.15.120 and 2009 c 341 s 4 and 2009 c 16 s 2 are
each reenacted and amended to read as follows:
(1) The riparian protection account is established in the state
treasury. The board must administer the account in accordance with
chapter 79A.25 RCW and this chapter, and hold it separate and apart
from all other money, funds, and accounts of the board.
(2) Moneys appropriated for this chapter to the riparian protection
account must be distributed for the acquisition or enhancement or
restoration of riparian habitat. All enhancement or restoration
projects, except those qualifying under subsection (9)(a) of this
section, must include the acquisition of a real property interest in
order to be eligible.
(3) State and local agencies and lead entities under chapter 77.85
RCW, nonprofit nature conservancy organizations or associations, and
the conservation commission may apply for acquisition and enhancement
or restoration funds for riparian habitat projects under subsection (1)
of this section. Other state agencies not defined in RCW 79A.15.010,
such as the department of transportation and the department of
corrections, may enter into interagency agreements with state agencies
to apply in partnership for funds under this section.
(4) The board may adopt rules establishing acquisition policies and
priorities for distributions from the riparian protection account.
(5) Except as provided in RCW 79A.15.030(7), moneys appropriated
for this section may not be used by the board to fund staff positions
or other overhead expenses, or by a state, regional, or local agency to
fund operation or maintenance of areas acquired under this chapter.
(6) Moneys appropriated for this section may be used by grant
recipients for costs incidental to restoration and acquisition,
including, but not limited to, surveying expenses, fencing, and
signing.
(7) The board may not approve a local project where the local
agency or nonprofit nature conservancy organization or association
share is less than the amount to be awarded from the riparian
protection account. In-kind contributions, including contributions of
a real property interest in land may be used to satisfy the local
agency's or nonprofit nature conservancy organization's or
association's share.
(8) State agencies receiving grants for acquisition of land under
this section must pay an amount in lieu of real property taxes equal to
the amount of tax that would be due if the land were taxable as open
space land under chapter 84.34 RCW except taxes levied for any state
purpose, plus an additional amount for control of noxious weeds equal
to that which would be paid if such lands were privately owned. The
county assessor and county legislative authority shall assist in
determining the appropriate calculation of the amount of tax that would
be due.
(9) In determining acquisition priorities with respect to the
riparian protection account, the board must consider, at a minimum, the
following criteria:
(a) Whether the project continues the conservation reserve
enhancement program. Applications that extend the duration of leases
of riparian areas that are currently enrolled in the conservation
reserve enhancement program shall be eligible. Such applications are
eligible for a conservation lease extension of at least twenty-five
years of duration;
(b) Whether the projects are identified or recommended in a
watershed planning process under chapter 247, Laws of 1998, salmon
recovery planning under chapter 77.85 RCW, or other local plans, such
as habitat conservation plans, and these must be highly considered in
the process;
(c) Whether there is community support for the project;
(d) Whether the proposal includes an ongoing stewardship program
that includes control of noxious weeds, detrimental invasive species,
and that identifies the source of the funds from which the stewardship
program will be funded;
(e) Whether there is an immediate threat to the site;
(f) Whether the quality of the habitat is improved or, for projects
including restoration or enhancement, the potential for restoring
quality habitat including linkage of the site to other high quality
habitat;
(g) Whether the project is consistent with a local land use plan,
or a regional or statewide recreational or resource plan. The projects
that assist in the implementation of local shoreline master plans
updated according to RCW 90.58.080 or local comprehensive plans updated
according to RCW 36.70A.130 must be highly considered in the process;
(h) Whether the site has educational or scientific value; and
(i) Whether the site has passive recreational values for walking
trails, wildlife viewing, or the observation of natural settings.
(10) Before November 1st of each even-numbered year, the board will
recommend to the governor a prioritized list of projects to be funded
under this section. The governor may remove projects from the list
recommended by the board and will submit this amended list in the
capital budget request to the legislature. The list must include, but
not be limited to, a description of each project and any particular
match requirement.
(11) By January 1, 2011, the state treasurer must transfer from the
riparian protection account to the enhanced 911 account created in RCW
38.52.540, seven million five hundred thousand dollars.
