BILL REQ. #:  S-0508.1 

Read first time 01/19/11.   Referred to Committee on Government Operations, Tribal Relations & Elections.

     AN ACT Relating to flood control zone districts; amending RCW 36.93.020, 86.15.010, 86.15.035, and 86.15.080; and adding a new section to chapter 86.15 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 86.15 RCW to read as follows:
     (1) When a watershed comprises territory within two or more counties or reservations of federally recognized Indian tribes, the boards of any or all of those counties, together with the appropriate authorities of any federally recognized Indian tribes choosing to participate, may create a multijurisdiction zone by execution of a formation agreement that specifies the following:
     (a) The boundaries of the multijurisdiction zone;
     (b) The general flood control needs or requirements within the multijurisdiction zone;
     (c) The number of supervisors, the qualifications for supervisors, the length of their terms, and whether supervisors will be appointed or elected by district voters, or a combination of both, including:
     (i) The method of appointing any supervisor; and
     (ii) For elected supervisors, whether (A) a supervisor shall be elected by all the voters within the multijurisdiction zone; (B) whether a supervisor shall be elected by the voters of voting districts with substantially equal numbers of voters; or (C) whether voting districts with substantially equal numbers of voters shall each nominate a candidate to be voted upon by all the voters within the multijurisdiction zone;
     (d) Manner in which actions are taken by the supervisors;
     (e) The treasurer of a county participating in the multijurisdiction zone that will hold the funds of the multijurisdiction zone and carry out the responsibilities described in RCW 86.15.130;
     (f) The engineer of the multijurisdiction zone who, subject to subsection (10) of this section, must be the engineer of a county participating in the multijurisdiction zone and who must carry out the responsibilities described in RCW 86.15.060 if so provided in the agreement;
     (g) The size, composition, and method of selecting members of the advisory committee provided for pursuant to subsection (11) of this section;
     (h) The time and manner in which the supervisors adopt a budget and, if desired, the policies and processes governing the adoption of rates, charges, taxes and assessments, and policies governing expenditures;
     (i) If the boundaries of a multijurisdiction zone will overlap another zone that is not a multijurisdiction zone, a provision prescribing how any ad valorem property tax levies are to be established so that the combined levies in the overlapping zones will never exceed the amount authorized under RCW 86.15.160(3);
     (j) Any other provisions deemed necessary and appropriate by the jurisdictions executing the formation agreement.
     The failure of a formation agreement to include each and every one of the elements described in subsection (1) of this section shall not render the agreement invalid. As soon as practicable after becoming aware of the missing element or elements, the jurisdictions participating within a multijurisdiction zone provide for the missing elements by amending the formation agreement in the manner described in subsection (2) of this section.
     (2) The formation agreement described in subsection (1) of this section must be approved by resolution of the board of each of the counties participating in the multijurisdiction zone after holding a public hearing on that formation, which must be not more than thirty days after the adoption of such resolution setting the hearing date. Thereafter, a board may by resolution accept or reject the agreement and the formation of the multijurisdiction zone. Any federally recognized Indian tribe choosing to participate in a multijurisdiction zone may approve its participation by action of the appropriate authority of that tribe. The formation agreement may be amended from time to time by resolution of the board of each county participating in the multijurisdiction zone and by appropriate tribal-authorizing action, except that amendments to boundaries must be made pursuant to subsection (13) of this section.
     (3) Any federally recognized Indian tribe with reservation land located in the proposed multijurisdiction zone must be provided the option to participate in the multijurisdiction zone, and each tribe that chooses to participate may appoint a supervisor to the multijurisdiction board. Land held in trust for any federally recognized Indian tribe or enrolled tribal member that is within the boundaries of a multijurisdiction zone shall not be treated as part of that multijurisdiction zone for any purpose unless that tribe has chosen to participate in the multijurisdiction zone.
     (4) Notwithstanding RCW 86.15.023, the boundaries of a multijurisdiction zone may overlap another zone that is not a multijurisdiction zone, but the combined annual ad valorem property tax levy must not exceed the amount authorized under RCW 86.15.160(3).
     (5) The board of supervisors of a multijurisdiction zone will consist of a number of members provided in the formation agreement, including any tribal supervisors. The length of terms of elected supervisors must be determined substantially in accordance with RCW 86.15.050(7). Appointed supervisors serve at the pleasure of the authority that appointed such supervisor. Members of the boards of the counties may serve as supervisors. If an appointed supervisor is not a member of the board of the county, then that appointed supervisor may be compensated pursuant to the provisions of RCW 86.15.055.
