BILL REQ. #:  H-4203.1 

Read first time 01/14/10.   Referred to Committee on Judiciary.

     AN ACT Relating to Green river emergency flooding preparedness and response; amending RCW 86.12.037 and 86.15.080; adding a new section to chapter 38.52 RCW; making an appropriation; and declaring an emergency.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 38.52 RCW to read as follows:
     (1) The legislature finds that recent flooding events over the last several years have put citizens and businesses in devastating situations that have resulted in extreme economic loss. This is particularly acute in the Green river watershed where the army corps of engineers has found the Howard Hanson dam to be structurally deficient. While it is important for the state to provide public safety and emergency response during an emergency resulting from a natural disaster, it is equally important to provide emergency preparedness and disaster mitigation information prior to an emergency, and recovery and disaster mitigation help after an emergency; all of which will contribute to making the public more prepared during an emergency response.
     (2) Washington state's topography, geography, location, and history show that certain areas of the state are at particular risk to both natural disasters and human-caused disasters. The economic impact from the 2007 flood disasters alone in Washington were estimated at over five hundred million dollars. Current conditions at the Howard Hanson dam may cause overflows into the Green river valley area that greatly exceed channel capacity. Critical flood control levees may overtop and may weaken from saturation. Sudden changes in flood conditions are possible, especially in levee-protected areas. These changes may include rapidly rising water, Green river flooding, widespread inundation, road closures, utility disruptions, loss of homes, and the loss and closure of many businesses in the Renton, Tukwila, Auburn, and Kent areas located in the Green river valley. The Green river valley is one of the largest warehouse areas on the west coast. Severe flooding has the potential to damage businesses throughout the state and the western United States. In response, Washington state and local governments have implemented all hazards emergency management and disaster response plans. However, recent studies have revealed the lack of a secure funding source that impedes the Green river valley's ability to fully integrate and coordinate comprehensive disaster preparedness planning.
     (3) Recognizing that all disasters are local disasters, the legislature intends to strengthen emergency response, mitigation, preparation, and coordination by establishing a source of funding for flood control and relocation of those private citizens and businesses that may be displaced during a flood disaster.

NEW SECTION.  Sec. 2   (1) The sum of twenty-five million dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 2011, from the state building construction account to the Washington military department, working in cooperation with the flood division of the department of ecology, the King county flood control district, and other respective local governments, as appropriate, to participate in flood hazard mitigation and response projects for the Green river valley area.
     (2) The Washington military department shall administer the Green river flood assistance funds and establish rules for its administration in consultation with the emergency management council and the Washington state emergency management association. The Washington military department shall:
     (a) Use no more than five million dollars of the funds appropriated for relocation costs (including, but not limited to, land acquisition) of public facilities, infrastructure, and citizens and businesses that are displaced by Green river flooding conditions; and
     (b) Use no more than twenty million dollars of the funds appropriated for costs that are directed at prevention, including levy repair and strengthening, emergency response, including full access of federal funds, mitigation, preparation, coordination, and recovery.
     (3) Projects funded under this section shall include, but need not be limited to, projects that will promote neighborhood level public education on disaster preparedness.

Sec. 3   RCW 86.12.037 and 1921 c 185 s 1 are each amended to read as follows:
     No action shall be brought or maintained against any county, city, or flood control zone district when acting alone or when acting jointly with any other county, city, or flood control zone district under any law, or any of its or their agents, officers, or employees, for any noncontractual acts or omissions of such county or counties, city or cities, flood control zone district or districts, or any of its or their agents, officers, or employees, relating to the improvement, protection, regulation, and control for flood prevention and navigation purposes of any river or its tributaries and the beds, banks, and waters thereof: PROVIDED, That nothing contained in this section shall apply to or affect any action now pending or begun prior to the passage of this section.

Sec. 4   RCW 86.15.080 and 1983 c 315 s 13 are each amended to read as follows:
     A zone or participating zone may:
     (1) Exercise all the powers and immunities vested in a county for flood water or storm water control purposes under the provisions of chapters 86.12, 86.13, 36.89, and 36.94 RCW: PROVIDED, That in exercising such powers, all actions shall be taken in the name of the zone and title to all property or property rights shall vest in the zone;
     (2) Plan, construct, acquire, repair, maintain, and operate all necessary equipment, facilities, improvements, and works to control, conserve, and remove flood waters and storm waters and to otherwise carry out the purposes of this chapter including, but not limited to, protection of the quality of water sources;
     (3) Take action necessary to protect life and property within the district from flood water damage, including in the context of an emergency, as defined in RCW 38.52.010, using covered volunteer emergency workers, as defined in RCW 38.52.010 and 38.52.180(5)(a), subject to and in accordance with the terms of RCW 38.52.180;
     (4) Control, conserve, retain, reclaim, and remove flood waters and storm waters, including waters of lakes and ponds within the district, and dispose of the same for beneficial or useful purposes under such terms and conditions as the board may deem appropriate, subject to the acquisition by the board of appropriate water rights in accordance with the statutes;
     (5) Acquire necessary property, property rights, facilities, and equipment necessary to the purposes of the zone by purchase, gift, or condemnation: PROVIDED, That property of municipal corporations may not be acquired without the consent of such municipal corporation;
     (6) Sue and be sued in the name of the zone;
     (7) Acquire or reclaim lands when incidental to the purposes of the zone and dispose of such lands as are surplus to the needs of the zone in the manner provided for the disposal of county property in chapter 36.34 RCW;
     (8) Cooperate with or join with the state of Washington, United States, another state, any agency, corporation or political subdivision of the United States or any state, Canada, or any private corporation or individual for the purposes of this chapter;
     (9) Accept funds or property by loan, grant, gift or otherwise from the United States, the state of Washington, or any other public or private source;
     (10) Remove debris, logs, or other material which may impede the orderly flow of waters in streams or water courses: PROVIDED, That such material shall become property of the zone and may be sold for the purpose of recovering the cost of removal: PROVIDED FURTHER, That valuable material or minerals removed from public lands shall remain the property of the state;
     (11) Provide grant funds to political subdivisions of the state that are located within the boundaries of the zone, so long as the grant funds are within the authorized purposes of this chapter.

NEW SECTION.  Sec. 5   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.