Sec. 3 RCW 79A.15.130 and 2009 c 341 s 5 are each amended to read
as follows:
(1) The farmlands preservation account is established in the state
treasury. The board will administer the account in accordance with
chapter 79A.25 RCW and this chapter, and hold it separate and apart
from all other money, funds, and accounts of the board. Moneys
appropriated for this chapter to the farmlands preservation account
must be distributed for the acquisition and preservation of farmlands
in order to maintain the opportunity for agricultural activity upon
these lands.
(2)(a) Moneys appropriated for this chapter to the farmlands
preservation account may be distributed for (i) the fee simple or less
than fee simple acquisition of farmlands; (ii) the enhancement or
restoration of ecological functions on those properties; or (iii) both.
In order for a farmland preservation grant to provide for an
environmental enhancement or restoration project, the project must
include the acquisition of a real property interest.
(b) If a city, county, nonprofit nature conservancy organization or
association, or the conservation commission acquires a property through
this program in fee simple, the city, county, nonprofit nature
conservancy organization or association, or the conservation commission
shall endeavor to secure preservation of the property through placing
a conservation easement, or other form of deed restriction, on the
property which dedicates the land to agricultural use and retains one
or more property rights in perpetuity. Once an easement or other form
of deed restriction is placed on the property, the city, county,
nonprofit nature conservancy organization or association, or the
conservation commission shall seek to sell the property, at fair market
value, to a person or persons who will maintain the property in
agricultural production. Any moneys from the sale of the property
shall either be used to purchase interests in additional properties
which meet the criteria in subsection (9) of this section, or to repay
the grant from the state which was originally used to purchase the
property.
(3) Cities, counties, nonprofit nature conservancy organizations or
associations, and the conservation commission may apply for acquisition
and enhancement or restoration funds for farmland preservation projects
within their jurisdictions under subsection (1) of this section.
(4) The board may adopt rules establishing acquisition and
enhancement or restoration policies and priorities for distributions
from the farmlands preservation account.
(5) The acquisition of a property right in a project under this
section by a county, city, nonprofit nature conservancy organization or
association, or the conservation commission does not provide a right of
access to the property by the public unless explicitly provided for in
a conservation easement or other form of deed restriction.
(6) Except as provided in RCW 79A.15.030(7), moneys appropriated
for this section may not be used by the board to fund staff positions
or other overhead expenses, or by a city, county, nonprofit nature
conservancy organization or association, or the conservation commission
to fund operation or maintenance of areas acquired under this chapter.
(7) Moneys appropriated for this section may be used by grant
recipients for costs incidental to restoration and acquisition,
including, but not limited to, surveying expenses, fencing, and
signing.
(8) The board may not approve a local project where the local
agency's or nonprofit nature conservancy organization's or
association's share is less than the amount to be awarded from the
farmlands preservation account. In-kind contributions, including
contributions of a real property interest in land, may be used to
satisfy the local agency's or nonprofit nature conservancy
organization's or association's share.
(9) In determining the acquisition priorities, the board must
consider, at a minimum, the following criteria:
(a) Community support for the project;
(b) A recommendation as part of a limiting factors or critical
pathways analysis, a watershed plan or habitat conservation plan, or a
coordinated regionwide prioritization effort;
(c) The likelihood of the conversion of the site to nonagricultural
or more highly developed usage;
(d) Consistency with a local land use plan, or a regional or
statewide recreational or resource plan. The projects that assist in
the implementation of local shoreline master plans updated according to
RCW 90.58.080 or local comprehensive plans updated according to RCW
36.70A.130 must be highly considered in the process;
(e) Benefits to salmonids;
(f) Benefits to other fish and wildlife habitat;
(g) Integration with recovery efforts for endangered, threatened,
or sensitive species;
(h) The viability of the site for continued agricultural
production, including, but not limited to:
(i) Soil types;
(ii) On-site production and support facilities such as barns,
irrigation systems, crop processing and storage facilities, wells,
housing, livestock sheds, and other farming infrastructure;
(iii) Suitability for producing different types or varieties of
crops;
(iv) Farm-to-market access;
(v) Water availability; and
(i) Other community values provided by the property when used as
agricultural land, including, but not limited to:
(i) Viewshed;
(ii) Aquifer recharge;
(iii) Occasional or periodic collector for storm water runoff;
(iv) Agricultural sector job creation;
(v) Migratory bird habitat and forage area; and
(vi) Educational and curriculum potential.