     (6) Each elected supervisor of a multijurisdiction zone serves until his or her successor is elected and qualified and assumes office. Vacancies in elected supervisor positions may occur and must be filled as provided by chapter 42.12 RCW and the formation agreement. The costs and expenses directly related to the election of supervisors must be borne by the multijurisdiction zone.
     (7) Except as otherwise provided in this section, RCW 86.15.001, 86.15.020, 86.15.023, 86.15.025, 86.15.030, 86.15.050, 86.15.070, 86.15.130, and 86.15.200 do not apply to multijurisdiction zones. All other provisions, powers, and limitations that apply to zones or flood control zone districts under this chapter or other applicable law apply to multijurisdiction zones.
     (8) The funds of the multijurisdiction zone must be held by the county treasurer designated in the agreement and such treasurer has the duties and authority of a zone treasurer as set forth in RCW 86.15.130. The administration of the affairs of a multijurisdiction zone are placed in the county engineer, also designated in the agreement, who has the duties of a zone engineer as set forth in RCW 86.15.060. If the county with the designated treasurer or engineer of the multijurisdiction zone withdraws from the multijurisdiction zone pursuant to this section or is not designated in the formation agreement, then the county treasurer or the county engineer of the county remaining with the largest amount of area in the multijurisdiction zone are the treasurer or engineer of the multijurisdiction zone until the remaining counties participating in the multijurisdiction zone approve a new treasurer or engineer.
     (9) The supervisors may also provide for administration of the affairs of the zone by other than the designated county engineer, pursuant to the authority established in RCW 86.15.095, to hire employees, staff, and services and to enter into contracts. The multijurisdiction zone engineer or other administrator may appoint such deputies and engage such employees, specialists, and technicians as may be required by the multijurisdiction zone and as authorized by the multijurisdiction zone's budget. Subject to the approval of the supervisors, the engineer or other administrator may organize, or reorganize as required, the zone into such departments, divisions, or other administrative relationships as he or she deems necessary to its efficient operation.
     (10) The budget adopted by the supervisors of a multijurisdiction zone must be in accordance with the provisions of RCW 86.15.140 unless otherwise provided in the formation agreement.
     (11) As set forth in the formation agreement, the supervisors of a multijurisdiction zone and/or the boards of jurisdictions participating in a multijurisdiction zone must appoint members of a multijurisdiction zone advisory committee if the committee is established in the agreement. Members of an advisory committee serve without pay and shall serve at the pleasure of the appointing authority.
     (12) Subject to the terms of the formation agreement, and subject to the terms of any other contract or bond covenant, the board of each jurisdiction participating in a multijurisdiction zone may withdraw pursuant to a resolution adopted by such board. A federally recognized tribe may withdraw by action of the appropriate authority of that tribe. Before withdrawing, the board of any county must conduct a public hearing notice of which shall be given as provided by RCW 36.32.120(7). If all jurisdictions participating within a multijurisdiction zone withdraw, the multijurisdiction zone is then abolished. Any indebtedness of a multijurisdiction zone must not be impaired by any withdrawal, and any county withdrawing must continue to levy and collect all necessary taxes and assessments until such debts are retired from property within the multijurisdiction zone.
     (13) Territory within a watershed but within a county or within the jurisdiction of a federally recognized tribe that did not initially participate in formation of a multijurisdiction zone may later be included within a multijurisdiction zone upon approval of the board of that county or upon approval by the appropriate authority of that tribe consistent with subsection (2) of this section, together with an amendment of the agreement approved by the boards of all of the counties and the appropriate authorities of all the tribes within the multijurisdiction zone. Prior to inclusion of that territory, the public hearing described in subsection (2) of this section is required only in a county that did not initially participate in formation of the multijurisdiction zone.
     (14) Existing zones formed under this chapter may become combined into and become a new multijurisdiction zone and be entitled to all the powers and privileges available under this section if: (a) The zones have entered into an interlocal agreement under RCW 86.15.035 or 86.15.080(8) and, if necessary, amend, restate, or replace the interlocal agreement so that it materially complies with the requirements of this section; (b) the boards of counties participating in the agreement have passed resolutions approving the conversion of the county zone into the new multijurisdiction zone; and (c) the resolutions and amended, restated, or replaced agreements also provide that all rights and obligations of the zone formally existing under this chapter shall thereafter be the obligations of the new multijurisdiction zone created under this section. Upon compliance with those requirements, the new multijurisdiction zone is a successor of the former zone for all purposes, and all rights and obligations of the former zone shall transfer to the new multijurisdiction zone and the obligations are treated as having been incurred, entered into, or issued by the new multijurisdiction zone; those obligations remain in full force and effect and continue to be enforceable in accordance with their terms.

