BILL REQ. #:  S-2258.1 

READ FIRST TIME 03/02/09.   

     AN ACT Relating to freshwater lakes management; amending RCW 43.21A.662; adding a new section to chapter 43.21A RCW; and creating new sections.

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

NEW SECTION.  Sec. 1   (1) The legislature finds that freshwater lakes are vital to the state's economy and environment, and serve as a source of recreational and scenic enjoyment. Lakes serve multiple purposes such as habitat for fish and wildlife, mitigation of flood damage, water storage for hydropower generation, and a source of water supply for aquifer recharge, drinking water, and water for agricultural, recreational, and industrial purposes.
     (2) The legislature further finds that currently more than two hundred lakes, or twenty-five percent of the publicly accessible lakes within Washington state, have impaired water quality conditions or are at risk for impairment. Since not all lakes are monitored for water quality, the full extent of lake water quality problems is not known but is likely much greater than that identified by current limited monitoring.
     (3) The legislature further finds that legislative studies a decade ago identified several programmatic recommendations to strengthen state and local responses to degradation in lakes health. While gains have been made in addressing nutrient sources of algal and aquatic vegetation growth in freshwater lakes, current programs are not adequately addressing other lakes, challenges such as invasive species, toxic algae, storm water management, discharge to lakes of toxic and endocrine-disrupting compounds, biodiversity conservation, and impacts from climate change.
     (4) Therefore it is the purpose of this act to direct that a comprehensive strategy for lakes protection and restoration be developed, portions of which may be implemented within current authority and funding, and that the strategy further include recommendations for further legislative authorization and funding to achieve a comprehensive statewide lakes protection and restoration program.

NEW SECTION.  Sec. 2   A new section is added to chapter 43.21A RCW to read as follows:
     (1) The department shall prepare a comprehensive lakes management strategic plan. The plan shall serve primarily to guide state programs that provide technical and financial assistance to other state agencies, local governments, special purpose districts, and nongovernmental entities for the protection and restoration of the state's freshwater lakes.
     (2) The plan must be developed in partnership with a lakes management advisory committee, which shall be appointed by the director and must include at least the following:
     (a) The commissioner of public lands, or the commissioner's designee;
     (b) The director of the department of fish and wildlife, or the director's designee;
     (c) The executive director of the Puget Sound partnership or the executive director's designee;
     (d) Representatives of counties, cities, and special purpose districts having lakes management interests;
     (e) Representatives of tribal governments and federal agencies having lakes management interests;
     (f) A statewide association of lakes management interests;
     (g) Representatives of lake users and residents, recreational users, and residents of lake shore properties; and
     (h) At least one scientist with lakes health expertise.
     (3) The plan may be developed in segments consistent with the direction and timelines in this section.
     (4) Not later than December 1, 2009, a plan element must be completed that provides guidance to the department's financial and technical assistance programs serving lake management needs.
     (5) Not later than September 1, 2010, the department shall complete elements of the strategy to improve lakes protection and restoration in the following activities:
     (a) Lakes monitoring;
     (b) Scientific research on lakes health;
     (c) Education and technical assistance;
     (d) Financial assistance;
     (e) Intergovernmental coordination in regulatory programs, financial and technical assistance, and lakes management; and
     (f) Administration and budgeting for lakes management programs, and recommendations for additional or modified monitoring.
     (6) In developing the strategic plan, the department and the committee must be informed by existing plans and recommendations that address or relate to the protection and restoration of lakes. The plan must include a summary of recommendations relating to lakes protection from existing water body cleanup plans developed under chapter 90.48 RCW, and watershed plans developed under chapter 90.82 RCW. The department shall also inform the committee on expenditures from RCW 70.105D.070 related to lakes.
     (7) The department, the department of fish and wildlife, and the department of natural resources shall incorporate the guidance and recommendations in the plan to the extent allowable under existing authority and available funding in the administration of lakes-related programs. The executive director of the Puget Sound partnership must also provide the guidance and recommendations to the Puget Sound partnership leadership council for consideration for inclusion in the action agenda required under chapter 90.71 RCW.

NEW SECTION.  Sec. 3   Not later than December 31, 2010, the department of ecology with the assistance of the lakes management advisory committee shall provide recommendations for creating dedicated state funding assistance for lakes restoration and protection to the appropriate committees of the senate and house of representatives. The recommendations must address the mechanism for making funding awards, including creating a funding entity specific for lakes restoration and protection. The recommendations must be based upon a goal of providing for lakes not less than ten percent of total state financial assistance provided directly to address point and nonpoint sources of water pollution of state waters.

Sec. 4   RCW 43.21A.662 and 1999 c 251 s 2 are each amended to read as follows:
     (((1))) The department shall ((appoint an advisory committee)) use the lakes management advisory committee created in section 2 of this act to oversee the freshwater aquatic weeds management program. For oversight activities related to this program, the advisory committee shall include representatives of recreational boaters, the aquatic nuisance species committee created in RCW 77.60.130, pesticide registrants, as defined in RCW 15.58.030(36), and certified pesticide applicators, as defined in RCW 17.21.020(6), who specialize in the use of aquatic pesticides.
     (((2) The advisory committee shall include representatives from the following groups:
     (a) Recreational boaters interested in freshwater aquatic weed management;
     (b) Residents adjacent to lakes, rivers, or streams with public boat launch facilities;
     (c) Local governments;
     (d) Scientific specialists;
     (e) Pesticide registrants, as defined in RCW 15.58.030(34);
     (f) Certified pesticide applicators, as defined in RCW 17.21.020(5), who specialize in the use of aquatic pesticides; and
     (g) If chapter . . ., Laws of 1999 (Senate Bill No. 5315) is enacted by June 30, 1999, the aquatic nuisance species coordinating committee.
     (3) The advisory committee shall review and provide recommendations to the department on freshwater aquatic weeds management program activities and budget and establish criteria for grants funded from the freshwater aquatic weeds account.))

NEW SECTION.  Sec. 5   If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2009, in the omnibus appropriations act, this act is null and void.