BILL REQ. #:  H-3597.1 

Prefiled 12/09/09. Read first time 01/11/10.   Referred to Committee on Agriculture & Natural Resources.

     AN ACT Relating to long-term noxious weed management on land newly acquired by the fish and wildlife commission; and amending RCW 77.12.037.

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

Sec. 1   RCW 77.12.037 and 2000 c 107 s 4 are each amended to read as follows:
     (1) Except as otherwise provided in this section, the commission may acquire by gift, easement, purchase, lease, or condemnation lands, buildings, water rights, rights-of-way, or other necessary property, and construct and maintain necessary facilities for purposes consistent with this title. The commission may authorize the director to acquire property ((under)) consistent with this section, but the power of condemnation may only be exercised by the director when an appropriation has been made by the legislature for the acquisition of a specific property, except to clear title and acquire access rights-of-way.
     (2) The commission may sell, lease, convey, or grant concessions upon real or personal property under the control of the department.
     (3)(a) The authority of the commission to purchase undeveloped real property is limited to instances when, prior to assuming title to the property, the department has developed a long-term noxious weed management plan for the property in question. If an initial long-term noxious weed management plan, completed consistent with this section, is not approved by the commission before the closing date of the sale in question, no agency of state government may release any funds required to complete the real estate transaction.
     (b) Any long-term noxious weed management plan adopted by the department under this section must include the identification of a dedicated funding source to allow for the execution of the management plan. The department may identify a bond or other financial guarantee as a qualifying dedicated funding source. However, the dedicated funding source must not be contingent on future legislative appropriations. The department may seek out and accept dedicated funding from the federal government or a local government or charitable donations from nonprofit organizations, citizens, or private sector businesses to support any financial guarantees identified in the weed management plan.