Sec. 2   RCW 36.93.020 and 1999 c 153 s 44 are each amended to read as follows:
     As used herein:
     (1) "Governmental unit" means any incorporated city or town, metropolitan municipal corporation, or any special purpose district as defined in this section.
     (2) "Special purpose district" means any water-sewer district, fire protection district, drainage improvement district, drainage and diking improvement district, flood control zone district (other than a multijurisdiction flood control zone district), irrigation district, metropolitan park district, drainage district, or public utility district engaged in water distribution.
     (3) "Board" means a boundary review board created by or pursuant to this chapter.

Sec. 3   RCW 86.15.010 and 1983 c 315 s 11 are each amended to read as follows:
     The definitions set forth in this section apply through this chapter.
     (1) "Board" means the county legislative authority.
     (2) "Flood control improvement" means any works, projects, or other facilities necessary for the control of flood waters within the county or any zone or zones.
     (3) "Flood waters" and "storm waters" means any storm waste or surplus waters, including surface water, wherever located within the county or a zone or zones where such waters endanger public highways, streams and water courses, harbors, life, or property.
     (4) "Participating zones" means two or more zones found to benefit from a single flood control improvement or storm water control improvement.
     (5) "Storm water control improvement" means any works, projects, or other facilities necessary to control and treat storm water within the county or any zone or zones.
     (6) "Supervisors" means the board of supervisors, or governing body, of a zone.
     (7) "Zones" and "multijurisdiction zones" mean((s)) flood control zone districts ((which)) and multijurisdiction flood control zone districts, respectively, and are quasi-municipal corporations of the state of Washington created by this chapter.

Sec. 4   RCW 86.15.035 and 2003 c 327 s 19 are each amended to read as follows:
     In addition to the authority provided in this chapter, flood control zone districts may participate in and expend revenue on cooperative watershed management arrangements and actions, including ((watershed management partnerships)) without limitation those under chapter 39.34 RCW ((39.34.210)), under this act, and under other intergovernmental agreements authorized by law, for purposes of water supply, water quality, and water resource and habitat protection and management.

Sec. 5   RCW 86.15.080 and 2010 c 46 s 2 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, unless otherwise provided by agreement with a county or other public entity, 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 pursuant to chapter 8.08 RCW: 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, or contract with the state of Washington, United States, another state, any agency, corporation or political subdivision of the United States or any state, Canada, any federally recognized Indian tribe, or any private corporation or individual for the purposes of this chapter;
     (9) Accept funds ((or)), property, property rights or other assets or franchise rights 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 use of the grant funds is within the purposes authorized under this chapter;
     (12) Lease, convey, transfer, assign, or otherwise make available any real or personal property or property rights, other assets, or franchise rights, with or without compensation, to the state of Washington or to any city, county, special purpose district, other local government entity, or federally recognized Indian tribe, to carry out the purposes authorized under this chapter.