(10) In allotting funds for environmental enhancement or
restoration projects, the board will require the projects to meet the
following criteria:
(a) Enhancement or restoration projects must further the ecological
functions of the farmlands;
(b) The projects, such as fencing, bridging watercourses,
replanting native vegetation, replacing culverts, clearing of
waterways, etc., must be less than fifty percent of the acquisition
cost of the project including any in-kind contribution by any party;
(c) The projects should be based on accepted methods of achieving
beneficial enhancement or restoration results; and
(d) The projects should enhance the viability of the preserved
farmland to provide agricultural production while conforming to any
legal requirements for habitat protection.
(11) Before November 1st of each even-numbered year, the board will
recommend to the governor a prioritized list of all projects to be
funded under this section. The governor may remove projects from the
list recommended by the board and must submit this amended list in the
capital budget request to the legislature. The list must include, but
not be limited to, a description of each project and any particular
match requirement.
(12) By January 1, 2011, the state treasurer must transfer from the
farmlands preservation account to the enhanced 911 account created in
RCW 38.52.540, seven million five hundred thousand dollars.
Sec. 4 RCW 79A.25.060 and 2007 c 241 s 43 are each amended to
read as follows:
The outdoor recreation account is created in the state treasury.
Moneys in the account are subject to legislative appropriation. The
board shall administer the account in accordance with chapter 79A.15
RCW and this chapter, and shall hold it separate and apart from all
other money, funds, and accounts of the board.
Grants, gifts, or other financial assistance, proceeds received
from public bodies as administrative cost contributions, and moneys
made available to the state of Washington by the federal government for
outdoor recreation, may be deposited into the account.
By January 1, 2011, the state treasurer must transfer from the
outdoor recreation account to the enhanced 911 account created in RCW
38.52.540, two million five hundred thousand dollars.
Sec. 5 RCW 38.52.540 and 2002 c 371 s 905 and 2002 c 341 s 4 are
each reenacted and amended to read as follows:
(1) The enhanced 911 account is created in the state treasury. All
receipts from the state enhanced 911 excise taxes imposed by RCW
82.14B.030 shall be deposited into the account. Moneys in the account
shall be used only to support the statewide coordination and management
of the enhanced 911 system, for the implementation of wireless enhanced
911 statewide, and to help supplement, within available funds, the
operational costs of the system, including adequate funding of counties
to enable implementation of wireless enhanced 911 service and
reimbursement of radio communications service companies for costs
incurred in providing wireless enhanced 911 service pursuant to
negotiated contracts between the counties or their agents and the radio
communications service companies.
(2) Funds generated by the enhanced 911 excise tax imposed by RCW
82.14B.030(3) shall not be distributed to any county that has not
imposed the maximum county enhanced 911 tax allowed under RCW
82.14B.030(1). Funds generated by the enhanced 911 excise tax imposed
by RCW 82.14B.030(4) shall not be distributed to any county that has
not imposed the maximum county enhanced 911 tax allowed under RCW
82.14B.030(2).
(3) The state enhanced 911 coordinator, with the advice and
assistance of the enhanced 911 advisory committee, is authorized to
enter into statewide agreements to improve the efficiency of enhanced
911 services for all counties and shall specify by rule the additional
purposes for which moneys, if available, may be expended from this
account.
(4) ((During the 2001-2003 fiscal biennium, the legislature may
transfer from the enhanced 911 account to the state general fund such
amounts as reflect the excess fund balance of the account.)) All
transfers into the enhanced 911 account from the riparian protection
account, the habitat conservation account, the outdoor recreation
account, and the farmlands preservation account must be used for the
modernization of enhanced 911 communications systems statewide."
Correct the title.
EFFECT: Transfers a total of $25 million from the Washington wildlife and recreation accounts into the state enhanced 911 account. Requires the transferred money to be used exclusively for the modernization of enhanced 911 communications systems statewide.